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90_HB2827sam005 LRB9009243JMmbam04 1 AMENDMENT TO HOUSE BILL 2827 2 AMENDMENT NO. . Amend House Bill 2827, AS AMENDED, 3 in the introductory paragraph of Section 5, by inserting 4 "14-5," after "13-11,"; and 5 in Section 5, by inserting after the last line of Sec. 13-11 6 the following: 7 "(10 ILCS 5/14-5) (from Ch. 46, par. 14-5) 8 Sec. 14-5. After the judges are selected and have agreed 9 to serve as provided in Sections 14-1 to 14-4, inclusive, 10 then a report of such selections shall be made and filed in 11 the court, and application shall then be made by the board to 12 the circuit court for their confirmation and appointment, 13 whereupon the court shall enter an order that cause be shown, 14 if any exists, against the confirmation and appointment of 15 such persons so named, on or before the opening of the court 16 on a day to be fixed by the court. And the board of 17 commissioners shall immediately give notice of such order and 18 the names of all such judges so reported to such court for 19 confirmation, and their residence and the precinct for which 20 they were selected, by causing a notice
the sameto be 21 published in one or more newspapers in such city, village or 22 incorporated town, and if no newspaper be published in such -2- LRB9009243JMmbam04 1 city, village or incorporated town, then by posting such 2 notice in 3 of the most public places in such city, village 3 or town. The notice shall state that a list of judges of 4 election is available for public inspection in the office of 5 the election authority. , andIf no cause to the contrary is 6 shown prior to the day fixed, and if, in each precinct, at 7 least one judge representing each of the two major political 8 parties has been certified by the board of commissioners as 9 having satisfactorily completed within the preceding 6 months 10 the training course and examination for judges of election, 11 as provided in Section 14-4.1 of this Act such appointments 12 shall be confirmed by order entered by that court. 13 If in any precinct the requisite 2 judges have not been 14 so certified by the board of commissioners as having 15 satisfactorily completed such course and examination, the 16 board of commissioners shall immediately notify all judges in 17 that precinct, to whose appointment there is no other 18 objection, that all such judges shall attend the next such 19 course. The board of commissioners shall then certify to the 20 court that all such judges have been so notified (and such 21 certification need contain no detail other than a mere 22 recital). The appointment of such judges shall then be 23 confirmed by order entered by the court. If any judge so 24 notified and so confirmed fails to attend the next such 25 course, such failure shall subject such judge to possible 26 removal from office at the option of the election authority. 27 If objections to the appointment of any such judge is 28 filed prior to the day fixed by the court for confirmation of 29 judges, the court shall hear such objections and the evidence 30 introduced in support thereof, and shall confirm or refuse to 31 confirm such nominations, as the interests of the public may 32 require. No reasons may be given for the refusal to confirm. 33 If any vacancies exist by reason of the action of such board 34 or otherwise, at any time, the board of commissioners shall, -3- LRB9009243JMmbam04 1 subject to the provisions of Section 14-3.2, further report 2 and nominate persons to fill such vacancies so existing in 3 the manner aforesaid, and a court in the same way shall 4 consider such nominations and shall confirm or refuse to 5 confirm the same in the manner aforesaid. Upon the 6 confirmation of such judges, at any time, a commission shall 7 issue to each of such judges, under the seal of such court, 8 and appropriate forms shall be prepared by the board of 9 commissioners for such purpose. After such confirmation and 10 acceptance of such commission, such judges shall thereupon 11 become officers of such court. If a vacancy occurs so late 12 that application to and confirmation by the court cannot be 13 had before the election, then the board of commissioners 14 shall, subject to the provisions of Section 14-3.2, make an 15 appointment and issue a commission to such officer or 16 officers, and when thus appointed such officer shall be 17 considered an officer of the court and subject to the same 18 rules and punishment, in case of misbehavior, as if confirmed 19 by the court, and any judge, however appointed, and at 20 whatever time, shall be considered an officer of court, and 21 be subject to the same control and punishment in case of 22 misbehavior. Not more than 10 business days after the day of 23 election, the board of election commissioners shall compile a 24 list containing the name, address and party affiliation of 25 each judge of election who served on the day of election, and 26 shall preserve such list and make it available for public 27 inspection and copying for a period of not more than one year 28 from the date of receipt of such list. Copies of such list 29 shall be available for purchase at a cost not to exceed the 30 cost of duplication. The board of commissioners has the right 31 at any time, in case of misbehavior or neglect of duty, to 32 remove any judge of election, and shall cause such vacancy to 33 be filled in accordance with this Act. The board has the 34 right, at any time, to remove any judge of election for -4- LRB9009243JMmbam04 1 failing to vote the primary ballot of the political party he 2 represents at a primary election at which he served as such 3 judge, and shall cause such vacancy to be filled in 4 accordance with this Act. The board shall remove any judge of 5 election who, twice during the same term of office, fails to 6 provide for the opening of the polling place at the time 7 prescribed in Section 17-1 or Section 18-2, whichever is 8 applicable, unless such delay can be demonstrated by the 9 judge of election to be beyond his or her control. In the 10 event that any judge of election is removed for cause, the 11 board shall specify such cause in writing and make such 12 writing a matter of public record, with a copy to be sent to 13 the appropriate county chairman who made the initial 14 recommendation of the election judges. The judges of election 15 must be appointed and confirmed at least 35 days prior to the 16 next election. 17 If any vacancy shall occur or exist, more than 5 days 18 before election the judges appointed to such places must be 19 confirmed by such court. Such commissioners shall not 20 voluntarily remove any judge within 5 days of such election, 21 except for flagrant misbehavior, incapacity or dishonesty, 22 and the reasons therefor must afterwards be reported in 23 writing to such court and made a matter of public record, 24 with a copy to be sent to the appropriate county chairman who 25 made the initial recommendation of the election judge. If 26 such removal be wilful and without cause, the commissioners 27 shall be punished for contempt of court and subject to 28 removal. The board of election commissioners shall have the 29 power on election day to remove without cause any judge of 30 election appointed by the other judges of election pursuant 31 to Section 14-6 and to appoint another judge of election to 32 serve for that election. Such substitute judge of election 33 must be selected, where possible, pursuant to the provisions 34 of Section 14-3.2 and must be qualified in accordance with -5- LRB9009243JMmbam04 1 Section 14-1. 2 (Source: P.A. 86-867; 86-1348.)".
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