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91_SB0443
LRB9103339PTpk
1 AN ACT to amend the Election Code by changing Sections
2 13-3 and 14-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 13-3 and 14-5 as follows:
7 (10 ILCS 5/13-3) (from Ch. 46, par. 13-3)
8 Sec. 13-3. After the judges of election have been
9 selected and approved as hereinbefore provided, a report of
10 such selections shall be made by the county board and filed
11 in the circuit court, and application shall then be made by
12 the county board to the court for their confirmation and
13 appointment, whereupon the court shall enter an order that
14 cause be shown, if any exists, against the confirmation and
15 appointment of such persons so named on or before the opening
16 of the court on a day to be fixed by the court. The county
17 board shall immediately give notice of such order by
18 publishing and the names of all such judges so reported to
19 such court for confirmation and their residence and the
20 precinct for which they were selected by causing a notice to
21 be published in one or more newspapers in the county and if
22 no newspaper be published therein then by posting such notice
23 in 5 of the most public places in the county. The notice
24 shall also state that a list of judges of election is
25 available for public inspection in the office of the election
26 authority. If no cause to the contrary is shown prior to the
27 day fixed, and if, in each precinct, at least one judge
28 representing each of the two major political parties has been
29 certified by the county clerk as having satisfactorily
30 completed within the preceding 6 months the training course
31 and examination for judges of election, as provided in
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1 Section 13-2.1 and 13-2.2 of this Act, such appointment shall
2 be confirmed by order entered by that court.
3 If in any precinct the requisite 2 judges have not been
4 so certified by the county clerk as having satisfactorily
5 completed such course and examination, the county clerk shall
6 immediately notify all judges in that precinct, to whose
7 appointment there is no other objection, that all such judges
8 shall attend the next such course. The county clerk shall
9 then certify to the court that all such judges have been so
10 notified (and such certification need contain no detail other
11 than a mere recital). The appointment of such judges shall
12 then be confirmed by order entered by the court. If any judge
13 so notified and so confirmed fails to attend the next such
14 course, such failure shall subject such judge to possible
15 removal from office at the option of the election authority.
16 If objections to the appointment of any judge be filed
17 prior to the day fixed by the court for confirmation of
18 judges, the court shall hear such objections and the evidence
19 introduced in support thereof, and shall confirm or refuse to
20 confirm such nominations as the interests of the public may
21 require. No reasons may be given for the refusal to confirm.
22 If any vacancy exists at any time the county board shall,
23 subject to the provisions of Section 13-1.1, further report
24 and nominate persons to fill such vacancies so existing in
25 the manner aforesaid, and a court in the same way shall
26 consider such nominations and shall confirm or refuse to
27 confirm the same in the manner aforesaid. Upon the
28 confirmation of such judges, at any time, a commission shall
29 issue to each of such judges, under the seal of such court,
30 and appropriate forms shall be prepared by the county clerk
31 of each county for such purpose and furnished to the county
32 board, and after confirmation and acceptance of such
33 commission, such judges shall thereupon become officers of
34 such court. If a vacancy occurs so late that nomination by
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1 the county board and application to and confirmation by the
2 court cannot be had before the election, then the court
3 shall, subject to the provisions of Section 13-1.1, make an
4 appointment and issue a commission to such officer or
5 officers, and when thus appointed such officer shall be
6 considered an officer of the court and subject to the same
7 rules as if nominated by the county board and confirmed by
8 the court, and any judge, however appointed, and at whatever
9 time, shall be considered an officer of court and be subject
10 to the same control and punishment in case of misbehavior.
11 Not more than 10 business days after the day of election, the
12 county clerk shall compile a list containing the name,
13 address and party affiliation of each judge of election who
14 served on the day of election, and shall preserve such list
15 and make it available for public inspection and copying for a
16 period of not more than one year from the date of receipt of
17 such list. Copies of such list shall be available for
18 purchase at a cost not to exceed the cost of duplication. The
19 board has the right, at any time, in case of misbehavior or
20 neglect of duty, to remove any judge of election and cause
21 such vacancy to be filled in accordance with this Act. The
22 board shall have the right, at any time, to remove any judge
23 of election for failing to vote the primary ballot of the
24 political party he represents, at a primary election at which
25 he served as such judge, and shall cause such vacancy to be
26 filled in accordance with this Act. The board shall remove
27 any judge of election who, twice during the same term of
28 office, fails to provide for the opening of the polling place
29 at the time prescribed in Section 17-1 or Section 18-2,
30 whichever is applicable, unless such delay can be
31 demonstrated by the judge of election to be beyond his or her
32 control. In the event that any judge of election is removed
33 for cause, the board shall specify such cause in writing and
34 make such writing a matter of public record, with a copy to
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1 be sent to the appropriate county chairman who made the
2 initial recommendation of the election judge. If any
3 vacancies occur or exist more than 15 days before election
4 the judges appointed to such places must be confirmed by such
5 court. The county board shall not voluntarily remove any
6 judge within 15 days of such election except for flagrant
7 misbehavior, incapacity or dishonesty, and the reason
8 therefor must afterward be reported in writing to such court
9 and made a matter of public record, with a copy to be sent to
10 the appropriate county chairman who made the initial
11 recommendation of the election judge. Provided further that
12 where a vacancy in the office of judge of election exists 20
13 days or less prior to any election in counties having a
14 population of 3,000,000 or more inhabitants, or where such
15 vacancy exists 10 days or less prior to any election in
16 counties having less than 3,000,000 inhabitants, the county
17 clerk shall, subject to the provisions of Section 13-1.1,
18 appoint a person of the same major political party to fill
19 such vacancy and issue a commission thereto. The name of the
20 officer so appointed shall be reported to the court as a
21 matter of record and after acceptance of such commission such
22 person shall be liable in the same manner as officers
23 regularly appointed by the county board and confirmed by the
24 court. The county clerk shall have the power on election day
25 to remove without cause any judge of election appointed by
26 the other judges of election pursuant to Section 13-7 and to
27 appoint another judge of election to serve for that election.
28 Such substitute judge of election must be selected, where
29 possible, pursuant to the provisions of Section 13-1.1 and
30 must be qualified in accordance with Section 13-4.
31 If any precinct has increased in voter registration
32 beyond the maximum of 800 provided in Section 11-2, the
33 county clerk may appoint one additional judge of election
34 from each political party for each 200 voters in excess of
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1 800.
2 (Source: P.A. 90-672, eff. 7-31-98.)
3 (10 ILCS 5/14-5) (from Ch. 46, par. 14-5)
4 Sec. 14-5. After the judges are selected and have agreed
5 to serve as provided in Sections 14-1 to 14-4, inclusive,
6 then a report of such selections shall be made and filed in
7 the court, and application shall then be made by the board to
8 the circuit court for their confirmation and appointment,
9 whereupon the court shall enter an order that cause be shown,
10 if any exists, against the confirmation and appointment of
11 such persons so named, on or before the opening of the court
12 on a day to be fixed by the court. And the board of
13 commissioners shall immediately give notice of such order by
14 publishing and the names of all such judges so reported to
15 such court for confirmation, and their residence and the
16 precinct for which they were selected, by causing a notice to
17 be published in one or more newspapers in such city, village
18 or incorporated town, and if no newspaper be published in
19 such city, village or incorporated town, then by posting such
20 notice in 3 of the most public places in such city, village
21 or town. The notice shall also state that a list of judges
22 of election is available for public inspection in the office
23 of the election authority. If no cause to the contrary is
24 shown prior to the day fixed, and if, in each precinct, at
25 least one judge representing each of the two major political
26 parties has been certified by the board of commissioners as
27 having satisfactorily completed within the preceding 6 months
28 the training course and examination for judges of election,
29 as provided in Section 14-4.1 of this Act such appointments
30 shall be confirmed by order entered by that court.
31 If in any precinct the requisite 2 judges have not been
32 so certified by the board of commissioners as having
33 satisfactorily completed such course and examination, the
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1 board of commissioners shall immediately notify all judges in
2 that precinct, to whose appointment there is no other
3 objection, that all such judges shall attend the next such
4 course. The board of commissioners shall then certify to the
5 court that all such judges have been so notified (and such
6 certification need contain no detail other than a mere
7 recital). The appointment of such judges shall then be
8 confirmed by order entered by the court. If any judge so
9 notified and so confirmed fails to attend the next such
10 course, such failure shall subject such judge to possible
11 removal from office at the option of the election authority.
12 If objections to the appointment of any such judge is
13 filed prior to the day fixed by the court for confirmation of
14 judges, the court shall hear such objections and the evidence
15 introduced in support thereof, and shall confirm or refuse to
16 confirm such nominations, as the interests of the public may
17 require. No reasons may be given for the refusal to confirm.
18 If any vacancies exist by reason of the action of such board
19 or otherwise, at any time, the board of commissioners shall,
20 subject to the provisions of Section 14-3.2, further report
21 and nominate persons to fill such vacancies so existing in
22 the manner aforesaid, and a court in the same way shall
23 consider such nominations and shall confirm or refuse to
24 confirm the same in the manner aforesaid. Upon the
25 confirmation of such judges, at any time, a commission shall
26 issue to each of such judges, under the seal of such court,
27 and appropriate forms shall be prepared by the board of
28 commissioners for such purpose. After such confirmation and
29 acceptance of such commission, such judges shall thereupon
30 become officers of such court. If a vacancy occurs so late
31 that application to and confirmation by the court cannot be
32 had before the election, then the board of commissioners
33 shall, subject to the provisions of Section 14-3.2, make an
34 appointment and issue a commission to such officer or
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1 officers, and when thus appointed such officer shall be
2 considered an officer of the court and subject to the same
3 rules and punishment, in case of misbehavior, as if confirmed
4 by the court, and any judge, however appointed, and at
5 whatever time, shall be considered an officer of court, and
6 be subject to the same control and punishment in case of
7 misbehavior. Not more than 10 business days after the day of
8 election, the board of election commissioners shall compile a
9 list containing the name, address and party affiliation of
10 each judge of election who served on the day of election, and
11 shall preserve such list and make it available for public
12 inspection and copying for a period of not more than one year
13 from the date of receipt of such list. Copies of such list
14 shall be available for purchase at a cost not to exceed the
15 cost of duplication. The board of commissioners has the right
16 at any time, in case of misbehavior or neglect of duty, to
17 remove any judge of election, and shall cause such vacancy to
18 be filled in accordance with this Act. The board has the
19 right, at any time, to remove any judge of election for
20 failing to vote the primary ballot of the political party he
21 represents at a primary election at which he served as such
22 judge, and shall cause such vacancy to be filled in
23 accordance with this Act. The board shall remove any judge of
24 election who, twice during the same term of office, fails to
25 provide for the opening of the polling place at the time
26 prescribed in Section 17-1 or Section 18-2, whichever is
27 applicable, unless such delay can be demonstrated by the
28 judge of election to be beyond his or her control. In the
29 event that any judge of election is removed for cause, the
30 board shall specify such cause in writing and make such
31 writing a matter of public record, with a copy to be sent to
32 the appropriate county chairman who made the initial
33 recommendation of the election judges. The judges of election
34 must be appointed and confirmed at least 35 days prior to the
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1 next election.
2 If any vacancy shall occur or exist, more than 5 days
3 before election the judges appointed to such places must be
4 confirmed by such court. Such commissioners shall not
5 voluntarily remove any judge within 5 days of such election,
6 except for flagrant misbehavior, incapacity or dishonesty,
7 and the reasons therefor must afterwards be reported in
8 writing to such court and made a matter of public record,
9 with a copy to be sent to the appropriate county chairman who
10 made the initial recommendation of the election judge. If
11 such removal be wilful and without cause, the commissioners
12 shall be punished for contempt of court and subject to
13 removal. The board of election commissioners shall have the
14 power on election day to remove without cause any judge of
15 election appointed by the other judges of election pursuant
16 to Section 14-6 and to appoint another judge of election to
17 serve for that election. Such substitute judge of election
18 must be selected, where possible, pursuant to the provisions
19 of Section 14-3.2 and must be qualified in accordance with
20 Section 14-1.
21 (Source: P.A. 90-672, eff. 7-31-98.)