Illinois 2025-2026 Regular Session

Illinois House Bill HJRCA0005 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0005 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: ILCON Art. IV, Sec. 2ILCON Art. IV, Sec. 3 Proposes to amend the Legislature Article of the Illinois Constitution. Removes the requirement for each Legislative District to be divided into two Representative Districts. Modifies provisions concerning legislative redistricting. Provides specified requirements for each Legislative District, Representative District, and Congressional District for redistricting purposes. Replaces the current method of legislative redistricting. Provides for the creation of a sixteen-member commission, appointed by the Chief Justice of the Supreme Court and the most senior Supreme Court Justice of a different political party, in accordance with specified criteria. Requires the commission to adopt and file with the Secretary of State redistricting plans for Legislative, Representative, and Congressional Districts following a series of public hearings by August 1 of the year following a federal decennial census. Permits the public to submit redistricting plans during the redistricting process for consideration by the Commission. Specifies that, if a redistricting plan is not adopted by August 1 of the year following a federal decennial census, then a seventeenth member shall be appointed to the commission and redistricting plans shall be filed by September 1. Adds provisions concerning the membership of the commission and budgetary matters related to the commission. Effective upon being declared adopted and applicable to redistricting beginning in 2031 and to the election of General Assembly members beginning in 2032. LRB104 07326 SPS 17365 e 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0005 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: ILCON Art. IV, Sec. 2ILCON Art. IV, Sec. 3 ILCON Art. IV, Sec. 2 ILCON Art. IV, Sec. 3 Proposes to amend the Legislature Article of the Illinois Constitution. Removes the requirement for each Legislative District to be divided into two Representative Districts. Modifies provisions concerning legislative redistricting. Provides specified requirements for each Legislative District, Representative District, and Congressional District for redistricting purposes. Replaces the current method of legislative redistricting. Provides for the creation of a sixteen-member commission, appointed by the Chief Justice of the Supreme Court and the most senior Supreme Court Justice of a different political party, in accordance with specified criteria. Requires the commission to adopt and file with the Secretary of State redistricting plans for Legislative, Representative, and Congressional Districts following a series of public hearings by August 1 of the year following a federal decennial census. Permits the public to submit redistricting plans during the redistricting process for consideration by the Commission. Specifies that, if a redistricting plan is not adopted by August 1 of the year following a federal decennial census, then a seventeenth member shall be appointed to the commission and redistricting plans shall be filed by September 1. Adds provisions concerning the membership of the commission and budgetary matters related to the commission. Effective upon being declared adopted and applicable to redistricting beginning in 2031 and to the election of General Assembly members beginning in 2032. LRB104 07326 SPS 17365 e LRB104 07326 SPS 17365 e
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0005 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
33 ILCON Art. IV, Sec. 2ILCON Art. IV, Sec. 3 ILCON Art. IV, Sec. 2 ILCON Art. IV, Sec. 3
44 ILCON Art. IV, Sec. 2
55 ILCON Art. IV, Sec. 3
66 Proposes to amend the Legislature Article of the Illinois Constitution. Removes the requirement for each Legislative District to be divided into two Representative Districts. Modifies provisions concerning legislative redistricting. Provides specified requirements for each Legislative District, Representative District, and Congressional District for redistricting purposes. Replaces the current method of legislative redistricting. Provides for the creation of a sixteen-member commission, appointed by the Chief Justice of the Supreme Court and the most senior Supreme Court Justice of a different political party, in accordance with specified criteria. Requires the commission to adopt and file with the Secretary of State redistricting plans for Legislative, Representative, and Congressional Districts following a series of public hearings by August 1 of the year following a federal decennial census. Permits the public to submit redistricting plans during the redistricting process for consideration by the Commission. Specifies that, if a redistricting plan is not adopted by August 1 of the year following a federal decennial census, then a seventeenth member shall be appointed to the commission and redistricting plans shall be filed by September 1. Adds provisions concerning the membership of the commission and budgetary matters related to the commission. Effective upon being declared adopted and applicable to redistricting beginning in 2031 and to the election of General Assembly members beginning in 2032.
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1111 1 HOUSE JOINT RESOLUTION
1212 2 CONSTITUTIONAL AMENDMENT
1313 3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
1414 4 HUNDRED FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
1515 5 SENATE CONCURRING HEREIN, that there shall be submitted to the
1616 6 electors of the State for adoption or rejection at the general
1717 7 election next occurring at least 6 months after the adoption
1818 8 of this resolution a proposition to amend Article IV of the
1919 9 Illinois Constitution by changing Sections 2 and 3 as follows:
2020 10 ARTICLE IV
2121 11 THE LEGISLATURE
2222 12 (ILCON Art. IV, Sec. 2)
2323 13 SECTION 2. LEGISLATIVE COMPOSITION
2424 14 (a) One Senator shall be elected from each Legislative
2525 15 District. Immediately following each decennial redistricting,
2626 16 the General Assembly by law shall divide the Legislative
2727 17 Districts as equally as possible into three groups. Senators
2828 18 from one group shall be elected for terms of four years, four
2929 19 years and two years; Senators from the second group, for terms
3030 20 of four years, two years and four years; and Senators from the
3131 21 third group, for terms of two years, four years and four years.
3232 22 The Legislative Districts in each group shall be distributed
3333 23 substantially equally over the State.
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0005 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
3838 ILCON Art. IV, Sec. 2ILCON Art. IV, Sec. 3 ILCON Art. IV, Sec. 2 ILCON Art. IV, Sec. 3
3939 ILCON Art. IV, Sec. 2
4040 ILCON Art. IV, Sec. 3
4141 Proposes to amend the Legislature Article of the Illinois Constitution. Removes the requirement for each Legislative District to be divided into two Representative Districts. Modifies provisions concerning legislative redistricting. Provides specified requirements for each Legislative District, Representative District, and Congressional District for redistricting purposes. Replaces the current method of legislative redistricting. Provides for the creation of a sixteen-member commission, appointed by the Chief Justice of the Supreme Court and the most senior Supreme Court Justice of a different political party, in accordance with specified criteria. Requires the commission to adopt and file with the Secretary of State redistricting plans for Legislative, Representative, and Congressional Districts following a series of public hearings by August 1 of the year following a federal decennial census. Permits the public to submit redistricting plans during the redistricting process for consideration by the Commission. Specifies that, if a redistricting plan is not adopted by August 1 of the year following a federal decennial census, then a seventeenth member shall be appointed to the commission and redistricting plans shall be filed by September 1. Adds provisions concerning the membership of the commission and budgetary matters related to the commission. Effective upon being declared adopted and applicable to redistricting beginning in 2031 and to the election of General Assembly members beginning in 2032.
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6464 1 (b) Each Legislative District shall be divided into two
6565 2 Representative Districts. In 1982 and every two years
6666 3 thereafter one Representative shall be elected from each
6767 4 Representative District for a term of two years.
6868 5 (c) To be eligible to serve as a member of the General
6969 6 Assembly, a person must be a United States citizen, at least 21
7070 7 years old, and for the two years preceding his election or
7171 8 appointment a resident of the district which he is to
7272 9 represent. In the general election following a redistricting,
7373 10 a candidate for the General Assembly may be elected from any
7474 11 district which contains a part of the district in which he
7575 12 resided at the time of the redistricting and reelected if a
7676 13 resident of the new district he represents for 18 months prior
7777 14 to reelection.
7878 15 (d) Within thirty days after a vacancy occurs, it shall be
7979 16 filled by appointment as provided by law. If the vacancy is in
8080 17 a Senatorial office with more than twenty-eight months
8181 18 remaining in the term, the appointed Senator shall serve until
8282 19 the next general election, at which time a Senator shall be
8383 20 elected to serve for the remainder of the term. If the vacancy
8484 21 is in a Representative office or in any other Senatorial
8585 22 office, the appointment shall be for the remainder of the
8686 23 term. An appointee to fill a vacancy shall be a member of the
8787 24 same political party as the person he succeeds.
8888 25 (e) No member of the General Assembly shall receive
8989 26 compensation as a public officer or employee from any other
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100100 1 governmental entity for time during which he is in attendance
101101 2 as a member of the General Assembly.
102102 3 No member of the General Assembly during the term for
103103 4 which he was elected or appointed shall be appointed to a
104104 5 public office which shall have been created or the
105105 6 compensation for which shall have been increased by the
106106 7 General Assembly during that term.
107107 8 (Source: Amendment adopted at general election November 4,
108108 9 1980.)
109109 10 (ILCON Art. IV, Sec. 3)
110110 11 SECTION 3. LEGISLATIVE REDISTRICTING
111111 12 (a) As used in this Section, "consumer price index-u"
112112 13 means the index published by the Bureau of Labor Statistics of
113113 14 the United States Department of Labor or a successor agency
114114 15 that measures the average change in prices of goods and
115115 16 services purchased by all urban consumers, United States city
116116 17 average, all items, 1982-84=100.
117117 18 (b) Each Legislative District, Representative District,
118118 19 and Congressional District shall, in the following order of
119119 20 priority:
120120 21 (1) fully comply with the United States Constitution
121121 22 and federal laws, such as the federal Voting Rights Act;
122122 23 (2) be substantially equal in population;
123123 24 (3) provide racial minorities and language minorities
124124 25 with the equal opportunity to participate in the political
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135135 1 process and elect candidates of their choice;
136136 2 (4) provide racial minorities and language minorities
137137 3 who constitute less than a voting-age majority of a
138138 4 Legislative District, Representative District, or
139139 5 Congressional District with an opportunity to
140140 6 substantially influence the outcome of an election;
141141 7 (5) be contiguous;
142142 8 (6) be compact;
143143 9 (7) respect, to the extent practical, geographic
144144 10 integrity of units of local government;
145145 11 (8) respect, to the extent practical, communities
146146 12 sharing common social or economic interests; and
147147 13 (9) not discriminate against or in favor of any
148148 14 political party or individual.
149149 15 (c) No later than December 30 of the year that each federal
150150 16 decennial census occurs, the Chief Justice and the most senior
151151 17 Supreme Court Justice who is not elected from the same
152152 18 political party as the Chief Justice shall select sixteen
153153 19 commissioners to form an Independent Redistricting Commission.
154154 20 The commissioners shall reflect the ethnic, gender, and racial
155155 21 demographics of Illinois. Fourteen of the commissioners shall
156156 22 represent, in equal number, the two political parties whose
157157 23 gubernatorial candidates received the greatest number of votes
158158 24 in the last gubernatorial election. Two of the commissioners
159159 25 shall represent neither of those parties. The two Justices
160160 26 responsible for selecting the sixteen commissioners shall
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171171 1 consider party identification and all campaign contributions
172172 2 in determining a potential commissioner's eligibility. There
173173 3 shall be at least two commissioners from each Judicial
174174 4 District.
175175 5 (d) A person is ineligible to serve on the Commission if,
176176 6 within the preceding four calendar years, the person or his or
177177 7 her spouse or immediate family member was appointed or elected
178178 8 to a position with the State, federal, or local government; is
179179 9 a State employee; is a lobbyist as defined by law; has an
180180 10 ownership interest in an entity with a State or federal
181181 11 contract; or is appointed or elected to serve a political
182182 12 party. A commissioner is ineligible for a period of 10 years to
183183 13 serve in the General Assembly or to be appointed to a position
184184 14 subject to Senate confirmation. Commissioners must file
185185 15 financial disclosure statements and abide by any ethics
186186 16 requirements established by law.
187187 17 (e) The Commission shall act in public meetings by the
188188 18 affirmative vote of ten commissioners. The Commission shall
189189 19 elect its chairperson and vice chairperson, who shall not be
190190 20 affiliated with the same political party. Each meeting of the
191191 21 Commission shall be open to the public. There must be public
192192 22 notice at least seven days before a meeting. All records of the
193193 23 Commission, including all communications to or from the
194194 24 Commission regarding the work of the Commission, shall be
195195 25 available for public inspection. The Commission shall adopt
196196 26 rules governing its procedures. The Commission shall be
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207207 1 considered a public body subject to the Freedom of Information
208208 2 Act or a successor Act and the Open Meetings Act or a successor
209209 3 Act. Commissioners and staff may not communicate with or
210210 4 receive communications about redistricting matters from anyone
211211 5 outside of a public hearing.
212212 6 (f) The Commission shall hold at least twenty public
213213 7 hearings throughout the State before adopting a redistricting
214214 8 plan, with a majority of the hearings occurring before the
215215 9 Commission releases any proposed redistricting plan. At least
216216 10 10 public hearings must occur throughout the State after the
217217 11 release of any proposed redistricting plan.
218218 12 The Commission must provide a meaningful opportunity for
219219 13 racial minorities and language minorities to participate in
220220 14 the public hearings, including, but not limited to, issuing
221221 15 notices in multiple languages and ensuring that translation
222222 16 services are available at all hearings at the Commission's
223223 17 expense or through partnership with outside organizations.
224224 18 These public hearings must be open to all members of the public
225225 19 and must be planned to encourage attendance and participation
226226 20 across the State, including the use of technology that allows
227227 21 for real-time, virtual participation and feedback during the
228228 22 hearings. When releasing a proposed redistricting plan, the
229229 23 Commission must also release population data, geographic data,
230230 24 election data, and any other data used to create the plan, when
231231 25 the Commission receives this information. The Commission must
232232 26 also provide terminals for members of the public to access the
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243243 1 data and associated software. During the redistricting
244244 2 process, any member of the public may submit redistricting
245245 3 proposals for consideration to the Commission. Those
246246 4 submissions are public records that are open to comment.
247247 5 The Commission may not adopt a redistricting plan until
248248 6 the Commission adopts and publishes a report explaining the
249249 7 plan's compliance with the United States Constitution and
250250 8 Illinois Constitution. Before the adoption of a redistricting
251251 9 plan, the Commission shall release to the public the final
252252 10 plan and its associated compliance report. The meeting to vote
253253 11 on adoption of a redistricting plan shall occur no sooner than
254254 12 thirty days after the release of the final plan and its
255255 13 associated compliance report. All proposed and adopted
256256 14 redistricting plans and any data used to develop these
257257 15 redistricting plans are public records. The Commission shall
258258 16 maintain a website or other similar electronic platform to
259259 17 disseminate information about the Commission, including
260260 18 records of its meetings and hearings, proposed redistricting
261261 19 plans, assessments and reports on plans, and to allow the
262262 20 public to view its meetings and hearings in both live and
263263 21 archived form. The website or electronic platform must allow
264264 22 the public to submit redistricting plans and comments on
265265 23 redistricting plans to the Commission for its consideration.
266266 24 (g) The Commission shall adopt and file with the Secretary
267267 25 of State a redistricting plan for the Legislative Districts,
268268 26 Representative Districts, and Congressional Districts by
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279279 1 August 1 of the year following the federal decennial census.
280280 2 The Commission may adopt separate redistricting plans for the
281281 3 Legislative Districts, the Representative Districts, and the
282282 4 Congressional Districts.
283283 5 (h) If the Commission fails to adopt and file a
284284 6 redistricting plan by August 1 of the year following a federal
285285 7 decennial census, the Chief Justice of the Supreme Court and
286286 8 the most senior Supreme Court Justice who is not elected from
287287 9 the same political party as the Chief Justice shall appoint,
288288 10 by August 8, a seventeenth member to the Commission. The
289289 11 seventeenth member of the Commission must not be affiliated
290290 12 with either major political party. The seventeen-member
291291 13 Commission shall adopt and file with the Secretary of State
292292 14 redistricting plans for the Legislative Districts,
293293 15 Representative Districts, and Congressional Districts by
294294 16 September 1 of the year following the federal decennial
295295 17 census.
296296 18 (i) Members of the Commission shall be compensated at the
297297 19 rate of $37.50 for each hour the member is engaged in
298298 20 Commission business. For each succeeding Commission, the rate
299299 21 of compensation shall be adjusted in each year of the federal
300300 22 decennial census by the cumulative change in the consumer
301301 23 price index-u or a successor metric. Members of the Commission
302302 24 are eligible for reimbursement of personal expenses incurred
303303 25 in connection with the duties performed pursuant to this
304304 26 Section. A member's residence is deemed to be the member's
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315315 1 post of duty for purposes of reimbursement of expenses.
316316 2 (j) Within thirty days after the selection of the
317317 3 Independent Redistricting Commission, the Governor shall
318318 4 include in the budget submitted under Section 2 of Article
319319 5 VIII to the General Assembly amounts of funding for the
320320 6 Commission and the Secretary of State that are sufficient to
321321 7 meet the estimated expenses of each of those officers or
322322 8 entities in implementing the redistricting process required by
323323 9 this Section for a three-year period, including, but not
324324 10 limited to, adequate funding for a statewide outreach program
325325 11 to solicit broad public participation in the redistricting
326326 12 process. The Governor shall also make adequate office space
327327 13 available for the operation of the Commission. The General
328328 14 Assembly shall make the necessary appropriation for the
329329 15 Commission, and the appropriation shall be available during
330330 16 the entire 3-year period. The appropriation made shall be
331331 17 equal to the greater of $3,000,000 or the amount expended in
332332 18 accordance with this subsection in the immediately preceding
333333 19 redistricting process, as each amount is adjusted by the
334334 20 cumulative change in inflation based on the consumer price
335335 21 index-u or a successor metric, since the date of the
336336 22 immediately preceding appropriation made in accordance with
337337 23 this subsection. The General Assembly may make additional
338338 24 appropriations in any year that it determines that the
339339 25 Commission requires additional funding in order to fulfill its
340340 26 duties. The Commission, with fiscal oversight from the
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351351 1 Comptroller or its successor, shall have procurement and
352352 2 contracting authority and may hire staff and consultants, for
353353 3 the purposes of this Section, including legal representation.
354354 4 (k) A redistricting plan filed with the Secretary of State
355355 5 shall be presumed valid and shall be published promptly by the
356356 6 Secretary of State.
357357 7 (l) The Supreme Court shall have original and exclusive
358358 8 jurisdiction over actions concerning the redistricting of the
359359 9 Congressional, Legislative, and Representative Districts,
360360 10 which shall be initiated in the name of the People of the State
361361 11 by the Attorney General. Each person who resides or is
362362 12 domiciled in the State, or whose executive office or principal
363363 13 place of business is located in the State, may bring an action
364364 14 in a court of competent jurisdiction to obtain any of the
365365 15 relief available.
366366 16 (a) Legislative Districts shall be compact, contiguous and
367367 17 substantially equal in population. Representative Districts
368368 18 shall be compact, contiguous, and substantially equal in
369369 19 population.
370370 20 (b) In the year following each Federal decennial census
371371 21 year, the General Assembly by law shall redistrict the
372372 22 Legislative Districts and the Representative Districts.
373373 23 If no redistricting plan becomes effective by June 30 of
374374 24 that year, a Legislative Redistricting Commission shall be
375375 25 constituted not later than July 10. The Commission shall
376376 26 consist of eight members, no more than four of whom shall be
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387387 1 members of the same political party.
388388 2 The Speaker and Minority Leader of the House of
389389 3 Representatives shall each appoint to the Commission one
390390 4 Representative and one person who is not a member of the
391391 5 General Assembly. The President and Minority Leader of the
392392 6 Senate shall each appoint to the Commission one Senator and
393393 7 one person who is not a member of the General Assembly.
394394 8 The members shall be certified to the Secretary of State
395395 9 by the appointing authorities. A vacancy on the Commission
396396 10 shall be filled within five days by the authority that made the
397397 11 original appointment. A Chairman and Vice Chairman shall be
398398 12 chosen by a majority of all members of the Commission.
399399 13 Not later than August 10, the Commission shall file with
400400 14 the Secretary of State a redistricting plan approved by at
401401 15 least five members.
402402 16 If the Commission fails to file an approved redistricting
403403 17 plan, the Supreme Court shall submit the names of two persons,
404404 18 not of the same political party, to the Secretary of State not
405405 19 later than September 1.
406406 20 Not later than September 5, the Secretary of State
407407 21 publicly shall draw by random selection the name of one of the
408408 22 two persons to serve as the ninth member of the Commission.
409409 23 Not later than October 5, the Commission shall file with
410410 24 the Secretary of State a redistricting plan approved by at
411411 25 least five members.
412412 26 An approved redistricting plan filed with the Secretary of
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423423 1 State shall be presumed valid, shall have the force and effect
424424 2 of law and shall be published promptly by the Secretary of
425425 3 State.
426426 4 The Supreme Court shall have original and exclusive
427427 5 jurisdiction over actions concerning redistricting the House
428428 6 and Senate, which shall be initiated in the name of the People
429429 7 of the State by the Attorney General.
430430 8 (Source: Amendment adopted at general election November 4,
431431 9 1980.)
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