Bill Text: IL HB3173 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Voting Rights Act of 2011. Makes changes to the requirements of redistricting. Creates new violations under the Act and remedies for those violations. Repeals current provisions relating to redistricting.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3173 Detail]

Download: Illinois-2015-HB3173-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3173 Introduced , by Rep. Mike Fortner SYNOPSIS AS INTRODUCED:
10 ILCS 120/5-1.5 new
10 ILCS 120/5-2 new
10 ILCS 120/5-3 new
10 ILCS 120/5-4 new
10 ILCS 120/5-6 new
10 ILCS 120/5-7 new
10 ILCS 120/5-8 new
10 ILCS 120/5-11 new
10 ILCS 120/5-5 rep.
Amends the Voting Rights Act of 2011. Makes changes to the requirements of redistricting. Creates new violations under the Act and remedies for those violations. Repeals current provisions relating to redistricting.
LRB099 09582 MGM 29791 b
A BILL FOR
HB3173 LRB099 09582 MGM 29791 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Voting Rights Act of 2011 is
amended by adding Sections 5-1.5, 5-2, 5-3, 5-4, 5-6, 5-7, 5-8,
and 5-11 as follows:
(10 ILCS 120/5-1.5 new)
Sec. 5-1.5. Findings and intent. The General Assembly finds
and hereby declares that the purpose of this Act is to address
ongoing vote dilution and discrimination in voting as matters
of statewide concern in order to enforce the fundamental rights
guaranteed by Sections 1 and 2 of Article I, and Section 1 of
Article III of the Illinois Constitution. This amendatory Act
of the 99th General Assembly is enacted to implement the
guarantees of Sections 1 and 2 of Article I, and of Section 1
of Article III of the Illinois Constitution.
(10 ILCS 120/5-2 new)
Sec. 5-2. Definitions. As used in this Act:
(a) "District-based elections" means a method of electing
members to the governing body of a political subdivision in
which the candidate must reside within an election district
that is a divisible part of the political subdivision and is

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elected only by voters residing within that election district.
(b) "At-large method of election" means any of the
following methods of electing members to the governing body of
a political subdivision:
(1) One in which the voters of the entire jurisdiction
elect the members to the governing body.
(2) One in which the candidates are required to reside
within given areas of the jurisdiction and the voters of
the entire jurisdiction elect the members to the governing
body.
(3) One which combines at-large elections with
district-based elections.
(c) "Political subdivision" means a geographic area of
representation created for the provision of government
services, including, but not limited to, a county, a city, a
school district, a community college district, or other
district organized pursuant to State law.
(d) "Protected group" and "protected class" under this Act
shall both mean a class of voters who are members of a race,
color, or language minority group, as this class is referenced
and defined in the federal Voting Rights Act (42 U.S.C. Sec.
1973 et seq.).
(e) "Racially-polarized voting" means voting in which
there is a difference, as defined in case law regarding
enforcement of the federal Voting Rights Act (42 U.S.C. Sec.
1973 et seq.), in the choice of candidates or other electoral

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choices that are preferred by voters in a protected class, and
in the choice of candidates and electoral choices that are
preferred by voters in the rest of the electorate. The
methodologies for estimating group voting behavior as approved
in applicable federal cases to enforce the federal Voting
Rights Act (42 U.S.C. Sec. 1973 et seq.) to establish
racially-polarized voting may be used for purposes of this
Section to prove that elections are characterized by
racially-polarized voting.
(f) To "influence the outcome of an election" means that a
protected class votes as a cohesive bloc and is sufficiently
large that a candidate cannot win an election without its
support.
(g) "Community of interest" means a community with common
needs, views, and characteristics. A community of interest can
be identified if it shares 2 or more of the following
characteristics:
(1) Socio-economic levels.
(2) Educational backgrounds.
(3) Housing patterns and living conditions (urban,
suburban, rural).
(4) Culture.
(5) Language.
(6) Employment and economic patterns.
(7) Historic communities and neighborhoods.

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(10 ILCS 120/5-3 new)
Sec. 5-3. Redistricting. Neither an at-large method of
election nor a single-member, district-based method of
election may be imposed or applied in a manner that impairs the
ability of a protected class to elect candidates of its choice
or its ability to influence the outcome of an election, as a
result of the dilution or the abridgment of the rights of
voters who are members of a protected group or class, as
defined under Section 5-2 of this Act. In creating a
redistricting plan, political subdivisions shall strive to the
extent possible to create electoral districts that preserve
communities of interest so long as preserving such communities
does not infringe on the rights of protected classes under the
federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.) and
under this Act.
(10 ILCS 120/5-4 new)
Sec. 5-4. Violations.
(a) A violation of Section 5-3 is established if it is
shown that racially-polarized voting occurs in elections for
members of the governing body of the political subdivision or
in elections incorporating other electoral choices by the
voters of the political subdivision. Elections conducted prior
to the filing of an action for a violation of Section 5-3 and
this Section are more probative to establish the existence of
racially-polarized voting than elections conducted after the

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filing of the action.
(b) The occurrence of racially-polarized voting shall be
determined from examining results of elections in which at
least one candidate is a member of a protected class or
elections involving ballot measures, or other electoral
choices that affect the rights and privileges of members of a
protected class. One circumstance that may be considered in
determining a violation of Section 5-3 and this Section is the
extent to which candidates who are members of a protected class
and who are preferred by voters of the protected class, as
determined by an analysis of voting behavior, have been elected
to the governing body of a political subdivision that is the
subject of an action based on Section 5-3 and this Section. In
multi-seat at-large election districts, where the number of
candidates who are members of a protected class is fewer than
the number of seats available, the relative group-wide support
received by candidates from members of a protected class shall
be the basis for the racial polarization analysis.
(c) The fact that members of a protected class are not
geographically compact or concentrated may not preclude a
finding of racially-polarized voting, or a violation of Section
5-3 and this Section, but may be a factor in determining an
appropriate remedy.
(d) Proof of intent on the part of the voters or elected
officials to discriminate against a protected class is not
required.

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(e) Other factors such as the history of discrimination,
the use of electoral devices or other voting practices or
procedures that may enhance the dilutive effects of at-large
elections, denial of access to those processes determining
which groups of candidates will receive financial or other
support in a given election, the extent to which members of a
protected class bear the effects of past discrimination in
areas such as education, employment, and health, which hinder
their ability to participate effectively in the political
process, and the use of overt or subtle racial appeals in
political campaigns are probative, but not necessary factors to
establish a violation of Section 5-3 and this Section.
(10 ILCS 120/5-6 new)
Sec. 5-6. Standing. An action under Sections 5-3 and 5-4
may be filed by any voter who is a member of a protected group
or class and who resides in the political subdivision where a
violation of those Sections is alleged in a State circuit court
of the county in which the electoral district or the political
subdivision is located.
(10 ILCS 120/5-7 new)
Sec. 5-7. Remedies for violations of 5-3 and 5-4.
(a) Upon a determination that there is a violation of
Sections 5-3 and 5-4, the court shall implement an appropriate
remedy or remedies. Any remedial order shall involve the

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implementation of a lawful single-member district-based
election system that includes:
(1) constitutional and effective districts in which
the minority group demonstrating a violation of Sections
5-3 and 5-4, has the opportunity to elect candidates of its
choice;
(2) if no additional such constitutional and effective
district is possible, constitutional districts in which a
coalition of groups, including the minority group
demonstrating a violation of Sections 5-3 and 5-4, has the
opportunity to elect candidates of choice;
(3) if no additional such constitutional district is
possible, constitutional districts in which the minority
group demonstrating a violation of Sections 5-3 and 5-4 is
able to exercise significant influence over election
outcomes; or
(4) if no additional such constitutional district is
possible, alternative election systems such as cumulative
voting, and rank-choice voting.
(b) Other remedies that may be implemented in addition to
those provided under paragraph (a) of this Section may include
an increase in the number of elected seats available; an
injunction of upcoming elections; and movement of elections to
take place on statewide election dates in accordance with
Section 2A of the Election Code.
(c) The court shall implement every possible additional

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remedy to which the protected group demonstrating a violation
is entitled under this Act.
(d) Any and all remedies implemented by the court must be
tailored to address the violation demonstrated, and shall be
guided by several factors, including, but not limited to:
(1) The views as to the efficacy of the protected group
demonstrating a violation.
(2) Whether the protected group is concentrated within
a geographic area.
(3) Keeping a protected group that is geographically
compact as intact as possible.
(4) Any remedy implemented does not infringe on the
rights of the protected group demonstrating the violation
or the rights of other protected groups under this Act or
under the federal Voting Rights Act (42 U.S.C. Sec. 1973 et
seq.).
(10 ILCS 120/5-8 new)
Sec. 5-8. Recovery of attorney's fees. In any action to
enforce Sections 5-3 and 5-4 the court shall allow the
prevailing party, other than the State or political subdivision
thereof, to recover reasonable attorney's fees and litigation
expenses including, but not limited to, expert witness fees and
expenses as part of the costs. Prevailing defendant parties
shall not recover any costs, unless the court finds the action
to be frivolous and wholly without merit.

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(10 ILCS 120/5-11 new)
Sec. 5-11. Nothing in this Act shall be construed, applied,
or implemented in a way that conflicts with the United States
Constitution or the Illinois Constitution. If any part of this
Act or its application to any person or circumstance is held to
be invalid by any court of competent jurisdiction, the
remainder of this Act or the application of that same part to
other persons or circumstances shall not be affected.
(10 ILCS 120/5-5 rep.)
Section 10. The Illinois Voting Rights Act of 2011 is
amended by repealing Section 5-5.