With the redistricting data from the 2020 census not yet released, the Illinois General Assembly drafted and passed a state legislative redistricting plan on May 28, 2021, using population estimates derived from the Census Bureau's American Community Survey ("ACS"), which the state's Governor signed into law on June 4, 2021. On June 10, 2021, a group of Latino-American voters filed a lawsuit against the Illinois State Board of Elections, its members, and the leaders of the Illinois General Assembly, challenging the constitutionality of the enacted legislative plan. The plaintiffs allege that because the legislative plan was drawn using ACS population estimates, rather than the final 2020 census enumeration data, the plan cannot ensure that districts are substantially equal in population as mandated by the 14th Amendment's Equal Protection Clause and its one person, one vote principle. The plaintiffs are seeking a declaratory judgment that the plan violates the 14th Amendment and injunctive relief barring the defendants from implementing the plan and requiring them to draw and establish properly apportioned legislative districts as measured by the 2020 census population data when released.

On June 25, 2021, the case was reassigned to be handled by the same judge presiding over a related case, McConchie v. Ill. State Bd. of Elections.


U.S. District Court for the Northern District of Illinois, Eastern Division - No. 1:21-cv-3139