093_SB0075enr

SB75 Enrolled                        LRB093 03372 JAM 03390 b

 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; each precinct committeeman shall have one vote for
34    each ballot voted in his precinct or part of a  precinct,  as
 
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 1    the  case  may  be, in the judicial subcircuit by the primary
 2    electors of his party at  the  primary  election  immediately
 3    preceding  the  meeting of the judicial subcircuit committee;
 4    and each ward committeeman  shall  have  one  vote  for  each
 5    ballot  voted  in his ward or part of a ward, as the case may
 6    be, in the judicial subcircuit by the primary electors of his
 7    party at  the  primary  election  immediately  preceding  the
 8    meeting of the judicial subcircuit committee.
 9                     Municipal Central Committee
10        (h)  The  municipal  central  committee of each political
11    party shall be composed of the  precinct,  township  or  ward
12    committeemen,  as the case may be, of such party representing
13    the precincts or wards, embraced in such  city,  incorporated
14    town  or  village.  The  voting  strength  of  each precinct,
15    township  or  ward  committeeman  on  the  municipal  central
16    committee shall be the same as his  voting  strength  on  the
17    county central committee.
18        For  political  parties, other than a statewide political
19    party, established only within a  municipality  or  township,
20    the   municipal  or  township  managing  committee  shall  be
21    composed of the  party  officers  of  the  local  established
22    party.  The party officers of a local established party shall
23    be  as  follows: the chairman and secretary of the caucus for
24    those municipalities and townships authorized by  statute  to
25    nominate  candidates  by caucus shall serve as party officers
26    for the purpose of  filling  vacancies  in  nomination  under
27    Section  7-61; for municipalities and townships authorized by
28    statute or ordinance to nominate candidates by  petition  and
29    primary  election,  the  party  officers shall be the party's
30    candidates who are nominated at the  primary.   If  no  party
31    primary  was  held  because of the provisions of Section 7-5,
32    vacancies in  nomination  shall  be  filled  by  the  party's
33    remaining candidates who shall serve as the party's officers.
34                               Powers
 
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 1        (i)  Each  committee  and  its  officers  shall  have the
 2    powers usually  exercised  by  such  committees  and  by  the
 3    officers  thereof,  not  inconsistent  with the provisions of
 4    this Article. The  several  committees  herein  provided  for
 5    shall  not  have  power  to  delegate any of their powers, or
 6    functions to any other person, officer or committee, but this
 7    shall not be construed to prevent a committee from appointing
 8    from its own membership proper and necessary subcommittees.
 9        (j)  The State central committee  of  a  political  party
10    which  elects it members by Alternative B under paragraph (a)
11    of this Section shall adopt a plan  to  give  effect  to  the
12    delegate  selection rules of the national political party and
13    file a copy of such plan with the State  Board  of  Elections
14    when approved by a national political party.
15        (k)  For  the  purpose of the designation of a proxy by a
16    Congressional Committee to vote in place of an  absent  State
17    central  committeeman  or  committeewoman  at meetings of the
18    State central committee of a political party which elects its
19    members by Alternative B under paragraph (a) of this Section,
20    the proxy shall be appointed by the  vote  of  the  ward  and
21    township  committeemen,  if  any,  of the wards and townships
22    which lie entirely  or  partially  within  the  Congressional
23    District  from which the absent State central committeeman or
24    committeewoman was elected and the vote of  the  chairmen  of
25    the  county  central  committees  of those counties which lie
26    entirely or partially within that Congressional District  and
27    in  which  there  are  no ward or township committeemen. When
28    voting for such proxy the county chairman, ward  committeeman
29    or  township  committeeman, as the case may be shall have one
30    vote for each ballot voted in his county, ward  or  township,
31    or  portion thereof within the Congressional District, by the
32    primary electors of his party at the primary at which he  was
33    elected.  However,  the  absent State central committeeman or
34    committeewoman may designate a proxy when  permitted  by  the
 
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 1    rules  of  a  political  party  which  elects  its members by
 2    Alternative B under paragraph (a) of this Section.
 3    (Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)

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

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

23        (705 ILCS 35/2) (from Ch. 37, par. 72.2)
24        Sec.  2.   Circuit judges shall be elected at the general
25    elections and for terms as provided  in  Article  VI  of  the
26    Illinois  Constitution.  Ninety-four  circuit judges shall be
27    elected in the Circuit of Cook County and  3  circuit  judges
28    shall  be  elected  in  each  of  the  other circuits, but in
29    circuits other than Cook County containing  a  population  of
30    230,000  or more inhabitants and in which there is included a
31    county  containing  a   population   of   200,000   or   more
32    inhabitants, or in circuits other than Cook County containing
33    a population of 270,000 or more inhabitants, according to the
 
SB75 Enrolled              -15-      LRB093 03372 JAM 03390 b
 1    last  preceding  federal  census and in the circuit where the
 2    seat of State government is situated at the time fixed by law
 3    for the nomination of judges of the  Circuit  Court  in  such
 4    circuit  and  in any circuit which meets the requirements set
 5    out in Section 2a of this Act,  4  circuit  judges  shall  be
 6    elected  in  the  manner  provided by law.  In circuits other
 7    than Cook County in which each county in the  circuit  has  a
 8    population  of  475,000  or  more,  4 circuit judges shall be
 9    elected in addition to the 4 circuit judges provided  for  in
10    this Section.  In any circuit composed of 2 counties having a
11    total  population of 350,000 or more, one circuit judge shall
12    be elected in addition to the 4 circuit judges  provided  for
13    in this Section.
14        Notwithstanding  the  provisions  of  this Section or any
15    other law, the number of at  large  judgeships  of  the  12th
16    judicial  circuit  may  be  reduced by one or 2 judgeships as
17    provided in subsection (a-10) of Section 2f-4.
18        The several judges of the circuit courts of  this  State,
19    before  entering  upon the duties of their office, shall take
20    and subscribe the following oath or affirmation, which  shall
21    be filed in the office of the Secretary of State:
22        "I do solemnly swear (or affirm, as the case may be) that
23    I will support the constitution of the United States, and the
24    constitution  of  the  State  of  Illinois,  and  that I will
25    faithfully  discharge  the  duties  of  judge  of....  court,
26    according to the best of my ability."
27        One of the 3 additional circuit judgeships authorized  by
28    this  amendatory  Act  in  circuits other than Cook County in
29    which each county in the circuit has a population of  475,000
30    or  more  may  be  filled  when  this Act becomes law.  The 2
31    remaining circuit judgeships in such circuits  shall  not  be
32    filled until on or after July 1, 1977.
33    (Source: P.A. 86-786; 86-1478.)
 
SB75 Enrolled              -16-      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 continue to be elected at large. The 2 assigned to  the
19    22nd circuit shall continue to be elected at large.
20        (c)  The  6  resident judgeships elected from Lake County
21    before the general election in  2006  shall  become  resident
22    judgeships in the 19th circuit on December 4, 2006, and the 3
23    resident  judgeships  elected  from McHenry County before the
24    general election in 2006 shall become resident judgeships  in
25    the 22nd circuit on December 4, 2006.
26        (d)  On   December  4,  2006,  the  Supreme  Court  shall
27    allocate the associate judgeships of the 19th circuit  before
28    that  date  between  the  19th and 22nd circuits based on the
29    population of those circuits.
30        (e)  On  December  4,  2006,  the  Supreme  Court   shall
31    allocate personnel, books, records, documents, property (real
32    and   personal),  funds,  assets,  liabilities,  and  pending
33    matters concerning the 19th circuit before that date  between
34    the  19th  and  22nd  circuits  based  on  the population and
 
SB75 Enrolled              -17-      LRB093 03372 JAM 03390 b
 1    staffing needs of those circuits and the efficient and proper
 2    administration  of  the  judicial  system.  The   rights   of
 3    employees  under  applicable collective bargaining agreements
 4    are not affected by this amendatory Act of the  93rd  General
 5    Assembly.
 6        (f)  The judgeships set forth in this Section include the
 7    judgeships  authorized  under  Sections  2g,  2h, and 2j. The
 8    judgeships authorized in those Sections are not  in  addition
 9    to those set forth in this Section.

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

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

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

 6        Section  15.  The  Judicial  Vacancies  Act is amended by
 7    changing Section 2 as follows:

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

22        Section  20.  The  Associate  Judges  Act  is  amended by
23    changing Section 2 as follows:

24        (705 ILCS 45/2) (from Ch. 37, par. 160.2)
25        Sec. 2.  (a)  The  maximum  number  of  associate  judges
26    authorized  for each circuit is the greater of the applicable
27    minimum number specified in this  Section  or  one  for  each
28    35,000 or fraction thereof in population as determined by the
29    last  preceding  Federal  census,  except for circuits with a
30    population of more than 3,000,000 where the maximum number of
31    associate judges is one for each 29,000 or  fraction  thereof
32    in  population  as  determined  by the last preceding federal
 
SB75 Enrolled              -25-      LRB093 03372 JAM 03390 b
 1    census, reduced in circuits of less than 200,000  inhabitants
 2    by  the  number  of  resident  circuit  judges elected in the
 3    circuit in  excess  of  one  per  county.   In  addition,  in
 4    circuits of 1,000,000 or more inhabitants, there shall be one
 5    additional  associate  judge  authorized  for  each municipal
 6    district of the circuit court. The number of associate judges
 7    to be appointed in each circuit, not to  exceed  the  maximum
 8    authorized,  shall  be  determined  from  time to time by the
 9    Circuit  Court.  The  minimum  number  of  associate   judges
10    authorized  for  any  circuit  consisting  of a single county
11    shall be 14, except that the  minimum  in  the  22nd  circuit
12    shall   be   8.   The  minimum  number  of  associate  judges
13    authorized for any circuit consisting of 2  counties  with  a
14    combined population of at least 275,000 but less than 300,000
15    shall   be  10.   The  minimum  number  of  associate  judges
16    authorized for any circuit with  a  population  of  at  least
17    303,000  but  not  more than 309,000 shall be 10. The minimum
18    number of associate judges authorized for any circuit with  a
19    population  of  at  least  329,000, but not more than 335,000
20    shall  be  11.  The  minimum  number  of   associate   judges
21    authorized  for  any  circuit  with  a population of at least
22    173,000 shall be 5.   As  used  in  this  Section,  the  term
23    "resident  circuit  judge"  has  the  meaning given it in the
24    Judicial Vacancies Act.
25        (b)  The maximum number of  associate  judges  authorized
26    under  subsection (a) for a circuit with a population of more
27    than  3,000,000  shall  be  reduced  as  provided   in   this
28    subsection (b).  For each vacancy that exists on or occurs on
29    or  after  the effective date of this amendatory Act of 1990,
30    that maximum number shall be reduced by one until  the  total
31    number of associate judges authorized under subsection (a) is
32    reduced  by 60.  A vacancy exists or occurs when an associate
33    judge  dies,  resigns,  retires,  is  removed,  or   is   not
34    reappointed  upon  expiration  of  his or her term; a vacancy
 
SB75 Enrolled              -26-      LRB093 03372 JAM 03390 b
 1    does not exist or occur at the expiration of a  term  if  the
 2    associate judge is reappointed.
 3        (c)  The  maximum  number  of associate judges authorized
 4    under subsection (a) for the 12th judicial circuit  shall  be
 5    reduced  as provided in this subsection (c). For each vacancy
 6    that exists on or occurs after the  effective  date  of  this
 7    amendatory  Act  of  the  93rd General Assembly, that maximum
 8    number shall be reduced by one  until  the  total  number  of
 9    associate  judges  authorized under subsection (a) is reduced
10    by 2. A vacancy exists or occurs when  (i)  a  new  associate
11    judgeship  has  been  authorized under subsection (a) for the
12    12th judicial circuit, but has not been filled by appointment
13    or  (ii)  an  associate  judge  dies,  resigns,  retires,  is
14    removed, or is not reappointed upon expiration of his or  her
15    term.  A vacancy does not exist or occur at the expiration of
16    a term if the associate judge is reappointed.
17    (Source: P.A. 92-17, eff. 6-28-01.)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.