Fulton County Farm Bureau

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Legislative Redistricting Marathon Hearing

Illinois Fair Map Amendment - Legislative Version - SJRCA 104 (Sen. Radogno)

This evening, and into tonight, the Senate Redistricting committee took testimony and then voted on two proposals. The first was SJRCA 104 (Sen. Radogno) that contains the Illinois Fair Map Amendment proposal. The Illinois Fair Map Amendment Coalition partners, including IFB, presented testimony on the proposal. After close to three hours of testimony, the committee did not approve the measure by a vote of 5 yes and 6 no votes. IFB supported SJRCA 104.

The Senate Democrat members of the Senate Redistricting Committee did not support the proposal mainly because they do not feel the General Assembly should be removed from the map drawing process as provided for in the Illinois Fair Map Proposal. They also felt that language addressing the way federal law was included to address the Federal Rights Voting Act was sufficient and actually protected minorities as provided by the Federal law and U.S. Supreme Court case law. There were other objections covered in the testimony and questions by committee members.

This means the only way for the Illinois Fair Map Amendment language to be placed on the November 2 ballot is by voter initiative. We would like to thank those of you who circulated petitions and we are still working with the Illinois Fair Map Amendment coalition to gain the over 280,000 signatures necessary to accomplish this goal.

Citizens First Amendment - SJRCA 121 (Sen. Raoul)

The second proposal that action was taken on was the Senator Raoul's constitutional amendment proposal. SJRCA 121 (Sen. Raoul) would provide a new process for drawing Illinois General Assembly districts only. It establishes a process with four provisions for passing a redistricting plan. The process includes the passage of a map by law, by resolution for a chamber by a 3/5 vote, redistricting commission, and a final option of a special master in that respective order. The proposal removes the requirement that the districts must be compact and equal in population and replaces it with detailed language on establishing districts guaranteeing minority representation and consideration of communities of influence. The proposal also removes the requirement that Senate and House districts be "nested" (i.e. two House districts in each Senate district).

Senator Raoul's proposal was first introduced last week. Since that time Senator Raoul and his fellow Democrat Senators have conducted a whirlwind campaign to reach out to several different groups to inform them of the proposal. The Illinois Farm Bureau Legislative Redistricting Working Group (LRWG) was one of the audiences of their explanation.

The LRWG, after the presentation, met and analyzed SJRCA 121. After thorough deliberation, the LRWG recommended that IFB have "no position." The reason the LRWG recommended this position is that SJRCA 121 does contain some reforms called for in IFB Policy and the goals established in its report that the IFB Board adopted in January, but did not contain key provisions that are addressed in the Illinois Fair Map voter initiative or SJRCA 104. The LRWG felt that the organizations priority at this time was to focus our support on the Illinois Fair Map voter initiative and SJRCA 104.

The Senate Redistricting committee, after a presentation by Senator Raoul, took a vote to approve SJRCA 121. The committee approved the measure by 7 yes and 5 no votes and moved the proposal to the full Senate. We expect that the proposal will be read for a second time tomorrow and could be called for a final vote on the Senate floor as early as Wednesday.

The General Assembly has until May 2 to take action to get the issue on the November 2 general election ballot. A constitutional amendment must be read on three separate days, in its entirety, in each chamber and receive a 3/5 vote of the members elected to each chamber. No action is required by the Governor because the final decision is made by the voters. In the Senate 36 votes are required and 71 votes are required in the House. Currently there are 37 Democrat and 22 Republican members in the Senate and 69 Democrat and 28 Republicans in the House.

Detailed Analysis of SJRCA 121 (Sen. Raoul)

· De-nests the Senate and House districts. (Removes the current provisions that two House Districts be in each Senate district.)

· Districts must be equal in population.

· Districts must be drawn based on language from the Federal Voting Rights Act and case law to guarantee that racial minorities and less than voting age minorities have the equal opportunity to participate in the electoral process.

· Districts must be contiguous.

· Districts should reflect "communities of influence."

· Districts should follow municipal boundaries as practical with keeping minority and communities of influence as whole as possible.

· Does not address congressional maps (which is identical to the current Constitutional provisions).

· A detailed process for drawing new maps is established. The entire process is to occur in the year following the decennial census. The four general processes outlined run in chronological order as listed below:

Legislation Process

o The General Assembly may pass a bill with a Senate map and House map by June 3 by simple majority.

§ Each chamber will establish Redistricting Committees to consider maps for their respective chambers.

· Each committee must hold four public hearings in separate parts of the state before they draw a map to take testimony.

· When the committee approves a redistricting plan it shall hold at least one more hearing in four separate parts of the state to inform the public of the proposed maps.

§ Once the public hearings on the committee approved plan are completed, each respective chamber can consider the bill or bills with the redistricting proposal and approve them by simple majority.

§ The Governor has until June 10 to approve the bill or bills, veto the bill or bills, or if no action is taken it becomes law. If the Governor vetoes the bill or bills or amendatory vetoes the bill or bills, he must do so and return it to the chamber that originated the bill no later than June 10.

§ If a redistricting bill or bills are vetoed, the chamber that originated the legislation has until June 15 to take action. The chamber may override the veto or accept the amendatory veto. The second chamber has until June 20 to take action on the override of the veto or the acceptance of the amendatory veto.

Resolution Process

o If a legislative proposal is not passed by June 20, each chamber may draw its own districts and approve them by the chamber by a 3/5 vote. The deadline for the drawing of the individual chambers maps is July 20.

§ This process is subject to the same hearing notices as listed above. Note: it is not clear how that would work. One would assume that the chamber would have to hold four hearings before their action and then four after their action.

Redistricting Commission

o Each chamber will create a Redistricting Commission by February 1st.

§ The chambers respective commission will have ten members. Five appointed by each of the leaders in the respective chamber. Two of the five members will be state legislators and the three remaining will not be elected officials, employees of the General Assembly or political parties, not family members of General Assembly or Congressional members, or lobbyists.

§ Each commission will conduct at least 10 hearings across the state. The hearings will be held in five regions of the state.

o If by July 20 an applicable map is not approved, then the respective commission of the chamber without an approved map shall be charged with creating a redistricting plan.

o The respective commission has until August 20 to approve a map by an affirmative vote of 6 of the Redistricting Commissioners. If a map is not approved by August 20 the Special Master provision shall be implemented.

Special Master

o If by August 20 the Redistricting Commission fails to approve a redistricting plan, a Special Master shall be appointed to create the new legislative districts.

o A Special Master shall be appointed for each chamber that does not have a redistricting plan. The Special Master shall be a separate person for each chamber.

§ The Special Master shall be jointly appointed by the senior member of each political party of the Illinois Supreme Court by August 27.

§ The Special Master shall not be: an elected official or political party official, an employee of the General Assembly, Congress, or political party, a member or family member of a official of the General Assembly or Congress, or a lobbyist.

o The Special Master may take any previous map considered or take a plan from the public.

o Five public hearings must be held by the Special Master in regions established by the applicable Redistricting Commission.

o The Special Master must file a plan by October 5.

· If any plan that has been approved is invalidated in whole or in part by a court or a redistricting plan is not put in place by October 5, the General Assembly may redistrict by law.

· The Illinois Supreme Court maintains the ability to have the right to hear all cases first dealing with any redistricting plan.

Questions

If you have any questions on the items listed in this edition of QuickView or on other state legislative matters please contact us. The State Legislative Team can be reached at (309) 557-2308 or by e-mail at statelegislation@ilfb.org.