093_SB0075eng

 
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 1        AN ACT concerning the courts.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Election  Code  is  amended by changing
 5    Sections 7-7 and 7-8 as follows:

 6        (10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
 7        Sec. 7-7.  For  the  purpose  of  making  nominations  in
 8    certain  instances  as provided in this Article and this Act,
 9    the following committees are authorized and shall  constitute
10    the  central  or managing committees of each political party,
11    viz: A State central committee, a congressional committee for
12    each congressional district, a county central  committee  for
13    each  county,  a  municipal  central committee for each city,
14    incorporated town or village, a ward  committeeman  for  each
15    ward  in cities containing a population of 500,000 or more; a
16    township committeeman for each township or part of a township
17    that lies outside of cities having a population of 200,000 or
18    more, in counties having a population of 2,000,000 or more; a
19    precinct committeeman for each precinct in counties having  a
20    population  of  less  than 2,000,000; a county board district
21    committee  for  each  county  board  district  created  under
22    Division  2-3  of  the  Counties  Code;  a  State's  Attorney
23    committee for each group of 2 or more counties which  jointly
24    elect  a  State's  Attorney; a Superintendent of Multi-County
25    Educational Service Region committee for each group of  2  or
26    more  counties  which  jointly  elect  a  Superintendent of a
27    Multi-County  Educational  Service  Region;  and  a  judicial
28    subcircuit committee  in  a  judicial  circuit  divided  into
29    subcircuits  Cook County for each judicial subcircuit in that
30    circuit Cook County.
31    (Source: P.A. 87-1052.)
 
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 1        (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
 2        Sec. 7-8.  The State central committee shall be  composed
 3    of one or two members from each congressional district in the
 4    State and shall be elected as follows:
 5                       State Central Committee
 6        (a)  Within  30  days  after  the  effective date of this
 7    amendatory Act of 1983 the State central  committee  of  each
 8    political party shall certify to the State Board of Elections
 9    which of the following alternatives it wishes to apply to the
10    State central committee of that party.
11        Alternative  A.  At the primary held on the third Tuesday
12    in March  1970,  and  at  the  primary  held  every  4  years
13    thereafter,  each  primary elector may vote for one candidate
14    of his party for member of the State  central  committee  for
15    the   congressional  district  in  which  he  resides.    The
16    candidate receiving the highest  number  of  votes  shall  be
17    declared   elected   State   central  committeeman  from  the
18    district. A political party may, in lieu of the foregoing, by
19    a majority vote of delegates at any State convention of  such
20    party,  determine  to  thereafter  elect  the  State  central
21    committeemen in the manner following:
22        At  the  county  convention  held by such political party
23    State central committeemen  shall  be  elected  in  the  same
24    manner  as  provided  in  this  Article  for  the election of
25    officers of the county central committee, and  such  election
26    shall  follow  the election of officers of the county central
27    committee.   Each  elected   ward,   township   or   precinct
28    committeeman  shall cast as his vote one vote for each ballot
29    voted in his ward, township, part of a township  or  precinct
30    in  the  last  preceding  primary  election  of his political
31    party. In the case of a county  lying  partially  within  one
32    congressional   district   and   partially   within   another
33    congressional  district,  each  ward,  township  or  precinct
34    committeeman   shall   vote   only   with   respect   to  the
 
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 1    congressional district in which his ward, township, part of a
 2    township  or  precinct  is  located.   In  the  case   of   a
 3    congressional   district  which  encompasses  more  than  one
 4    county, each ward, township or precinct committeeman residing
 5    within the congressional district shall cast as his vote  one
 6    vote  for  each ballot voted in his ward, township, part of a
 7    township or precinct in the last preceding  primary  election
 8    of  his  political  party  for one candidate of his party for
 9    member of the State central committee for  the  congressional
10    district  in which he resides and the Chairman  of the county
11    central committee shall report the results of the election to
12    the State Board of Elections. The State  Board  of  Elections
13    shall  certify  the candidate receiving the highest number of
14    votes   elected   State   central   committeeman   for   that
15    congressional district.
16        The State central committee shall adopt rules to  provide
17    for  and govern the procedures to be followed in the election
18    of members of the State central committee.
19        After the effective date of this amendatory  Act  of  the
20    91st  General  Assembly,  whenever  a  vacancy  occurs in the
21    office of Chairman of a State central committee,  or  at  the
22    end  of  the  term  of  office of Chairman, the State central
23    committee  of  each  political  party   that   has   selected
24    Alternative  A  shall  elect  a  Chairman  who  shall  not be
25    required to be a member of the State Central Committee.   The
26    Chairman shall be a registered voter in this State and of the
27    same political party as the State central committee.
28        Alternative   B.  Each   congressional  committee  shall,
29    within 30  days  after  the  adoption  of  this  alternative,
30    appoint  a  person  of the sex opposite that of the incumbent
31    member  for  that  congressional  district  to  serve  as  an
32    additional member of the State central committee until his or
33    her successor is elected at the general primary  election  in
34    1986.    Each   congressional   committee   shall  make  this
 
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 1    appointment by voting on the basis set forth in paragraph (e)
 2    of this  Section.  In  each  congressional  district  at  the
 3    general  primary  election  held  in  1986  and every 4 years
 4    thereafter, the male candidate receiving the  highest  number
 5    of  votes  of  the  party's male candidates for State central
 6    committeeman, and the female candidate receiving the  highest
 7    number  of  votes  of the party's female candidates for State
 8    central  committeewoman,  shall  be  declared  elected  State
 9    central committeeman and State  central  committeewoman  from
10    the  district.   At the general primary election held in 1986
11    and every 4 years thereafter, if all a party's candidates for
12    State central committeemen or  State  central  committeewomen
13    from  a  congressional  district  are  of  the  same sex, the
14    candidate receiving the highest  number  of  votes  shall  be
15    declared  elected  a  State  central  committeeman  or  State
16    central  committeewoman  from the district, and, because of a
17    failure to elect one male and one female to the committee,  a
18    vacancy  shall  be  declared  to  exist  in the office of the
19    second  member  of  the  State  central  committee  from  the
20    district.  This vacancy shall be filled by appointment by the
21    congressional committee  of  the  political  party,  and  the
22    person  appointed  to fill the vacancy shall be a resident of
23    the congressional district and of the sex  opposite  that  of
24    the  committeeman  or  committeewoman  elected at the general
25    primary election.  Each congressional  committee  shall  make
26    this  appointment  by  voting  on  the  basis  set  forth  in
27    paragraph (e) of this Section.
28        The  Chairman  of  a  State central committee composed as
29    provided in this Alternative B  must  be  selected  from  the
30    committee's members.
31        Except  as  provided for in Alternative A with respect to
32    the selection of the Chairman of the State central committee,
33    under both of the foregoing alternatives, the  State  central
34    committee  of  each  political  party  shall  be  composed of
 
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 1    members elected or appointed from the  several  congressional
 2    districts  of  the  State,  and of no other person or persons
 3    whomsoever.  The  members  of  the  State  central  committee
 4    shall,  within 30 days after each quadrennial election of the
 5    full committee, meet in the city of Springfield and  organize
 6    by  electing  a  chairman,  and  may  at such time elect such
 7    officers from among their own number (or otherwise), as  they
 8    may deem necessary or expedient. The outgoing chairman of the
 9    State  central  committee  of the party shall, 10 days before
10    the  meeting,  notify  each  member  of  the  State   central
11    committee  elected  at  the  primary of the time and place of
12    such meeting. In the  organization  and  proceedings  of  the
13    State  central committee, each State central committeeman and
14    State central committeewoman shall have  one  vote  for  each
15    ballot  voted  in  his  or  her congressional district by the
16    primary electors of his or her party at the primary  election
17    immediately  preceding  the  meeting  of  the  State  central
18    committee.  Whenever  a  vacancy  occurs in the State central
19    committee of any political party, the vacancy shall be filled
20    by  appointment  of  the  chairmen  of  the  county   central
21    committees  of  the  political  party of the counties located
22    within the congressional district in which the vacancy occurs
23    and, if applicable, the ward and township committeemen of the
24    political party in counties of 2,000,000 or more  inhabitants
25    located   within   the   congressional   district.    If  the
26    congressional district  in  which  the  vacancy  occurs  lies
27    wholly  within a county of 2,000,000 or more inhabitants, the
28    ward and township committeemen of the political party in that
29    congressional district shall vote to fill  the  vacancy.   In
30    voting to fill the vacancy, each chairman of a county central
31    committee and each ward and township committeeman in counties
32    of 2,000,000 or more inhabitants shall have one vote for each
33    ballot  voted  in each precinct of the congressional district
34    in which the vacancy exists of his or her  county,  township,
 
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 1    or  ward  cast by the primary electors of his or her party at
 2    the primary election immediately  preceding  the  meeting  to
 3    fill  the vacancy in the State central committee.  The person
 4    appointed to fill the vacancy shall  be  a  resident  of  the
 5    congressional  district in which the vacancy occurs, shall be
 6    a qualified voter, and, in a committee composed  as  provided
 7    in  Alternative  B,  shall  be  of the same sex as his or her
 8    predecessor. A political party may, by a majority vote of the
 9    delegates of any State convention of such party, determine to
10    return to the election  of  State  central  committeeman  and
11    State central committeewoman by the vote of primary electors.
12    Any  action  taken by a political party at a State convention
13    in accordance with this Section  shall  be  reported  to  the
14    State  Board  of  Elections  by the chairman and secretary of
15    such convention within 10 days after such action.
16              Ward, Township and Precinct Committeemen
17        (b)  At the primary held on the third Tuesday  in  March,
18    1972,  and  every 4 years thereafter, each primary elector in
19    cities having a population of 200,000 or over  may  vote  for
20    one candidate of his party in his ward for ward committeeman.
21    Each  candidate  for  ward committeeman must be a resident of
22    and  in  the  ward  where  he  seeks  to  be   elected   ward
23    committeeman.  The  one  having  the  highest number of votes
24    shall be such ward committeeman of such party for such  ward.
25    At  the  primary election held on the third Tuesday in March,
26    1970, and every 4 years thereafter, each primary  elector  in
27    counties  containing  a  population  of  2,000,000  or  more,
28    outside of cities containing a population of 200,000 or more,
29    may  vote  for  one  candidate  of  his  party  for  township
30    committeeman.  Each  candidate for township committeeman must
31    be a resident of and in the township or part  of  a  township
32    (which  lies outside of a city having a population of 200,000
33    or more, in counties containing a population of 2,000,000  or
34    more),  and  in which township or part of a township he seeks
 
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 1    to be elected  township  committeeman.  The  one  having  the
 2    highest  number  of votes shall be such township committeeman
 3    of such party for such township or part of a township. At the
 4    primary held on the third Tuesday in March, 1970 and every  2
 5    years  thereafter,  each  primary elector, except in counties
 6    having a population of 2,000,000 or over, may  vote  for  one
 7    candidate   of   his  party  in  his  precinct  for  precinct
 8    committeeman. Each candidate for precinct  committeeman  must
 9    be  a bona fide resident of the precinct where he seeks to be
10    elected precinct committeeman. The  one  having  the  highest
11    number  of  votes shall be such precinct committeeman of such
12    party for such precinct. The official returns of the  primary
13    shall  show  the  name  of the committeeman of each political
14    party.
15        Terms of Committeemen. All precinct committeemen  elected
16    under  the  provisions of this Article shall continue as such
17    committeemen until the date of the primary to be held in  the
18    second   year  after  their  election.  Except  as  otherwise
19    provided  in  this  Section   for   certain   State   central
20    committeemen  who  have  2  year  terms,  all  State  central
21    committeemen,  township  committeemen  and  ward committeemen
22    shall continue as such committeemen until the date of primary
23    to be held in the fourth year after their election.  However,
24    a  vacancy exists in the office of precinct committeeman when
25    a precinct committeeman ceases to reside in the  precinct  in
26    which  he  was  elected  and such precinct committeeman shall
27    thereafter neither have nor exercise any  rights,  powers  or
28    duties  as committeeman in that precinct, even if a successor
29    has not been elected or appointed.
30        (c)  The Multi-Township Central Committee  shall  consist
31    of   the   precinct   committeemen  of  such  party,  in  the
32    multi-township assessing district formed pursuant to  Section
33    2-10  of the Property Tax Code and shall be organized for the
34    purposes set forth in Section 45-25 of the Township Code.  In
 
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 1    the   organization  and  proceedings  of  the  Multi-Township
 2    Central Committee each precinct committeeman shall  have  one
 3    vote  for  each  ballot  voted in his precinct by the primary
 4    electors of his party at the primary at which he was elected.
 5                      County Central Committee
 6        (d)  The county central committee of each political party
 7    in  each  county  shall  consist  of  the  various   township
 8    committeemen, precinct committeemen and ward committeemen, if
 9    any,  of  such  party  in the county. In the organization and
10    proceedings of the county central  committee,  each  precinct
11    committeeman shall have one vote for each ballot voted in his
12    precinct  by the primary electors of his party at the primary
13    at which he was elected;  each  township  committeeman  shall
14    have  one  vote for each ballot voted in his township or part
15    of a township as the case may be by the primary  electors  of
16    his  party  at  the  primary  election  for the nomination of
17    candidates for election to the General  Assembly  immediately
18    preceding the meeting of the county central committee; and in
19    the  organization  and  proceedings  of  the  county  central
20    committee,  each  ward  committeeman  shall have one vote for
21    each ballot voted in his ward by the primary electors of  his
22    party   at   the  primary  election  for  the  nomination  of
23    candidates for election to the General  Assembly  immediately
24    preceding the meeting of the county central committee.
25                       Congressional Committee
26        (e)  The  congressional  committee  of each party in each
27    congressional district shall be composed of the  chairmen  of
28    the  county  central committees of the counties composing the
29    congressional  district,   except   that   in   congressional
30    districts wholly within the territorial limits of one county,
31    or partly within 2 or more counties, but not coterminous with
32    the  county  lines  of  all  of  such  counties, the precinct
33    committeemen, township committeemen and ward committeemen, if
34    any, of the  party  representing  the  precincts  within  the
 
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 1    limits  of  the  congressional  district,  shall  compose the
 2    congressional committee. A State central committeeman in each
 3    district shall be a  member  and  the  chairman  or,  when  a
 4    district  has  2 State central committeemen, a co-chairman of
 5    the congressional committee, but shall not have the right  to
 6    vote except in case of a tie.
 7        In  the  organization  and  proceedings  of congressional
 8    committees composed  of  precinct  committeemen  or  township
 9    committeemen   or   ward  committeemen,  or  any  combination
10    thereof, each precinct committeeman shall have one  vote  for
11    each  ballot voted in his precinct by the primary electors of
12    his party at the  primary  at  which  he  was  elected,  each
13    township  committeeman  shall  have  one vote for each ballot
14    voted in his township or part of a township as the  case  may
15    be  by  the  primary  electors  of  his  party at the primary
16    election   immediately   preceding   the   meeting   of   the
17    congressional committee, and  each  ward  committeeman  shall
18    have  one  vote for each ballot voted in each precinct of his
19    ward located in such congressional district  by  the  primary
20    electors  of  his  party  at the primary election immediately
21    preceding the meeting of the congressional committee; and  in
22    the  organization and proceedings of congressional committees
23    composed of the chairmen of the county central committees  of
24    the  counties  within  such  district,  each chairman of such
25    county central committee shall have one vote for each  ballot
26    voted  in  his county by the primary electors of his party at
27    the primary election immediately preceding the meeting of the
28    congressional committee.
29                     Judicial District Committee
30        (f)  The judicial district committee  of  each  political
31    party  in  each  judicial  district  shall be composed of the
32    chairman of the county central  committees  of  the  counties
33    composing the judicial district.
34        In  the organization and proceedings of judicial district
 
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 1    committees composed of the chairmen  of  the  county  central
 2    committees   of  the  counties  within  such  district,  each
 3    chairman of such county central committee shall have one vote
 4    for each ballot voted in his county by the  primary  electors
 5    of  his  party  at the primary election immediately preceding
 6    the meeting of the judicial district committee.
 7                       Circuit Court Committee
 8        (g)  The circuit court committee of each political  party
 9    in  each  judicial  circuit  outside  Cook  County  shall  be
10    composed  of the chairmen of the county central committees of
11    the counties composing the judicial circuit.
12        In the organization  and  proceedings  of  circuit  court
13    committees, each chairman of a county central committee shall
14    have  one  vote  for  each  ballot voted in his county by the
15    primary  electors  of  his  party  at  the  primary  election
16    immediately  preceding  the  meeting  of  the  circuit  court
17    committee.
18                    Judicial Subcircuit Committee
19        (g-1)  The  judicial   subcircuit   committee   of   each
20    political  party  in  each  judicial subcircuit in a judicial
21    circuit  divided  into  subcircuits  Cook  County  shall   be
22    composed  of  (i)  the  ward and township committeemen of the
23    townships and wards composing the judicial subcircuit in Cook
24    County and (ii) the precinct committeemen  of  the  precincts
25    composing  the  judicial  subcircuit in any county other than
26    Cook County.
27        In the organization  and  proceedings  of  each  judicial
28    subcircuit  committee,  each township committeeman shall have
29    one vote for each ballot voted in his township or part  of  a
30    township,  as  the case may be, in the judicial subcircuit by
31    the primary electors of his party  at  the  primary  election
32    immediately  preceding the meeting of the judicial subcircuit
33    committee; and each ward committeeman shall have one vote for
34    each ballot voted in his ward or part of a ward, as the  case
 
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 1    may be, in the judicial subcircuit by the primary electors of
 2    his  party  at the primary election immediately preceding the
 3    meeting of the judicial subcircuit committee.
 4                     Municipal Central Committee
 5        (h)  The municipal central committee  of  each  political
 6    party  shall  be  composed  of the precinct, township or ward
 7    committeemen, as the case may be, of such party  representing
 8    the  precincts  or wards, embraced in such city, incorporated
 9    town or  village.  The  voting  strength  of  each  precinct,
10    township  or  ward  committeeman  on  the  municipal  central
11    committee  shall  be  the  same as his voting strength on the
12    county central committee.
13        For political parties, other than a  statewide  political
14    party,  established  only  within a municipality or township,
15    the  municipal  or  township  managing  committee  shall   be
16    composed  of  the  party  officers  of  the local established
17    party.  The party officers of a local established party shall
18    be as follows: the chairman and secretary of the  caucus  for
19    those  municipalities  and townships authorized by statute to
20    nominate candidates by caucus shall serve as  party  officers
21    for  the  purpose  of  filling  vacancies in nomination under
22    Section 7-61; for municipalities and townships authorized  by
23    statute  or  ordinance to nominate candidates by petition and
24    primary election, the party officers  shall  be  the  party's
25    candidates  who  are  nominated  at the primary.  If no party
26    primary was held because of the provisions  of  Section  7-5,
27    vacancies  in  nomination  shall  be  filled  by  the party's
28    remaining candidates who shall serve as the party's officers.
29                               Powers
30        (i)  Each committee  and  its  officers  shall  have  the
31    powers  usually  exercised  by  such  committees  and  by the
32    officers thereof, not inconsistent  with  the  provisions  of
33    this  Article.  The  several  committees  herein provided for
34    shall not have power to delegate  any  of  their  powers,  or
 
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 1    functions to any other person, officer or committee, but this
 2    shall not be construed to prevent a committee from appointing
 3    from its own membership proper and necessary subcommittees.
 4        (j)  The  State  central  committee  of a political party
 5    which elects it members by Alternative B under paragraph  (a)
 6    of  this  Section  shall  adopt  a plan to give effect to the
 7    delegate selection rules of the national political party  and
 8    file  a  copy  of such plan with the State Board of Elections
 9    when approved by a national political party.
10        (k)  For the purpose of the designation of a proxy  by  a
11    Congressional  Committee  to vote in place of an absent State
12    central committeeman or committeewoman  at  meetings  of  the
13    State central committee of a political party which elects its
14    members by Alternative B under paragraph (a) of this Section,
15    the  proxy  shall  be  appointed  by the vote of the ward and
16    township committeemen, if any, of  the  wards  and  townships
17    which  lie  entirely  or  partially  within the Congressional
18    District from which the absent State central committeeman  or
19    committeewoman  was  elected  and the vote of the chairmen of
20    the county central committees of  those  counties  which  lie
21    entirely  or partially within that Congressional District and
22    in which there are no ward  or  township  committeemen.  When
23    voting  for such proxy the county chairman, ward committeeman
24    or township committeeman, as the case may be shall  have  one
25    vote  for  each ballot voted in his county, ward or township,
26    or portion thereof within the Congressional District, by  the
27    primary  electors of his party at the primary at which he was
28    elected. However, the absent State  central  committeeman  or
29    committeewoman  may  designate  a proxy when permitted by the
30    rules of a  political  party  which  elects  its  members  by
31    Alternative B under paragraph (a) of this Section.
32    (Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)

33        Section 10. The Circuit Courts Act is amended by changing
 
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 1    Sections  1, 2, 2a, and 2b and by adding Sections 2f-1, 2f-2,
 2    2f-3, 2f-4, 2f-5, 2f-6, and 2f-7 as follows:

 3        (705 ILCS 35/1) (from Ch. 37, par. 72.1)
 4        Sec. 1.  Judicial circuits created. The  county  of  Cook
 5    shall  be  one  judicial  circuit  and the State of Illinois,
 6    exclusive of the county of Cook, shall be and is divided into
 7    judicial circuits as follows:
 8        First  Circuit--The  counties  of   Alexander,   Pulaski,
 9    Massac, Pope, Johnson, Union, Jackson, Williamson and Saline.
10        Second  Circuit--The counties of Hardin, Gallatin, White,
11    Hamilton,  Franklin,  Wabash,  Edwards,   Wayne,   Jefferson,
12    Richland, Lawrence and Crawford.
13        Third Circuit--The counties of Madison and Bond.
14        Fourth  Circuit--The  counties  of Clinton, Marion, Clay,
15    Fayette, Effingham, Jasper, Montgomery, Shelby and Christian.
16        Fifth Circuit--The counties of Vermilion,  Edgar,  Clark,
17    Cumberland and Coles.
18        Sixth   Circuit--The   counties  of  Champaign,  Douglas,
19    Moultrie, Macon, DeWitt and Piatt.
20        Seventh  Circuit--The  counties  of  Sangamon,  Macoupin,
21    Morgan, Scott, Greene and Jersey.
22        Eighth Circuit--The counties of Adams,  Schuyler,  Mason,
23    Cass, Brown, Pike, Calhoun and Menard.
24        Ninth  Circuit--The  counties of Knox, Warren, Henderson,
25    Hancock, McDonough and Fulton.
26        Tenth Circuit--The counties of Peoria, Marshall,  Putnam,
27    Stark and Tazewell.
28        Eleventh  Circuit--The  counties  of  McLean, Livingston,
29    Logan, Ford and Woodford.
30        Twelfth Circuit--The county of Will.
31        Thirteenth Circuit--The counties of Bureau,  LaSalle  and
32    Grundy.
33        Fourteenth  Circuit--The counties of Rock Island, Mercer,
 
SB75 Engrossed              -14-     LRB093 03372 JAM 03390 b
 1    Whiteside and Henry.
 2        Fifteenth Circuit--The counties of JoDaviess, Stephenson,
 3    Carroll, Ogle and Lee.
 4        Sixteenth  Circuit--The  counties  of  Kane,  DeKalb  and
 5    Kendall.
 6        Seventeenth Circuit--The counties of Winnebago and Boone.
 7        Eighteenth Circuit--The county of DuPage.
 8        Nineteenth Circuit--Before December 4, 2006, the counties
 9    of Lake and McHenry. On  and  after  December  4,  2006,  the
10    County of Lake.
11        Twentieth  Circuit--The counties of Randolph, Monroe, St.
12    Clair, Washington and Perry.
13        Twenty-first  Circuit--The  counties  of   Iroquois   and
14    Kankakee.
15        Twenty-second Circuit--On and after December 4, 2006, the
16    County of McHenry.
17    (Source: P.A. 84-1030.)

18        (705 ILCS 35/2) (from Ch. 37, par. 72.2)
19        Sec. 2.  Circuit judges elected at large.
20        (a)  Circuit  judges  shall  be  elected  at  the general
21    elections and for terms as provided  in  Article  VI  of  the
22    Illinois  Constitution.  Ninety-four  circuit judges shall be
23    elected in the Circuit of Cook  County.  Notwithstanding  any
24    other  provision of this Act or any other law, (i) no circuit
25    judges shall be elected at large in the 3rd,  18th,  or  20th
26    judicial  circuit  beginning  with the 2006 general election,
27    (ii) 3 circuit judges,  including  the  judgeship  authorized
28    under  Section  2f-3,  shall  be elected at large in the 22nd
29    judicial circuit beginning with the  2006  general  election,
30    (iii)  4 circuit judges shall be elected at large in the 12th
31    judicial circuit beginning with the  2006  general  election,
32    and  (iv)  4  circuit judges shall be elected at large in the
33    19th  judicial  circuit  beginning  with  the  2006   general
 
SB75 Engrossed              -15-     LRB093 03372 JAM 03390 b
 1    election.
 2        (b)  Three  and 3 circuit judges shall be elected in each
 3    of the other circuits, but in circuits other than Cook County
 4    containing a population of 230,000 or more inhabitants and in
 5    which there is included a county containing a  population  of
 6    200,000  or  more inhabitants, or in circuits other than Cook
 7    County  containing  a   population   of   270,000   or   more
 8    inhabitants,  according  to the last preceding federal census
 9    and in the circuit where the  seat  of  State  government  is
10    situated  at  the  time  fixed  by  law for the nomination of
11    judges of the Circuit  Court  in  such  circuit  and  in  any
12    circuit which meets the requirements set out in Section 2a of
13    this  Act,  4  circuit  judges shall be elected in the manner
14    provided by law.  In circuits other than Cook County in which
15    each county in the circuit has a  population  of  475,000  or
16    more,  4 circuit judges shall be elected in addition to the 4
17    circuit judges provided for in this Section. In  any  circuit
18    composed  of  2 counties having a total population of 350,000
19    or more, one circuit judge shall be elected  in  addition  to
20    the  4  circuit  judges  provided  for  in this Section. This
21    subsection (b) does not apply to the circuit of  Cook  County
22    or,  on  and  after December 4, 2006, to the 3rd, 12th, 18th,
23    19th, 20th, and 22nd circuits.
24        (c)  The several judges of the  circuit  courts  of  this
25    State, before entering upon the duties of their office, shall
26    take  and  subscribe the following oath or affirmation, which
27    shall be filed in the office of the Secretary of State:
28        "I do solemnly swear (or affirm, as the case may be) that
29    I will support the constitution of the United States, and the
30    constitution of the  State  of  Illinois,  and  that  I  will
31    faithfully  discharge  the  duties  of  judge  of....  court,
32    according to the best of my ability."
33        (d)  One   of   the   3   additional  circuit  judgeships
34    authorized by this amendatory Act in circuits other than Cook
 
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 1    County in which each county in the circuit has  a  population
 2    of  475,000  or more may be filled when this Act becomes law.
 3    The 2 remaining circuit judgeships in such circuits shall not
 4    be filled until on or after July 1, 1977.
 5    (Source: P.A. 86-786; 86-1478.)

 6        (705 ILCS 35/2a) (from Ch. 37, par. 72.2a)
 7        Sec. 2a.  Additional judges; State institutions.  In  any
 8    circuit, other than Cook County and, on and after December 4,
 9    2006,  other  than  the 3rd, 12th, 18th, 19th, 20th, and 22nd
10    circuits,  in  which  is  situated  any   State   institution
11    providing  educational  or  welfare  facilities for more than
12    25,000 persons, 4 circuit judges shall be elected unless that
13    circuit is entitled to a greater number under Section 2.
14    (Source: P. A. 76-2067.)

15        (705 ILCS 35/2b) (from Ch. 37, par. 72.2b)
16        Sec. 2b.  Additional judges; universities and other State
17    facilities. In addition  to  the  number  of  circuit  judges
18    authorized under Section 2 or Section 2a, whichever number is
19    greater,  one  additional  circuit  judge shall be elected in
20    each circuit, other  than  Cook  County  and,  on  and  after
21    December 4, 2006, other than the 3rd, 12th, 18th, 19th, 20th,
22    and  22nd  circuits,  having  a population of 230,000 or more
23    inhabitants in which there is included a county containing  a
24    population  of  200,000  or  more  inhabitants  and  in which
25    circuit there is situated  one  or  more  State  colleges  or
26    universities and one or more State Mental Health Institutions
27    and  two  or  more  State Institutions for Juvenile Offenders
28    under  the  authority   of   the   Illinois   Department   of
29    Corrections, each of which institutions has been in existence
30    for  more  than  20  years  on  the  effective  date  of this
31    amendatory Act of 1970.
32    (Source: P. A. 76-2022.)
 
SB75 Engrossed              -17-     LRB093 03372 JAM 03390 b
 1        (705 ILCS 35/2f-1 new)
 2        Sec. 2f-1.  19th and 22nd judicial circuits.
 3        (a)  On December 4, 2006, the 19th  judicial  circuit  is
 4    divided  into the 19th and 22nd judicial circuits as provided
 5    in Section 1 of the Circuit Courts Act.  This  division  does
 6    not  invalidate any action taken by the 19th judicial circuit
 7    or any of its judges, officers, employees, or  agents  before
 8    December  4, 2006. This division does not affect any person's
 9    rights, obligations, or duties,  including  applicable  civil
10    and  criminal  penalties,  arising out of any action taken by
11    the 19th judicial circuit or any  of  its  judges,  officers,
12    employees, or agents before December 4, 2006.
13        (b)  Of  the 7 circuit judgeships elected at large in the
14    19th circuit before the general election in 2006, the Supreme
15    Court shall assign 5 to the 19th circuit and 2  to  the  22nd
16    circuit,  based  on  residency  of  the  circuit  judges then
17    holding those judgeships. The 5 assigned to the 19th  circuit
18    shall  become  at  large  or  resident  judges as provided in
19    Section 2f-2. The  2  assigned  to  the  22nd  circuit  shall
20    continue to be elected at large.
21        (c)  The  6  resident judgeships elected from Lake County
22    before the general election in  2006  shall  become  resident
23    judgeships in the 19th circuit on December 4, 2006, and the 3
24    resident  judgeships  elected  from McHenry County before the
25    general election in 2006 shall become resident judgeships  in
26    the 22nd circuit on December 4, 2006.
27        (d)  On   December  4,  2006,  the  Supreme  Court  shall
28    allocate the associate judgeships of the 19th circuit  before
29    that  date  between  the  19th and 22nd circuits based on the
30    population of those circuits.
31        (e)  On  December  4,  2006,  the  Supreme  Court   shall
32    allocate personnel, books, records, documents, property (real
33    and   personal),  funds,  assets,  liabilities,  and  pending
34    matters concerning the 19th circuit before that date  between
 
SB75 Engrossed              -18-     LRB093 03372 JAM 03390 b
 1    the  19th  and  22nd  circuits  based  on  the population and
 2    staffing needs of those circuits and the efficient and proper
 3    administration  of  the  judicial  system.  The   rights   of
 4    employees  under  applicable collective bargaining agreements
 5    are not affected by this amendatory Act of the  93rd  General
 6    Assembly.
 7        (f)  The judgeships set forth in this Section include the
 8    judgeships  authorized  under  Sections  2g,  2h, and 2j. The
 9    judgeships authorized in those Sections are not  in  addition
10    to those set forth in this Section.

11        (705 ILCS 35/2f-2 new)
12        Sec.    2f-2.  19th    judicial   circuit;   subcircuits;
13    additional judges.
14        (a)  The  19th  circuit   shall   be   divided   into   4
15    subcircuits.   The  subcircuits shall be compact, contiguous,
16    and substantially equal in population.  The General  Assembly
17    shall  create  the subcircuits by law on or before January 1,
18    2005, using population data as determined by the 2000 federal
19    census.
20        (a-5)  One of the  19th  circuit's  5  at  large  circuit
21    judgeships  shall  be  allotted  as  a  19th circuit resident
22    judgeship  under  subsection  (c)  as  the  first  at   large
23    judgeship  becomes  vacant  on or after the effective date of
24    this amendatory Act of the 93rd General Assembly. As used  in
25    this subsection, a vacancy does not include the expiration of
26    a  term  of  an  at  large  judge who seeks retention in that
27    office at the next term.
28        (b)  The 19th circuit shall have  5  additional  resident
29    judgeships,  as well as one former at large circuit judgeship
30    and its 6 existing resident judgeships, for  a  total  of  12
31    resident  judgeships.   The  5 additional resident judgeships
32    created by this amendatory Act of the 93rd  General  Assembly
33    shall  each  be  filled  by election beginning at the general
 
SB75 Engrossed              -19-     LRB093 03372 JAM 03390 b
 1    election in  2006.   The  5  additional  resident  judgeships
 2    created  by  this amendatory Act of the 93rd General Assembly
 3    shall not be filled by appointment before  the  2006  general
 4    election.
 5        (c)  The  Supreme  Court shall allot (i) the additional 5
 6    resident judgeships created by this  amendatory  Act  of  the
 7    93rd   General  Assembly,  (ii)  all  vacancies  in  resident
 8    judgeships existing on or occurring on or after the effective
 9    date of this amendatory Act of the 93rd General Assembly  and
10    not  filled at the 2004 general election, with respect to the
11    other resident judgeships of the  nineteenth  circuit,  (iii)
12    the  resident  judgeships  of  the 19th circuit filled at the
13    2004 general election as those judgeships  thereafter  become
14    vacant,  and  (iv) one at large judgeship of the 19th circuit
15    as  it  becomes  a  resident  judgeship  in  accordance  with
16    subsection (a-5), for election from the  various  subcircuits
17    until  there are 3 resident judges to be elected from each of
18    4 subcircuits. No resident or at  large  judge  of  the  19th
19    circuit  serving on the effective date of this amendatory Act
20    of the 93rd General Assembly shall be required to change  his
21    or her residency in order to continue serving in office or to
22    seek  retention in office as resident judgeships are allotted
23    by the Supreme Court in accordance with this Section.
24        (d)  As  soon  as  possible  after  the  subcircuits  are
25    created by law, the Supreme Court shall determine  by  lot  a
26    numerical  order for the 4 subcircuits.  That numerical order
27    shall be the basis for the order in which resident judgeships
28    are assigned to the subcircuits.  After the  first  round  of
29    assignments,  the  second and all later rounds shall be based
30    on the same numerical order.  Once a  resident  judgeship  is
31    assigned to a subcircuit, it shall continue to be assigned to
32    that subcircuit for all purposes.
33        (e)  A  resident judge of a subcircuit must reside in the
34    subcircuit and must continue to reside in that subcircuit  as
 
SB75 Engrossed              -20-     LRB093 03372 JAM 03390 b
 1    long as he or she holds that office.
 2        (f)  Vacancies in resident judgeships of the 19th circuit
 3    shall  be  filled in the manner provided in Article VI of the
 4    Illinois Constitution.

 5        (705 ILCS 35/2f-3 new)
 6        Sec.  2f-3.  Additional  circuit  judge;  22nd   judicial
 7    circuit.
 8        (a)  In   addition   to  the  number  of  circuit  judges
 9    otherwise  authorized  by  this  Act,  there  shall  be   one
10    additional  judge in the 22nd circuit who shall be a resident
11    of and elected from the circuit at large.
12        (b)  The additional judgeship  created  by  this  Section
13    shall  be filled beginning with the 2006 general election and
14    shall not be filled by appointment before then.

15        (705 ILCS 35/2f-4 new)
16        Sec. 2f-4.  12th circuit; subcircuits; additional judges.
17        (a)  The  12th  circuit   shall   be   divided   into   5
18    subcircuits.   The  subcircuits shall be compact, contiguous,
19    and substantially equal in population.  The General  Assembly
20    shall  create  the subcircuits by law on or before January 1,
21    2005, using population data as determined by the 2000 federal
22    census.
23        (a-5)  Four of the 12th  circuit's  8  at  large  circuit
24    judgeships   shall  be  allotted  as  12th  circuit  resident
25    judgeships under subsection (c)  as  the  first  4  at  large
26    judgeships  become  vacant  on or after the effective date of
27    this amendatory Act of the 93rd General Assembly. As used  in
28    this subsection, a vacancy does not include the expiration of
29    a  term  of  an  at  large  judge who seeks retention in that
30    office at the next term.
31        (b)  The 12th circuit shall have  4  additional  resident
32    judgeships, as well as its 2 existing resident judgeships and
 
SB75 Engrossed              -21-     LRB093 03372 JAM 03390 b
 1    4  former  at  large  judgeships,  for a total of 10 resident
 2    judgeships.  The 4 additional resident judgeships created  by
 3    this  amendatory  Act of the 93rd General Assembly shall each
 4    be filled by election beginning at the  general  election  in
 5    2006.   The  4 additional resident judgeships created by this
 6    amendatory Act of the 93rd  General  Assembly  shall  not  be
 7    filled by appointment before the 2006 general election.
 8        (c)  The  Supreme  Court shall allot (i) the additional 4
 9    resident judgeships created by this  amendatory  Act  of  the
10    93rd   General  Assembly,  (ii)  all  vacancies  in  resident
11    judgeships existing on or occurring on or after the effective
12    date of this amendatory Act of the 93rd General Assembly  and
13    not  filled at the 2004 general election, with respect to the
14    other resident judgeships of  the  12th  circuit,  (iii)  the
15    resident  judgeships  of  the 12th circuit filled at the 2004
16    general  election  as  those  judgeships  thereafter   become
17    vacant, and (iv) 4 at large judgeships of the 12th circuit as
18    they become resident judgeships in accordance with subsection
19    (a-5),  for election from the various subcircuits until there
20    are 2 resident judges to  be  elected  from  each  of  the  5
21    subcircuits.  No  resident  or  at  large  judge  of the 12th
22    circuit serving on the effective date of this amendatory  Act
23    of  the 93rd General Assembly shall be required to change his
24    or her residency in order to continue serving in office or to
25    seek retention in office as resident judgeships are  allotted
26    by the Supreme Court in accordance with this Section.
27        (d)  As  soon  as  possible  after  the  subcircuits  are
28    created  by  law,  the Supreme Court shall determine by lot a
29    numerical order for the 5 subcircuits.  That numerical  order
30    shall be the basis for the order in which resident judgeships
31    are  assigned  to  the  subcircuits. After the first round of
32    assignments, the second round shall  be  based  on  the  same
33    numerical  order.  Once a resident judgeship is assigned to a
34    subcircuit,  it  shall  continue  to  be  assigned  to   that
 
SB75 Engrossed              -22-     LRB093 03372 JAM 03390 b
 1    subcircuit for all purposes.
 2        (e)  A  resident judge of a subcircuit must reside in the
 3    subcircuit and must continue to reside in that subcircuit  as
 4    long as he or she holds that office.
 5        (f)  Vacancies in resident judgeships of the 12th circuit
 6    shall  be  filled in the manner provided in Article VI of the
 7    Illinois Constitution.

 8        (705 ILCS 35/2f-5 new)
 9        Sec. 2f-5.  18th circuit; subcircuits; additional judges.
10        (a)  The  18th  circuit   shall   be   divided   into   6
11    subcircuits.   The  subcircuits shall be compact, contiguous,
12    and substantially equal in population.  The General  Assembly
13    shall  create  the subcircuits by law on or before January 1,
14    2005, using population data as determined by the 2000 federal
15    census.
16        (a-5)  The 18th circuit's 12 at large circuit  judgeships
17    shall  be  allotted as 18th circuit resident judgeships under
18    subsection (c) as each  at  large  judgeship  becomes  vacant
19    after  the  effective date of this amendatory Act of the 93rd
20    General Assembly. As used in this subsection, a vacancy  does
21    not include the expiration of a term of an at large judge who
22    seeks retention in that office at the next term.
23        (b)  The  18th  circuit  shall have 4 additional resident
24    judgeships, as well as its 2 existing resident judgeships and
25    12 former at large judgeships, for a  total  of  18  resident
26    judgeships.   The 4 additional resident judgeships created by
27    this amendatory Act of the 93rd General Assembly  shall  each
28    be  filled  by  election beginning at the general election in
29    2006.  The 4 additional resident judgeships created  by  this
30    amendatory  Act  of  the  93rd  General Assembly shall not be
31    filled by appointment before the 2006 general election.
32        (c)  The Supreme Court shall allot (i) the  additional  4
33    resident  judgeships  created  by  this amendatory Act of the
 
SB75 Engrossed              -23-     LRB093 03372 JAM 03390 b
 1    93rd  General  Assembly,  (ii)  all  vacancies  in   resident
 2    judgeships existing on or occurring on or after the effective
 3    date  of this amendatory Act of the 93rd General Assembly and
 4    not filled at the 2004 general election, with respect to  the
 5    other  resident  judgeships  of  the  18th circuit, (iii) the
 6    resident judgeships of the 18th circuit filled  at  the  2004
 7    general   election  as  those  judgeships  thereafter  become
 8    vacant, and (iv) all at large judgeships of the 18th  circuit
 9    as   they  become  resident  judgeships  in  accordance  with
10    subsection (a-5), for election from the  various  subcircuits
11    until  there are 3 resident judges to be elected from each of
12    6 subcircuits. No resident or at  large  judge  of  the  18th
13    circuit  serving on the effective date of this amendatory Act
14    of the 93rd General Assembly shall be required to change  his
15    or her residency in order to continue serving in office or to
16    seek  retention in office as resident judgeships are allotted
17    by the Supreme Court in accordance with this Section.
18        (d)  As  soon  as  possible  after  the  subcircuits  are
19    created by law, the Supreme Court shall determine  by  lot  a
20    numerical  order for the 6 subcircuits.  That numerical order
21    shall be the basis for the order in which resident judgeships
22    are assigned to the subcircuits. After  the  first  round  of
23    assignments,  the  second  and third rounds shall be based on
24    the same  numerical  order.  Once  a  resident  judgeship  is
25    assigned to a subcircuit, it shall continue to be assigned to
26    that subcircuit for all purposes.
27        (e)  A  resident judge of a subcircuit must reside in the
28    subcircuit and must continue to reside in that subcircuit  as
29    long as he or she holds that office.
30        (f)  Vacancies in resident judgeships of the 18th circuit
31    shall  be  filled in the manner provided in Article VI of the
32    Illinois Constitution.

33        (705 ILCS 35/2f-6 new)
 
SB75 Engrossed              -24-     LRB093 03372 JAM 03390 b
 1        Sec. 2f-6.  3rd circuit; subcircuits.
 2        (a)  The 3rd circuit shall be divided into 9 subcircuits.
 3    Bond County shall be  a  subcircuit.   Madison  County  shall
 4    contain  8  subcircuits.  The  subcircuits  in Madison County
 5    shall be compact,  contiguous,  and  substantially  equal  in
 6    population.    The   General   Assembly   shall   create  the
 7    subcircuits in Madison County by law on or before January  1,
 8    2005, using population data as determined by the 2000 federal
 9    census.
10        (a-5)  The  3rd  circuit's  5 at large circuit judgeships
11    shall be allotted as 3rd circuit  resident  judgeships  under
12    subsection  (c)  as each at large judgeship becomes vacant on
13    or after the effective date of this  amendatory  Act  of  the
14    93rd  General Assembly. As used in this subsection, a vacancy
15    does not include the expiration of a  term  of  an  at  large
16    judge who seeks retention in that office at the next term.
17        (b)  The  3rd  circuit shall have its 4 existing resident
18    judgeships and 5 former at large judgeships, for a total of 9
19    resident judgeships.
20        (c)  When the existing resident judgeship in Bond  County
21    becomes vacant, that judgeship shall be allotted for election
22    from  the  Bond  County  subcircuit.   With  respect to the 8
23    subcircuits in Madison County, the Supreme Court shall  allot
24    (i)  all  vacancies  in  resident  judgeships  existing on or
25    occurring on or after the effective date of  this  amendatory
26    Act  of  the 93rd General Assembly and not filled at the 2004
27    general election, (ii) the resident  judgeships  of  the  3rd
28    circuit   filled  at  the  2004  general  election  as  those
29    judgeships thereafter become vacant, and (iii) the  at  large
30    judgeships  of  the  3rd  circuit  as  they  become  resident
31    judgeships  in accordance with subsection (a-5), for election
32    from the various subcircuits in Madison County until there is
33    one  resident  judge  to  be  elected  from  each  of  the  8
34    subcircuits in Madison County. No resident or at large  judge
 
SB75 Engrossed              -25-     LRB093 03372 JAM 03390 b
 1    of  the  3rd  circuit  serving  on the effective date of this
 2    amendatory Act of the 93rd General Assembly shall be required
 3    to change his or her residency in order to  continue  serving
 4    in  office  or  to  seek  retention  in  office  as  resident
 5    judgeships  are  allotted  by the Supreme Court in accordance
 6    with this Section.
 7        (d)  As  soon  as  possible  after  the  subcircuits  are
 8    created by law, the Supreme Court shall determine  by  lot  a
 9    numerical  order  for  the  8  subcircuits in Madison County.
10    That numerical order shall be the  basis  for  the  order  in
11    which  resident judgeships are assigned to the subcircuits in
12    Madison County.  Once a resident judgeship is assigned  to  a
13    subcircuit,   it  shall  continue  to  be  assigned  to  that
14    subcircuit for all purposes.
15        (e)  A resident judge of a subcircuit must reside in  the
16    subcircuit  and must continue to reside in that subcircuit as
17    long as he or she holds that office.
18        (f)  Vacancies in resident judgeships of the 3rd  circuit
19    shall  be  filled in the manner provided in Article VI of the
20    Illinois Constitution.

21        (705 ILCS 35/2f-7 new)
22        Sec. 2f-7.  20th circuit; subcircuits.
23        (a)  The  20th  circuit  shall   be   divided   into   12
24    subcircuits.   Monroe  County, Randolph County, Perry County,
25    and Washington County shall each be a subcircuit.  St.  Clair
26    County  shall  contain 8 subcircuits.  The subcircuits in St.
27    Clair County shall be compact, contiguous, and  substantially
28    equal  in  population.  The General Assembly shall create the
29    subcircuits in St. Clair County by law on or  before  January
30    1,  2005,  using  population  data  as determined by the 2000
31    federal census.
32        (a-5)  The 20th circuit's 5 at large  circuit  judgeships
33    shall  be  allotted as 20th circuit resident judgeships under
 
SB75 Engrossed              -26-     LRB093 03372 JAM 03390 b
 1    subsection (c) as each  at  large  judgeship  becomes  vacant
 2    after  the  effective date of this amendatory Act of the 93rd
 3    General Assembly. As used in this subsection, a vacancy  does
 4    not include the expiration of a term of an at large judge who
 5    seeks retention in that office at the next term.
 6        (b)  The  20th circuit shall have its 7 existing resident
 7    judgeships and 5 former at large judgeships, for a  total  of
 8    12 resident judgeships.
 9        (c)  When   an  existing  resident  judgeship  in  Monroe
10    County, Randolph County, Perry County, or  Washington  County
11    becomes vacant, that judgeship shall be allotted for election
12    from  the  subcircuit  of  the  county  in  which the vacancy
13    occurs. With respect  to  the  8  subcircuits  in  St.  Clair
14    County,  the  Supreme  Court shall allot (i) all vacancies in
15    resident judgeships existing on or occurring on or after  the
16    effective  date  of  this  amendatory Act of the 93rd General
17    Assembly and not filled at the 2004  general  election,  (ii)
18    the  resident  judgeships  of  the 20th circuit filled at the
19    2004 general election as those judgeships  thereafter  become
20    vacant, and (iii) all at large judgeships of the 20th circuit
21    as   they  become  resident  judgeships  in  accordance  with
22    subsection (a-5), for election from the  various  subcircuits
23    in  St.  Clair County until there is one resident judge to be
24    elected from each of the 8 subcircuits in St.  Clair  County.
25    No  resident or at large judge of the 20th circuit serving on
26    the effective date of this amendatory Act of the 93rd General
27    Assembly shall be required to change his or her residency  in
28    order  to  continue serving in office or to seek retention in
29    office as resident judgeships are  allotted  by  the  Supreme
30    Court in accordance with this Section.
31        (d)  As  soon  as  possible  after  the  subcircuits  are
32    created  by  law,  the Supreme Court shall determine by lot a
33    numerical order for the 8 subcircuits in  St.  Clair  County.
34    That  numerical  order  shall  be  the basis for the order in
 
SB75 Engrossed              -27-     LRB093 03372 JAM 03390 b
 1    which resident judgeships are assigned to the subcircuits  in
 2    St.  Clair County. Once a resident judgeship is assigned to a
 3    subcircuit,  it  shall  continue  to  be  assigned  to   that
 4    subcircuit for all purposes.
 5        (e)  A  resident judge of a subcircuit must reside in the
 6    subcircuit and must continue to reside in that subcircuit  as
 7    long as he or she holds that office.
 8        (f)  Vacancies in resident judgeships of the 20th circuit
 9    shall  be  filled in the manner provided in Article VI of the
10    Illinois Constitution.

11        Section 15.  The Judicial Vacancies  Act  is  amended  by
12    changing Section 2 as follows:

13        (705 ILCS 40/2) (from Ch. 37, par. 72.42)
14        Sec.  2.  (a)  Except as provided in paragraphs (1), (2),
15    (3), and (4), and (5) of this subsection  (a),  vacancies  in
16    the  office  of  a resident circuit judge in any county or in
17    any unit or subcircuit of any circuit shall not be filled.
18             (1)  If  in  any  county   of   less   than   45,000
19        inhabitants  there  remains  in  office no other resident
20        judge following the occurrence of a vacancy, such vacancy
21        shall be filled.
22             (2)  If in any county of 45,000  or  more  but  less
23        than  60,000 inhabitants there remains in office only one
24        resident judge following the  occurrence  of  a  vacancy,
25        such vacancy shall be filled.
26             (3)  If in any county of 60,000 or more inhabitants,
27        other than the County of Cook or as provided in paragraph
28        (5),  there  remain  in  office  no  more than 2 resident
29        judges  following  the  occurrence  of  a  vacancy,  such
30        vacancy shall be filled.
31             (4)  The County of  Cook  shall  have  165  resident
32        judges on and after the effective date of this amendatory
 
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 1        Act  of 1990.  Of those resident judgeships, (i) 56 shall
 2        be those authorized before the  effective  date  of  this
 3        amendatory  Act  of  1990 from the unit of the Circuit of
 4        Cook County  within  Chicago,  (ii)  27  shall  be  those
 5        authorized  before  the effective date of this amendatory
 6        Act of 1990 from the unit of the Circuit of  Cook  County
 7        outside  Chicago,  (iii)  12 shall be additional resident
 8        judgeships first  elected  at  the  general  election  in
 9        November  of  1992,  (iv) 10 shall be additional resident
10        judgeships first  elected  at  the  general  election  in
11        November of 1994, and (v) 60 shall be additional resident
12        judgeships  to  be authorized one each for each reduction
13        upon vacancy in the office  of  associate  judge  in  the
14        Circuit  of Cook County as those vacancies exist or occur
15        on and after the effective date of this amendatory Act of
16        1990  and  as  those  vacancies  are   determined   under
17        subsection  (b)  of Section 2 of the Associate Judges Act
18        until the total resident judgeships authorized under this
19        item (v) is 60.  Seven  of  the  12  additional  resident
20        judgeships  provided  in  item  (iii)  may  be  filled by
21        appointment  by  the  Supreme  Court  during  the  period
22        beginning on the effective date of this amendatory Act of
23        1990 and ending 60 days before the  primary  election  in
24        March  of  1992;  those  judicial  appointees shall serve
25        until the first Monday in December of 1992.  Five of  the
26        12  additional resident judgeships provided in item (iii)
27        may be filled by appointment by the Supreme Court  during
28        the  period  beginning  July  1,  1991 and ending 60 days
29        before the primary  election  in  March  of  1992;  those
30        judicial appointees shall serve until the first Monday in
31        December  of  1992.   Five  of the 10 additional resident
32        judgeships  provided  in  item  (iv)  may  be  filled  by
33        appointment  by  the  Supreme  Court  during  the  period
34        beginning July 1, 1992 and  ending  60  days  before  the
 
SB75 Engrossed              -29-     LRB093 03372 JAM 03390 b
 1        primary   election  in  March  of  1994;  those  judicial
 2        appointees shall serve until the first Monday in December
 3        of 1994.  The remaining 5 of the 10  additional  resident
 4        judgeships  provided  in  item  (iv)  may  be  filled  by
 5        appointment  by  the  Supreme  Court  during  the  period
 6        beginning  July  1,  1993  and  ending 60 days before the
 7        primary  election  in  March  of  1994;  those   judicial
 8        appointees shall serve until the first Monday in December
 9        1994.   The  additional  resident judgeships created upon
10        vacancy in the office of associate judge provided in item
11        (v) may be filled by appointment  by  the  Supreme  Court
12        beginning on the effective date of this amendatory Act of
13        1990;  but no additional resident judgeships created upon
14        vacancy in the office of associate judge provided in item
15        (v) shall be filled during the 59 day period  before  the
16        next  primary election to nominate judges. The Circuit of
17        Cook County shall be divided into units to  be  known  as
18        subcircuits  as  provided  in  Section  2f of the Circuit
19        Courts Act. A vacancy in the office of resident judge  of
20        the Circuit of Cook County existing on or occurring on or
21        after  the effective date of this amendatory Act of 1990,
22        but before the date the subcircuits are created  by  law,
23        shall  be filled by appointment by the Supreme Court from
24        the unit within Chicago or the unit outside  Chicago,  as
25        the  case  may be, in which the vacancy occurs and filled
26        by election from the subcircuit to which it  is  allotted
27        under Section 2f of the Circuit Courts Act.  A vacancy in
28        the  office  of  resident  judge  of  the Circuit of Cook
29        County existing on or occurring on or after the date  the
30        subcircuits  are  created  by  law  shall  be  filled  by
31        appointment by the Supreme Court and by election from the
32        subcircuit  to  which  it is allotted under Section 2f of
33        the Circuit Courts Act.
34             (5)  Resident judges in the 3rd, 12th,  18th,  19th,
 
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 1        20th,  and  22nd  judicial  circuits  are  as provided in
 2        Sections 2, 2f-1, 2f-2, 2f-3, 2f-4, 2f-5, 2f-6, and  2f-7
 3        of the Circuit Courts Act.
 4        (b)  Nothing  in  paragraphs (2) or (3) of subsection (a)
 5    of this Section shall be construed to require  or  permit  in
 6    any  county  a  greater  number of resident judges than there
 7    were resident associate judges on January 1, 1967.
 8        (c)  Vacancies authorized to be filled by this Section  2
 9    shall  be  filled in the manner provided in Article VI of the
10    Constitution.
11        (d)  A person appointed to fill a vacancy in  the  office
12    of  circuit  judge  shall  be,  at the time of appointment, a
13    resident of  the  subcircuit  from  which  the  person  whose
14    vacancy  is  being filled was elected if the vacancy occurred
15    in a circuit divided into  subcircuits  Cook  County.   If  a
16    vacancy  in the office of circuit judge occurred in a circuit
17    not divided into subcircuits other than Cook County, a person
18    appointed to fill the  vacancy  shall  be,  at  the  time  of
19    appointment,  a resident of the circuit from which the person
20    whose vacancy  is  being  filled  was  elected.    Except  as
21    provided  in  Sections 2, 2f-1, 2f-2, 2f-3, 2f-4, 2f-5, 2f-6,
22    and 2f-7 of the Circuit Courts Act, if a vacancy occurred  in
23    the office of a resident circuit judge, a person appointed to
24    fill  the  vacancy  shall  be,  at the time of appointment, a
25    resident of the county from which the person whose vacancy is
26    being filled was elected.
27    (Source: P.A. 90-342, eff. 8-8-97.)

28        Section 20.  The  Associate  Judges  Act  is  amended  by
29    changing Section 2 as follows:

30        (705 ILCS 45/2) (from Ch. 37, par. 160.2)
31        Sec.  2.  (a)  The  maximum  number  of  associate judges
32    authorized for each circuit is the greater of the  applicable
 
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 1    minimum  number  specified  in  this  Section or one for each
 2    35,000 or fraction thereof in population as determined by the
 3    last preceding Federal census, except  for  circuits  with  a
 4    population of more than 3,000,000 where the maximum number of
 5    associate  judges  is one for each 29,000 or fraction thereof
 6    in population as determined by  the  last  preceding  federal
 7    census,  reduced in circuits of less than 200,000 inhabitants
 8    by the number of  resident  circuit  judges  elected  in  the
 9    circuit  in  excess  of  one  per  county.   In  addition, in
10    circuits of 1,000,000 or more inhabitants, there shall be one
11    additional associate  judge  authorized  for  each  municipal
12    district of the circuit court. The number of associate judges
13    to  be  appointed  in each circuit, not to exceed the maximum
14    authorized, shall be determined from  time  to  time  by  the
15    Circuit   Court.  The  minimum  number  of  associate  judges
16    authorized for any circuit  consisting  of  a  single  county
17    shall  be  14,  except  that  the minimum in the 22nd circuit
18    shall  be  8.   The  minimum  number  of   associate   judges
19    authorized  for  any  circuit consisting of 2 counties with a
20    combined population of at least 275,000 but less than 300,000
21    shall  be  10.   The  minimum  number  of  associate   judges
22    authorized  for  any  circuit  with  a population of at least
23    303,000 but not more than 309,000 shall be  10.  The  minimum
24    number  of associate judges authorized for any circuit with a
25    population of at least 329,000, but  not  more  than  335,000
26    shall   be   11.  The  minimum  number  of  associate  judges
27    authorized for any circuit with  a  population  of  at  least
28    173,000  shall  be  5.   As  used  in  this Section, the term
29    "resident circuit judge" has the  meaning  given  it  in  the
30    Judicial Vacancies Act.
31        (b)  The  maximum  number  of associate judges authorized
32    under subsection (a) for a circuit with a population of  more
33    than   3,000,000   shall  be  reduced  as  provided  in  this
34    subsection (b).  For each vacancy that exists on or occurs on
 
SB75 Engrossed              -32-     LRB093 03372 JAM 03390 b
 1    or after the effective date of this amendatory Act  of  1990,
 2    that  maximum  number shall be reduced by one until the total
 3    number of associate judges authorized under subsection (a) is
 4    reduced by 60.  A vacancy exists or occurs when an  associate
 5    judge   dies,   resigns,  retires,  is  removed,  or  is  not
 6    reappointed upon expiration of his or  her  term;  a  vacancy
 7    does  not  exist  or occur at the expiration of a term if the
 8    associate judge is reappointed.
 9    (Source: P.A. 92-17, eff. 6-28-01.)

10        Section 99.  Effective date.  This Act takes effect  upon
11    becoming law.