093_SB0075ham001

 










                                     LRB093 03372 RCE 16569 a

 1                     AMENDMENT TO SENATE BILL 75

 2        AMENDMENT NO.     .  Amend Senate Bill  75  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 03372 RCE 16569 a
 1    committee for each group of 2 or more counties which  jointly
 2    elect  a  State's  Attorney; a Superintendent of Multi-County
 3    Educational Service Region committee for each group of  2  or
 4    more  counties  which  jointly  elect  a  Superintendent of a
 5    Multi-County  Educational  Service  Region;  and  a  judicial
 6    subcircuit committee  in  a  judicial  circuit  divided  into
 7    subcircuits  Cook County for each judicial subcircuit in that
 8    circuit Cook County.
 9    (Source: P.A. 87-1052.)

10        (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
11        Sec. 7-8.  The State central committee shall be  composed
12    of one or two members from each congressional district in the
13    State and shall be elected as follows:
14                       State Central Committee
15        (a)  Within  30  days  after  the  effective date of this
16    amendatory Act of 1983 the State central  committee  of  each
17    political party shall certify to the State Board of Elections
18    which of the following alternatives it wishes to apply to the
19    State central committee of that party.
20        Alternative  A.  At the primary held on the third Tuesday
21    in March  1970,  and  at  the  primary  held  every  4  years
22    thereafter,  each  primary elector may vote for one candidate
23    of his party for member of the State  central  committee  for
24    the   congressional  district  in  which  he  resides.    The
25    candidate receiving the highest  number  of  votes  shall  be
26    declared   elected   State   central  committeeman  from  the
27    district. A political party may, in lieu of the foregoing, by
28    a majority vote of delegates at any State convention of  such
29    party,  determine  to  thereafter  elect  the  State  central
30    committeemen in the manner following:
31        At  the  county  convention  held by such political party
32    State central committeemen  shall  be  elected  in  the  same
33    manner  as  provided  in  this  Article  for  the election of
 
                            -3-      LRB093 03372 RCE 16569 a
 1    officers of the county central committee, and  such  election
 2    shall  follow  the election of officers of the county central
 3    committee.   Each  elected   ward,   township   or   precinct
 4    committeeman  shall cast as his vote one vote for each ballot
 5    voted in his ward, township, part of a township  or  precinct
 6    in  the  last  preceding  primary  election  of his political
 7    party. In the case of a county  lying  partially  within  one
 8    congressional   district   and   partially   within   another
 9    congressional  district,  each  ward,  township  or  precinct
10    committeeman   shall   vote   only   with   respect   to  the
11    congressional district in which his ward, township, part of a
12    township  or  precinct  is  located.   In  the  case   of   a
13    congressional   district  which  encompasses  more  than  one
14    county, each ward, township or precinct committeeman residing
15    within the congressional district shall cast as his vote  one
16    vote  for  each ballot voted in his ward, township, part of a
17    township or precinct in the last preceding  primary  election
18    of  his  political  party  for one candidate of his party for
19    member of the State central committee for  the  congressional
20    district  in which he resides and the Chairman  of the county
21    central committee shall report the results of the election to
22    the State Board of Elections. The State  Board  of  Elections
23    shall  certify  the candidate receiving the highest number of
24    votes   elected   State   central   committeeman   for   that
25    congressional district.
26        The State central committee shall adopt rules to  provide
27    for  and govern the procedures to be followed in the election
28    of members of the State central committee.
29        After the effective date of this amendatory  Act  of  the
30    91st  General  Assembly,  whenever  a  vacancy  occurs in the
31    office of Chairman of a State central committee,  or  at  the
32    end  of  the  term  of  office of Chairman, the State central
33    committee  of  each  political  party   that   has   selected
34    Alternative  A  shall  elect  a  Chairman  who  shall  not be
 
                            -4-      LRB093 03372 RCE 16569 a
 1    required to be a member of the State Central Committee.   The
 2    Chairman shall be a registered voter in this State and of the
 3    same political party as the State central committee.
 4        Alternative   B.  Each   congressional  committee  shall,
 5    within 30  days  after  the  adoption  of  this  alternative,
 6    appoint  a  person  of the sex opposite that of the incumbent
 7    member  for  that  congressional  district  to  serve  as  an
 8    additional member of the State central committee until his or
 9    her successor is elected at the general primary  election  in
10    1986.    Each   congressional   committee   shall  make  this
11    appointment by voting on the basis set forth in paragraph (e)
12    of this  Section.  In  each  congressional  district  at  the
13    general  primary  election  held  in  1986  and every 4 years
14    thereafter, the male candidate receiving the  highest  number
15    of  votes  of  the  party's male candidates for State central
16    committeeman, and the female candidate receiving the  highest
17    number  of  votes  of the party's female candidates for State
18    central  committeewoman,  shall  be  declared  elected  State
19    central committeeman and State  central  committeewoman  from
20    the  district.   At the general primary election held in 1986
21    and every 4 years thereafter, if all a party's candidates for
22    State central committeemen or  State  central  committeewomen
23    from  a  congressional  district  are  of  the  same sex, the
24    candidate receiving the highest  number  of  votes  shall  be
25    declared  elected  a  State  central  committeeman  or  State
26    central  committeewoman  from the district, and, because of a
27    failure to elect one male and one female to the committee,  a
28    vacancy  shall  be  declared  to  exist  in the office of the
29    second  member  of  the  State  central  committee  from  the
30    district.  This vacancy shall be filled by appointment by the
31    congressional committee  of  the  political  party,  and  the
32    person  appointed  to fill the vacancy shall be a resident of
33    the congressional district and of the sex  opposite  that  of
34    the  committeeman  or  committeewoman  elected at the general
 
                            -5-      LRB093 03372 RCE 16569 a
 1    primary election.  Each congressional  committee  shall  make
 2    this  appointment  by  voting  on  the  basis  set  forth  in
 3    paragraph (e) of this Section.
 4        The  Chairman  of  a  State central committee composed as
 5    provided in this Alternative B  must  be  selected  from  the
 6    committee's members.
 7        Except  as  provided for in Alternative A with respect to
 8    the selection of the Chairman of the State central committee,
 9    under both of the foregoing alternatives, the  State  central
10    committee  of  each  political  party  shall  be  composed of
11    members elected or appointed from the  several  congressional
12    districts  of  the  State,  and of no other person or persons
13    whomsoever.  The  members  of  the  State  central  committee
14    shall,  within 30 days after each quadrennial election of the
15    full committee, meet in the city of Springfield and  organize
16    by  electing  a  chairman,  and  may  at such time elect such
17    officers from among their own number (or otherwise), as  they
18    may deem necessary or expedient. The outgoing chairman of the
19    State  central  committee  of the party shall, 10 days before
20    the  meeting,  notify  each  member  of  the  State   central
21    committee  elected  at  the  primary of the time and place of
22    such meeting. In the  organization  and  proceedings  of  the
23    State  central committee, each State central committeeman and
24    State central committeewoman shall have  one  vote  for  each
25    ballot  voted  in  his  or  her congressional district by the
26    primary electors of his or her party at the primary  election
27    immediately  preceding  the  meeting  of  the  State  central
28    committee.  Whenever  a  vacancy  occurs in the State central
29    committee of any political party, the vacancy shall be filled
30    by  appointment  of  the  chairmen  of  the  county   central
31    committees  of  the  political  party of the counties located
32    within the congressional district in which the vacancy occurs
33    and, if applicable, the ward and township committeemen of the
34    political party in counties of 2,000,000 or more  inhabitants
 
                            -6-      LRB093 03372 RCE 16569 a
 1    located   within   the   congressional   district.    If  the
 2    congressional district  in  which  the  vacancy  occurs  lies
 3    wholly  within a county of 2,000,000 or more inhabitants, the
 4    ward and township committeemen of the political party in that
 5    congressional district shall vote to fill  the  vacancy.   In
 6    voting to fill the vacancy, each chairman of a county central
 7    committee and each ward and township committeeman in counties
 8    of 2,000,000 or more inhabitants shall have one vote for each
 9    ballot  voted  in each precinct of the congressional district
10    in which the vacancy exists of his or her  county,  township,
11    or  ward  cast by the primary electors of his or her party at
12    the primary election immediately  preceding  the  meeting  to
13    fill  the vacancy in the State central committee.  The person
14    appointed to fill the vacancy shall  be  a  resident  of  the
15    congressional  district in which the vacancy occurs, shall be
16    a qualified voter, and, in a committee composed  as  provided
17    in  Alternative  B,  shall  be  of the same sex as his or her
18    predecessor. A political party may, by a majority vote of the
19    delegates of any State convention of such party, determine to
20    return to the election  of  State  central  committeeman  and
21    State central committeewoman by the vote of primary electors.
22    Any  action  taken by a political party at a State convention
23    in accordance with this Section  shall  be  reported  to  the
24    State  Board  of  Elections  by the chairman and secretary of
25    such convention within 10 days after such action.
26              Ward, Township and Precinct Committeemen
27        (b)  At the primary held on the third Tuesday  in  March,
28    1972,  and  every 4 years thereafter, each primary elector in
29    cities having a population of 200,000 or over  may  vote  for
30    one candidate of his party in his ward for ward committeeman.
31    Each  candidate  for  ward committeeman must be a resident of
32    and  in  the  ward  where  he  seeks  to  be   elected   ward
33    committeeman.  The  one  having  the  highest number of votes
34    shall be such ward committeeman of such party for such  ward.
 
                            -7-      LRB093 03372 RCE 16569 a
 1    At  the  primary election held on the third Tuesday in March,
 2    1970, and every 4 years thereafter, each primary  elector  in
 3    counties  containing  a  population  of  2,000,000  or  more,
 4    outside of cities containing a population of 200,000 or more,
 5    may  vote  for  one  candidate  of  his  party  for  township
 6    committeeman.  Each  candidate for township committeeman must
 7    be a resident of and in the township or part  of  a  township
 8    (which  lies outside of a city having a population of 200,000
 9    or more, in counties containing a population of 2,000,000  or
10    more),  and  in which township or part of a township he seeks
11    to be elected  township  committeeman.  The  one  having  the
12    highest  number  of votes shall be such township committeeman
13    of such party for such township or part of a township. At the
14    primary held on the third Tuesday in March, 1970 and every  2
15    years  thereafter,  each  primary elector, except in counties
16    having a population of 2,000,000 or over, may  vote  for  one
17    candidate   of   his  party  in  his  precinct  for  precinct
18    committeeman. Each candidate for precinct  committeeman  must
19    be  a bona fide resident of the precinct where he seeks to be
20    elected precinct committeeman. The  one  having  the  highest
21    number  of  votes shall be such precinct committeeman of such
22    party for such precinct. The official returns of the  primary
23    shall  show  the  name  of the committeeman of each political
24    party.
25        Terms of Committeemen. All precinct committeemen  elected
26    under  the  provisions of this Article shall continue as such
27    committeemen until the date of the primary to be held in  the
28    second   year  after  their  election.  Except  as  otherwise
29    provided  in  this  Section   for   certain   State   central
30    committeemen  who  have  2  year  terms,  all  State  central
31    committeemen,  township  committeemen  and  ward committeemen
32    shall continue as such committeemen until the date of primary
33    to be held in the fourth year after their election.  However,
34    a  vacancy exists in the office of precinct committeeman when
 
                            -8-      LRB093 03372 RCE 16569 a
 1    a precinct committeeman ceases to reside in the  precinct  in
 2    which  he  was  elected  and such precinct committeeman shall
 3    thereafter neither have nor exercise any  rights,  powers  or
 4    duties  as committeeman in that precinct, even if a successor
 5    has not been elected or appointed.
 6        (c)  The Multi-Township Central Committee  shall  consist
 7    of   the   precinct   committeemen  of  such  party,  in  the
 8    multi-township assessing district formed pursuant to  Section
 9    2-10  of the Property Tax Code and shall be organized for the
10    purposes set forth in Section 45-25 of the Township Code.  In
11    the   organization  and  proceedings  of  the  Multi-Township
12    Central Committee each precinct committeeman shall  have  one
13    vote  for  each  ballot  voted in his precinct by the primary
14    electors of his party at the primary at which he was elected.
15                      County Central Committee
16        (d)  The county central committee of each political party
17    in  each  county  shall  consist  of  the  various   township
18    committeemen, precinct committeemen and ward committeemen, if
19    any,  of  such  party  in the county. In the organization and
20    proceedings of the county central  committee,  each  precinct
21    committeeman shall have one vote for each ballot voted in his
22    precinct  by the primary electors of his party at the primary
23    at which he was elected;  each  township  committeeman  shall
24    have  one  vote for each ballot voted in his township or part
25    of a township as the case may be by the primary  electors  of
26    his  party  at  the  primary  election  for the nomination of
27    candidates for election to the General  Assembly  immediately
28    preceding the meeting of the county central committee; and in
29    the  organization  and  proceedings  of  the  county  central
30    committee,  each  ward  committeeman  shall have one vote for
31    each ballot voted in his ward by the primary electors of  his
32    party   at   the  primary  election  for  the  nomination  of
33    candidates for election to the General  Assembly  immediately
34    preceding the meeting of the county central committee.
 
                            -9-      LRB093 03372 RCE 16569 a
 1                       Congressional Committee
 2        (e)  The  congressional  committee  of each party in each
 3    congressional district shall be composed of the  chairmen  of
 4    the  county  central committees of the counties composing the
 5    congressional  district,   except   that   in   congressional
 6    districts wholly within the territorial limits of one county,
 7    or partly within 2 or more counties, but not coterminous with
 8    the  county  lines  of  all  of  such  counties, the precinct
 9    committeemen, township committeemen and ward committeemen, if
10    any, of the  party  representing  the  precincts  within  the
11    limits  of  the  congressional  district,  shall  compose the
12    congressional committee. A State central committeeman in each
13    district shall be a  member  and  the  chairman  or,  when  a
14    district  has  2 State central committeemen, a co-chairman of
15    the congressional committee, but shall not have the right  to
16    vote except in case of a tie.
17        In  the  organization  and  proceedings  of congressional
18    committees composed  of  precinct  committeemen  or  township
19    committeemen   or   ward  committeemen,  or  any  combination
20    thereof, each precinct committeeman shall have one  vote  for
21    each  ballot voted in his precinct by the primary electors of
22    his party at the  primary  at  which  he  was  elected,  each
23    township  committeeman  shall  have  one vote for each ballot
24    voted in his township or part of a township as the  case  may
25    be  by  the  primary  electors  of  his  party at the primary
26    election   immediately   preceding   the   meeting   of   the
27    congressional committee, and  each  ward  committeeman  shall
28    have  one  vote for each ballot voted in each precinct of his
29    ward located in such congressional district  by  the  primary
30    electors  of  his  party  at the primary election immediately
31    preceding the meeting of the congressional committee; and  in
32    the  organization and proceedings of congressional committees
33    composed of the chairmen of the county central committees  of
34    the  counties  within  such  district,  each chairman of such
 
                            -10-     LRB093 03372 RCE 16569 a
 1    county central committee shall have one vote for each  ballot
 2    voted  in  his county by the primary electors of his party at
 3    the primary election immediately preceding the meeting of the
 4    congressional committee.
 5                     Judicial District Committee
 6        (f)  The judicial district committee  of  each  political
 7    party  in  each  judicial  district  shall be composed of the
 8    chairman of the county central  committees  of  the  counties
 9    composing the judicial district.
10        In  the organization and proceedings of judicial district
11    committees composed of the chairmen  of  the  county  central
12    committees   of  the  counties  within  such  district,  each
13    chairman of such county central committee shall have one vote
14    for each ballot voted in his county by the  primary  electors
15    of  his  party  at the primary election immediately preceding
16    the meeting of the judicial district committee.
17                       Circuit Court Committee
18        (g)  The circuit court committee of each political  party
19    in  each  judicial  circuit  outside  Cook  County  shall  be
20    composed  of the chairmen of the county central committees of
21    the counties composing the judicial circuit.
22        In the organization  and  proceedings  of  circuit  court
23    committees, each chairman of a county central committee shall
24    have  one  vote  for  each  ballot voted in his county by the
25    primary  electors  of  his  party  at  the  primary  election
26    immediately  preceding  the  meeting  of  the  circuit  court
27    committee.
28                    Judicial Subcircuit Committee
29        (g-1)  The  judicial   subcircuit   committee   of   each
30    political  party  in  each  judicial subcircuit in a judicial
31    circuit  divided  into  subcircuits  Cook  County  shall   be
32    composed  of  (i)  the  ward and township committeemen of the
33    townships and wards composing the judicial subcircuit in Cook
34    County and (ii) the precinct committeemen  of  the  precincts
 
                            -11-     LRB093 03372 RCE 16569 a
 1    composing  the  judicial  subcircuit in any county other than
 2    Cook County.
 3        In the organization  and  proceedings  of  each  judicial
 4    subcircuit  committee,  each township committeeman shall have
 5    one vote for each ballot voted in his township or part  of  a
 6    township,  as  the case may be, in the judicial subcircuit by
 7    the primary electors of his party  at  the  primary  election
 8    immediately  preceding the meeting of the judicial subcircuit
 9    committee; each precinct committeeman shall have one vote for
10    each ballot voted in his precinct or part of a  precinct,  as
11    the  case  may  be, in the judicial subcircuit by the primary
12    electors of his party at  the  primary  election  immediately
13    preceding  the  meeting of the judicial subcircuit committee;
14    and each ward committeeman  shall  have  one  vote  for  each
15    ballot  voted  in his ward or part of a ward, as the case may
16    be, in the judicial subcircuit by the primary electors of his
17    party at  the  primary  election  immediately  preceding  the
18    meeting of the judicial subcircuit committee.
19                     Municipal Central Committee
20        (h)  The  municipal  central  committee of each political
21    party shall be composed of the  precinct,  township  or  ward
22    committeemen,  as the case may be, of such party representing
23    the precincts or wards, embraced in such  city,  incorporated
24    town  or  village.  The  voting  strength  of  each precinct,
25    township  or  ward  committeeman  on  the  municipal  central
26    committee shall be the same as his  voting  strength  on  the
27    county central committee.
28        For  political  parties, other than a statewide political
29    party, established only within a  municipality  or  township,
30    the   municipal  or  township  managing  committee  shall  be
31    composed of the  party  officers  of  the  local  established
32    party.  The party officers of a local established party shall
33    be  as  follows: the chairman and secretary of the caucus for
34    those municipalities and townships authorized by  statute  to
 
                            -12-     LRB093 03372 RCE 16569 a
 1    nominate  candidates  by caucus shall serve as party officers
 2    for the purpose of  filling  vacancies  in  nomination  under
 3    Section  7-61; for municipalities and townships authorized by
 4    statute or ordinance to nominate candidates by  petition  and
 5    primary  election,  the  party  officers shall be the party's
 6    candidates who are nominated at the  primary.   If  no  party
 7    primary  was  held  because of the provisions of Section 7-5,
 8    vacancies in  nomination  shall  be  filled  by  the  party's
 9    remaining candidates who shall serve as the party's officers.
10                               Powers
11        (i)  Each  committee  and  its  officers  shall  have the
12    powers usually  exercised  by  such  committees  and  by  the
13    officers  thereof,  not  inconsistent  with the provisions of
14    this Article. The  several  committees  herein  provided  for
15    shall  not  have  power  to  delegate any of their powers, or
16    functions to any other person, officer or committee, but this
17    shall not be construed to prevent a committee from appointing
18    from its own membership proper and necessary subcommittees.
19        (j)  The State central committee  of  a  political  party
20    which  elects it members by Alternative B under paragraph (a)
21    of this Section shall adopt a plan  to  give  effect  to  the
22    delegate  selection rules of the national political party and
23    file a copy of such plan with the State  Board  of  Elections
24    when approved by a national political party.
25        (k)  For  the  purpose of the designation of a proxy by a
26    Congressional Committee to vote in place of an  absent  State
27    central  committeeman  or  committeewoman  at meetings of the
28    State central committee of a political party which elects its
29    members by Alternative B under paragraph (a) of this Section,
30    the proxy shall be appointed by the  vote  of  the  ward  and
31    township  committeemen,  if  any,  of the wards and townships
32    which lie entirely  or  partially  within  the  Congressional
33    District  from which the absent State central committeeman or
34    committeewoman was elected and the vote of  the  chairmen  of
 
                            -13-     LRB093 03372 RCE 16569 a
 1    the  county  central  committees  of those counties which lie
 2    entirely or partially within that Congressional District  and
 3    in  which  there  are  no ward or township committeemen. When
 4    voting for such proxy the county chairman, ward  committeeman
 5    or  township  committeeman, as the case may be shall have one
 6    vote for each ballot voted in his county, ward  or  township,
 7    or  portion thereof within the Congressional District, by the
 8    primary electors of his party at the primary at which he  was
 9    elected.  However,  the  absent State central committeeman or
10    committeewoman may designate a proxy when  permitted  by  the
11    rules  of  a  political  party  which  elects  its members by
12    Alternative B under paragraph (a) of this Section.
13    (Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)

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

17        (705 ILCS 35/1) (from Ch. 37, par. 72.1)
18        Sec.  1.  Judicial  circuits  created. The county of Cook
19    shall be one judicial circuit  and  the  State  of  Illinois,
20    exclusive of the county of Cook, shall be and is divided into
21    judicial circuits as follows:
22        First   Circuit--The   counties  of  Alexander,  Pulaski,
23    Massac, Pope, Johnson, Union, Jackson, Williamson and Saline.
24        Second Circuit--The counties of Hardin, Gallatin,  White,
25    Hamilton,   Franklin,   Wabash,  Edwards,  Wayne,  Jefferson,
26    Richland, Lawrence and Crawford.
27        Third Circuit--The counties of Madison and Bond.
28        Fourth Circuit--The counties of  Clinton,  Marion,  Clay,
29    Fayette, Effingham, Jasper, Montgomery, Shelby and Christian.
30        Fifth  Circuit--The  counties of Vermilion, Edgar, Clark,
31    Cumberland and Coles.
32        Sixth  Circuit--The  counties  of   Champaign,   Douglas,
 
                            -14-     LRB093 03372 RCE 16569 a
 1    Moultrie, Macon, DeWitt and Piatt.
 2        Seventh  Circuit--The  counties  of  Sangamon,  Macoupin,
 3    Morgan, Scott, Greene and Jersey.
 4        Eighth  Circuit--The  counties of Adams, Schuyler, Mason,
 5    Cass, Brown, Pike, Calhoun and Menard.
 6        Ninth Circuit--The counties of Knox,  Warren,  Henderson,
 7    Hancock, McDonough and Fulton.
 8        Tenth  Circuit--The counties of Peoria, Marshall, Putnam,
 9    Stark and Tazewell.
10        Eleventh Circuit--The  counties  of  McLean,  Livingston,
11    Logan, Ford and Woodford.
12        Twelfth Circuit--The county of Will.
13        Thirteenth  Circuit--The  counties of Bureau, LaSalle and
14    Grundy.
15        Fourteenth Circuit--The counties of Rock Island,  Mercer,
16    Whiteside and Henry.
17        Fifteenth Circuit--The counties of JoDaviess, Stephenson,
18    Carroll, Ogle and Lee.
19        Sixteenth  Circuit--The  counties  of  Kane,  DeKalb  and
20    Kendall.
21        Seventeenth Circuit--The counties of Winnebago and Boone.
22        Eighteenth Circuit--The county of DuPage.
23        Nineteenth Circuit--Before December 4, 2006, the counties
24    of  Lake  and  McHenry.  On  and  after December 4, 2006, the
25    County of Lake.
26        Twentieth Circuit--The counties of Randolph, Monroe,  St.
27    Clair, Washington and Perry.
28        Twenty-first   Circuit--The   counties  of  Iroquois  and
29    Kankakee.
30        Twenty-second Circuit--On and after December 4, 2006, the
31    County of McHenry.
32    (Source: P.A. 84-1030.)

33        (705 ILCS 35/2f-1 new)
 
                            -15-     LRB093 03372 RCE 16569 a
 1        Sec. 2f-1.  19th and 22nd judicial circuits.
 2        (a)  On December 4, 2006, the 19th  judicial  circuit  is
 3    divided  into the 19th and 22nd judicial circuits as provided
 4    in Section 1 of the Circuit Courts Act.  This  division  does
 5    not  invalidate any action taken by the 19th judicial circuit
 6    or any of its judges, officers, employees, or  agents  before
 7    December  4, 2006. This division does not affect any person's
 8    rights, obligations, or duties,  including  applicable  civil
 9    and  criminal  penalties,  arising out of any action taken by
10    the 19th judicial circuit or any  of  its  judges,  officers,
11    employees, or agents before December 4, 2006.
12        (b)  Of  the 7 circuit judgeships elected at large in the
13    19th circuit before the general election in 2006, the Supreme
14    Court shall assign 5 to the 19th circuit and 2  to  the  22nd
15    circuit,  based  on  residency  of  the  circuit  judges then
16    holding those judgeships. The 5 assigned to the 19th  circuit
17    shall  continue to be elected at large. The 2 assigned to the
18    22nd circuit shall continue to be elected at large.
19        (c)  The 6 resident judgeships elected from  Lake  County
20    before  the  general  election  in 2006 shall become resident
21    judgeships in the 19th circuit on December 4, 2006, and the 3
22    resident judgeships elected from McHenry  County  before  the
23    general  election in 2006 shall become resident judgeships in
24    the 22nd circuit on December 4, 2006.
25        (d)  On  December  4,  2006,  the  Supreme  Court   shall
26    allocate  the associate judgeships of the 19th circuit before
27    that date between the 19th and 22nd  circuits  based  on  the
28    population of those circuits.
29        (e)  On   December  4,  2006,  the  Supreme  Court  shall
30    allocate personnel, books, records, documents, property (real
31    and  personal),  funds,  assets,  liabilities,  and   pending
32    matters  concerning the 19th circuit before that date between
33    the 19th and  22nd  circuits  based  on  the  population  and
34    staffing needs of those circuits and the efficient and proper
 
                            -16-     LRB093 03372 RCE 16569 a
 1    administration   of   the  judicial  system.  The  rights  of
 2    employees under applicable collective  bargaining  agreements
 3    are  not  affected by this amendatory Act of the 93rd General
 4    Assembly.
 5        (f)  The judgeships set forth in this Section include the
 6    judgeships authorized under Sections  2g,  2h,  and  2j.  The
 7    judgeships  authorized  in those Sections are not in addition
 8    to those set forth in this Section.

 9        (705 ILCS 35/2f-2 new)
10        Sec. 2f-2.  19th judicial circuit; subcircuits.
11        (a)  The  19th  circuit   shall   be   divided   into   6
12    subcircuits.   The  subcircuits shall be compact, contiguous,
13    and substantially equal in population.  The General  Assembly
14    by  law shall create the subcircuits on or before February 1,
15    2004, using population data as determined by the 2000 federal
16    census, and shall determine  a  numerical  order  for  the  6
17    subcircuits.  That numerical order shall be the basis for the
18    order  in  which  resident  judgeships  are  assigned  to the
19    subcircuits. Once a  resident  judgeship  is  assigned  to  a
20    subcircuit,   it  shall  continue  to  be  assigned  to  that
21    subcircuit for all purposes.
22        (b)  The 19th circuit shall have a total  of  6  resident
23    judgeships.
24        (c)  The  Supreme  Court shall allot (i) all vacancies in
25    resident judgeships existing on or occurring on or after  the
26    effective  date  of  this  amendatory Act of the 93rd General
27    Assembly and not filled at the 2004  general  election,  with
28    respect  to  the resident judgeships of the 19th circuit, and
29    (ii) the resident judgeships of the 19th  circuit  filled  at
30    the  2004  general  election  as  those judgeships thereafter
31    become vacant, for  election  from  the  various  subcircuits
32    until  there  is  one  resident judge to be elected from each
33    subcircuit. No resident judge of the 19th circuit serving  on
 
                            -17-     LRB093 03372 RCE 16569 a
 1    the effective date of this amendatory Act of the 93rd General
 2    Assembly  shall be required to change his or her residency in
 3    order to continue serving in office or to seek  retention  in
 4    office  as  resident  judgeships  are allotted by the Supreme
 5    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 by lot a numerical order for the
20    5 subcircuits.  That numerical order shall be the  basis  for
21    the  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   circuit
26    judgeships   shall  be  allotted  as  12th  circuit  resident
27    judgeships under subsection (c) as those associate judgeships
28    are converted  to  resident  judgeships  in  accordance  with
29    Section 2 of the Associate Judges Act.
30        (b)  The  12th circuit shall have one additional resident
31    judgeship, as well as its 2 existing resident judgeships  and
32    2  former  associate  judgeships,  for  a total of 5 resident
33    judgeships.  The additional  resident  judgeship  created  by
 
                            -18-     LRB093 03372 RCE 16569 a
 1    this  amendatory  Act  of  the 93rd General Assembly shall be
 2    filled by election beginning at the general election in 2006.
 3    As soon as possible after the subcircuits are created by law,
 4    the Supreme Court shall fill by  appointment  the  additional
 5    resident judgeship created by this amendatory Act of the 93rd
 6    General Assembly until the 2006 general election.
 7        (c)  The  Supreme  Court  shall  allot (i) the additional
 8    resident judgeship created by this amendatory Act of the 93rd
 9    General Assembly, (ii) all vacancies in  resident  judgeships
10    existing  on  or  occurring on or after the effective date of
11    this amendatory Act of the  93rd  General  Assembly  and  not
12    filled  at  the  2004  general  election, with respect to the
13    other resident judgeships of  the  12th  circuit,  (iii)  the
14    resident  judgeships  of  the 12th circuit filled at the 2004
15    general  election  as  those  judgeships  thereafter   become
16    vacant,  and  (iv) 2 associate judgeships of the 12th circuit
17    as they are converted to resident judgeships as  provided  in
18    subsection  (a-5),  for election from the various subcircuits
19    until there is one resident judge to  be  elected  from  each
20    subcircuit.  No resident judge of the 12th circuit serving on
21    the effective date of this amendatory Act of the 93rd General
22    Assembly shall be required to change his or her residency  in
23    order  to  continue serving in office or to seek retention in
24    office as resident judgeships are  allotted  by  the  Supreme
25    Court in accordance with this Section.
26        (d)  A  resident judge of a subcircuit must reside in the
27    subcircuit and must continue to reside in that subcircuit  as
28    long as he or she holds that office.
29        (e)  Vacancies in resident judgeships of the 12th circuit
30    shall  be  filled in the manner provided in Article VI of the
31    Illinois Constitution.

32        (705 ILCS 35/2f-5 new)
33        Sec. 2f-5.  22nd circuit; subcircuits.
 
                            -19-     LRB093 03372 RCE 16569 a
 1        (a)  The  22nd  circuit   shall   be   divided   into   3
 2    subcircuits.   The  subcircuits shall be compact, contiguous,
 3    and substantially equal in population.  The General  Assembly
 4    by  law shall create the subcircuits on or before February 1,
 5    2004, using population data as determined by the 2000 federal
 6    census, and shall determine by lot a numerical order for  the
 7    3  subcircuits.   That numerical order shall be the basis for
 8    the order in which resident judgeships are  assigned  to  the
 9    subcircuits.  Once  a  resident  judgeship  is  assigned to a
10    subcircuit,  it  shall  continue  to  be  assigned  to   that
11    subcircuit for all purposes.
12        (b)  The  22nd  circuit  shall have a total of 3 resident
13    judgeships.
14        (c)  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, with
18    respect to the resident judgeships of the 22nd  circuit,  and
19    (ii)  the  resident  judgeships of the 22nd circuit filled at
20    the 2004 general  election  as  those  judgeships  thereafter
21    become  vacant,  for  election  from  the various subcircuits
22    until there is one resident judge to  be  elected  from  each
23    subcircuit.  No resident judge of the 22nd circuit serving on
24    the effective date of this amendatory Act of the 93rd General
25    Assembly shall be required to change his or her residency  in
26    order  to  continue serving in office or to seek retention in
27    office as resident judgeships are  allotted  by  the  Supreme
28    Court in accordance with this Section.
29        (d)  A  resident judge of a subcircuit must reside in the
30    subcircuit and must continue to reside in that subcircuit  as
31    long as he or she holds that office.
32        (e)  Vacancies in resident judgeships of the 22nd circuit
33    shall  be  filled in the manner provided in Article VI of the
34    Illinois Constitution.
 
                            -20-     LRB093 03372 RCE 16569 a
 1        Section 15.  The Judicial Vacancies  Act  is  amended  by
 2    changing Section 2 as follows:

 3        (705 ILCS 40/2) (from Ch. 37, par. 72.42)
 4        Sec.  2.  (a)  Except as provided in paragraphs (1), (2),
 5    (3), and (4), and (5) of this subsection  (a),  vacancies  in
 6    the  office  of  a resident circuit judge in any county or in
 7    any unit or subcircuit of any circuit shall not be filled.
 8             (1)  If  in  any  county   of   less   than   45,000
 9        inhabitants  there  remains  in  office no other resident
10        judge following the occurrence of a vacancy, such vacancy
11        shall be filled.
12             (2)  If in any county of 45,000  or  more  but  less
13        than  60,000 inhabitants there remains in office only one
14        resident judge following the  occurrence  of  a  vacancy,
15        such vacancy shall be filled.
16             (3)  If in any county of 60,000 or more inhabitants,
17        other than the County of Cook or as provided in paragraph
18        (5),  there  remain  in  office  no  more than 2 resident
19        judges  following  the  occurrence  of  a  vacancy,  such
20        vacancy shall be filled.
21             (4)  The County of  Cook  shall  have  165  resident
22        judges on and after the effective date of this amendatory
23        Act  of 1990.  Of those resident judgeships, (i) 56 shall
24        be those authorized before the  effective  date  of  this
25        amendatory  Act  of  1990 from the unit of the Circuit of
26        Cook County  within  Chicago,  (ii)  27  shall  be  those
27        authorized  before  the effective date of this amendatory
28        Act of 1990 from the unit of the Circuit of  Cook  County
29        outside  Chicago,  (iii)  12 shall be additional resident
30        judgeships first  elected  at  the  general  election  in
31        November  of  1992,  (iv) 10 shall be additional resident
32        judgeships first  elected  at  the  general  election  in
33        November of 1994, and (v) 60 shall be additional resident
 
                            -21-     LRB093 03372 RCE 16569 a
 1        judgeships  to  be authorized one each for each reduction
 2        upon vacancy in the office  of  associate  judge  in  the
 3        Circuit  of Cook County as those vacancies exist or occur
 4        on and after the effective date of this amendatory Act of
 5        1990  and  as  those  vacancies  are   determined   under
 6        subsection  (b)  of Section 2 of the Associate Judges Act
 7        until the total resident judgeships authorized under this
 8        item (v) is 60.  Seven  of  the  12  additional  resident
 9        judgeships  provided  in  item  (iii)  may  be  filled by
10        appointment  by  the  Supreme  Court  during  the  period
11        beginning on the effective date of this amendatory Act of
12        1990 and ending 60 days before the  primary  election  in
13        March  of  1992;  those  judicial  appointees shall serve
14        until the first Monday in December of 1992.  Five of  the
15        12  additional resident judgeships provided in item (iii)
16        may be filled by appointment by the Supreme Court  during
17        the  period  beginning  July  1,  1991 and ending 60 days
18        before the primary  election  in  March  of  1992;  those
19        judicial appointees shall serve until the first Monday in
20        December  of  1992.   Five  of the 10 additional resident
21        judgeships  provided  in  item  (iv)  may  be  filled  by
22        appointment  by  the  Supreme  Court  during  the  period
23        beginning July 1, 1992 and  ending  60  days  before  the
24        primary   election  in  March  of  1994;  those  judicial
25        appointees shall serve until the first Monday in December
26        of 1994.  The remaining 5 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,  1993  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        1994.   The  additional  resident judgeships created upon
33        vacancy in the office of associate judge provided in item
34        (v) may be filled by appointment  by  the  Supreme  Court
 
                            -22-     LRB093 03372 RCE 16569 a
 1        beginning on the effective date of this amendatory Act of
 2        1990;  but no additional resident judgeships created upon
 3        vacancy in the office of associate judge provided in item
 4        (v) shall be filled during the 59 day period  before  the
 5        next  primary election to nominate judges. The Circuit of
 6        Cook County shall be divided into units to  be  known  as
 7        subcircuits  as  provided  in  Section  2f of the Circuit
 8        Courts Act. A vacancy in the office of resident judge  of
 9        the Circuit of Cook County existing on or occurring on or
10        after  the effective date of this amendatory Act of 1990,
11        but before the date the subcircuits are created  by  law,
12        shall  be filled by appointment by the Supreme Court from
13        the unit within Chicago or the unit outside  Chicago,  as
14        the  case  may be, in which the vacancy occurs and filled
15        by election from the subcircuit to which it  is  allotted
16        under Section 2f of the Circuit Courts Act.  A vacancy in
17        the  office  of  resident  judge  of  the Circuit of Cook
18        County existing on or occurring on or after the date  the
19        subcircuits  are  created  by  law  shall  be  filled  by
20        appointment by the Supreme Court and by election from the
21        subcircuit  to  which  it is allotted under Section 2f of
22        the Circuit Courts Act.
23             (5)  Resident judges in the  12th,  19th,  and  22nd
24        judicial circuits are as provided in Sections 2f-1, 2f-2,
25        2f-4, and 2f-5 of the Circuit Courts Act.
26        (b)  Nothing  in  paragraphs (2) or (3) of subsection (a)
27    of this Section shall be construed to require  or  permit  in
28    any  county  a  greater  number of resident judges than there
29    were resident associate judges on January 1, 1967.
30        (c)  Vacancies authorized to be filled by this Section  2
31    shall  be  filled in the manner provided in Article VI of the
32    Constitution.
33        (d)  A person appointed to fill a vacancy in  the  office
34    of  circuit  judge  shall  be,  at the time of appointment, a
 
                            -23-     LRB093 03372 RCE 16569 a
 1    resident of  the  subcircuit  from  which  the  person  whose
 2    vacancy  is  being filled was elected if the vacancy occurred
 3    in a circuit divided into  subcircuits  Cook  County.   If  a
 4    vacancy  in the office of circuit judge occurred in a circuit
 5    not divided into subcircuits other than Cook County, a person
 6    appointed to fill the  vacancy  shall  be,  at  the  time  of
 7    appointment,  a resident of the circuit from which the person
 8    whose vacancy  is  being  filled  was  elected.    Except  as
 9    provided  in  Sections  2f-1,  2f-2,  2f-4,  and  2f-5 of the
10    Circuit Courts Act, if a vacancy occurred in the office of  a
11    resident  circuit  judge,  a  person  appointed  to  fill the
12    vacancy shall be, at the time of appointment, a  resident  of
13    the  county  from  which  the  person  whose vacancy is being
14    filled was elected.
15    (Source: P.A. 90-342, eff. 8-8-97.)

16        Section 20.  The  Associate  Judges  Act  is  amended  by
17    changing Section 2 as follows:

18        (705 ILCS 45/2) (from Ch. 37, par. 160.2)
19        Sec.  2.  (a)  The  maximum  number  of  associate judges
20    authorized for each circuit is the greater of the  applicable
21    minimum  number  specified  in  this  Section or one for each
22    35,000 or fraction thereof in population as determined by the
23    last preceding Federal census, except  for  circuits  with  a
24    population of more than 3,000,000 where the maximum number of
25    associate  judges  is one for each 29,000 or fraction thereof
26    in population as determined by  the  last  preceding  federal
27    census,  reduced in circuits of less than 200,000 inhabitants
28    by the number of  resident  circuit  judges  elected  in  the
29    circuit  in  excess  of  one  per  county.   In  addition, in
30    circuits of 1,000,000 or more inhabitants, there shall be one
31    additional associate  judge  authorized  for  each  municipal
32    district of the circuit court. The number of associate judges
 
                            -24-     LRB093 03372 RCE 16569 a
 1    to  be  appointed  in each circuit, not to exceed the maximum
 2    authorized, shall be determined from  time  to  time  by  the
 3    Circuit   Court.  The  minimum  number  of  associate  judges
 4    authorized for any circuit  consisting  of  a  single  county
 5    shall  be  14,  except  that  the minimum in the 22nd circuit
 6    shall  be  8.   The  minimum  number  of   associate   judges
 7    authorized  for  any  circuit consisting of 2 counties with a
 8    combined population of at least 275,000 but less than 300,000
 9    shall  be  10.   The  minimum  number  of  associate   judges
10    authorized  for  any  circuit  with  a population of at least
11    303,000 but not more than 309,000 shall be  10.  The  minimum
12    number  of associate judges authorized for any circuit with a
13    population of at least 329,000, but  not  more  than  335,000
14    shall   be   11.  The  minimum  number  of  associate  judges
15    authorized for any circuit with  a  population  of  at  least
16    173,000  shall  be  5.   As  used  in  this Section, the term
17    "resident circuit judge" has the  meaning  given  it  in  the
18    Judicial Vacancies Act.
19        (b)  The  maximum  number  of associate judges authorized
20    under subsection (a) for a circuit with a population of  more
21    than   3,000,000   shall  be  reduced  as  provided  in  this
22    subsection (b).  For each vacancy that exists on or occurs on
23    or after the effective date of this amendatory Act  of  1990,
24    that  maximum  number shall be reduced by one until the total
25    number of associate judges authorized under subsection (a) is
26    reduced by 60.  A vacancy exists or occurs when an  associate
27    judge   dies,   resigns,  retires,  is  removed,  or  is  not
28    reappointed upon expiration of his or  her  term;  a  vacancy
29    does  not  exist  or occur at the expiration of a term if the
30    associate judge is reappointed.
31        (c)  The maximum number of  associate  judges  authorized
32    under  subsection  (a) for the 12th judicial circuit shall be
33    reduced as provided in this subsection (c). For each  vacancy
34    that  exists  on  or  occurs after the effective date of this
 
                            -25-     LRB093 03372 RCE 16569 a
 1    amendatory Act of the 93rd  General  Assembly,  that  maximum
 2    number  shall  be  reduced  by  one until the total number of
 3    associate judges authorized under subsection (a)  is  reduced
 4    by  2.  A  vacancy  exists  or occurs when an associate judge
 5    dies, resigns, retires, is removed,  or  is  not  reappointed
 6    upon  expiration of his or her term; a vacancy does not exist
 7    or occur at the expiration of a term if the  associate  judge
 8    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.".