In a surprise to few, House Republican Leader Jim Durkin (R-Western Springs) and Senate Republican Leader Dan McConchie (R-Hawthorn Woods) filed suit in federal court Wednesday asking the court to throw out a Democrat-drawn redistricting plan.

From the GOP announcement:

“Today’s filing should come as no surprise to Illinoisans. The partisan process upon which the legislative maps were drawn flies in the face of the strong recommendations made by countless advocacy groups and citizens who testified at the redistricting hearings,” Leader Durkin said. “The tone deaf Democratic party of Illinois has robbed citizens of a fair and transparent legislative map-making process, and I plan to be a conduit for Illinois citizens who demand honesty by ensuring they also have their day in court.”

The lawsuit argues that the use of American Community Survey (ACS) estimates violates the federal law, including well established “one-person, one-vote” principles under the U.S. Constitution. More than 50 good government and community advocacy organizations and leaders implored the General Assembly to wait for the release of official census counts, which are expected by August 16, 2021. The use of ACS estimates will undercount minority, rural and growing communities and will result in a population disparity between districts that exceeds what federal law allows. Even the U.S. Census Bureau has said that ACS estimates are not appropriate for drawing legislative boundaries.

“Today we are entering court on behalf of the thousands of families, small business owners, workers, and taxpayers who said they wanted an independently drawn map, not the one handed down by political insiders desperately clinging to power,” said Illinois Senate Republican Leader Dan McConchie (R-Hawthorn Woods). “We believe this is our best option to advocate for the 75 percent of voters who were refused an independent process and a map created with accurate data. More than 50 independent groups asked the legislature not to use American Community Survey sampling estimates, and instead wait for the actual Census counts to be released, but the politicians in power ignored them. ACS estimates have never before been used for redistricting in Illinois, and we plan to challenge the legitimacy of these maps to the fullest extent of the law.”

The lawsuit requests that the court declare the Democrats’ plan to be unconstitutional, invalid, and void ab initio. The lawsuit also requests that the court direct Speaker Welch and President Harmon to make their appointments to the Illinois Legislative Redistricting Commission as required by the Illinois Constitution. That commission has been used in every redistricting cycle but one since the constitution’s adoption in 1970. Leaders Durkin and McConchie will make their appointments soon and have pledged to work with those commissioners and the Democratic Leaders to adopt a transparent, bipartisan and independent process for drawing and approving a legislative map after the release of official census data in August.

Typically, state court would have jurisdiction over a piece of state law, but sources tell The Illinoize that because Democrats used population estimates in the American Community Survey, they violated the “one person, one vote” principle of the U.S. Constitution, as well as the equal protection clause of the 14th Amendment.

Republicans also likely believe they have a better chance of victory in federal court. The Illinois Supreme Court has a Democratic majority, while conservatives have a majority on the U.S. Supreme Court.

Democratic attorneys have repeatedly told The Illinoize in recent months that they believe case law exists to allow the court to uphold maps drawn with ACS data.

Democrat lawmakers were dismissive of the GOP effort. In a statement, Senate Redistricting Committee Chair and Vice Chair Sen. Omar Aquino (D-Chicago) and Sen. Elgie Sims (D-Chicago) said they were disappointed, but not surprised by the move.

“It is disappointing but not surprising Republicans would seek to strike down these new maps, which reflect the great racial and geographic diversity of our state,” they said. “Throughout this process, they have done nothing but delay and obstruct efforts to ensure our communities are fairly represented, as seen by their refusal to even draft their own proposals. We stand by our work to ensure everyone has a voice in state government.”

House Redistricting Chair Rep. Lisa Hernandez (D-Cicero) called the effort a “waste of taxpayer dollars.”

"As expected, the Republicans are doing everything in their power to block a map that reflects the true diversity of Illinois in hopes that they get a chance to single handedly draw a map for their political gain," said Hernandez in a statement. "Republicans in the House have done nothing but attempt to obstruct this citizen-driven process. They've staged charades for the media while spending well over $500,000 of taxpayer money out of their redistricting budget, but couldn't even bother to submit their own proposals to be considered. This is just another disappointing waste of taxpayer dollars, but not at all surprising. We have full confidence in the maps passed by the legislature and signed by Governor Pritzker, and we will continue to review this lawsuit."

The full lawsuit can be read here.

Patrick Pfingsten

@pfingsten1 patrick@theillinoize.com