SB0322sam002 99TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 5/4/2016

09900SB0322sam002 LRB099 02940 AWJ 48293 a

AMENDMENT TO SENATE BILL 322

AMENDMENT NO. ______. Amend Senate Bill 322, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Interstate Compact for Fair Representation Act.

Section 5. Interstate Compact for Fair Representation. The Governor is hereby authorized to enter into a compact on behalf of this State with any state of the United States legally joining therein in the form substantially as follows:

INTERSTATE COMPACT FOR FAIR REPRESENTATION

Article I - Membership.

Any state of the United States may become a member of this Interstate Compact for Fair Representation by enacting this agreement.

Article II - Definitions.

In this agreement the following words have the meanings indicated:

(a) "Coalition district" means a district where more than one group of racial minorities or language minorities may form a coalition to elect the candidate of the coalition's choice.

(b) "Commission" means the independent redistricting commission established by the compacting states under this agreement.

(c) "Communities of interest" means a group of people concentrated in a geographic area, such as a specific region or neighborhood, who share similar social, cultural, ethnic, economic, religious, or political interests and priorities.

(d) "Competitive district" means a district that has a substantially equal partisan balance.

(e) "Crossover district" means a district where a racial minority or language minority constitutes less than a majority of the voting-age population but where this minority, at least potentially, is large enough to elect the candidate of its choice with help from voters who are members of the majority and who cross over to support the minority's preferred candidate.

(f) "District" means a congressional or state legislative district.

(g) "Influence district" means a district where a racial minority or language minority can influence the outcome of an election even if its preferred candidate cannot be elected.

(h) "Language minority" means a class of voters who are members of a language group receiving protection under the federal Voting Rights Act.

(i) "Member state" means each state that has enacted this agreement.

(j) "Plan" means the redistricting plan drawn for a member state by the commission under this agreement.

(k) "Racial minority" means a class of voters who are members of a race or color group receiving protection under the federal Voting Rights Act.

Article III - Independent redistricting commission.

Each member state shall establish an independent redistricting commission. Each member of the commission shall serve a 10-year term. The following applies to the selection of the members of the commission:

(a) The selection process is intended to produce a commission that is independent from legislative influence and reasonably representative of the member state's diversity.

(b) The commission shall consist of 14 members: 5 who are affiliated with the largest political party in the member state; 5 who are affiliated with the second largest political party in the member state; and 4 who are not affiliated with either of the two largest political parties in the member state.

(c) To be considered affiliated with one of the 2 largest political parties in the member state, a commission member must have voted in 3 of the last 4 statewide primary elections for the same political party. To be considered unaffiliated with either of the 2 largest political parties in the member state, a commission member must have either (i) voted in no more than one of the last four statewide primary elections or (ii) voted for a political party that is not one of the 2 largest political parties in the member state in 2 or more of the last 4 statewide primary elections. An unaffiliated commission member who has made campaign contributions to one or both of the 2 largest political parties in the member state may not have contributed more to one party than the other, as determined by the state auditor.

(d) The commission must reflect the race and gender demographics of the state;

(e) To the extent practicable, the commission should represent distinct geographic regions of the state according to population distribution;

(f) To be eligible to become a member of the commission, an individual may not:

(1) hold an elected office;

(2) be a candidate for an elected office;

(3) be the spouse, parent, or child of an individual who holds an elected office or is a candidate for elected office;

(4) serve as an officer, an employee, or a paid consultant of a political party or candidate campaign for elected office;

(5) be a registered lobbyist; or

(6) have held elected office or run as a candidate for elected office at any time during the ten-year period ending on December 31 preceding the date of appointment.

The state auditor shall accept applications from the member state's residents who meet the above qualifications for service on the commission. From the applicant pool, the state auditor shall, no later than May 1 of the year following a federal decennial census, select 60 of the most qualified applicants, including a subpool of 20 who are affiliated with the largest political party in the member state, a subpool of 20 who are affiliated with the second largest political party in the member state, and a subpool of 20 who are not affiliated with either of the two largest political parties in the member state. These applicants shall be selected on the basis of relevant analytical skills, ability to be impartial, and appreciation for the member state's diverse demographics and geography.

The state auditor shall present its pool of recommended applicants to the state legislature. The leaders of the political party with the greatest number of seats in each chamber of the state legislature, and the leaders of the political party with the second greatest number of seats in each chamber of the state legislature, may each strike up to 2 applicants from each subpool of 20 for a total of 8 possible strikes per subpool. If the member state has a unicameral legislature, the leader of the political party with the greatest number of seats in the state legislature and the leader of the political party with the second greatest number of seats in the state legislature may each strike up to 4 applicants from each subpool of 20. After all legislative leaders have exercised their strikes, and no later than May 15 of the year following a federal decennial census, the state legislature shall present the pool of remaining names to the state auditor.

No later than June 1 of the year following a federal decennial census, the state auditor shall randomly draw 8 names from the remaining pool of applicants as follows: 3 from the remaining subpool of applicants affiliated with the largest political party in the member state; 3 from the remaining subpool of applicants affiliated with the second largest political party in the member state; and 2 from the remaining subpool of applicants who are not affiliated with either of the 2 largest political parties in the member state. These 8 individuals shall serve on commission.

No later than July 1 of the year following a federal decennial census, the 8 commissioners shall review the remaining names in the pool of applicants and appoint 6 applicants to the commission as follows: 2 from the remaining subpool of applicants affiliated with the largest political party in the member state; 2 from the remaining subpool of applicants affiliated with the second largest political party in the member state; and 2 from the remaining subpool of applicants who are not affiliated with either of the 2 largest political parties in the member state. The 6 appointees must be approved by at least 5 affirmative votes, which must include at least 2 votes of commissioners affiliated with each of the 2 largest parties and one vote from a commissioner who is not affiliated with either of the 2 largest political parties in the member state.

If the member state does not have a state auditor, the responsibilities of the state auditor set forth in this Compact shall be performed by a special master appointed by a majority of the judges of the member state's highest court.

Article IV - Vacancy.

A vacancy in the commission shall be filled in the manner in which the original appointment was made.

Article V - Independent redistricting plan.

The commission shall develop a redistricting plan for the member state's congressional and state legislative districts. The commission's starting point for drawing the plan shall be the member state's census tract map according to the most recent federal decennial census. Adjustments to the map shall then be made as necessary to accomplish the goals as set forth below. Each district shall, in order of priority:

(a) be substantially equal in population;

(b) be consistent with the federal Voting Rights Act and any other applicable federal or state law;

(c) provide racial minorities and language minorities with the equal opportunity to participate in the political process and elect candidates of their choice;

(d) create crossover districts, coalition districts, or influence districts to provide racial minorities and language minorities who constitute less than a voting-age majority of a district with an opportunity to control or substantially influence the outcome of an election;

(e) be contiguous, except to the extent necessary to include any area which is surrounded by a body of water;

(f) respect, to the extent practicable, communities of interest as determined on the basis of census tract or other relevant information;

(g) respect, to the extent practicable, visible geographic features, city, town, and county boundaries, and undivided census tracts;

(h) be compact; and

(i) not consider the place of residence of any incumbent or political candidate in the creation of a map. Districts shall not be drawn for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.

To the extent practicable, competitive districts should be favored where to do so would create no significant detriment to goals (a) through (i).

Article VI - Population count.

The population count used for the purpose of creating the independent redistricting plan shall count individuals incarcerated in state or federal correctional facilities, as determined by the federal decennial census, at their last known residence before incarceration if the individuals were residents of the member state. The population count may not include individuals incarcerated in state or federal correctional facilities who were not residents of the state before their incarceration.

Article VII - Voting.

Nine members of the commission shall constitute a quorum. Nine or more affirmative votes shall be required for any official action. The final redistricting maps must be approved by at least nine affirmative votes which must include at least 3 votes of members affiliated with each of the 2 largest political parties in the member state and 3 votes from members who are not affiliated with either of these 2 political parties.

Article VIII - Timing.

The commission shall adopt a redistricting plan following each federal decennial census. The commission shall not adopt any redistricting plan mid-decade before the next federal decennial census.

Article IX - Internet website.

As soon as practicable after establishing the commission, the member state shall establish and maintain a public Internet website for the commission which meets all of the following requirements:

(a) The site is updated continuously to provide advance notice of commission hearings and to otherwise provide timely information on the activities of the commission.

(b) The site contains the most recent available information from the United States Bureau of the Census on voting-age population, voter registration, and voting in the state, including precinct-level and census tract-level data as well as detailed maps reflecting such information.

(c) The site includes interactive software that enables any individual to design a redistricting plan for the member state in accordance with the criteria described in Article IV.

(d) The site permits any individual to submit a proposed redistricting plan to the commission, and to submit questions, comments, and other information with respect to the commission's activities.

Article X - Public hearings.

The commission shall operate in an open and transparent manner and shall solicit public feedback in drawing a plan. The commission shall hold public hearings in distinct geographic regions of the state according to population distribution at which members of the public may provide input, including submitting proposed redistricting plans. The commission shall hold at least one public hearing in each congressional district and shall hold the following minimum number of hearings:

(a) A member state with at least 3 congressional districts shall hold at least 6 hearings.

(b) A member state with no fewer than 3 but not more than 6 congressional districts shall hold at least 8 hearings.

(c) A member state with no fewer than 6 but not more than 9 congressional districts shall hold at least 12 hearings.

(d) A member state with no fewer than 9 but not more than 15 congressional districts shall hold at least 18 hearings.

(e) A member state with no fewer than 15 but not more than 20 congressional districts shall hold at least 22 hearings.

(f) A member state with more than 20 congressional districts shall hold at least one hearing for each district plus 5 additional hearings.

Article XI - Public notice.

(a) Hearings. Not fewer than 7 days before a public hearing, the commission shall issue public notice of the hearing time and location, including but not limited to posting the notice on the commission's website.

(b) Certification to Secretary of State. Not fewer than 7 days before certifying a redistricting plan to the Secretary of State, the commission shall issue public notice, including but not limited to posting the notice on the commission's web site. The notice shall contain the following information:

(1) A detailed version of the plan, including a map showing each district established under the plan and the voting-age population by race of each district;

(2) A statement providing specific information on the commission's methodology for drawing the plan and how the plan would serve the public interest;

(3) Any dissenting statements of any members of the commission who did not approve of the plan.

Article XII - Certification to Secretary of State.

By September 1 of the year following a federal decennial census, the commission shall approve final maps that separately set forth the district boundary lines for the member state's congressional and state legislative districts. Upon approval, the commission shall certify the final maps to the member state's Secretary of State. The commission shall issue, with each final map, a report that explains the basis on which the commission made its decisions in achieving compliance with the criteria listed in Article V and shall include definitions of the terms and standards used in drawing each final map. An approved redistricting plan filed with the Secretary of State shall be presumed valid, shall have the force and effect of law and shall be published promptly by the Secretary of State. If the member state does not have a Secretary of State, the responsibilities of the Secretary of State set forth in this Compact shall be performed by the Secretary of the Commonwealth or other state official designated by the member state's chief executive.

Article XIII - Judicial review.

If the commission does not approve a final map by at least the requisite votes or if a final map is not certified to the Secretary of State by September 15 of the year following a federal decennial census, the Secretary of State shall immediately petition the highest court of the member state for an order directing the appointment of special masters to adjust the boundary lines of that map in accordance with the redistricting criteria and requirements set forth in Article V. Upon its approval of the special masters' map, the court shall certify the resulting map to the Secretary of State no later than October 1 of the year following a federal decennial census, and that map shall constitute the certified final map for the district.

Article XIV - Other laws.

Nothing in this agreement shall be construed, applied, or implemented in a way that imposes any requirement or obligation that conflicts with the United States Constitution or any federal law regarding redistricting congressional or state legislative districts, including, but not limited to, the Voting Rights Act.

Article XV - Effective date.

The several states are invited to concur in this agreement by enactment of a similar act. This agreement shall take effect when every state with three or more congressional districts at the time of redistricting has enacted this agreement in substantially the same form and the enactments by such states have taken effect in each state. It shall continue in effect if a member state with 3 congressional districts loses a district following a federal decennial census occurring after the agreement takes effect. If, following a federal decennial census occurring after the agreement takes effect, a non-member state is entitled to an additional congressional district that would bring the non-member state's total number of congressional districts to 3 or more, the agreement shall be suspended until the non-member state enacts this agreement and the enactment takes effect.

The chief executive of each member state shall promptly notify the chief executive of all other states when this agreement has been enacted in that official's state or when the state has withdrawn from this agreement.

Article XVI - Withdrawal.

Any member state may withdraw from this agreement, except that a withdrawal occurring 6 months or less before a general election in which any Congressional or state legislative seat is on the ballot shall not become effective until after the election results are certified.

Article XVII - Compliance.

A member state is not required to comply with this compact if:

(a) the commission of any member state fails to adopt a redistricting plan; or

(b) the Attorney General of any member state determines that another member state has repealed, replaced, or failed to implement any aspect of this compact, including but not limited to failing to establish an independent redistricting commission or failing to implement the district map adopted by the commission.

Article XVIII - Severability.

If any provision of this agreement is held invalid, the remaining provisions shall not be affected.

Article XIX - Enforcement.

The agencies and officers of each member state and its subdivisions shall enforce this compact and do all things appropriate to effect its purpose and intent that may be within their respective jurisdictions, including but not limited to adopting any legislation or regulations necessary to implement this agreement.

Section 99. Effective date. This Act takes effect upon becoming law.".