101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2245

 

Introduced , by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/13-1  from Ch. 46, par. 13-1
10 ILCS 5/13-2  from Ch. 46, par. 13-2
10 ILCS 5/14-1  from Ch. 46, par. 14-1

    Amends the Election Code. Provides that, except for in a county with a population of at least 3,000,000 or where election judges are selected by election commissioners, an election authority may reduce the number of judges of election in each precinct from 5 to 3 for any election. Provides that in certain cities, villages, and incorporated towns with a board of election commissioners, the board shall select and choose no less than 3 (rather than choose 5) persons as judges of election for each precinct. Effective immediately.


LRB101 08667 SMS 53751 b

 

 

A BILL FOR

 

HB2245LRB101 08667 SMS 53751 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 13-1, 13-2, and 14-1 as follows:
 
6    (10 ILCS 5/13-1)  (from Ch. 46, par. 13-1)
7    Sec. 13-1. In counties not under township organization, the
8county board of commissioners shall at its meeting in July in
9each even-numbered year appoint in each election precinct 5
10capable and discreet persons meeting the qualifications of
11Section 13-4 to be judges of election. Where neither voting
12machines nor electronic, mechanical or electric voting systems
13are used, the county board may, for any precinct with respect
14to which the board considers such action necessary or desirable
15in view of the number of voters, and shall for general
16elections for any precinct containing more than 600 registered
17voters, appoint in addition to the 5 judges of election a team
18of 5 tally judges. In such precincts the judges of election
19shall preside over the election during the hours the polls are
20open, and the tally judges, with the assistance of the holdover
21judges designated pursuant to Section 13-6.2, shall count the
22vote after the closing of the polls. However, the County Board
23of Commissioners may appoint 3 judges of election to serve in

 

 

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1lieu of the 5 judges of election otherwise required by this
2Section (1) to serve in any emergency referendum, or in any
3odd-year regular election or in any special primary or special
4election called for the purpose of filling a vacancy in the
5office of representative in the United States Congress or to
6nominate candidates for such purpose or (2) if the county board
7passes an ordinance to reduce the number of judges of election
8to 3 for primary elections. In addition, an election authority
9may reduce the number of judges of election in each precinct
10from 5 to 3 for any election. The tally judges shall possess
11the same qualifications and shall be appointed in the same
12manner and with the same division between political parties as
13is provided for judges of election.
14    In addition to such precinct judges, the county board of
15commissioners shall appoint special panels of 3 judges each,
16who shall possess the same qualifications and shall be
17appointed in the same manner and with the same division between
18political parties as is provided for other judges of election.
19The number of such panels of judges required shall be
20determined by regulations of the State Board of Elections which
21shall base the required numbers of special panels on the number
22of registered voters in the jurisdiction or the number of vote
23by mail ballots voted at recent elections, or any combination
24of such factors.
25    Such appointment shall be confirmed by the court as
26provided in Section 13-3 of this Article. No more than 3

 

 

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1persons of the same political party shall be appointed judges
2of the same election precinct or election judge panel. The
3appointment shall be made in the following manner: The county
4board of commissioners shall select and approve 3 persons as
5judges of election in each election precinct from a certified
6list, furnished by the chair of the County Central Committee of
7the first leading political party in such precinct; and the
8county board of commissioners shall also select and approve 2
9persons as judges of election in each election precinct from a
10certified list, furnished by the chair of the County Central
11Committee of the second leading political party. However, if
12only 3 judges of election serve in each election precinct, no
13more than 2 persons of the same political party shall be judges
14of election in the same election precinct; and which political
15party is entitled to 2 judges of election and which political
16party is entitled to one judge of election shall be determined
17in the same manner as set forth in the next two preceding
18sentences with regard to 5 election judges in each precinct.
19Such certified list shall be filed with the county clerk not
20less than 10 days before the annual meeting of the county board
21of commissioners. Such list shall be arranged according to
22precincts. The chair of each county central committee shall,
23insofar as possible, list persons who reside within the
24precinct in which they are to serve as judges. However, he may,
25in his sole discretion, submit the names of persons who reside
26outside the precinct but within the county embracing the

 

 

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1precinct in which they are to serve. He must, however, submit
2the names of at least 2 residents of the precinct for each
3precinct in which his party is to have 3 judges and must submit
4the name of at least one resident of the precinct for each
5precinct in which his party is to have 2 judges. The county
6board of commissioners shall acknowledge in writing to each
7county chair the names of all persons submitted on such
8certified list and the total number of persons listed thereon.
9If no such list is filed or such list is incomplete (that is,
10no names or an insufficient number of names are furnished for
11certain election precincts), the county board of commissioners
12shall make or complete such list from the names contained in
13the supplemental list provided for in Section 13-1.1. The
14election judges shall hold their office for 2 years from their
15appointment, and until their successors are duly appointed in
16the manner provided in this Act. The county board of
17commissioners shall fill all vacancies in the office of judge
18of election at any time in the manner provided in this Act.
19(Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19.)
 
20    (10 ILCS 5/13-2)  (from Ch. 46, par. 13-2)
21    Sec. 13-2. In counties under the township organization the
22county board shall at its meeting in July in each even-numbered
23year except in counties containing a population of 3,000,000
24inhabitants or over and except when such judges are appointed
25by election commissioners, select in each election precinct in

 

 

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1the county, 5 capable and discreet persons to be judges of
2election who shall possess the qualifications required by this
3Act for such judges. Where neither voting machines nor
4electronic, mechanical or electric voting systems are used, the
5county board may, for any precinct with respect to which the
6board considers such action necessary or desirable in view of
7the number of voters, and shall for general elections for any
8precinct containing more than 600 registered voters, appoint in
9addition to the 5 judges of election a team of 5 tally judges.
10In such precincts the judges of election shall preside over the
11election during the hours the polls are open, and the tally
12judges, with the assistance of the holdover judges designated
13pursuant to Section 13-6.2, shall count the vote after the
14closing of the polls. The tally judges shall possess the same
15qualifications and shall be appointed in the same manner and
16with the same division between political parties as is provided
17for judges of election.
18    However, the county board may appoint 3 judges of election
19to serve in lieu of the 5 judges of election otherwise required
20by this Section (1) to serve in any emergency referendum, or in
21any odd-year regular election or in any special primary or
22special election called for the purpose of filling a vacancy in
23the office of representative in the United States Congress or
24to nominate candidates for such purpose or (2) if the county
25board passes an ordinance to reduce the number of judges of
26election to 3 for primary elections. In addition, an election

 

 

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1authority may reduce the number of judges of election in each
2precinct from 5 to 3 for any election.
3    In addition to such precinct judges, the county board shall
4appoint special panels of 3 judges each, who shall possess the
5same qualifications and shall be appointed in the same manner
6and with the same division between political parties as is
7provided for other judges of election. The number of such
8panels of judges required shall be determined by regulations of
9the State Board of Elections, which shall base the required
10number of special panels on the number of registered voters in
11the jurisdiction or the number of absentee ballots voted at
12recent elections or any combination of such factors.
13    No more than 3 persons of the same political party shall be
14appointed judges in the same election district or undivided
15precinct. The election of the judges of election in the various
16election precincts shall be made in the following manner: The
17county board shall select and approve 3 of the election judges
18in each precinct from a certified list furnished by the chair
19of the County Central Committee of the first leading political
20party in such election precinct and shall also select and
21approve 2 judges of election in each election precinct from a
22certified list furnished by the chair of the County Central
23Committee of the second leading political party in such
24election precinct. However, if only 3 judges of election serve
25in each election precinct, no more than 2 persons of the same
26political party shall be judges of election in the same

 

 

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1election precinct; and which political party is entitled to 2
2judges of election and which political party is entitled to one
3judge of election shall be determined in the same manner as set
4forth in the next two preceding sentences with regard to 5
5election judges in each precinct. The respective County Central
6Committee chair shall notify the county board by June 1 of each
7odd-numbered year immediately preceding the annual meeting of
8the county board whether or not such certified list will be
9filed by such chair. Such list shall be arranged according to
10precincts. The chair of each county central committee shall,
11insofar as possible, list persons who reside within the
12precinct in which they are to serve as judges. However, he may,
13in his sole discretion, submit the names of persons who reside
14outside the precinct but within the county embracing the
15precinct in which they are to serve. He must, however, submit
16the names of at least 2 residents of the precinct for each
17precinct in which his party is to have 3 judges and must submit
18the name of at least one resident of the precinct for each
19precinct in which his party is to have 2 judges. Such certified
20list, if filed, shall be filed with the county clerk not less
21than 20 days before the annual meeting of the county board. The
22county board shall acknowledge in writing to each county chair
23the names of all persons submitted on such certified list and
24the total number of persons listed thereon. If no such list is
25filed or the list is incomplete (that is, no names or an
26insufficient number of names are furnished for certain election

 

 

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1precincts), the county board shall make or complete such list
2from the names contained in the supplemental list provided for
3in Section 13-1.1. Provided, further, that in any case where a
4township has been or shall be redistricted, in whole or in
5part, subsequent to one general election for Governor, and
6prior to the next, the judges of election to be selected for
7all new or altered precincts shall be selected in that one of
8the methods above detailed, which shall be applicable according
9to the facts and circumstances of the particular case, but the
10majority of such judges for each such precinct shall be
11selected from the first leading political party, and the
12minority judges from the second leading political party.
13Provided, further, that in counties having a population of
143,000,000 inhabitants or over the selection of judges of
15election shall be made in the same manner in all respects as in
16other counties, except that the provisions relating to tally
17judges are inapplicable to such counties and except that the
18county board shall meet during the month of January for the
19purpose of making such selection, each township
20committeeperson shall assume the responsibilities given to the
21chair of the county central committee in this Section for the
22precincts within his or her township, and the township
23committeeperson shall notify the county board by the preceding
24October 1 whether or not the certified list will be filed. Such
25judges of election shall hold their office for 2 years from
26their appointment and until their successors are duly appointed

 

 

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1in the manner provided in this Act. The county board shall fill
2all vacancies in the office of judges of elections at any time
3in the manner herein provided.
4    Such selections under this Section shall be confirmed by
5the circuit court as provided in Section 13-3 of this Article.
6(Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19.)
 
7    (10 ILCS 5/14-1)  (from Ch. 46, par. 14-1)
8    Sec. 14-1. (a) The board of election commissioners
9established or existing under Article 6 shall, at the time and
10in the manner provided in Section 14-3.1, select and choose no
11less than 3 5 persons, men or women, as judges of election for
12each precinct in such city, village or incorporated town.
13    Where neither voting machines nor electronic, mechanical
14or electric voting systems are used, the board of election
15commissioners may, for any precinct with respect to which the
16board considers such action necessary or desirable in view of
17the number of voters, and shall for general elections for any
18precinct containing more than 600 registered voters, appoint in
19addition to the 5 judges of election chosen under this
20subsection a team of 5 tally judges. In such precincts the
21judges of election shall preside over the election during the
22hours the polls are open, and the tally judges, with the
23assistance of the holdover judges designated pursuant to
24Section 14-5.2, shall count the vote after the closing of the
25polls. The tally judges shall possess the same qualifications

 

 

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1and shall be appointed in the same manner and with the same
2division between political parties as is provided for judges of
3election. The foregoing provisions relating to the appointment
4of tally judges are inapplicable in counties with a population
5of 1,000,000 or more.
6    (b) To qualify as judges the persons must:
7        (1) be citizens of the United States;
8        (2) be of good repute and character and not subject to
9    the registration requirement of the Sex Offender
10    Registration Act;
11        (3) be able to speak, read and write the English
12    language;
13        (4) be skilled in the 4 fundamental rules of
14    arithmetic;
15        (5) be of good understanding and capable;
16        (6) not be candidates for any office at the election
17    and not be elected committeepersons;
18        (7) reside and be entitled to vote in the precinct in
19    which they are selected to serve, except that in each
20    precinct not more than one judge of each party may be
21    appointed from outside such precinct. Any judge so
22    appointed to serve in any precinct in which he is not
23    entitled to vote must be entitled to vote elsewhere within
24    the county which encompasses the precinct in which such
25    judge is appointed and such judge must otherwise meet the
26    qualifications of this Section, except as provided in

 

 

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1    subsection (c) or (c-5).
2    (c) An election authority may establish a program to permit
3a person who is not entitled to vote to be appointed as an
4election judge if, as of the date of the election at which the
5person serves as a judge, he or she:
6        (1) is a U.S. citizen;
7        (2) is a junior or senior in good standing enrolled in
8    a public or private secondary school;
9        (3) has a cumulative grade point average equivalent to
10    at least 3.0 on a 4.0 scale;
11        (4) has the written approval of the principal of the
12    secondary school he or she attends at the time of
13    appointment;
14        (5) has the written approval of his or her parent or
15    legal guardian;
16        (6) has satisfactorily completed the training course
17    for judges of election described in Sections 13-2.1,
18    13-2.2, and 14-4.1; and
19        (7) meets all other qualifications for appointment and
20    service as an election judge.
21    No more than one election judge qualifying under this
22subsection may serve per political party per precinct. Prior to
23appointment, a judge qualifying under this subsection must
24certify in writing to the election authority the political
25party the judge chooses to affiliate with.
26    Students appointed as election judges under this

 

 

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1subsection shall not be counted as absent from school on the
2day they serve as judges.
3    (c-5) An election authority may establish a program to
4permit a person who is not entitled to vote in that precinct or
5county to be appointed as an election judge if, as of the date
6of the election at which the person serves as a judge, he or
7she:
8        (1) is a U.S. citizen;
9        (2) is currently enrolled in a community college, as
10    defined in the Public Community College Act, or a public or
11    private Illinois university or college;
12        (3) has a cumulative grade point average equivalent to
13    at least 3.0 on a 4.0 scale;
14        (4) has satisfactorily completed the training course
15    for judges of election described in Sections 13-2.1,
16    13-2.2, and 14-4.1; and
17        (5) meets all other qualifications for appointment and
18    service as an election judge.
19    No more than one election judge qualifying under this
20subsection may serve per political party per precinct. Prior to
21appointment, a judge qualifying under this subsection must
22certify in writing to the election authority the political
23party the judge chooses to affiliate with.
24    Students appointed as election judges under this
25subsection shall not be counted as absent from school on the
26day they serve as judges.

 

 

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1    (d) The board of election commissioners may select 2
2additional judges of election, one from each of the major
3political parties, for each 200 voters in excess of 600 in any
4precinct having more than 600 voters as authorized by Section
511-3. These additional judges must meet the qualifications
6prescribed in this Section.
7(Source: P.A. 100-1027, eff. 1-1-19.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.