Illinois Independent Redistricting Map Amendment (2016)

Illinois Independent Redistricting Map Amendment
Election date November 8, 2016
Topic Redistricting measures
Status Not on the ballot
Type Constitutional amendment	Origin Citizens

The Independent Redistricting Map Amendment qualified for the 2016 ballot in Illinois as an initiated constitutional amendment, but it was removed from the ballot by the Illinois Supreme Court.

The Illinois Supreme Court struck the measure from the ballot, ruling it to be unconstitutional.

The measure would have created a multistage redistricting process to appoint an 11-member commission. First, the state's auditor general would have selected three people from a random pool of names to serve as a review panel. That group would have chosen seven people from a different random pool of 100 registered Illinois voters to serve on a board that would have created the map. The other four members of the 11-member commission would have been chosen by the leaders of the Illinois General Assembly.

After the public had opportunities to attend hearings and comment on the maps, the boundaries would have had to have been approved by at least seven members of the commission. At least two members of each political party and three independents would have been able to approve the map. In the event that the commission would have been unable to agree on a map, the Illinois Supreme Court chief justice and the highest-ranked justice of the other party would have selected an outside appointee to draw the boundaries.

Background

See also: Illinois Independent Redistricting Amendment (2014)

Petitioners led a similar effort in 2014 but failed to attain a referendum on the state's November ballot after Cook County Judge Mary L. Mikva ruled the proposal unconstitutional on June 27, 2014. The Illinois Independent Redistricting Amendment, also known as the Yes for Independent Maps campaign, was struck down after Mikva found that it prevented members of a similar commission from running for the General Assembly. She did add that the initiative had potential, and the independent map coalition stated it would try again in 2016.

The campaign stated that their efforts would be more successful in 2016 than they had been in the previous attempt because interest and support for the initiative increased throughout the years. They cited California as an example of a state with a successful independent redistricting commission. California petitioners failed four times before passing their version of Illinois' campaign, the Voters First Act, in 2008 with 50.7 percent of the vote.

Legal challenge

Chicago attorney Michael Kasper filed a legal challenge on May 11, 2016, arguing that the initiative was unconstitutional because it dealt with more than one subject, and was not restricted to structural and procedural subjects in Article IV of the state constitution, as required.

Independent Maps chair Dennis FitzSimmons replied to the challenge, saying, "Plain and simple, this lawsuit is a struggle for power. ... It is Illinois politicians struggling to retain the power to manipulate elections versus citizens demanding reform."

Arguments were heard in a Cook County courtroom on June 30, 2016. On July 20, 2016, a Cook County circuit judge ruled that the potential measure was unconstitutional because it would have added duties to the auditor general and two supreme court justices. These new duties, therefore, would not be within the range of "structural and procedural" changes that the Illinois Constitution requires. Further, the measure was designed to limit the state attorney general's powers in challenging the remapping of districts. Supporters appealed the ruling to the Illinois Supreme Court.

The Illinois Supreme Court struck the measure from the ballot. In a 4-3 decision on August 25, 2016, the court ruled that the citizen initiative power could not be used to change the authority and duties of the attorney general or change the manner in which redistricting maps are challenged, as the initiative would have done. The decision said that these changes were outside of the scope of the initiative power because they did not constitute procedural or structural subjects contained in Article IV of the constitution and Illinois law restrictions initiatives to such changes. Justice Thomas Kilbride said,

“

The intent demonstrated by both the plain constitutional language and this court's prior case law imposes clear restrictions on the scope of permissible ballot initiatives. ... We may not ignore our mandate by simply deferring to the redistricting approach proffered by a particular ballot proposal, no matter how appealing it may be.

”

Text of measure

Full text

The full text of the petition can be read here.

Support

Supporters

The following organizations and elected, appointed, and civic leaders were listed as supporters of the initiative:

Organizations

• Champaign County Chamber of Commerce
• Chicago Embassy Church
• Economic Development Council of Bloomington-Normal
• EmpowerMen, Inc.
• First Life Behavioral
• Galesburg Chamber of Commerce
• Grace Haitian Alliance Church
• Imagine Englewood If
• Jacksonville Chamber of Commerce
• Kenwood Oakland Community Organization
• A Knock at Midnight, NFP
• Liberation Christian Center
• Liberation Inc.
• Libertarian Party of Illinois
• McLean County Chamber of Commerce
• Pekin Area Chamber of Commerce
• Peoria Area Chamber of Commerce
• Peoria League of Women Voters
• Pontiac Chamber of Commerce
• Quad Cities Chamber of Commerce
• Reformation Lutheran Church
• Renacer Westside Community Network
• Rockford Chamber of Commerce
• SOUL (Southsiders Organized for Unity and Liberation)
• Southwest Federation Block Clubs of Greater Englewood
• Stevenson Center for Community and Economic Development
• Tazewell County League of Women Voters
• Young Leaders Alliance

Current and former elected and appointed officials

• Former Gov. Jim Edgar
• Peoria Mayor Jim Ardis
• Former U.S. Secretary of Commerce Bill Daley
• Former Lt. Gov. Sheila Simon
• State Sen. Heather Steans
• Former Lt. Gov. Corinne Wood
• Former Sen. Adlai Stevenson III
• Former State Rep. Kathleen A. Ryg
• State Sen. Darin LaHood
• Washington Mayor Gary Manier
• Former State Sen. Jack Schaffer
• Murphysboro Mayor Will Stephens

Business, civic and community leaders

• Dennis FitzSimons, Chairman of the Robert R. McCormick Foundation and a former Chairman and CEO of Tribune Company
• George A. Ranney, Former President and CEO, Metropolis Strategies and Chicago Metropolis 2020
• Cynthia Canary, Executive Director of Independent Maps campaign
• Peter Bensinger, CEO of Bensinger, DuPont & Associates
• Reverend Dr. Byron T. Brazier, Senior Pastor, Apostolic Church of God
• Lester Crown, Chairman, Henry Crown & Company
• William Daley, Managing Partner and Head of U.S. Operations, Argentiere Capital
• Ruth Greenwood, Staff Attorney, Chicago Lawyers’ Committee for Civil Rights Under Law
• Deborah Harrington, Former President, Woods Fund of Chicago
• Christie Hefner, Director, Center for American Progress Fund
• Cheryle Jackson, Vice President of Government Affairs and Corporate Development, AAR CORP
• Mary Kubasak, President, League of Women Voters of Illinois
• Charles Ashby Lewis, Chairman, Lewis-Sebring Family Foundation, and former Vice Chairman, Investment Banking, Merrill Lynch & Co.
• Brad McMillan, Executive Director, Institute for Principled Leadership in Public Service, Bradley University
• Steven N. Miller, Partner, Origin Ventures
• Sylvia Puente, Executive Director, Latino Policy Forum
• Jesse H. Ruiz, Partner, Drinker Biddle & Reath
• Manuel “Manny” Sanchez, Managing Partner, Sanchez, Daniels & Hoffman LLP
• Samuel Scott, Former Chairman, President and CEO, Corn Products International
• Gordon Segal, Founder and former CEO, Crate & Barrel
• Hon. Sheila Simon, Former Lieutenant Governor of Illinois
• Harrison I. Steans, Chairman of the Executive Committee of Financial Investments Corporation and President and CEO of the Steans Family Foundation
• Tyronne Stoudemire, Vice President, Global Diversity and Inclusion, Hyatt Corporation
• Don Thompson, Retired CEO, McDonald’s Corporation

Arguments in favor

• Tony McCombie, mayor of Savanna and Republican candidate for House District 71, said,

“

Map redistricting is going to give the voters a voice. ... Right now, the voters are being compiled in a skewed manner so their voice cannot be heard. I think ultimately that is what the map redistricting is going to do.

”

Opposition

People's Map, led by Chicago Housing Authority Chairman John Hooker, registered as a political committee with the Illinois Board of Elections on August 17, 2015, to lead a campaign against the amendment. Hooker was among plaintiffs in a court case against a similar amendment in 2014 that successfully removed the measure from that year's ballot.

Though an Independent Map Amendment spokesperson said their effort was nonpartisan, People's Map claimed that the amendment would help Republicans gain seats and that it would reduce minority representation.

Arguments against

People's Map said in a letter circulated on August 14, 2015:

“	Rather than maximizing the number of districts represented by persons of color, the proposal could dilute representation and limit opportunities for minorities to participate in the political process. The reality is that Republicans in Illinois want redistricting 'reform' because it will result in fewer Democratic districts.	”
—People's Map

Mike Madigan, speaker of the Illinois House of Representatives, said,

“

The so-called 'reforms' in Illinois will devastate the voices of minority community and minority voters. ... What's called the Independent Map Proposal has components which work against established constitutional and statutory requirements on minority representation in redistricting.

”

Media editorials

Reaction to Illinois Supreme Court ruling

• The Peoria Journal Star said:

“

What we will not have, unfortunately, is the opportunity to provide direction on a state constitutional amendment to allow an independent group to draw the political maps for the Legislature every 10 years, taking it out of the self-serving politicians' hands and thereby, fingers crossed, numbering the days of some of the most competition-killing gerrymandering in America, one of the worst denials of democracy in America, and one of the least competent, most corrupt legislatures in America. We viewed it as Illinois' last, best hope to save itself and rise from the nation's ash heap. Alas, the Illinois Supreme Court, with a 4-3 Democratic majority, was not of like mind, declaring the citizen-initiated effort unconstitutional and depriving it of a place on the ballot. That leads us to make something of an unusual — for us, unprecedented — request. ... Now we ask voters to sit out all uncontested legislative races — many already do, of course — as a collective statement of protest, on the principle that you cannot, in good conscience, participate in the sham of a democracy that Illinois has become.

”

Support

• The Chicago Tribune Editorial Board said,

“

It will dismantle the secret process through which partisan lawmakers rig the maps and replace it with one in which citizens are active participants. A fair map — produced by a diverse and independent panel, in broad daylight — will protect the interests of all voters, not just those of whichever party happens to be in power.

”

• The Peoria Journal-Star said,

“

At some point rank-and-file Illinoisans — no matter their economic class, political persuasion or ethnicity — need to wise up. The redistricting status quo isn’t working for any of them, no matter which party controls it on the luck of the draw, and it was never intended to. Illinoisans need to sign the petitions being passed to get this measure on the ballot, and then they must vote for it. Nothing is more critical to fixing an indisputably broken Illinois.

”

• Reboot Illinois said,

“

It’s time the people came first in Illinois. It’s time we all worked together to put voters back in charge. Let’s do it. Let’s say Yes! for Independent Maps.

”

• The Journal-Standard said,

“

A politician in a safe seat doesn’t have to worry about getting anything done to get re-elected and can focus on promoting an ideology rather than work on governing. That’s been obvious in Illinois, where 97 percent of incumbents win even though Illinois appears on a lot of worst-of lists. Worst pension liability. Worst credit rating. You get the picture. What are those lawmakers doing to earn their pay? If there were a chance they could lose an election, they’d probably be more inclined to fix all that’s wrong. Potential candidates know they have no chance of winning so they sit out elections. In 2014, nearly 60 percent of legislators statewide won without a challenge. The choice for most voters was no choice. Illinois has 118 state House districts and 59 Senate districts, and some of the boundaries of those districts are so warped that it appears the maps were drawn by a toddler with unlimited access to crayons. ... Fairly drawn political maps won’t cure all of Illinois’ ills, but would be a start. Let’s hope voters get a chance to cast their ballots in November for a better system.

”

• The Rockford Register Star said,

“

Illinois’ political maps are a gerrymandered mess virtually guaranteeing that incumbents win elections no matter what kind of job they’re doing. How else do you explain that 97 percent of incumbents win, even though Illinois appears at the bottom of just about every list worth reading? The ballot for the coming November election doesn't promise much change. Only 10 of 41 Senate races are contested, and only 42 of 118 House races are competitive. Savvy politicians know how to play the game. Democrat or Republican, they run in districts they know they’ll win. It’s nearly impossible for the other side to win in some areas, which forces good candidates to the sidelines. Do you think our present lawmakers are doing a good job? Do you think that going without a state budget for 10 months and counting is a good thing? If so, you must like the current system of drawing legislative districts. We don't. We think change is needed, and the Independent Maps effort is the best vehicle for that change.

”

Path to the ballot

See also: Amending the Illinois Constitution

Initiated constitutional amendments in Illinois require signatures totaling 8 percent of the total votes cast for governor in the last election. These names must be submitted six months before the general election. Also, initiated amendments in Illinois can apply only to "structural and procedural subjects" contained in Article IV of the state constitution. Once on the ballot, the amendment must receive either a supermajority vote of 60 percent of those voting on the question or a simple majority of those who cast a ballot for any office in that election.

To qualify for the 2016 ballot, petitioners were required to collect 290,216 valid signatures. Independent Maps submitted over 550,000 signatures on May 6, 2016.

On June 13, 2016, the Illinois State Board of Elections approved the submitted signatures as valid, but the Illinois Supreme Court struck the measure from the ballot. In a 4-3 decision on August 25, 2016, the court ruled that it would be unconstitutional to grant legislative mapmaking powers to an independent commission.

Legal challenge

  

Lawsuit overview
Issue: The initiative violated the state's subject restriction.
Court: Filed in Cook County Court, appealed to Illinois Supreme Court
Ruling: Both courts ruled in favor of plaintiffs, removing the measure from the ballot based on subject restriction violations.
Plaintiff(s): John Hooker, Frank Clark, Leon Finney, Elzie Higgenbottom, Raymond Chin, Fernando Grillo, Jorge Perez, and Craig Chico	Defendant(s): Illinois State Board of Elections, State Comptroller Leslie Munger, State Treasurer Michael Frerichs, Secretary of State Jesse White, Cook County Clerk David Orr, and the Board of Election Commissioners for the City of Chicago
Plaintiff argument: Plaintiffs argued that the measure was an unconstitutional use of the initiative power because it dealt with more than one subject and added new responsibilities to various officials, thereby violating the state's subject restriction.	Defendant argument: Defendants argued that redistricting was one of the few areas that the initiative power in Illinois could be used and that other details in the initiative were related to redistricting, and, therefore, did not violate the single-subject rule or the state's subject restriction.

  Source: Case No. 16 CH 6539

State profile

Demographic data for Illinois
	Illinois	U.S.
Total population:	12,839,047	316,515,021
Land area (sq mi):	55,519	3,531,905
Race and ethnicity**
White:	72.3%	73.6%
Black/African American:	14.3%	12.6%
Asian:	5%	5.1%
Native American:	0.2%	0.8%
Pacific Islander:	0%	0.2%
Two or more:	2.2%	3%
Hispanic/Latino:	16.5%	17.1%
Education
High school graduation rate:	87.9%	86.7%
College graduation rate:	32.3%	29.8%
Income
Median household income:	$57,574	$53,889
Persons below poverty level:	16.8%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Illinois. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Illinois

Illinois voted for the Democratic candidate in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, 11 are located in Illinois, accounting for 5.34 percent of the total pivot counties.

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Illinois had 11 Retained Pivot Counties, 6.08 percent of all Retained Pivot Counties.

More Illinois coverage on Ballotpedia

• Elections in Illinois
• United States congressional delegations from Illinois
• Public policy in Illinois
• Endorsers in Illinois
• Illinois fact checks
• More...

Similar measures

• Illinois Independent Redistricting Amendment (2014)
• California Proposition 11, Creation of the California Citizens Redistricting Commission Initiative (2008)

See also

Suggest a link

• 2016 ballot measures
• Illinois 2016 ballot measures
• Laws governing the initiative process in Illinois
• Redistricting
• Redistricting measures on the ballot

External links

• Independent Map Amendment website
• Illinois Board of Elections website - information about Independent Map Amendment