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Exhibits for motion for judgment on the pleadings .pdf



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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
JOHN HOOKER, et al.,
Plaintiffs,
vs.

Case No.
No.16
16CH
CH 06539
Case

ILLINOIS STATE BOARD OF ELECTIONS,
et al.

Hon. Diane J. Larsen,
Judge Presiding.

Defendants,
and
SUPPORT INDEPENDENT MAPS,
Intervenor-Defendant.

EXHIBITS TO MEMORANDUM OF INTERVENOR-DEFENDANT
SUPPORT INDEPENDENT MAPS
IN SUPPORT OF ITS MOTION FOR JUDGMENT
ON THE PLEADINGS

Michele Odorizzi
John A. Janicik
Lori E. Lightfoot
Chad M. Clamage
MAYER B
ROWN LLP
MAYER
BROWN
LLP
71 South Wacker Drive
Chicago, Illinois
Illinois 60606-4637
Telephone:
(312) 782-0600
Telephone: (312)
(312) 701-7711
Facsimile: (312)
Firm I.D. No. 43948
Dated: June 3, 2016

TABLE OF CONTENTS
Exhibit

A
Constitution of the State of Illinois, Article XIV, Section 33..............................................................A
B
May 23, 2016 Illinois State Board of Elections Signature Verification ............................................B
Clark v. Illinois State Board of Elections, No. 14 CH 07356 (June 27, 2014)
2014)..................................C
C
Robert M. Rogers, Illinois Redistricting History Since 1970, Illinois General Assembly
Research Response, File 11-079 (May 28, 2008),
D
http://www.ilga.gov/commission/lru/28.RedistrictingSince1970.pdf ...................................D
Sixth Illinois Constitutional
Legislative Committee Proposal re:
Constitutional Convention:
Convention: Legislative
Constitutional Initiative for Legislative Article.....................................................................E
E
Article
Sixth Illinois Constitutional
Constitutional Convention
Convention Debate
Debate Transcripts:
Transcripts: Debate re: Article XIV of
F
the Constitution of the State of Illinois ..................................................................................F

Exhibit A

Constitution of the State of Illinois
ARTICLE XIV
CONSTITUTIONAL REVISION

SECTION 3. CONSTITUTIONAL INITIATIVE FOR LEGISLATIVE ARTICLE
Amendments to Article IV of this Constitution may be proposed by a petition signed
by a number of electors equal in number to at least eight percent of the total votes cast for
candidates for Governor in the preceding gubernatorial election. Amendments shall be limited to
structural and procedural subjects contained in Article IV. A petition shall contain the text of the
proposed amendment and the date of the general election at which the proposed amendment is to
be submitted, shall have been signed by the petitioning electors not more than twenty-four
months preceding that general election and shall be filed with the Secretary of State at least six
months before that general election. The procedure for determining the validity and sufficiency
of a petition shall be provided by law. If the petition is valid and sufficient, the proposed
amendment shall be submitted to the electors at that general election and shall become effective
if approved by either three-fifths of those voting on the amendment or a majority of those voting
in the election.
(Source: Illinois Constitution.)

Exhibit B

Illinois
of Elections
Elections
Illinois State
State Board
Board of
Support
Support Independent
Independent Maps
Maps // May
May 2016
2016
Estimate of
of the
Number of
of Unique,
Unique, Valid
Valid Signatures
Signatures
Estimate
the Number
5%
Sample
5% Sample
May 23,
May
23, 2016
2016

The population
population consists
consists of
of all
all lines
lines on
on the
the petition
The
petition pages
pages that
that contain
contain a
a signature.
signature.
The sample
sample is
is a
a random
random sample
sample without
The
without replacement.
replacement.

Population:
Population:

563,974
563,974

Number of lines sampled:

28,199
28,199

Valid signatures
signatures sampled:
sampled:
Valid

20,518
20,518

Sample valid ratio:

0.7276144544

Point estimate:
estimate:
Point

382,355
382,355

Standard error:
error:
Standard

4,098.6025370500
4,098.6025370500

Maximum unique valid signatures (99.9% confidence level):

395,021

Minimum unique valid signatures (95% confidence level):

375,613

Unique, valid signatures required:

290,216

The minimum
minimum estimate
estimate is
is greater
greater than
than or
or equal
equal to
to the
the number
number of
The
of valid
valid
signatures required.
signatures
required.

Exhibit C

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
FRANK CLARK, President and Chairman
of the Business Leadership Council, et al.,
No. 14 CH 07356

Plaintiffs,
v.

Judge Mary L. Mikva

ILLINOIS STATE BOARD OF ELECTIONS,
et al.,

Calendar 6
AR LA 1 MIKVA.1890

Defendants.

JUN 2 7 2014
ORDER AND OPINION

DOROTHY BROWN
CLERK OF THE CIRCUIT COURT
OF COOK COUNTY, IL
DEPUTY CLERK

Plaintiffs are proceeding, with leave of court, as private taxpayers seeking to enjoin the
expenditure of the public funds needed to place on the November 2014 ballot two initiatives
proposing amendments to Article IV of the Illinois Constitution of 1970. See 735 ILCS 5/11-301,
11-303. One of the initiatives, the "Term Limits Initiative," proposes amendments to Sections 1,
2, and 9 of Article IV. The other initiative, the "Redistricting Initiative," proposes to amend
Section 3 of Article IV. Plaintiffs allege that both initiatives are unconstitutional and request
declaratory and injunctive relief. The Committee for Legislative Reform and Term Limits
("Term Limits Committee") and Yes for Independent Maps intervened, with leave of Court, to
defend these initiatives. Intervenor-Defendants, both well represented by talented lawyers, have
strong feelings on the wisdom and desirability of the initiatives, but recognize that those merits
are not currently at issue. The sole question before this court is whether these initiatives meet the
constitutional requirements for placing a proposed amendment to the Illinois Constitution on the
November 4, 2014 General Election ballot.
Plaintiffs, the Term Limits Committee, and Yes for Independent Maps each filed a
Motion for Judgment on the Pleadings. Judgment on the pleadings is proper when the pleadings
disclose no genuine issue of material fact and the movant is entitled to judgment as a matter of
law. 735 ILCS 5/2-615(e); Pekin Ins. Co. v. Wilson, 237 Ill. 2d 446, 455 (2010). The
constitutionality of these two initiatives is a legal question appropriate for determination based
on the pleadings. For the reasons that follow, Plaintiffs' Motion is GRANTED and IntervenorDefendants' Motions are DENIED.
1

Background
The text of both proposed initiatives are appended to this Order. As stated in its
"Explanation of Amendment," the Term Limits Initiative seeks:
(1) to establish term limits for members of the General Assembly, (2) to require a
two-thirds vote in each chamber of the General Assembly to override the
Governor's veto of legislation, (3) to abolish two-year senatorial terms, (4) to
change the House of Representatives from 118 representatives to 123
representatives, (5) to change the Senate from 59 senators to 41 senators, and (6)
to divide legislative (senatorial) districts into three representative districts rather
than two.
These changes would amend Article IV, §§ 1, 2, 9.
The Redistricting Initiative proposes significant changes to Article IV, § 3. The current
"Legislative Redistricting" section provides that the General Assembly will redistrict the
Legislative Districts and Representative Districts after the decennial census. If the General
Assembly fails to adopt a plan, it must appoint an eight-member Legislative Redistricting
Commission. If deadlocked, a ninth member is appointed by random selection. Section 3 requires
that the Legislative and Representative Districts be "compact, contiguous and substantially equal
in population." The Illinois Supreme Court has original jurisdiction over actions concerning
redistricting plans and the Attorney General is charged with initiating such actions.
The proposed Redistricting Initiative begins the redistricting plan with an Independent
Redistricting Commission. The initiative creates an Applicant Review Panel to facilitate the
selection of the eleven Commissioners on the Independent Redistricting Commission. If the
Commission fails to enact a plan, a Special Commissioner will be appointed by the Chief Justice
of the Illinois Supreme Court and the most senior Justice of the Court who is not affiliated with
the same political party as the Chief Justice. The Redistricting Initiative includes qualifications
for those who serve on the Applicant Review Panel and the Commission or as Special
Commissioner. These include a prohibition on serving as a Senator, Representative, Officer of
the Executive Branch, Judge, or any state office subject to confirmation by the Senate for ten
years after service as a Commissioner or Special Commissioner. The Redistricting Initiative
contains additional criteria for Legislative Districts, including not diluting the political power of
racial minorities, respecting geographic integrity of units of local government and communities,
and not purposefully favoring either political party. The Redistricting Initiative also provides the
Commission with resources to defend any plan it adopts.
2


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