Hooker v. Ill. State Bd. of Elections
| Decision Date | 12 September 2016 |
| Docket Number | No. 121077.,121077. |
| Citation | 63 N.E.3d 824,407 Ill.Dec. 392 |
| Parties | John HOOKER et al., Appellees, v. ILLINOIS STATE BOARD OF ELECTIONS et al. (Support Independent Maps, Appellant). |
| Court | Illinois Supreme Court |
Michele Odorizzi, John A. Janicik, Lori E. Lightfoot, and Chad M. Clamage, all of Mayer Brown LLP, of Chicago, for appellant.
Robert T. Shannon and Adam R. Vaught, both of Hinshaw & Culbertson LLP, and Richard J. Prendergast and Michael T. Layden, both of Richard J. Prendergast, Ltd., and Michael J. Kasper, of Chicago, and Eric M. Madiar, of Springfield, for appellees.
Constantine L. Trela, Jr., Tacy F. Flint, and Neil H. Conrad, all of Sidley Austin LLP, of Chicago, for amici curiae League of Women Voters of Illinois et al.
Ruth Greenwood and Annabelle Harless, both of Campaign Legal Center, of Chicago, for amici curiae Illinois Public Interest Research Group et al.
¶ 1 This case addresses the question of whether the circuit court erroneously held that the redistricting initiative petition submitted by Support Independent Maps (Independent Maps) failed to comply with the requirements of article XIV, section 3, of our constitution (Ill Const. 1970, art. XIV, § 3 ), thus precluding its inclusion on the ballot at the November 8, 2016, Illinois general election. On the grounds that the public interest requires a timely resolution of this matter, we granted Independent Maps' emergency motion to transfer the appeal from the appellate court. See Ill. S. Ct. Rule 302(b) (eff. Oct. 4, 2011). This court ordered expedited briefing that has now been completed. We also granted a group of business, consumer, and public interest organizations led by the League of Women Voters leave to file an amicus curiae brief in support of Independent Maps pursuant to Supreme Court Rule 345 ). Reviewing the merits of the appeal before us, we now affirm the judgment of the circuit court.
¶ 3 The Illinois Constitution of 1970 may be amended by three methods: (1) constitutional convention ( Ill. Const. 1970, art. XIV, § 1 ); (2) “[a]mendments by General Assembly” (Ill. Const. 1970, art. XIV, § 2 ); and (3) ballot initiatives (Ill. Const. 1970, art. XIV, § 3 ). Ballot initiatives, the method at issue here, may only be used for amendments directed at “structural and procedural subjects contained in Article IV” of the constitution (Ill. Const. 1970, art. XIV, § 3 ; Ill. Const. 1970, art. IV), pertaining to Illinois's legislative branch. The ballot initiative at issue addresses redistricting, the process used to redraw the legislative and representative districts following each federal decennial census (Ill. Const. 1970, art. IV, § 3 ).
¶ 4 In May 2016, Independent Maps filed with the Secretary of State a petition proposing the amendment of article IV, section 3, of the constitution, to replace the current system for redrawing Illinois's legislative and representative districts. That section currently provides:
¶ 5 Since the adoption of the 1970 Constitution, the General Assembly has agreed on a districting plan without resort to the backup provisions only once, after the most recent federal census. Pub. Act 97–6 (eff. June 3, 2011). Following each of the other four decennial censuses, the formation of a redistricting commission has been necessary. People ex rel. Scott v. Grivetti, 50 Ill.2d 156, 277 N.E.2d 881 (1971) ; Schrage v. State Board of Elections, 88 Ill.2d 87, 58 Ill.Dec. 451, 430 N.E.2d 483 (1981) ; People ex rel. Burris v. Ryan, 147 Ill.2d 270, 167 Ill.Dec. 893, 588 N.E.2d 1023 (1992) ; Cole–Randazzo v. Ryan, 198 Ill.2d 233, 260 Ill.Dec. 826, 762 N.E.2d 485 (2001) ; Beaubien v. Ryan, 198 Ill.2d 294, 260 Ill.Dec. 842, 762 N.E.2d 501 (2001).1 In three out of those four occasions, the commission has deadlocked, triggering the selection of an additional member to break the tie through the drawing of lots. See Schrage, 88 Ill.2d at 92, 58 Ill.Dec. 451, 430 N.E.2d 483 ; Burris, 147 Ill.2d at 277, 167 Ill.Dec. 893, 588 N.E.2d 1023 (1991) ; Beaubien, 198 Ill.2d at 299, 260 Ill.Dec. 842, 762 N.E.2d 501. While that process has been criticized, it has withstood federal constitutional challenge in the federal courts (Winters v. Illinois State Board of Elections, 197 F.Supp.2d 1110 (2001), aff'd, 535 U.S. 967, 122 S.Ct. 1433, ––– L.Ed.2d –––– (2002) ).
¶ 6 To replace the current system, Independent Maps' proposed amendment to article IV, section 3, would substitute an entirely new section 3 that fundamentally restructures the redistricting process. The General Assembly's role would be eliminated from the process, with primary responsibility for drawing legislative and representative districts falling to a new “Independent Redistricting Commission.” Commission members would be selected through a process involving limited legislative input. Specifically, the provision proposed by Independent Maps provides:
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