Getting to the Bottom of Redistricting Rules
Illinois’ 3rd Congressional District, which stretches from nearly downtown Chicago to the deep southwest suburbs. (Photo: WTTW)
OPINION
It seems you could fill the miles between Chicago and Cairo with the differences in opinion between Republicans and Democrats in the rules, laws, constitutionality, and standards for drawing new legislative maps.
While it’s nothing new that Democrats and Republicans disagree, the delay in formal census data is causing a ruckus during the mapmaking process. Census data, which would usually be in the hands of legislators by now, has been delayed until at least August. Blame the pandemic or the effectiveness of the Trump administration’s Commerce Department, it is what it is, as the kids say.
If you’re hearing the rhetoric and unsure of what it all means, let me boil it down for you. Democrats see a June 30 date in the constitution to pass new maps, and they’re going to do everything in the world they can, with whatever data they can, to pass the maps before the legislature adjourns at the end of May. Republicans think the June 30 target in the constitution is little more than a suggestion, and they want to wait for full census date, which, coincidentally, gives the GOP a better chance to be at the table to draw the map.
So, let’s start with the idea of the constitutional “deadline.” Here’s exactly what you find in the state constitution regarding redistricting:
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.
It is quite obvious that Democrats and their lawyers view the line “if no redistricting plan becomes effective by June 30” as a mandate, as a deadline they’re required to meet.
It’s the next line, a “Legislative Redistricting Commission,” that Republicans view as the next step in the process. It’s been used before, 2001 was the last time. But we’ve never been in a situation like this one, where census data is not just a few days late, but months late.
That leads to the question if Democrats are allowed to use data other than official census data to draw maps. Democrats obviously believe case law is on their side, or they wouldn’t be moving so confidently in a way that Republicans will obviously challenge in court.
If you look through state law, you don’t find anything that specifically says “the legislature must use census data to draw the maps.” But there are dozens of references to the federal decennial census about data and information used for boards, commissions, precinct maps, and county issues.
That includes the “public hearings” the legislature is currently holding that state law says shouldn’t be held until the state has federal census data.
After the receipt of the federal decennial census data from the federal government, each committee or joint committee must conduct at least 4 public hearings statewide to receive testimony and inform the public on the applicable existing Districts, with one hearing held in each of 4 distinct geographic regions of the State determined by the respective committee.
So, one could argue House and Senate Democrats are already violating state law with the way they’re conducting the process. But does that make the maps illegal? Surely not. But, clearly, state law seems to imply, at least to a dummy like me, that official federal census data is the baseline information used in the redistricting process.
Don’t be surprised to see lots of court action surrounding the redistricting process. A group (or Republicans) could ask a judge to stop passage of a map. Or, if a map is passed and signed into law by the Governor before June 30 and without census data, you had better believe the constitutionality of the maps will be challenged.
And, don’t forget, Democrats still hold a 5-4 majority on the State Supreme Court.
Stay tuned.
