Illinois’ most prominent Republican state lawmakers have signed their names to a lawsuit challenging the state’s new legislative district maps, arguing the maps unconstitutionally and illegally rely on unofficial population estimates, rather than actual U.S. Census data, resulting in new districts that are out of balance and rob at least tens of thousands of Illinoisans of their right to equal representation in Springfield.
The lawsuit was filed on June 9 in Chicago federal court by State Sen. Dan McConchie, R-Hawthorn Woods, and State Rep. Jim Durkin, R-Western Springs. McConchie and Durkin serve as the respective leaders for the Republican caucuses in their respective chambers of the Illinois General Assembly.
The lawsuit asks for a three-judge panel from the U.S. District Court for the Northern District of Illinois to invalidate new legislative district maps recently pushed through the General Assembly by the state’s Democratic supermajority, and signed by Gov. JB Pritzker, also a Democrat.
State Sen. Dan McConchie
The lawsuit comes five days since Pritzker signed the maps into law.
The complaint further asks the court to order the creation of a new bipartisan commission to draw new maps, or, at least, appoint a so-called “Special Master” to oversee the creation of new state legislative district maps.
The complaint centers on the Democratic mapmakers’ decision to push through maps at the end of May, using five-year population estimates derived from the Census Bureau’s American Community Survey (ACS), rather than waiting on the release of official 2020 Census data, which is scheduled to arrive in mid-August.
Democrats said the maps needed to be enacted by the end of the spring legislative session, to avoid risking running afoul of an Illinois constitutional provision requiring the new maps to be issued by June 30. If maps cannot be passed by the General Assembly and signed into law by that date, the state constitution calls for the matter to fall to a special commission. The partisan majority on the commission would be decided by drawing lots, falling to chance.
In the last two redistricting sessions, in 2011 and again in 2021, Democrats controlled both the General Assembly and the governor’s office, meaning no special commission was needed and Democrats controlled the redistricting process.
While Republicans accused Democrats of drawing maps behind closed doors, strictly to increase their hold on Springfield, other groups also criticized Democrats’ mapmaking efforts this time, asserting the maps’ use of population surveys, rather than Census data, would result in flawed districts in which a number of communities and minority voters would be underrepresented.
The Republican lawsuit targets such claims, leaving out any mention of Democrats’ use of the mapmaking process to boost their partisan advantage.
They note the Census Bureau itself cautions that its ACS data is not to be used to create legislative district maps.
In the complaint, the Republican leaders pointed to computer models conducted following the 2010 Census. Maps created using ACS data from 2005-2009 resulted in unbalanced and unequal districts with “population disparities well in excess of 10%,” compared to actual Census data.
“Among a thousand computer-generated plans drawn using the 2005-2009 ACS estimates, while controlling for compactness and majority-minority districts, not a single plan had a maximum population deviation within 10% when subsequently analyzed against the 2010 census counts,” the lawsuit said. “Instead, the plans based on ACS estimates showed maximum population deviations that were generally between 23% and 55%, far beyond the constitutional limits.”
Despite such knowledge, the Republicans said the Democratic majority in Springfield pushed ahead with the mapmaking process using similar ACS estimates for 2015-2019, as well as “election data.”
The complaint asserts the use of ACS data resulted in maps that violate the “constitutional requirement of substantial population equality.”
“Because the Redistricting Plan does not contain substantially equal legislative districts, the Plan violates the ‘one person, one vote’ principle derived from the Equal Protection Clause in the Fourteenth Amendment to the Constitution,” the complaint said.
The complaint also asserts the Democrats’ plan results in districts that discriminate against “historically undercounted minority communities,” particularly Latino residents.
“The (Democratic approved map) ensures that historically undercounted minority communities will continue to be underrepresented and lose their right to an equal vote in the legislature by foregoing the official census counts in favor of the ACS estimates,” the complaint said.
The lawsuit names as defendants Speaker of the House Emanuel “Chris” Welch and State Senate President Don Harmon, as well as the Illinois State Board of Elections and its members.
McConchie and Durkin are represented in the action by attorney Charles E. Harris II, and others with the firm of Mayer Brown, of Chicago, and attorney Phillip A. Luetkehans and others with the firm of Luetkehans Brady Garner & Armstrong, of Itasca.
In a released statement, McConchie and Durkin said the lawsuit was filed to prevent maps that “undercount minority, rural and growing communities.”
“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 McConchie. “We believe this is our best option to advocate for the 75% of voters who were refused an independent process and a map created with accurate data.”
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.”