ACTION REQUESTED:
Title
Communication from the City Manager and Corporation Counsel with a Request to RECEIVE and FILE a PRESENTATION on REDISTRICTING CRITERIA.
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BACKGROUND: An overview of the initial 2020 Census data was presented at the September 28, 2021 Council Meeting and again on October 12, 2021.
At the October 12, 2021 meeting, Attorney Phil Lenzini presented an overview of the 1987 voting rights case that dictates the City’s electoral structure today. The consent decree resulting from the 1987 case requires that the City be made up of 5 single-member districts, each represented by a single council member; 5 at-large districts represented by a single council member and a mayor elected at-large. Attorney Lenzini indicated that since the issuance of the consent decree it has been modified twice, once was by the election commission shortly after the decree was issued. Five years ago, the decree was clarified as to mid-term elections for council members who resigned their seats.
Prior changes to the consent decree were largely considered gap-filling terms that were not objected to by the plaintiff’s or the court. Attorney Lenzini noted that if council were to consider amending the number of current districts, it would be a substantial change from the consent decree and may require the consent of the plaintiffs as well as an adjudication on the fairness of the proposal by the court. Attorney Lenzini cautioned that the length of time needed for a court process to approve any changes to the consent decrees’ 5-district requirement would not be amenable to the current deadlines for redistricting. Attorney Lenzini did note that if the Council wanted to look at changing the 5-district requirement, it should do so far in advance of the next census.
As presented at the September 28, 2021 meeting, the 2010 Census calculated the City’s population at 115,007. The 2020 Census calculated the City’s population at 113,150. A population of 113,150 should be distributed relatively equal among the City’s five council districts. Therefore, the target population for each district is 22,630.
Based on the new target population for each of the five Districts, the following changes are necessary to the existing council districts:
• The 1st District needs to expand by 3,938 people.
• The 2nd District needs to expand by 1,555 people.
• The 3rd District needs to expand by 1,113 people.
• The 4th District needs to contract by 1,329 people.
• The 5th District needs to contract by 5,568 people.
The law requires that the districts of a city to be nearly equal in population, and as compact and contiguous as practicable. 65 ILCS 5/3.1-20-25(a)
(65 ILCS 5/3.1-20-25) (from Ch. 24, par. 3.1-20-25)
Sec. 3.1-20-25. Redistricting a city.
(a) In the formation of wards, the number of inhabitants of the city immediately preceding the division of the city into wards shall be as nearly equal in population, and the wards shall be of as compact and contiguous territory, as practicable. Wards shall be created in a manner so that, as far as practicable, no precinct shall be divided between 2 or more wards.
This statutory requirement codifies the “one person, one vote” principles of the Equal Protection Clause of the U.S. Constitution. While the law requires the districts to be as equal, compact and contiguous as practicable, it does not requirement mathematical certainty. The U.S. Supreme Court determined that a population deviation of greater than 10% creates a presumption of discrimination and therefore must be justified on a legitimate, non-discriminatory basis. Gaffney v. Cummings, 412 U.S. 735 (1973).
In summary, the criteria that council should consider when re-districting are as follows:
1. Nearly equal population
2. Compact
3. Contiguous
4. Respect for geographical boundaries, political subdivisions or communities with actual shared interests.
5. Preservation of incumbent districts
Staff proposes the following dates for Committee as a Whole meetings to discuss and evaluate the redistricting criteria and potential maps:
January 18, 2022
February 1, 2022
February 15, 2022
March 1, 2022
March 15, 2022
March 29, 2022 (if needed)
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS: N/A
IMPACT IF APPROVED: Council will set criteria to determine redistricting criteria
IMPACT IF DENIED: Council will need to determine redistricting criteria at a later date
ALTERNATIVES: N/A
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Grow Peoria
2. Choose an item.
3. Choose an item.
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Have an efficient government.
2. Choose an item.
3. Choose an item.
DEPARTMENT: City Manager's Office