Rybicki v. STATE BD. OF ELECTIONS OF STATE OF ILL.

• Decision Date: 12 January 1982
• Docket Number: No. 81 C 6030,81 C 6052 and 81 C 6093.,81 C 6030
• Citation: 574 F. Supp. 1082
• Parties: Chester J. RYBICKI, et al., Plaintiffs, v. The STATE BOARD OF ELECTIONS OF the STATE OF ILLINOIS, et al., Defendants. Miguel DelVALLE, et al., Plaintiffs, v. The STATE BOARD OF ELECTIONS OF the STATE OF ILLINOIS, et al., Defendants. Bruce CROSBY, et al., Plaintiffs, v. The STATE BOARD OF ELECTIONS OF the STATE OF ILLINOIS, et al., Defendants.
• Court: U.S. District Court — Northern District of Illinois

574 F. Supp. 1082

Chester J. RYBICKI, et al., Plaintiffs, v. The STATE BOARD OF ELECTIONS OF the STATE OF ILLINOIS, et al., Defendants.

Miguel DelVALLE, et al., Plaintiffs, v. The STATE BOARD OF ELECTIONS OF the STATE OF ILLINOIS, et al., Defendants.

Bruce CROSBY, et al., Plaintiffs, v. The STATE BOARD OF ELECTIONS OF the STATE OF ILLINOIS, et al., Defendants.

Nos. 81 C 6030, 81 C 6052 and 81 C 6093.

United States District Court, N.D. Illinois, E.D.

January 12, 1982.

Kenneth J. Jurek, Douglas A. Poe, Roger W. Barrett, Mayer, Brown & Platt, Chicago, Ill., Jerris Leonard, Jerris Leonard and Assoc., Washington, D.C., for plaintiffs in No. 81 C 6030.

Virginia Martinez, Raymond G. Romero, Mexican American Legal Defense and Educational Fund, Chicago, Ill., Lizette A. Cantres, for plaintiffs in No. 81 C 6052.

Carol Moseley Braun, Thomas P. Sullivan, John A. Rupp, Jenner & Block, Richard H. Newhouse, Jr., Chicago, Ill., for plaintiffs in No. 81 C 6093.

Jeffrey D. Colman, Jenner & Block, Chicago, Ill., for plaintiffs in Nos. 81 C 6030, 81 C 6093.

Chicago Urban League, Frank L. Bixby and Joan Perry Protess, Sybille C. Fritzsche, Chicago, Ill., amicus curiae in No. 81 C 6030.

Lawrence T. Krulewich, Cook County Asst. State's Atty., Chicago, Ill., for intervenor-defendant Kusper.

Arthur C. Thorpe, Klein, Thorpe & Jenkins, Ltd., Chicago, Ill., for Village of Oak Park.

William J. Harte, Ltd., Jeffrey B. Whitt, Joseph N. Casciato, William J. Harte, Chicago, Ill., for John L. Lanigan, Michael J. Hamblet, The Legislative Redistricting Com'n, James Philip, Michael McClain, Arthur Telcser, Martin Murphy, James Donnewald, James Skelton and Robert Casey.

Tyrone C. Fahner, Atty. Gen. of Illinois, Paul P. Biebel, Jr., Asst. Atty. Gen., Chicago, Ill., for Michael J. Hamblet, James Philip, Michael McClain, Arthur Telcser and Martin Murphy.

John R. Keith, Springfield, Ill., for John L. Lanigan, Michael J. Hamblet, Teresa M. Petrone, The Legislative Redistricting Com'n, James Donnewald, James Philip, Arthur Telcser, Martin Murphy, Michael McClain, James Skelton, Robert Casey and Samuel Shapiro.

John L. Swartz, Springfield, Ill., for The Legislative Redistricting Com'n, James Donnewald, Michael McClain, Martin Murphy, James Philip, Arthur Telcser, James Skelton, Robert Casey and Samuel Shapiro.

Before CUDAHY, Circuit Judge, and GRADY and BUA, District Judges.

MEMORANDUM OPINION

RYBICKI I

CUDAHY, Circuit Judge.

In these consolidated reapportionment cases, three groups of plaintiffs challenge the validity, under the federal and Illinois constitutions and related law, of Illinois' 1981 state legislative redistricting plan (the "Commission Plan"). For the reasons set forth in this opinion, we reject the Rybicki plaintiffs' allegations, on behalf of Republican and suburban interests, of noncompactness, partisan unfairness and impermissible fracturing of counties (and other political subdivisions) and suburban communities. We accept, in part, the Crosby plaintiffs' claim, on behalf of black voters, that the Commission Plan unconstitutionally dilutes black voting strength. As a remedy for this unconstitutional dilution of the black vote, we adopt certain modifications to the Commission Plan, identified as Court Exhibits 1A, 2A, 7D and 7E (and related documents). We also approve as fair, adequate and reasonable a Settlement Agreement reached between the DelValle plaintiffs, on behalf of Hispanic voters, and the Commission defendants, and therefore approve certain further modifications to the Commission Plan, as stipulated in the Settlement Agreement.

Background

Three groups of plaintiffs in these consolidated cases challenge the redistricting plan adopted by the Illinois Legislative Redistricting Commission (the "Commission") for the election of candidates to the Illinois General Assembly.¹ Plaintiffs in Rybicki v. State Board of Elections, No. 81 C 6030, allege that the Commission Plan fails to accord suburban voters equal protection of the laws by disproportionately concentrating voting power, and therefore legislative representation, in the City of Chicago. They also allege that the plan is politically unfair, contains numerous non-compact districts and indiscriminately fractures political subdivisions. Plaintiffs in Crosby v. State Board of Elections, No. 81 C 6093, allege that the Commission Plan intentionally discriminates against black voters by diluting their voting strength and providing white voters a disproportionate opportunity to elect candidates of their choice. Plaintiffs in DelValle v. State Board of Elections, No. 81 C 6052, allege that the Commission's redistricting effort similarly dilutes the voting power of Hispanics, thereby depriving them of a reasonable opportunity to elect representatives of their choice. All three complaints charge that the Plan violates the Fourteenth and Fifteenth Amendments to the United States Constitution, 42 U.S.C. § 1973 (1976), 42 U.S.C. § 1983 (1976), and Article I, § 2 and Article IV, § 3 of the 1970 Illinois Constitution.² Jurisdiction in each case is alleged under 28 U.S.C. § 1343 (1976) and the principles of pendent jurisdiction.

Defendants in all three cases are James Edgar, the Secretary of State of Illinois, who is charged under Article IV, § 3 of the 1970 Illinois Constitution, with publication of the legislative redistricting map; the Illinois State Board of Elections and its members who, pursuant to Ill.Rev.Stats. ch. 46, § 1A-8 (1979), are primarily responsible for the administration and supervision of elections in Illinois; and the Illinois Legislative Redistricting Commission (and its Democratic members individually), which is charged pursuant to Article IV, § 3 of the 1970 Illinois Constitution with the task of promulgating a redistricting plan in the event that the legislature fails to adopt such a plan.³

On November 2, 1981, a three-judge court was convened pursuant to 28 U.S.C. § 2284(a) (1976) to hear these cases and, on November 23, all three cases were consolidated for expedited consideration. Trial was concluded on December 7, 1981, after the court had heard testimony from 25 witnesses and received into evidence more than 200 exhibits.

I. Facts

A. Procedural Background of the 1981 Legislature Redistricting in Illinois

Article IV, § 3 of the 1970 Illinois Constitution requires a redistricting of the Illinois General Assembly in the year following each federal decennial census. The Illinois Constitution provides the legislature with the first opportunity to adopt a plan that redistricts all legislative seats in the Illinois House and Senate in a manner such that an equal share of the population, under the most recent census, resides in each district.⁴ If the legislature does not adopt a plan by June 30 of the first year following the census, an eight-member Legislative Redistricting Commission must be formed. The Speaker and Minority Leader of the Illinois House and the President and Minority Leader of the Illinois Senate each appoint two members to the Commission. The Commission may not include more than four members from one political party nor more than four members who hold seats in the General Assembly. The constitution further requires that the Commission complete a plan by August 10 of the year it is convened. If the Commission fails to agree on a plan, the Illinois Supreme Court provides the Secretary of State with the names of two persons from different political parties, one of whom is chosen by lot to become the ninth member of the Commission. The Commission then has until October 5 to file a redistricting plan approved by a majority of its members.

In view of the importance of legislative history to proof of a claim of intentional discrimination,⁵ we set forth in some detail the background evidence of the redistricting efforts of both the legislature and the Commission.⁶ During the first few months of 1981, the results of the federal census were delivered to ranking Illinois legislative and executive officials.⁷ Figures in hand, the leaders of both parties immediately engaged the services of consultants to aid in both the development and political analysis of the possible redistricting plans. The political data utilized by both parties included voting results and patterns at the census tract level for a variety of legislative and state-wide races run from 1978 through 1980.

In the course of their preparations, the Democratic staff, under the direction of House Minority Leader Michael Madigan, solicited the views of all Democratic legislators. A number of black legislators told Madigan that blacks were underrepresented both in the legislature as a whole and in the party caucuses. A House Select Committee on Reapportionment also conducted public hearings to solicit the views of citizens in general. The Committee was advised at these hearings in Chicago of the desire of the black community for greater representation in the legislature.

By May, 1981, Republican legislators had created a plan which they introduced in the Illinois House. The Democrats had also succeeded in developing a plan which they submitted to the state Senate.⁸ A major impediment to passage of both plans, however, was Madigan's fear that Governor Thompson, a Republican, would exercise his amendatory veto with respect to any plan presented to him. Consequently, neither plan passed and, in July, the Legislative Redistricting Commission was formed.⁹

Before making his appointments, Madigan circulated among House Democrats a form requesting that they submit their recommendations for potential Commission appointees. Madigan stated that he had committed himself to the appointment of one member from a racial or ethnic minority. Although most of the black legislators recommended the appointment of Rep. Emil Jones, currently an Assistant Minority Leader, Madigan followed the advice of other black legislators, two of whom are plaintiffs in this case, and appointed a former...