Illinois General Assembly - Full Text of Public Act 100-0337
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Public Act 100-0337


 

Public Act 0337 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0337
 
HB0539 EnrolledLRB100 06922 MLM 16973 b

    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 13-1 and 13-2 as follows:
 
    (10 ILCS 5/13-1)  (from Ch. 46, par. 13-1)
    Sec. 13-1. In counties not under township organization, the
county board of commissioners shall at its meeting in July in
each even-numbered year appoint in each election precinct 5
capable and discreet persons meeting the qualifications of
Section 13-4 to be judges of election. Where neither voting
machines nor electronic, mechanical or electric voting systems
are used, the county board may, for any precinct with respect
to which the board considers such action necessary or desirable
in view of the number of voters, and shall for general
elections for any precinct containing more than 600 registered
voters, appoint in addition to the 5 judges of election a team
of 5 tally judges. In such precincts the judges of election
shall preside over the election during the hours the polls are
open, and the tally judges, with the assistance of the holdover
judges designated pursuant to Section 13-6.2, shall count the
vote after the closing of the polls. However, the County Board
of Commissioners may appoint 3 judges of election to serve in
lieu of the 5 judges of election otherwise required by this
Section (1) to serve in any emergency referendum, or in any
odd-year regular election or in any special primary or special
election called for the purpose of filling a vacancy in the
office of representative in the United States Congress or to
nominate candidates for such purpose or (2) if the county board
passes an ordinance to reduce the number of judges of election
to 3 for primary elections. The tally judges shall possess the
same qualifications and shall be appointed in the same manner
and with the same division between political parties as is
provided for judges of election.
    In addition to such precinct judges, the county board of
commissioners shall appoint special panels of 3 judges each,
who shall possess the same qualifications and shall be
appointed in the same manner and with the same division between
political parties as is provided for other judges of election.
The number of such panels of judges required shall be
determined by regulations of the State Board of Elections which
shall base the required numbers of special panels on the number
of registered voters in the jurisdiction or the number of vote
by mail ballots voted at recent elections, or any combination
of such factors.
    Such appointment shall be confirmed by the court as
provided in Section 13-3 of this Article. No more than 3
persons of the same political party shall be appointed judges
of the same election precinct or election judge panel. The
appointment shall be made in the following manner: The county
board of commissioners shall select and approve 3 persons as
judges of election in each election precinct from a certified
list, furnished by the chairman of the County Central Committee
of the first leading political party in such precinct; and the
county board of commissioners shall also select and approve 2
persons as judges of election in each election precinct from a
certified list, furnished by the chairman of the County Central
Committee of the second leading political party. However, if
only 3 judges of election serve in each election precinct, no
more than 2 persons of the same political party shall be judges
of election in the same election precinct; and which political
party is entitled to 2 judges of election and which political
party is entitled to one judge of election shall be determined
in the same manner as set forth in the next two preceding
sentences with regard to 5 election judges in each precinct.
Such certified list shall be filed with the county clerk not
less than 10 days before the annual meeting of the county board
of commissioners. Such list shall be arranged according to
precincts. The chairman of each county central committee shall,
insofar as possible, list persons who reside within the
precinct in which they are to serve as judges. However, he may,
in his sole discretion, submit the names of persons who reside
outside the precinct but within the county embracing the
precinct in which they are to serve. He must, however, submit
the names of at least 2 residents of the precinct for each
precinct in which his party is to have 3 judges and must submit
the name of at least one resident of the precinct for each
precinct in which his party is to have 2 judges. The county
board of commissioners shall acknowledge in writing to each
county chairman the names of all persons submitted on such
certified list and the total number of persons listed thereon.
If no such list is filed or such list is incomplete (that is,
no names or an insufficient number of names are furnished for
certain election precincts), the county board of commissioners
shall make or complete such list from the names contained in
the supplemental list provided for in Section 13-1.1. The
election judges shall hold their office for 2 years from their
appointment, and until their successors are duly appointed in
the manner provided in this Act. The county board of
commissioners shall fill all vacancies in the office of judge
of election at any time in the manner provided in this Act.
(Source: P.A. 98-1171, eff. 6-1-15.)
 
    (10 ILCS 5/13-2)  (from Ch. 46, par. 13-2)
    Sec. 13-2. In counties under the township organization the
county board shall at its meeting in July in each even-numbered
year except in counties containing a population of 3,000,000
inhabitants or over and except when such judges are appointed
by election commissioners, select in each election precinct in
the county, 5 capable and discreet persons to be judges of
election who shall possess the qualifications required by this
Act for such judges. Where neither voting machines nor
electronic, mechanical or electric voting systems are used, the
county board may, for any precinct with respect to which the
board considers such action necessary or desirable in view of
the number of voters, and shall for general elections for any
precinct containing more than 600 registered voters, appoint in
addition to the 5 judges of election a team of 5 tally judges.
In such precincts the judges of election shall preside over the
election during the hours the polls are open, and the tally
judges, with the assistance of the holdover judges designated
pursuant to Section 13-6.2, shall count the vote after the
closing of the polls. The tally judges shall possess the same
qualifications and shall be appointed in the same manner and
with the same division between political parties as is provided
for judges of election.
    However, the county board may appoint 3 judges of election
to serve in lieu of the 5 judges of election otherwise required
by this Section (1) to serve in any emergency referendum, or in
any odd-year regular election or in any special primary or
special election called for the purpose of filling a vacancy in
the office of representative in the United States Congress or
to nominate candidates for such purpose or (2) if the county
board passes an ordinance to reduce the number of judges of
election to 3 for primary elections.
    In addition to such precinct judges, the county board shall
appoint special panels of 3 judges each, who shall possess the
same qualifications and shall be appointed in the same manner
and with the same division between political parties as is
provided for other judges of election. The number of such
panels of judges required shall be determined by regulations of
the State Board of Elections, which shall base the required
number of special panels on the number of registered voters in
the jurisdiction or the number of absentee ballots voted at
recent elections or any combination of such factors.
    No more than 3 persons of the same political party shall be
appointed judges in the same election district or undivided
precinct. The election of the judges of election in the various
election precincts shall be made in the following manner: The
county board shall select and approve 3 of the election judges
in each precinct from a certified list furnished by the
chairman of the County Central Committee of the first leading
political party in such election precinct and shall also select
and approve 2 judges of election in each election precinct from
a certified list furnished by the chairman of the County
Central Committee of the second leading political party in such
election precinct. However, if only 3 judges of election serve
in each election precinct, no more than 2 persons of the same
political party shall be judges of election in the same
election precinct; and which political party is entitled to 2
judges of election and which political party is entitled to one
judge of election shall be determined in the same manner as set
forth in the next two preceding sentences with regard to 5
election judges in each precinct. The respective County Central
Committee chairman shall notify the county board by June 1 of
each odd-numbered year immediately preceding the annual
meeting of the county board whether or not such certified list
will be filed by such chairman. Such list shall be arranged
according to precincts. The chairman of each county central
committee shall, insofar as possible, list persons who reside
within the precinct in which they are to serve as judges.
However, he may, in his sole discretion, submit the names of
persons who reside outside the precinct but within the county
embracing the precinct in which they are to serve. He must,
however, submit the names of at least 2 residents of the
precinct for each precinct in which his party is to have 3
judges and must submit the name of at least one resident of the
precinct for each precinct in which his party is to have 2
judges. Such certified list, if filed, shall be filed with the
county clerk not less than 20 days before the annual meeting of
the county board. The county board shall acknowledge in writing
to each county chairman the names of all persons submitted on
such certified list and the total number of persons listed
thereon. If no such list is filed or the list is incomplete
(that is, no names or an insufficient number of names are
furnished for certain election precincts), the county board
shall make or complete such list from the names contained in
the supplemental list provided for in Section 13-1.1. Provided,
further, that in any case where a township has been or shall be
redistricted, in whole or in part, subsequent to one general
election for Governor, and prior to the next, the judges of
election to be selected for all new or altered precincts shall
be selected in that one of the methods above detailed, which
shall be applicable according to the facts and circumstances of
the particular case, but the majority of such judges for each
such precinct shall be selected from the first leading
political party, and the minority judges from the second
leading political party. Provided, further, that in counties
having a population of 3,000,000 inhabitants or over the
selection of judges of election shall be made in the same
manner in all respects as in other counties, except that the
provisions relating to tally judges are inapplicable to such
counties and except that the county board shall meet during the
month of January for the purpose of making such selection, each
township committeeperson shall assume the responsibilities
given to the chairman of the county central committee in this
Section for the precincts within his or her township, and the
township committeeperson shall notify the county board by the
preceding October 1 whether or not the certified list will be
filed. Such judges of election shall hold their office for 2
years from their appointment and until their successors are
duly appointed in the manner provided in this Act. The county
board shall fill all vacancies in the office of judges of
elections at any time in the manner herein provided.
    Such selections under this Section shall be confirmed by
the circuit court as provided in Section 13-3 of this Article.
(Source: P.A. 98-1171, eff. 6-1-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2017