SB1040sam001 100TH GENERAL ASSEMBLY

Sen. Dale A. Righter

Filed: 3/22/2017

10000SB1040sam001 LRB100 07624 MLM 23682 a

AMENDMENT TO SENATE BILL 1040

AMENDMENT NO. ______. Amend Senate Bill 1040 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Voting Rights Act of 2011 is amended by changing Section 5-5 and by adding Section 5-15 as follows:

(10 ILCS 120/5-5)

Sec. 5-5. Redistricting.

(a) In any redistricting plan pursuant to Article IV, Section 3 of the Illinois Constitution, Legislative Districts and Representative Districts shall be drawn, subject to subsection (d) of this Section, to create crossover districts, coalition districts, or influence districts. Legislative Districts and Representative Districts shall not be drawn to discriminate against or in favor of any political party or individual. The requirements imposed by this Article are in addition and subordinate to any requirements or obligations imposed by the United States Constitution, any federal law regarding redistricting Legislative Districts or Representative Districts, including but not limited to the federal Voting Rights Act, and the Illinois Constitution.

(b) The phrase "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. The phrase "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. The phrase "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.

(c) For purposes of this Act, the phrase "racial minorities or language minorities", in either the singular or the plural, means the same class of voters who are members of a race, color, or language minority group receiving protection under the federal Voting Rights Act, 42 U.S.C. § 1973; 42 U.S.C. § 1973b(f)(2); 42 U.S.C. § 1973aa-1a(e).

(d) Nothing in this Act shall be construed, applied, or implemented in a way that imposes any requirement or obligation that conflicts with the United States Constitution, any federal law regarding redistricting Legislative Districts or Representative Districts, including but not limited to the federal Voting Rights Act, or the Illinois Constitution.

(e) In the event of a violation of this Act, the redistricting plan shall be redrawn to the least extent necessary to remedy the violation.

(Source: P.A. 96-1541, eff. 3-7-11.)

(10 ILCS 120/5-15 new)

Sec. 5-15. County board redistricting.

(a) In any redistricting plan of county board districts pursuant to the Counties Code, county board districts shall be drawn, subject to subsection (d) of this Section, to create crossover districts, coalition districts, or influence districts. County board districts shall not be drawn to discriminate against or in favor of any political party or individual. The requirements imposed by this Article are in addition and subordinate to any requirements or obligations imposed by the United States Constitution; any federal law regarding redistricting county board districts, including, but not limited to, the federal Voting Rights Act; and the Illinois Constitution.

(b) The phrase "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. The phrase "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. The phrase "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.

(c) For purposes of this Section, the phrase "racial minorities or language minorities", in either the singular or the plural, means the same class of voters who are members of a race, color, or language minority group receiving protection under the federal Voting Rights Act, 42 U.S.C. § 1973; 42 U.S.C. § 1973b(f)(2); 42 U.S.C. § 1973aa-1a(e).

(d) Nothing in this Section shall be construed, applied, or implemented in a way that imposes any requirement or obligation that conflicts with the United States Constitution; any federal law regarding redistricting county board districts, including, but not limited to, the federal Voting Rights Act; or the Illinois Constitution.

(e) In the event of a violation of this Act, the redistricting plan shall be redrawn to the least extent necessary to remedy the violation.".