Full Text of SB1592 100th General Assembly
SB1592 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1592 Introduced 2/9/2017, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/6-19.5 | | 10 ILCS 5/Art. 6B heading new | | 10 ILCS 5/6B-1 new | | 10 ILCS 5/6B-5 new | | 10 ILCS 5/6B-10 new | | 10 ILCS 5/6B-15 new | | 10 ILCS 5/6B-20 new | | 10 ILCS 5/6B-25 new | | 10 ILCS 5/6B-30 new | | 10 ILCS 5/6B-35 new | | 10 ILCS 5/6B-40 new | | 10 ILCS 5/6B-45 new | | 10 ILCS 5/6B-50 new | | 10 ILCS 5/6B-55 new | | 10 ILCS 5/6B-60 new | | 10 ILCS 5/6B-65 new | | 10 ILCS 5/6B-70 new | |
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Amends the Elections Code. Allows counties to create a board of election commissioners within the office of the county clerk. Sets forth procedures for adoption, compensation, effect, transfer of records, procurement of supplies, references, personnel, and legal representation. Creates a county director of elections. Requires certain meetings of the board. Requires retention of records and audits. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing Section | 5 | | 6-19.5 and by adding Article 6B as follows: | 6 | | (10 ILCS 5/6-19.5) | 7 | | Sec. 6-19.5. Rejection of Article by superseding county | 8 | | board of election commissioners. In addition to any other | 9 | | method of rejection provided in this Article, when a county | 10 | | board of election commissioners is established in accordance | 11 | | with subsection (c) of Section 6A-1 , or when a county board of | 12 | | election commissioners within the office of the county clerk is | 13 | | established in accordance with Article 6B, in a county in which | 14 | | is located any portion of a municipality with a municipal board | 15 | | of election commissioners, the application of the provisions of | 16 | | this Article to the territory of that municipality located | 17 | | within that county is rejected.
| 18 | | (Source: P.A. 98-115, eff. 7-29-13.) | 19 | | (10 ILCS 5/Art. 6B heading new) | 20 | | ARTICLE 6B. COUNTY BOARD OF ELECTION COMMISSIONERS WITHIN THE | 21 | | OFFICE OF THE COUNTY CLERK |
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| 1 | | (10 ILCS 5/6B-1 new) | 2 | | Sec. 6B-1. Adoption of this Article. | 3 | | (a) Any county may adopt this Article and establish a | 4 | | county board of election commissioners within the office of the | 5 | | county clerk by (1) ordinance of the county board and with the | 6 | | approval of the county clerk, or (2) by vote of the electors of | 7 | | the county. | 8 | | (b) When a county board of election commissioners within | 9 | | the office of the county clerk is established in accordance | 10 | | with this Section in a county in which is located any portion | 11 | | of a municipality with a municipal board of election | 12 | | commissioners, the application of the provisions of Article 6 | 13 | | of this Code to the territory of that municipality located | 14 | | within that county is rejected. | 15 | | (c) When a county board of election commissioners within | 16 | | the office of the county clerk is established in accordance | 17 | | with this Section in a county that has previously adopted | 18 | | Article 6A of this Code, the application of the provisions of | 19 | | Article 6A to that county is rejected. | 20 | | (10 ILCS 5/6B-5 new) | 21 | | Sec. 6B-5. County board of election commissioners within | 22 | | the office of the county clerk. | 23 | | (a) A county board of election commissioners within the | 24 | | office of the county clerk shall consist of 5 commissioners. | 25 | | The county clerk shall serve ex-officio as an election |
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| 1 | | commissioner, with vote, and as chairman of the county board of | 2 | | election commissioners. | 3 | | (b) The chairman of the county board shall appoint, with | 4 | | the advice and consent of the county board, 4 commissioners | 5 | | from among the 2 leading established political parties of the | 6 | | State, with at least 2 commissioners from each of those | 7 | | parties. Two of the commissioners first appointed shall hold | 8 | | their offices until June 1 of the next odd-numbered year and | 9 | | the remaining 2 commissioners shall hold their offices until | 10 | | June 1 of the next following odd-numbered year and until their | 11 | | successors have been appointed and qualified. Thereafter the | 12 | | commissioners and their successors shall be appointed for | 13 | | 4-year terms such that not more than one commissioner from each | 14 | | leading political party may be designated for the same term. | 15 | | (c) The county clerk shall give written notice to the | 16 | | chairman of the county board and the chairman of the county | 17 | | central committee of each leading political party (i) within 3 | 18 | | days of any vacancy in the office of election commissioner and | 19 | | (ii) 60 days prior to the expiration of an election | 20 | | commissioner's term of office as set forth in subsection (b) of | 21 | | this Section. The notice shall reflect the name of each | 22 | | commissioner who has resigned or whose term is expiring and the | 23 | | commissioner's political affiliation. Prior to his appointment | 24 | | of commissioners under this Section, the chairman of the county | 25 | | board shall consult with elected officials who are members of | 26 | | the respective leading political parties and seek their |
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| 1 | | recommendation as to prospective commissioners. | 2 | | (d) No appointed election commissioner may hold, accept, or | 3 | | seek election or appointment to any other public or political | 4 | | office during the term to which he or she was appointed an | 5 | | election commissioner. | 6 | | (e) Each appointed election commissioner, before taking | 7 | | his or her seat on the board, shall take an oath of office, | 8 | | which in substance shall be in the following form: | 9 | | "I, .... do solemnly swear, (or affirm) that I am a citizen | 10 | | of the United States, and that I am a legal voter and resident | 11 | | of the County of .... That I will support the Constitution of | 12 | | the United States and of the State of Illinois, and the laws | 13 | | passed in pursuance thereof, to the best of my ability, and | 14 | | will faithfully and honestly discharge the duties of the office | 15 | | of election commissioner." | 16 | | The oath, when subscribed and sworn to, shall be filed in | 17 | | the office of the county clerk of the county and be there | 18 | | preserved. Such appointed election commissioner shall also, | 19 | | before taking such oath, give an official bond in the sum of | 20 | | $10,000.00 with two securities, to be approved by the county | 21 | | clerk, conditioned for the faithful and honest performance of | 22 | | his or her duties and the preservation of the property of his | 23 | | or her office. | 24 | | (10 ILCS 5/6B-10 new) | 25 | | Sec. 6B-10. Compensation of appointed election |
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| 1 | | commissioners. The county board shall determine the | 2 | | compensation of the election commissioners other than the | 3 | | county clerk, who shall receive no additional compensation for | 4 | | his service as chairman or as a member of the board of election | 5 | | commissioners. The county board may, by ordinance, provide for | 6 | | an annual salary for the election commissioners other than the | 7 | | county clerk or authorize payment on a per diem or per meeting | 8 | | basis. The county board shall not alter the manner or the | 9 | | amount of compensation of an election commissioner to take | 10 | | effect during an election commissioner's present term of | 11 | | office. The provisions of the Local Government Officer | 12 | | Compensation Act shall not apply to the compensation appointed | 13 | | election commissioners. | 14 | | (10 ILCS 5/6B-15 new) | 15 | | Sec. 6B-15. Superseding effect. The fact that some | 16 | | territory in a county is within the corporate limits of a city, | 17 | | village, or incorporated town with a board of election | 18 | | commissioners does not prevent that county from establishing a | 19 | | county board of election commissioners in accordance with this | 20 | | Article. If such a county establishes a county board of | 21 | | election commissioners within the office of the county clerk | 22 | | pursuant to this Article, the county board of election | 23 | | commissioners within the office of the county clerk shall, with | 24 | | respect to the territory in the county within the corporate | 25 | | limits of the city, village, or incorporated town, supersede |
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| 1 | | the board of election commissioners of that city, village, or | 2 | | incorporated town. | 3 | | (10 ILCS 5/6B-20 new) | 4 | | Sec. 6B-20. Transfer of records. Upon a county's adoption | 5 | | of this Article, an existing county board of election | 6 | | commissioners established under Article 6A of this Code and any | 7 | | municipal board of election commissioners in the county shall | 8 | | turn over to the new county board of election commissioners all | 9 | | registry books, registration record cards, poll books, tally | 10 | | sheets and ballot boxes, and all other books, forms, blanks, | 11 | | and stationery of every description in the former commissions' | 12 | | possession in any way relating to elections or the holding of | 13 | | elections in the county and any unused appropriations related | 14 | | to elections or the holding of elections in the county. | 15 | | Thereupon, all functions, powers, and duties of the county | 16 | | clerk, the county board, or board of election commissioners | 17 | | relating to elections in that county are transferred to the | 18 | | county board of election commissioners within the office county | 19 | | clerk. | 20 | | (10 ILCS 5/6B-25 new) | 21 | | Sec. 6B-25. County director of elections. The chairman of | 22 | | the board of election commissioners within the office of the | 23 | | county clerk shall have the right to employ a county director | 24 | | of elections who shall have charge of the office of said board |
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| 1 | | and who shall be present and in attendance at all proper | 2 | | business hours. The director shall take an oath of office to | 3 | | the effect that he or she will honestly and faithfully perform | 4 | | all the duties of the office, under the direction of the | 5 | | chairman of the board, which shall be preserved in the same | 6 | | way, and he shall be under the direction of the chairman of | 7 | | board, and he or she shall have the right to administer all | 8 | | oaths required under this Code to be administered by the | 9 | | commissioners. | 10 | | (10 ILCS 5/6B-30 new) | 11 | | Sec. 6B-30. Procurement of election supplies, equipment, | 12 | | and services. | 13 | | (a) A county board of election commissioners within the | 14 | | office of the county clerk shall procure all election supplies, | 15 | | equipment, and services, other than professional services, | 16 | | necessary to perform the election-related duties imposed on it | 17 | | under Articles 6, 14, and 18 of this Code in accordance with | 18 | | the centralized purchasing procedures established by the | 19 | | county board of the county. Any procurements shall be | 20 | | authorized by the board of election commissioners within the | 21 | | office of the county clerk, rather than by the county board, | 22 | | subject to appropriation, and in the manner Section 5-1022 of | 23 | | the Counties Code authorizes county boards to make these | 24 | | purchases. | 25 | | (b) A county board of election commissioners within the |
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| 1 | | office of the county clerk may determine the method by which it | 2 | | procures election-related professional services subject to | 3 | | appropriation consistent with the requirements of law and | 4 | | county ordinance. | 5 | | (c) The provisions of the Local Government Prompt Payment | 6 | | Act apply to all procurements of election supplies, equipment, | 7 | | and services as set forth in this Section. | 8 | | (10 ILCS 5/6B-35 new) | 9 | | Sec. 6B-35. Applicability of Articles 6, 14, and 18. The | 10 | | provisions of Articles 6, 14, and 18 of this Act, other than | 11 | | Section 6-70, relating to boards of election commissioners in | 12 | | cities, villages, and incorporated towns shall, insofar as they | 13 | | can be made applicable, apply to and govern county boards of | 14 | | election commissioners within the office of the county clerk | 15 | | established pursuant to this Article. Whenever Article 6 | 16 | | requires an act of the commissioners to be accompanied by the | 17 | | advice, consent, or approval of the circuit court, the act by a | 18 | | county board of election commissioners within the office of the | 19 | | county clerk shall be accompanied by the advice, consent, or | 20 | | approval of the county clerk. | 21 | | A deputy registrar serving as such by virtue of his status | 22 | | as a municipal clerk, or a duly authorized deputy of a | 23 | | municipal clerk, of a municipality the territory of which lies | 24 | | in more than one county, where one such county is governed by a | 25 | | county board of election commissioners within the office of the |
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| 1 | | county clerk established pursuant to this Article, may accept | 2 | | the registration of any qualified resident of the municipality, | 3 | | regardless of which county the resident, municipal clerk or the | 4 | | duly authorized deputy of the municipal clerk lives in. | 5 | | (10 ILCS 5/6B-40 new) | 6 | | Sec. 6B-40. References to county clerk. Any references in | 7 | | this Code to the county clerk, other than as described in this | 8 | | Article, or the county board with respect to the registration | 9 | | of voters, filing of petitions, certification of candidates, | 10 | | preparation of ballots, establishment of election precincts, | 11 | | designation of polling places, or any other matter pertaining | 12 | | to the conduct of elections, shall, as applied to any county | 13 | | having a county board of election commissioners within the | 14 | | office of the county clerk, be construed as referring to the | 15 | | county board of election commissioners within the office of the | 16 | | county clerk. | 17 | | (10 ILCS 5/6B-45 new) | 18 | | Sec. 6B-45. Personnel. The chairman of the board of | 19 | | election commissions shall hire all personnel necessary for the | 20 | | commission to perform the duties enjoined upon it by statute | 21 | | and determine their compensation. All personnel hired by the | 22 | | chairman of the board of election commissioners shall be | 23 | | employees of the county clerk and subject to all employment | 24 | | policies as the clerk may from time to time promulgate. All |
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| 1 | | personnel hired under this Section shall also be deemed | 2 | | employees of the respective county for payroll, taxation, and | 3 | | employee benefit purposes. | 4 | | (10 ILCS 5/6B-50 new) | 5 | | Sec. 6B-50. Legal representation. The State's Attorney of | 6 | | the county shall be the exclusive legal representative of the | 7 | | county board of election commissioners within the office of the | 8 | | county clerk. | 9 | | (10 ILCS 5/6B-55 new) | 10 | | Sec. 6B-55. Meetings of the election commissioners. A | 11 | | county board of election commissioners within the office of the | 12 | | county clerk is a public body, as the Open Meetings Act defines | 13 | | the term, and shall be subject to all of the requirements of | 14 | | that Act. The election commissioners shall meet as frequently | 15 | | as their duties may require, but no less frequently than 10 | 16 | | times annually, whether sitting as the county board of election | 17 | | commissioners or as an electoral board the purpose of the | 18 | | hearing and passing on objector's petitions as set forth in | 19 | | Section 10-9 of this Code, and may meet in any location in | 20 | | their county that is convenient and accessible to the public. | 21 | | (10 ILCS 5/6B-60 new) | 22 | | Sec. 6B-60. County officers electoral board. The county | 23 | | board of election commissions within the office of the county |
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| 1 | | clerk shall have the same powers and duties as a county board | 2 | | of election commissioners for the purpose of the hearing and | 3 | | passing on objector's petitions as set forth in Section 10-9 of | 4 | | this Code and shall constitute the county officers electoral | 5 | | board in such county. Whenever the chairman of a county board | 6 | | of election commissioners is a candidate for an office with | 7 | | relation to which an objector's petition is filed, he shall not | 8 | | be eligible to serve on that board and shall not act as a | 9 | | member of the board and his place shall be filled as set forth | 10 | | in Section 10-9 of the Code with respect to all proceedings | 11 | | involving such an objection. | 12 | | (10 ILCS 5/6B-65 new) | 13 | | Sec. 6B-65. Retention of records. The clerk shall retain | 14 | | all records of the county board of election commissioners | 15 | | within the office of the county clerk in the manner required by | 16 | | federal and State law. In the event of a conflict between | 17 | | multiple provisions of law, the clerk shall retain all records | 18 | | in accordance with the provision that requires the greatest | 19 | | period of retention. | 20 | | (10 ILCS 5/6B-70 new) | 21 | | Sec. 6B-70. Audit and payment. The county auditor or a | 22 | | person performing the duties of the county auditor shall audit | 23 | | the salaries and expenses of the county board of election | 24 | | commissioners within the office of the county clerk. All |
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| 1 | | salaries and expenditures for an audit shall be paid by the | 2 | | county upon the warrant of the county clerk of any money in the | 3 | | county treasury not otherwise appropriated.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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