FairVote - Illinois Cumulative Voting (SJRCA 37)

Illinois Cumulative Voting Legislation (SJRCA 37)

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
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(See also HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0002; HJRCA 2)

Introduced 4/13/2005, by Sen. Richard J. Winkel, Jr.

SYNOPSIS AS INTRODUCED:

ILCON Art. IV, Sec. 1

ILCON Art. IV, Sec. 2

ILCON Art. IV, Sec. 3

Proposes to amend the Legislature Article of the Illinois Constitution. Beginning with members elected in 2008, changes the House of Representatives from a 118-member body elected from 118 districts to a 117-member body elected from 39 districts of 3 members each. Prohibits a political party from limiting its nominations to less than 3 candidates in a Representative District. Permits a voter to cast 3 votes among one, 2, or 3 candidates for Representative. Requires the Representative Districts to be redistricted in 2007 in the same manner as decennial redistricting of Legislative and Representative Districts. Effective upon being declared adopted and applies to the election of Representatives in 2008 and thereafter.

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A BILL FOR

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SENATE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE SENATE OF THE NINETY-FOURTH GENERAL

ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES

CONCURRING HEREIN, that there shall be submitted to the

electors of the State for adoption or rejection at the general

election next occurring at least 6 months after the adoption of

this resolution a proposition to amend Sections 1, 2, and 3 of

Article IV of the Illinois Constitution as follows:

ARTICLE IV

THE LEGISLATURE

(ILCON Art. IV, Sec. 1)

SECTION 1. LEGISLATURE - POWER AND STRUCTURE

The legislative power is vested in a General Assembly

consisting of a Senate and a House of Representatives, elected

by the electors from 59 Legislative Districts and 39~~118~~

Representative Districts.

(Source: Amendment adopted at general election November 4,

1980.)

(ILCON Art. IV, Sec. 2)

SECTION 2. LEGISLATIVE COMPOSITION

(a) One Senator shall be elected from each Legislative

District. Immediately following each decennial redistricting,

the General Assembly by law shall divide the Legislative

Districts as equally as possible into three groups. Senators

from one group shall be elected for terms of four years, four

years and two years; Senators from the second group, for terms

of four years, two years and four years; and Senators from the

third group, for terms of two years, four years and four years.

The Legislative Districts in each group shall be distributed

substantially equally over the State.

(b) In 2008 and every two years thereafter, three

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Representatives~~Each Legislative District shall be divided~~

~~into two Representative Districts. In 1982 and every two years~~

~~thereafter one Representative~~ shall be elected from each

Representative District for a term of two years.No political

party shall limit its nominations to less than three candidates

for Representatives in any Representative District. In

elections for Representatives, including those for nomination,

each elector may cast three votes for one candidate or

distribute them equally among no more than three candidates.

The candidates highest in votes shall be declared elected.

Assembly, a person must be a United States citizen, at least 21

years old, and for the two years preceding his election or

appointment a resident of the district which he is to

represent. In the general election following a redistricting, a

candidate for the General Assembly may be elected from any

district which contains a part of the district in which he

resided at the time of the redistricting and reelected if a

resident of the new district he represents for 18 months prior

to reelection.

(d) Within thirty days after a vacancy occurs, it shall be

filled by appointment as provided by law. If the vacancy is in

a Senatorial office with more than twenty-eight months

remaining in the term, the appointed Senator shall serve until

the next general election, at which time a Senator shall be

elected to serve for the remainder of the term. If the vacancy

is in a Representative office or in any other Senatorial

office, the appointment shall be for the remainder of the term.

An appointee to fill a vacancy shall be a member of the same

political party as the person he succeeds.

(e) No member of the General Assembly shall receive

compensation as a public officer or employee from any other

governmental entity for time during which he is in attendance

as a member of the General Assembly.

No member of the General Assembly during the term for which

he was elected or appointed shall be appointed to a public

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office which shall have been created or the compensation for

which shall have been increased by the General Assembly during

that term.

(Source: Amendment adopted at general election November 4,

1980.)

(ILCON Art. IV, Sec. 3)

SECTION 3. LEGISLATIVE REDISTRICTING

(a) Legislative Districts shall be compact, contiguous and

substantially equal in population. Representative Districts

shall be compact, contiguous, and substantially equal in

population.

(b) In 2007, the General Assembly by law shall redistrict

the Representative Districts using the 2000 Federal decennial

census. Thereafter, in the year following each Federal

decennial census year, the General Assembly by law shall

redistrict the Legislative Districts and the Representative

Districts.

If no redistricting plan becomes effective by June 30 of

that year, a Legislative Redistricting Commission shall be

constituted not later than July 10. The Commission shall

consist of eight members, no more than four of whom shall be

members of the same political party.

The Speaker and Minority Leader of the House of

Representatives shall each appoint to the Commission one

Representative and one person who is not a member of the

General Assembly. The President and Minority Leader of the

Senate shall each appoint to the Commission one Senator and one

person who is not a member of the General Assembly.

The members shall be certified to the Secretary of State by

the appointing authorities. A vacancy on the Commission shall

be filled within five days by the authority that made the

original appointment. A Chairman and Vice Chairman shall be

chosen by a majority of all members of the Commission.

Not later than August 10, the Commission shall file with

the Secretary of State a redistricting plan approved by at

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least five members.

If the Commission fails to file an approved redistricting

plan, the Supreme Court shall submit the names of two persons,

not of the same political party, to the Secretary of State not

later than September 1.

Not later than September 5, the Secretary of State publicly

shall draw by random selection the name of one of the two

persons to serve as the ninth member of the Commission.

Not later than October 5, the Commission shall file with

the Secretary of State a redistricting plan approved by at

least five members.

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.

The Supreme Court shall have original and exclusive

jurisdiction over actions concerning redistricting the House

and Senate, which shall be initiated in the name of the People

of the State by the Attorney General.

(Source: Amendment adopted at general election November 4,

1980.)

SCHEDULE

This Constitutional Amendment takes effect upon being

declared adopted in accordance with Section 7 of the Illinois

Constitutional Amendment Act and applies to the election of

Representatives in 2008 and thereafter.