103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5223

 

Introduced 2/9/2024, by Rep. Sharon Chung

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/6A-1  from Ch. 46, par. 6A-1
10 ILCS 5/6A-1.5 new
10 ILCS 5/6A-7  from Ch. 46, par. 6A-7

    Amends the Election Code. Provides that any county in which there is a city, village, or incorporated town with a board of election commissioners may establish that municipal board of election commissioners as a county board of election commissioners if approved by a referendum of the electors of the county. Provides that any county with a population of less than 300,000 persons (rather than less than 200,000 but more than 175,000 persons) as of the 2020 (rather than 2010) federal decennial census in which a city, village, or incorporated town with a board of election commissioners is located may establish a county board of election commissioners by vote of the electors of the county. Provides that a county board of election commissioners may not be dissolved unless the dissolution is approved by a referendum of the electors of the county.


LRB103 36266 SPS 66363 b

 

 

A BILL FOR

 

HB5223LRB103 36266 SPS 66363 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 6A-1 and 6A-7 and by adding Section 6A-1.5 as
6follows:
 
7    (10 ILCS 5/6A-1)  (from Ch. 46, par. 6A-1)
8    Sec. 6A-1. County board of election commissioners.
9    (a) Any county in which there is no city, village or
10incorporated town with a board of election commissioners may
11establish a county board of election commissioners either (1)
12by ordinance of the county board or (2) by vote of the electors
13of the county in accordance with subsection (a) of Section
146A-2.
15    The fact that some territory in a county is within the
16corporate limits of a city, village or incorporated town with
17a board of election commissioners does not prevent that county
18from establishing a county board of election commissioners in
19accordance with this Article if no portion of such city,
20village or incorporated town was within the county at the time
21of the establishment of the board of election commissioners
22for such city, village or incorporated town. If such a county
23establishes a county board of election commissioners pursuant

 

 

HB5223- 2 -LRB103 36266 SPS 66363 b

1to this Article, the county board of election commissioners
2shall, with respect to the territory in the county within the
3corporate limits of the city, village or incorporated town,
4supersede the board of election commissioners of that city,
5village or incorporated town.
6    (b) Any county with a population of more than 700,000
7persons as of the 2010 federal decennial census that borders
8another state and borders no more than 2 other Illinois
9counties, shall be subject to a county board of election
10commissioners beginning 90 days after the effective date of
11this amendatory Act of the 98th General Assembly.
12    (c) Any county with a population of less than 300,000
13200,000 but more than 175,000 persons as of the 2020 2010
14federal decennial census in which a city, village, or
15incorporated town with a board of election commissioners is
16located may establish a county board of election commissioners
17by vote of the electors of the county in accordance with
18subsection (b) of Section 6A-2. If such a county establishes a
19county board of election commissioners, the county board of
20election commissioners, with respect to the territory in the
21county within the corporate limits of the city, village, or
22incorporated town, shall supersede the board of election
23commissioners of that city, village, or incorporated town.
24(Source: P.A. 98-115, eff. 7-29-13.)
 
25    (10 ILCS 5/6A-1.5 new)

 

 

HB5223- 3 -LRB103 36266 SPS 66363 b

1    Sec. 6A-1.5. Expansion of a municipal board of election
2commissioners. Any county in which there is a city, village,
3or incorporated town with a board of election commissioners
4may establish that municipal board of election commissioners
5as a county board of election commissioners. The municipal
6board of election commissioners may not be established as a
7county board of election commissioners until the question of
8establishing the county board of election commissioners has
9been submitted to the electors of the county in which the
10municipality is located at a regular election and approved by
11a majority of the electors voting on the question. The
12election authority shall submit the question in substantially
13the following form:
14        Shall the (name of municipality) board of election
15    commissioners be established as the (name of county) board
16    of election commissioners?
17    The election authority must record the votes as "Yes" or
18"No".
19    If a majority of the electors voting on the question vote
20in the affirmative, the municipal board of election
21commissioners shall be established as the board of election
22commissioners for the county in which the municipality is
23located.
 
24    (10 ILCS 5/6A-7)  (from Ch. 46, par. 6A-7)
25    Sec. 6A-7. Dissolution.

 

 

HB5223- 4 -LRB103 36266 SPS 66363 b

1    (a) Except as provided in subsection (b), any county which
2has established a board of election commissioners may
3subsequently vote to dissolve such board in the same manner as
4provided in Article 6 for cities, villages, and incorporated
5towns, except that the question of dissolving the board of
6election commissioners shall be submitted to the electors of
7the county at a regular election and approved by a majority of
8the electors voting on the question. The question shall be in
9substantially the following form: the petition to the circuit
10court to submit to the vote of the electors of the county the
11proposition to dissolve the board of election commissioners
12shall be signed by at least 10% of the registered voters of the
13county.
14        Shall the (name of county) Board of Election
15    Commissioners be dissolved?
16    The election authority must record the votes as "Yes" or
17"No".
18    If a majority of the electors voting on the question vote
19in the affirmative, the county may dissolve the board of
20election.
21    (b) A county board in a county that has established a
22county board of election commissioners in accordance with
23subsection (a) of Section 6A-1 of this Code may, by ordinance
24or resolution, dissolve the county board of election
25commissioners and transfer its functions to the county clerk.
26(Source: P.A. 100-628, eff. 1-1-19; 101-81, eff. 7-12-19.)