SB1838 97TH GENERAL ASSEMBLY

LRB097 10187 RLJ 50377 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1838

Introduced 2/9/2011, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

10 ILCS 5/6-19.5 new
10 ILCS 5/6A-1	from Ch. 46, par. 6A-1
10 ILCS 5/6A-2	from Ch. 46, par. 6A-2
10 ILCS 5/6A-4	from Ch. 46, par. 6A-4

Amends the Election Code. Permits establishment of a county board of election commissioners, by referendum initiated by the county board, in a county that has a municipality with a municipal board of election commissioners.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 6A-1, 6A-2, and 6A-4 and by adding Section 6-19.5 as follows:

(10 ILCS 5/6-19.5 new)

Sec. 6-19.5. Rejection of Article by superseding county board of election commissioners. In addition to any other method of rejection provided in this Article, when a county board of election commissioners is established in accordance with subsection (b) of Section 6A-1 in a county in which is located any portion of a municipality with a municipal board of election commissioners, the application of the provisions of this Article to the territory of that municipality located within that county is rejected.

(10 ILCS 5/6A-1) (from Ch. 46, par. 6A-1)

Sec. 6A-1. Adoption of Article.

(a) Any county in which there is no city, village or incorporated town with a board of election commissioners may establish a county board of election commissioners either (1) by ordinance of the county board or (2) by vote of the electors of the county in accordance with subsection (a) of Section 6A-2.

The fact that some territory in a county is within the corporate limits of a city, village or incorporated town with a board of election commissioners does not prevent that county from establishing a county board of election commissioners in accordance with this Article if no portion of such city, village or incorporated town was within the county at the time of the establishment of the board of election commissioners for such city, village or incorporated town. If such a county establishes a county board of election commissioners pursuant to this Article, the county board of election commissioners shall, with respect to the territory in the county within the corporate limits of the city, village or incorporated town, supersede the board of election commissioners of that city, village or incorporated town.

(b) Any county in which a city, village, or incorporated town with a board of election commissioners is located may establish a county board of election commissioners by vote of the electors of the county in accordance with subsection (b) of Section 6A-2. If such a county establishes a county board of election commissioners, the county board of election commissioners, with respect to the territory in the county within the corporate limits of the city, village, or incorporated town, shall supersede the board of election commissioners of that city, village, or incorporated town.

(Source: P.A. 81-1433.)

(10 ILCS 5/6A-2) (from Ch. 46, par. 6A-2)

Sec. 6A-2. Submission to voters.

(a) Whenever registered voters in a the county described in subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8 of the number voting at the last preceding general election in the county, whichever is less, petition the circuit court to submit to the electors of the county a proposition to establish a county board of election commissioners, the circuit court shall cause such proposition to be submitted to the electors of the county at the next succeeding general election.

(b) After approval and certification by the county board of a county described in subsection (b) of Section 6A-2, the proposition to establish a county board of election commissioners shall be submitted to the electors of that county at the next possible general election.

(c) The proposition shall be submitted in the same manner as provided in Article 6 for the adoption of Articles 6, 14 and 18 by cities, villages and incorporated towns, except that the question shall be stated: "Shall a board of election commissioners be established for .... County?"

(Source: P.A. 78-465.)

(10 ILCS 5/6A-4) (from Ch. 46, par. 6A-4)

Sec. 6A-4. Transfer of records. Upon the opening of the office of the county board of election commissioners, the county clerk and any municipal board of election commissioners in the county shall turn over to such county board all registry books, registration record cards, poll books, tally sheets and ballot boxes and all other books, forms, blanks and stationery of every description in the clerk's or municipal board's possession his hands in any way relating to elections or the holding of elections in the county. Thereupon, all functions, powers and duties of the county clerk, or the county board, or the municipal board relating to elections in that county are transferred to the county board of election commissioners.

(Source: P.A. 78-465.)