093_SB0075ham002

 










                                     LRB093 03372 JAM 16956 a

 1                     AMENDMENT TO SENATE BILL 75

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

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

 7        (10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
 8        Sec. 7-7.  For  the  purpose  of  making  nominations  in
 9    certain  instances  as provided in this Article and this Act,
10    the following committees are authorized and shall  constitute
11    the  central  or managing committees of each political party,
12    viz: A State central committee, a congressional committee for
13    each congressional district, a county central  committee  for
14    each  county,  a  municipal  central committee for each city,
15    incorporated town or village, a ward  committeeman  for  each
16    ward  in cities containing a population of 500,000 or more; a
17    township committeeman for each township or part of a township
18    that lies outside of cities having a population of 200,000 or
19    more, in counties having a population of 2,000,000 or more; a
20    precinct committeeman for each precinct in counties having  a
21    population  of  less  than 2,000,000; a county board district
22    committee  for  each  county  board  district  created  under
 
                            -2-      LRB093 03372 JAM 16956 a
 1    Division  2-3  of  the  Counties  Code;  a  State's  Attorney
 2    committee for each group of 2 or more counties which  jointly
 3    elect  a  State's  Attorney; a Superintendent of Multi-County
 4    Educational Service Region committee for each group of  2  or
 5    more  counties  which  jointly  elect  a  Superintendent of a
 6    Multi-County  Educational  Service  Region;  and  a  judicial
 7    subcircuit committee  in  a  judicial  circuit  divided  into
 8    subcircuits  Cook County for each judicial subcircuit in that
 9    circuit Cook County.
10    (Source: P.A. 87-1052.)

11        (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
12        Sec. 7-8.  The State central committee shall be  composed
13    of one or two members from each congressional district in the
14    State and shall be elected as follows:
15                       State Central Committee
16        (a)  Within  30  days  after  the  effective date of this
17    amendatory Act of 1983 the State central  committee  of  each
18    political party shall certify to the State Board of Elections
19    which of the following alternatives it wishes to apply to the
20    State central committee of that party.
21        Alternative  A.  At the primary held on the third Tuesday
22    in March  1970,  and  at  the  primary  held  every  4  years
23    thereafter,  each  primary elector may vote for one candidate
24    of his party for member of the State  central  committee  for
25    the   congressional  district  in  which  he  resides.    The
26    candidate receiving the highest  number  of  votes  shall  be
27    declared   elected   State   central  committeeman  from  the
28    district. A political party may, in lieu of the foregoing, by
29    a majority vote of delegates at any State convention of  such
30    party,  determine  to  thereafter  elect  the  State  central
31    committeemen in the manner following:
32        At  the  county  convention  held by such political party
33    State central committeemen  shall  be  elected  in  the  same
 
                            -3-      LRB093 03372 JAM 16956 a
 1    manner  as  provided  in  this  Article  for  the election of
 2    officers of the county central committee, and  such  election
 3    shall  follow  the election of officers of the county central
 4    committee.   Each  elected   ward,   township   or   precinct
 5    committeeman  shall cast as his vote one vote for each ballot
 6    voted in his ward, township, part of a township  or  precinct
 7    in  the  last  preceding  primary  election  of his political
 8    party. In the case of a county  lying  partially  within  one
 9    congressional   district   and   partially   within   another
10    congressional  district,  each  ward,  township  or  precinct
11    committeeman   shall   vote   only   with   respect   to  the
12    congressional district in which his ward, township, part of a
13    township  or  precinct  is  located.   In  the  case   of   a
14    congressional   district  which  encompasses  more  than  one
15    county, each ward, township or precinct committeeman residing
16    within the congressional district shall cast as his vote  one
17    vote  for  each ballot voted in his ward, township, part of a
18    township or precinct in the last preceding  primary  election
19    of  his  political  party  for one candidate of his party for
20    member of the State central committee for  the  congressional
21    district  in which he resides and the Chairman  of the county
22    central committee shall report the results of the election to
23    the State Board of Elections. The State  Board  of  Elections
24    shall  certify  the candidate receiving the highest number of
25    votes   elected   State   central   committeeman   for   that
26    congressional district.
27        The State central committee shall adopt rules to  provide
28    for  and govern the procedures to be followed in the election
29    of members of the State central committee.
30        After the effective date of this amendatory  Act  of  the
31    91st  General  Assembly,  whenever  a  vacancy  occurs in the
32    office of Chairman of a State central committee,  or  at  the
33    end  of  the  term  of  office of Chairman, the State central
34    committee  of  each  political  party   that   has   selected
 
                            -4-      LRB093 03372 JAM 16956 a
 1    Alternative  A  shall  elect  a  Chairman  who  shall  not be
 2    required to be a member of the State Central Committee.   The
 3    Chairman shall be a registered voter in this State and of the
 4    same political party as the State central committee.
 5        Alternative   B.  Each   congressional  committee  shall,
 6    within 30  days  after  the  adoption  of  this  alternative,
 7    appoint  a  person  of the sex opposite that of the incumbent
 8    member  for  that  congressional  district  to  serve  as  an
 9    additional member of the State central committee until his or
10    her successor is elected at the general primary  election  in
11    1986.    Each   congressional   committee   shall  make  this
12    appointment by voting on the basis set forth in paragraph (e)
13    of this  Section.  In  each  congressional  district  at  the
14    general  primary  election  held  in  1986  and every 4 years
15    thereafter, the male candidate receiving the  highest  number
16    of  votes  of  the  party's male candidates for State central
17    committeeman, and the female candidate receiving the  highest
18    number  of  votes  of the party's female candidates for State
19    central  committeewoman,  shall  be  declared  elected  State
20    central committeeman and State  central  committeewoman  from
21    the  district.   At the general primary election held in 1986
22    and every 4 years thereafter, if all a party's candidates for
23    State central committeemen or  State  central  committeewomen
24    from  a  congressional  district  are  of  the  same sex, the
25    candidate receiving the highest  number  of  votes  shall  be
26    declared  elected  a  State  central  committeeman  or  State
27    central  committeewoman  from the district, and, because of a
28    failure to elect one male and one female to the committee,  a
29    vacancy  shall  be  declared  to  exist  in the office of the
30    second  member  of  the  State  central  committee  from  the
31    district.  This vacancy shall be filled by appointment by the
32    congressional committee  of  the  political  party,  and  the
33    person  appointed  to fill the vacancy shall be a resident of
34    the congressional district and of the sex  opposite  that  of
 
                            -5-      LRB093 03372 JAM 16956 a
 1    the  committeeman  or  committeewoman  elected at the general
 2    primary election.  Each congressional  committee  shall  make
 3    this  appointment  by  voting  on  the  basis  set  forth  in
 4    paragraph (e) of this Section.
 5        The  Chairman  of  a  State central committee composed as
 6    provided in this Alternative B  must  be  selected  from  the
 7    committee's members.
 8        Except  as  provided for in Alternative A with respect to
 9    the selection of the Chairman of the State central committee,
10    under both of the foregoing alternatives, the  State  central
11    committee  of  each  political  party  shall  be  composed of
12    members elected or appointed from the  several  congressional
13    districts  of  the  State,  and of no other person or persons
14    whomsoever.  The  members  of  the  State  central  committee
15    shall,  within 30 days after each quadrennial election of the
16    full committee, meet in the city of Springfield and  organize
17    by  electing  a  chairman,  and  may  at such time elect such
18    officers from among their own number (or otherwise), as  they
19    may deem necessary or expedient. The outgoing chairman of the
20    State  central  committee  of the party shall, 10 days before
21    the  meeting,  notify  each  member  of  the  State   central
22    committee  elected  at  the  primary of the time and place of
23    such meeting. In the  organization  and  proceedings  of  the
24    State  central committee, each State central committeeman and
25    State central committeewoman shall have  one  vote  for  each
26    ballot  voted  in  his  or  her congressional district by the
27    primary electors of his or her party at the primary  election
28    immediately  preceding  the  meeting  of  the  State  central
29    committee.  Whenever  a  vacancy  occurs in the State central
30    committee of any political party, the vacancy shall be filled
31    by  appointment  of  the  chairmen  of  the  county   central
32    committees  of  the  political  party of the counties located
33    within the congressional district in which the vacancy occurs
34    and, if applicable, the ward and township committeemen of the
 
                            -6-      LRB093 03372 JAM 16956 a
 1    political party in counties of 2,000,000 or more  inhabitants
 2    located   within   the   congressional   district.    If  the
 3    congressional district  in  which  the  vacancy  occurs  lies
 4    wholly  within a county of 2,000,000 or more inhabitants, the
 5    ward and township committeemen of the political party in that
 6    congressional district shall vote to fill  the  vacancy.   In
 7    voting to fill the vacancy, each chairman of a county central
 8    committee and each ward and township committeeman in counties
 9    of 2,000,000 or more inhabitants shall have one vote for each
10    ballot  voted  in each precinct of the congressional district
11    in which the vacancy exists of his or her  county,  township,
12    or  ward  cast by the primary electors of his or her party at
13    the primary election immediately  preceding  the  meeting  to
14    fill  the vacancy in the State central committee.  The person
15    appointed to fill the vacancy shall  be  a  resident  of  the
16    congressional  district in which the vacancy occurs, shall be
17    a qualified voter, and, in a committee composed  as  provided
18    in  Alternative  B,  shall  be  of the same sex as his or her
19    predecessor. A political party may, by a majority vote of the
20    delegates of any State convention of such party, determine to
21    return to the election  of  State  central  committeeman  and
22    State central committeewoman by the vote of primary electors.
23    Any  action  taken by a political party at a State convention
24    in accordance with this Section  shall  be  reported  to  the
25    State  Board  of  Elections  by the chairman and secretary of
26    such convention within 10 days after such action.
27              Ward, Township and Precinct Committeemen
28        (b)  At the primary held on the third Tuesday  in  March,
29    1972,  and  every 4 years thereafter, each primary elector in
30    cities having a population of 200,000 or over  may  vote  for
31    one candidate of his party in his ward for ward committeeman.
32    Each  candidate  for  ward committeeman must be a resident of
33    and  in  the  ward  where  he  seeks  to  be   elected   ward
34    committeeman.  The  one  having  the  highest number of votes
 
                            -7-      LRB093 03372 JAM 16956 a
 1    shall be such ward committeeman of such party for such  ward.
 2    At  the  primary election held on the third Tuesday in March,
 3    1970, and every 4 years thereafter, each primary  elector  in
 4    counties  containing  a  population  of  2,000,000  or  more,
 5    outside of cities containing a population of 200,000 or more,
 6    may  vote  for  one  candidate  of  his  party  for  township
 7    committeeman.  Each  candidate for township committeeman must
 8    be a resident of and in the township or part  of  a  township
 9    (which  lies outside of a city having a population of 200,000
10    or more, in counties containing a population of 2,000,000  or
11    more),  and  in which township or part of a township he seeks
12    to be elected  township  committeeman.  The  one  having  the
13    highest  number  of votes shall be such township committeeman
14    of such party for such township or part of a township. At the
15    primary held on the third Tuesday in March, 1970 and every  2
16    years  thereafter,  each  primary elector, except in counties
17    having a population of 2,000,000 or over, may  vote  for  one
18    candidate   of   his  party  in  his  precinct  for  precinct
19    committeeman. Each candidate for precinct  committeeman  must
20    be  a bona fide resident of the precinct where he seeks to be
21    elected precinct committeeman. The  one  having  the  highest
22    number  of  votes shall be such precinct committeeman of such
23    party for such precinct. The official returns of the  primary
24    shall  show  the  name  of the committeeman of each political
25    party.
26        Terms of Committeemen. All precinct committeemen  elected
27    under  the  provisions of this Article shall continue as such
28    committeemen until the date of the primary to be held in  the
29    second   year  after  their  election.  Except  as  otherwise
30    provided  in  this  Section   for   certain   State   central
31    committeemen  who  have  2  year  terms,  all  State  central
32    committeemen,  township  committeemen  and  ward committeemen
33    shall continue as such committeemen until the date of primary
34    to be held in the fourth year after their election.  However,
 
                            -8-      LRB093 03372 JAM 16956 a
 1    a  vacancy exists in the office of precinct committeeman when
 2    a precinct committeeman ceases to reside in the  precinct  in
 3    which  he  was  elected  and such precinct committeeman shall
 4    thereafter neither have nor exercise any  rights,  powers  or
 5    duties  as committeeman in that precinct, even if a successor
 6    has not been elected or appointed.
 7        (c)  The Multi-Township Central Committee  shall  consist
 8    of   the   precinct   committeemen  of  such  party,  in  the
 9    multi-township assessing district formed pursuant to  Section
10    2-10  of the Property Tax Code and shall be organized for the
11    purposes set forth in Section 45-25 of the Township Code.  In
12    the   organization  and  proceedings  of  the  Multi-Township
13    Central Committee each precinct committeeman shall  have  one
14    vote  for  each  ballot  voted in his precinct by the primary
15    electors of his party at the primary at which he was elected.
16                      County Central Committee
17        (d)  The county central committee of each political party
18    in  each  county  shall  consist  of  the  various   township
19    committeemen, precinct committeemen and ward committeemen, if
20    any,  of  such  party  in the county. In the organization and
21    proceedings of the county central  committee,  each  precinct
22    committeeman shall have one vote for each ballot voted in his
23    precinct  by the primary electors of his party at the primary
24    at which he was elected;  each  township  committeeman  shall
25    have  one  vote for each ballot voted in his township or part
26    of a township as the case may be by the primary  electors  of
27    his  party  at  the  primary  election  for the nomination of
28    candidates for election to the General  Assembly  immediately
29    preceding the meeting of the county central committee; and in
30    the  organization  and  proceedings  of  the  county  central
31    committee,  each  ward  committeeman  shall have one vote for
32    each ballot voted in his ward by the primary electors of  his
33    party   at   the  primary  election  for  the  nomination  of
34    candidates for election to the General  Assembly  immediately
 
                            -9-      LRB093 03372 JAM 16956 a
 1    preceding the meeting of the county central committee.
 2                       Congressional Committee
 3        (e)  The  congressional  committee  of each party in each
 4    congressional district shall be composed of the  chairmen  of
 5    the  county  central committees of the counties composing the
 6    congressional  district,   except   that   in   congressional
 7    districts wholly within the territorial limits of one county,
 8    or partly within 2 or more counties, but not coterminous with
 9    the  county  lines  of  all  of  such  counties, the precinct
10    committeemen, township committeemen and ward committeemen, if
11    any, of the  party  representing  the  precincts  within  the
12    limits  of  the  congressional  district,  shall  compose the
13    congressional committee. A State central committeeman in each
14    district shall be a  member  and  the  chairman  or,  when  a
15    district  has  2 State central committeemen, a co-chairman of
16    the congressional committee, but shall not have the right  to
17    vote except in case of a tie.
18        In  the  organization  and  proceedings  of congressional
19    committees composed  of  precinct  committeemen  or  township
20    committeemen   or   ward  committeemen,  or  any  combination
21    thereof, each precinct committeeman shall have one  vote  for
22    each  ballot voted in his precinct by the primary electors of
23    his party at the  primary  at  which  he  was  elected,  each
24    township  committeeman  shall  have  one vote for each ballot
25    voted in his township or part of a township as the  case  may
26    be  by  the  primary  electors  of  his  party at the primary
27    election   immediately   preceding   the   meeting   of   the
28    congressional committee, and  each  ward  committeeman  shall
29    have  one  vote for each ballot voted in each precinct of his
30    ward located in such congressional district  by  the  primary
31    electors  of  his  party  at the primary election immediately
32    preceding the meeting of the congressional committee; and  in
33    the  organization and proceedings of congressional committees
34    composed of the chairmen of the county central committees  of
 
                            -10-     LRB093 03372 JAM 16956 a
 1    the  counties  within  such  district,  each chairman of such
 2    county central committee shall have one vote for each  ballot
 3    voted  in  his county by the primary electors of his party at
 4    the primary election immediately preceding the meeting of the
 5    congressional committee.
 6                     Judicial District Committee
 7        (f)  The judicial district committee  of  each  political
 8    party  in  each  judicial  district  shall be composed of the
 9    chairman of the county central  committees  of  the  counties
10    composing the judicial district.
11        In  the organization and proceedings of judicial district
12    committees composed of the chairmen  of  the  county  central
13    committees   of  the  counties  within  such  district,  each
14    chairman of such county central committee shall have one vote
15    for each ballot voted in his county by the  primary  electors
16    of  his  party  at the primary election immediately preceding
17    the meeting of the judicial district committee.
18                       Circuit Court Committee
19        (g)  The circuit court committee of each political  party
20    in  each  judicial  circuit  outside  Cook  County  shall  be
21    composed  of the chairmen of the county central committees of
22    the counties composing the judicial circuit.
23        In the organization  and  proceedings  of  circuit  court
24    committees, each chairman of a county central committee shall
25    have  one  vote  for  each  ballot voted in his county by the
26    primary  electors  of  his  party  at  the  primary  election
27    immediately  preceding  the  meeting  of  the  circuit  court
28    committee.
29                    Judicial Subcircuit Committee
30        (g-1)  The  judicial   subcircuit   committee   of   each
31    political  party  in  each  judicial subcircuit in a judicial
32    circuit  divided  into  subcircuits  Cook  County  shall   be
33    composed  of  (i)  the  ward and township committeemen of the
34    townships and wards composing the judicial subcircuit in Cook
 
                            -11-     LRB093 03372 JAM 16956 a
 1    County and (ii) the precinct committeemen  of  the  precincts
 2    composing  the  judicial  subcircuit in any county other than
 3    Cook County.
 4        In the organization  and  proceedings  of  each  judicial
 5    subcircuit  committee,  each township committeeman shall have
 6    one vote for each ballot voted in his township or part  of  a
 7    township,  as  the case may be, in the judicial subcircuit by
 8    the primary electors of his party  at  the  primary  election
 9    immediately  preceding the meeting of the judicial subcircuit
10    committee; each precinct committeeman shall have one vote for
11    each ballot voted in his precinct or part of a  precinct,  as
12    the  case  may  be, in the judicial subcircuit by the primary
13    electors of his party at  the  primary  election  immediately
14    preceding  the  meeting of the judicial subcircuit committee;
15    and each ward committeeman  shall  have  one  vote  for  each
16    ballot  voted  in his ward or part of a ward, as the case may
17    be, in the judicial subcircuit by the primary electors of his
18    party at  the  primary  election  immediately  preceding  the
19    meeting of the judicial subcircuit committee.
20                     Municipal Central Committee
21        (h)  The  municipal  central  committee of each political
22    party shall be composed of the  precinct,  township  or  ward
23    committeemen,  as the case may be, of such party representing
24    the precincts or wards, embraced in such  city,  incorporated
25    town  or  village.  The  voting  strength  of  each precinct,
26    township  or  ward  committeeman  on  the  municipal  central
27    committee shall be the same as his  voting  strength  on  the
28    county central committee.
29        For  political  parties, other than a statewide political
30    party, established only within a  municipality  or  township,
31    the   municipal  or  township  managing  committee  shall  be
32    composed of the  party  officers  of  the  local  established
33    party.  The party officers of a local established party shall
34    be  as  follows: the chairman and secretary of the caucus for
 
                            -12-     LRB093 03372 JAM 16956 a
 1    those municipalities and townships authorized by  statute  to
 2    nominate  candidates  by caucus shall serve as party officers
 3    for the purpose of  filling  vacancies  in  nomination  under
 4    Section  7-61; for municipalities and townships authorized by
 5    statute or ordinance to nominate candidates by  petition  and
 6    primary  election,  the  party  officers shall be the party's
 7    candidates who are nominated at the  primary.   If  no  party
 8    primary  was  held  because of the provisions of Section 7-5,
 9    vacancies in  nomination  shall  be  filled  by  the  party's
10    remaining candidates who shall serve as the party's officers.
11                               Powers
12        (i)  Each  committee  and  its  officers  shall  have the
13    powers usually  exercised  by  such  committees  and  by  the
14    officers  thereof,  not  inconsistent  with the provisions of
15    this Article. The  several  committees  herein  provided  for
16    shall  not  have  power  to  delegate any of their powers, or
17    functions to any other person, officer or committee, but this
18    shall not be construed to prevent a committee from appointing
19    from its own membership proper and necessary subcommittees.
20        (j)  The State central committee  of  a  political  party
21    which  elects it members by Alternative B under paragraph (a)
22    of this Section shall adopt a plan  to  give  effect  to  the
23    delegate  selection rules of the national political party and
24    file a copy of such plan with the State  Board  of  Elections
25    when approved by a national political party.
26        (k)  For  the  purpose of the designation of a proxy by a
27    Congressional Committee to vote in place of an  absent  State
28    central  committeeman  or  committeewoman  at meetings of the
29    State central committee of a political party which elects its
30    members by Alternative B under paragraph (a) of this Section,
31    the proxy shall be appointed by the  vote  of  the  ward  and
32    township  committeemen,  if  any,  of the wards and townships
33    which lie entirely  or  partially  within  the  Congressional
34    District  from which the absent State central committeeman or
 
                            -13-     LRB093 03372 JAM 16956 a
 1    committeewoman was elected and the vote of  the  chairmen  of
 2    the  county  central  committees  of those counties which lie
 3    entirely or partially within that Congressional District  and
 4    in  which  there  are  no ward or township committeemen. When
 5    voting for such proxy the county chairman, ward  committeeman
 6    or  township  committeeman, as the case may be shall have one
 7    vote for each ballot voted in his county, ward  or  township,
 8    or  portion thereof within the Congressional District, by the
 9    primary electors of his party at the primary at which he  was
10    elected.  However,  the  absent State central committeeman or
11    committeewoman may designate a proxy when  permitted  by  the
12    rules  of  a  political  party  which  elects  its members by
13    Alternative B under paragraph (a) of this Section.
14    (Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)

15        Section 10. The Circuit Courts Act is amended by changing
16    Sections 1 and 2 and by adding Sections 2f-1, 2f-2, 2f-4, and
17    2f-5 as follows:

18        (705 ILCS 35/1) (from Ch. 37, par. 72.1)
19        Sec. 1.  Judicial circuits created. The  county  of  Cook
20    shall  be  one  judicial  circuit  and the State of Illinois,
21    exclusive of the county of Cook, shall be and is divided into
22    judicial circuits as follows:
23        First  Circuit--The  counties  of   Alexander,   Pulaski,
24    Massac, Pope, Johnson, Union, Jackson, Williamson and Saline.
25        Second  Circuit--The counties of Hardin, Gallatin, White,
26    Hamilton,  Franklin,  Wabash,  Edwards,   Wayne,   Jefferson,
27    Richland, Lawrence and Crawford.
28        Third Circuit--The counties of Madison and Bond.
29        Fourth  Circuit--The  counties  of Clinton, Marion, Clay,
30    Fayette, Effingham, Jasper, Montgomery, Shelby and Christian.
31        Fifth Circuit--The counties of Vermilion,  Edgar,  Clark,
32    Cumberland and Coles.
 
                            -14-     LRB093 03372 JAM 16956 a
 1        Sixth   Circuit--The   counties  of  Champaign,  Douglas,
 2    Moultrie, Macon, DeWitt and Piatt.
 3        Seventh  Circuit--The  counties  of  Sangamon,  Macoupin,
 4    Morgan, Scott, Greene and Jersey.
 5        Eighth Circuit--The counties of Adams,  Schuyler,  Mason,
 6    Cass, Brown, Pike, Calhoun and Menard.
 7        Ninth  Circuit--The  counties of Knox, Warren, Henderson,
 8    Hancock, McDonough and Fulton.
 9        Tenth Circuit--The counties of Peoria, Marshall,  Putnam,
10    Stark and Tazewell.
11        Eleventh  Circuit--The  counties  of  McLean, Livingston,
12    Logan, Ford and Woodford.
13        Twelfth Circuit--The county of Will.
14        Thirteenth Circuit--The counties of Bureau,  LaSalle  and
15    Grundy.
16        Fourteenth  Circuit--The counties of Rock Island, Mercer,
17    Whiteside and Henry.
18        Fifteenth Circuit--The counties of JoDaviess, Stephenson,
19    Carroll, Ogle and Lee.
20        Sixteenth  Circuit--The  counties  of  Kane,  DeKalb  and
21    Kendall.
22        Seventeenth Circuit--The counties of Winnebago and Boone.
23        Eighteenth Circuit--The county of DuPage.
24        Nineteenth Circuit--Before December 4, 2006, the counties
25    of Lake and McHenry. On  and  after  December  4,  2006,  the
26    County of Lake.
27        Twentieth  Circuit--The counties of Randolph, Monroe, St.
28    Clair, Washington and Perry.
29        Twenty-first  Circuit--The  counties  of   Iroquois   and
30    Kankakee.
31        Twenty-second Circuit--On and after December 4, 2006, the
32    County of McHenry.
33    (Source: P.A. 84-1030.)
 
                            -15-     LRB093 03372 JAM 16956 a
 1        (705 ILCS 35/2) (from Ch. 37, par. 72.2)
 2        Sec.  2.   Circuit judges shall be elected at the general
 3    elections and for terms as provided  in  Article  VI  of  the
 4    Illinois  Constitution.  Ninety-four  circuit judges shall be
 5    elected in the Circuit of Cook County and  3  circuit  judges
 6    shall  be  elected  in  each  of  the  other circuits, but in
 7    circuits other than Cook County containing  a  population  of
 8    230,000  or more inhabitants and in which there is included a
 9    county  containing  a   population   of   200,000   or   more
10    inhabitants, or in circuits other than Cook County containing
11    a population of 270,000 or more inhabitants, according to the
12    last  preceding  federal  census and in the circuit where the
13    seat of State government is situated at the time fixed by law
14    for the nomination of judges of the  Circuit  Court  in  such
15    circuit  and  in any circuit which meets the requirements set
16    out in Section 2a of this Act,  4  circuit  judges  shall  be
17    elected  in  the  manner  provided by law.  In circuits other
18    than Cook County in which each county in the  circuit  has  a
19    population  of  475,000  or  more,  4 circuit judges shall be
20    elected in addition to the 4 circuit judges provided  for  in
21    this Section.  In any circuit composed of 2 counties having a
22    total  population of 350,000 or more, one circuit judge shall
23    be elected in addition to the 4 circuit judges  provided  for
24    in this Section.
25        Notwithstanding  the  provisions  of  this Section or any
26    other law, the number of at  large  judgeships  of  the  12th
27    judicial  circuit  may  be  reduced by one or 2 judgeships as
28    provided in subsection (a-10) of Section 2f-4.
29        The several judges of the circuit courts of  this  State,
30    before  entering  upon the duties of their office, shall take
31    and subscribe the following oath or affirmation, which  shall
32    be filed in the office of the Secretary of State:
33        "I do solemnly swear (or affirm, as the case may be) that
34    I will support the constitution of the United States, and the
 
                            -16-     LRB093 03372 JAM 16956 a
 1    constitution  of  the  State  of  Illinois,  and  that I will
 2    faithfully  discharge  the  duties  of  judge  of....  court,
 3    according to the best of my ability."
 4        One of the 3 additional circuit judgeships authorized  by
 5    this  amendatory  Act  in  circuits other than Cook County in
 6    which each county in the circuit has a population of  475,000
 7    or  more  may  be  filled  when  this Act becomes law.  The 2
 8    remaining circuit judgeships in such circuits  shall  not  be
 9    filled until on or after July 1, 1977.
10    (Source: P.A. 86-786; 86-1478.)

11        (705 ILCS 35/2f-1 new)
12        Sec. 2f-1.  19th and 22nd judicial circuits.
13        (a)  On  December  4,  2006, the 19th judicial circuit is
14    divided into the 19th and 22nd judicial circuits as  provided
15    in  Section  1  of the Circuit Courts Act. This division does
16    not invalidate any action taken by the 19th judicial  circuit
17    or  any  of its judges, officers, employees, or agents before
18    December 4, 2006. This division does not affect any  person's
19    rights,  obligations,  or  duties, including applicable civil
20    and criminal penalties, arising out of any  action  taken  by
21    the  19th  judicial  circuit  or any of its judges, officers,
22    employees, or agents before December 4, 2006.
23        (b)  Of the 7 circuit judgeships elected at large in  the
24    19th circuit before the general election in 2006, the Supreme
25    Court  shall  assign  5 to the 19th circuit and 2 to the 22nd
26    circuit, based  on  residency  of  the  circuit  judges  then
27    holding  those judgeships. The 5 assigned to the 19th circuit
28    shall continue to be elected at large. The 2 assigned to  the
29    22nd circuit shall continue to be elected at large.
30        (c)  The  6  resident judgeships elected from Lake County
31    before the general election in  2006  shall  become  resident
32    judgeships in the 19th circuit on December 4, 2006, and the 3
33    resident  judgeships  elected  from McHenry County before the
 
                            -17-     LRB093 03372 JAM 16956 a
 1    general election in 2006 shall become resident judgeships  in
 2    the 22nd circuit on December 4, 2006.
 3        (d)  On   December  4,  2006,  the  Supreme  Court  shall
 4    allocate the associate judgeships of the 19th circuit  before
 5    that  date  between  the  19th and 22nd circuits based on the
 6    population of those circuits.
 7        (e)  On  December  4,  2006,  the  Supreme  Court   shall
 8    allocate personnel, books, records, documents, property (real
 9    and   personal),  funds,  assets,  liabilities,  and  pending
10    matters concerning the 19th circuit before that date  between
11    the  19th  and  22nd  circuits  based  on  the population and
12    staffing needs of those circuits and the efficient and proper
13    administration  of  the  judicial  system.  The   rights   of
14    employees  under  applicable collective bargaining agreements
15    are not affected by this amendatory Act of the  93rd  General
16    Assembly.
17        (f)  The judgeships set forth in this Section include the
18    judgeships  authorized  under  Sections  2g,  2h, and 2j. The
19    judgeships authorized in those Sections are not  in  addition
20    to those set forth in this Section.

21        (705 ILCS 35/2f-2 new)
22        Sec. 2f-2.  19th judicial circuit; subcircuits.
23        (a)  The   19th   circuit   shall   be   divided  into  6
24    subcircuits.  The subcircuits shall be  compact,  contiguous,
25    and  substantially equal in population.  The General Assembly
26    by law shall create the subcircuits on or before February  1,
27    2004, using population data as determined by the 2000 federal
28    census,  and  shall  determine  a  numerical  order for the 6
29    subcircuits.  That numerical order shall be the basis for the
30    order in  which  resident  judgeships  are  assigned  to  the
31    subcircuits.  Once  a  resident  judgeship  is  assigned to a
32    subcircuit,  it  shall  continue  to  be  assigned  to   that
33    subcircuit for all purposes.
 
                            -18-     LRB093 03372 JAM 16956 a
 1        (b)  The  19th  circuit  shall have a total of 6 resident
 2    judgeships.
 3        (c)  The Supreme Court shall allot (i) all  vacancies  in
 4    resident  judgeships  of  the  19th  circuit  existing  on or
 5    occurring on or after the effective date of  this  amendatory
 6    Act  of  the 93rd General Assembly and not filled at the 2004
 7    general election and (ii) the resident judgeships of the 19th
 8    circuit  filled  at  the  2004  general  election  as   those
 9    judgeships  thereafter  become  vacant, for election from the
10    various subcircuits until there is one resident judge  to  be
11    elected  from  each subcircuit. No resident judge of the 19th
12    circuit serving on the effective date of this amendatory  Act
13    of  the 93rd General Assembly shall be required to change his
14    or her residency in order to continue serving in office or to
15    seek retention in office as resident judgeships are  allotted
16    by the Supreme Court in accordance with this Section.
17        (d)  A  resident judge of a subcircuit must reside in the
18    subcircuit and must continue to reside in that subcircuit  as
19    long as he or she holds that office.
20        (e)  Vacancies in resident judgeships of the 19th circuit
21    shall  be  filled in the manner provided in Article VI of the
22    Illinois Constitution.

23        (705 ILCS 35/2f-4 new)
24        Sec. 2f-4.  12th circuit; subcircuits; additional judges.
25        (a)  The  12th  circuit   shall   be   divided   into   5
26    subcircuits.   The  subcircuits shall be compact, contiguous,
27    and substantially equal in population.  The General  Assembly
28    by  law shall create the subcircuits on or before February 1,
29    2004, using population data as determined by the 2000 federal
30    census, and shall determine  a  numerical  order  for  the  5
31    subcircuits.  That numerical order shall be the basis for the
32    order  in  which  resident  judgeships  are  assigned  to the
33    subcircuits. Once a  resident  judgeship  is  assigned  to  a
 
                            -19-     LRB093 03372 JAM 16956 a
 1    subcircuit,   it  shall  continue  to  be  assigned  to  that
 2    subcircuit for all purposes.
 3        (a-5)  Two of the  12th  circuit's  associate  judgeships
 4    shall  be  allotted as 12th circuit resident judgeships under
 5    subsection (c) as those associate judgeships are converted to
 6    resident judgeships in  accordance  with  Section  2  of  the
 7    Associate Judges Act.
 8        (a-10)  Of   the   12th  circuit's  10  existing  circuit
 9    judgeships (8 at large and 2 resident), 2 shall  be  allotted
10    as  12th  circuit resident judgeships under subsection (c) as
11    the first 2 of any of those at large and resident  judgeships
12    become  vacant  on  or  after  the  effective  date  of  this
13    amendatory  Act of the 93rd General Assembly. As used in this
14    subsection, a vacancy does not include the  expiration  of  a
15    term  of an at large or resident judge who seeks retention in
16    that office at the next term.
17        (b)  The 12th circuit shall have one additional  resident
18    judgeship,  as  well as its 2 existing resident judgeships, 8
19    at large judgeships, and 2 former associate judgeships, for a
20    total of 13 judgeships available to  be  allotted  to  the  5
21    subcircuit  resident  judgeships.   The  additional  resident
22    judgeship  created by this amendatory Act of the 93rd General
23    Assembly shall be filled by election beginning at the general
24    election in 2006.  After the subcircuits are created by  law,
25    the  Supreme  Court  shall fill by appointment the additional
26    resident judgeship created by this amendatory Act of the 93rd
27    General Assembly until the 2006 general election.
28        (c)  The Supreme Court shall  allot  (i)  the  additional
29    resident  judgeship  of  the  12th  circuit  created  by this
30    amendatory Act of the 93rd General Assembly, (ii) the first 2
31    vacancies in the at large and resident judgeships of the 12th
32    circuit  as  provided  in  subsection  (a-10),  and  (iii)  2
33    associate  judgeships  of  the  12th  circuit  as  they   are
34    converted  to  resident  judgeships as provided in subsection
 
                            -20-     LRB093 03372 JAM 16956 a
 1    (a-5), for election from the various subcircuits until  there
 2    is  one resident judge to be elected from each subcircuit. No
 3    at large or resident judge of the 12th circuit serving on the
 4    effective date of this amendatory Act  of  the  93rd  General
 5    Assembly  shall be required to change his or her residency in
 6    order to continue serving in office or to seek  retention  in
 7    office as at large or resident judgeships are allotted by the
 8    Supreme Court in accordance with this Section.
 9        (d)  A  resident judge of a subcircuit must reside in the
10    subcircuit and must continue to reside in that subcircuit  as
11    long as he or she holds that office.
12        (e)  Vacancies in resident judgeships of the 12th circuit
13    shall  be  filled in the manner provided in Article VI of the
14    Illinois Constitution.

15        (705 ILCS 35/2f-5 new)
16        Sec. 2f-5.  22nd circuit; subcircuits.
17        (a)  The  22nd  circuit   shall   be   divided   into   3
18    subcircuits.   The  subcircuits shall be compact, contiguous,
19    and substantially equal in population.  The General  Assembly
20    by  law shall create the subcircuits on or before February 1,
21    2004, using population data as determined by the 2000 federal
22    census, and shall determine  a  numerical  order  for  the  3
23    subcircuits.  That numerical order shall be the basis for the
24    order  in  which  resident  judgeships  are  assigned  to the
25    subcircuits. Once a  resident  judgeship  is  assigned  to  a
26    subcircuit,   it  shall  continue  to  be  assigned  to  that
27    subcircuit for all purposes.
28        (b)  The 22nd circuit shall have a total  of  3  resident
29    judgeships.
30        (c)  The  Supreme  Court shall allot (i) all vacancies in
31    resident judgeships  of  the  22nd  circuit  existing  on  or
32    occurring  on  or after the effective date of this amendatory
33    Act of the 93rd General Assembly and not filled at  the  2004
 
                            -21-     LRB093 03372 JAM 16956 a
 1    general election and (ii) the resident judgeships of the 22nd
 2    circuit   filled  at  the  2004  general  election  as  those
 3    judgeships thereafter become vacant, for  election  from  the
 4    various  subcircuits  until there is one resident judge to be
 5    elected from each subcircuit. No resident judge of  the  22nd
 6    circuit  serving on the effective date of this amendatory Act
 7    of the 93rd General Assembly shall be required to change  his
 8    or her residency in order to continue serving in office or to
 9    seek  retention in office as resident judgeships are allotted
10    by the Supreme Court in accordance with this Section.
11        (d)  A resident judge of a subcircuit must reside in  the
12    subcircuit  and must continue to reside in that subcircuit as
13    long as he or she holds that office.
14        (e)  Vacancies in resident judgeships of the 22nd circuit
15    shall be filled in the manner provided in Article VI  of  the
16    Illinois Constitution.

17        Section  15.  The  Judicial  Vacancies  Act is amended by
18    changing Section 2 as follows:

19        (705 ILCS 40/2) (from Ch. 37, par. 72.42)
20        Sec. 2.  (a) Except as provided in paragraphs  (1),  (2),
21    (3),  and  (4),  and (5) of this subsection (a), vacancies in
22    the office of a resident circuit judge in any  county  or  in
23    any unit or subcircuit of any circuit shall not be filled.
24             (1)  If   in   any   county   of  less  than  45,000
25        inhabitants there remains in  office  no  other  resident
26        judge following the occurrence of a vacancy, such vacancy
27        shall be filled.
28             (2)  If  in  any  county  of 45,000 or more but less
29        than 60,000 inhabitants there remains in office only  one
30        resident  judge  following  the  occurrence of a vacancy,
31        such vacancy shall be filled.
32             (3)  If in any county of 60,000 or more inhabitants,
 
                            -22-     LRB093 03372 JAM 16956 a
 1        other than the County of Cook or as provided in paragraph
 2        (5), there remain in  office  no  more  than  2  resident
 3        judges  following  the  occurrence  of  a  vacancy,  such
 4        vacancy shall be filled.
 5             (4)  The  County  of  Cook  shall  have 165 resident
 6        judges on and after the effective date of this amendatory
 7        Act of 1990.  Of those resident judgeships, (i) 56  shall
 8        be  those  authorized  before  the effective date of this
 9        amendatory Act of 1990 from the unit of  the  Circuit  of
10        Cook  County  within  Chicago,  (ii)  27  shall  be those
11        authorized before the effective date of  this  amendatory
12        Act  of  1990 from the unit of the Circuit of Cook County
13        outside Chicago, (iii) 12 shall  be  additional  resident
14        judgeships  first  elected  at  the  general  election in
15        November of 1992, (iv) 10 shall  be  additional  resident
16        judgeships  first  elected  at  the  general  election in
17        November of 1994, and (v) 60 shall be additional resident
18        judgeships to be authorized one each for  each  reduction
19        upon  vacancy  in  the  office  of associate judge in the
20        Circuit of Cook County as those vacancies exist or  occur
21        on and after the effective date of this amendatory Act of
22        1990   and   as  those  vacancies  are  determined  under
23        subsection (b) of Section 2 of the Associate  Judges  Act
24        until the total resident judgeships authorized under this
25        item  (v)  is  60.   Seven  of the 12 additional resident
26        judgeships provided  in  item  (iii)  may  be  filled  by
27        appointment  by  the  Supreme  Court  during  the  period
28        beginning on the effective date of this amendatory Act of
29        1990  and  ending  60 days before the primary election in
30        March of 1992;  those  judicial  appointees  shall  serve
31        until  the first Monday in December of 1992.  Five of the
32        12 additional resident judgeships provided in item  (iii)
33        may  be filled by appointment by the Supreme Court during
34        the period beginning July 1,  1991  and  ending  60  days
 
                            -23-     LRB093 03372 JAM 16956 a
 1        before  the  primary  election  in  March  of 1992; those
 2        judicial appointees shall serve until the first Monday in
 3        December of 1992.  Five of  the  10  additional  resident
 4        judgeships  provided  in  item  (iv)  may  be  filled  by
 5        appointment  by  the  Supreme  Court  during  the  period
 6        beginning  July  1,  1992  and  ending 60 days before the
 7        primary  election  in  March  of  1994;  those   judicial
 8        appointees shall serve until the first Monday in December
 9        of  1994.   The remaining 5 of the 10 additional resident
10        judgeships  provided  in  item  (iv)  may  be  filled  by
11        appointment  by  the  Supreme  Court  during  the  period
12        beginning July 1, 1993 and  ending  60  days  before  the
13        primary   election  in  March  of  1994;  those  judicial
14        appointees shall serve until the first Monday in December
15        1994.  The additional resident  judgeships  created  upon
16        vacancy in the office of associate judge provided in item
17        (v)  may  be  filled  by appointment by the Supreme Court
18        beginning on the effective date of this amendatory Act of
19        1990; but no additional resident judgeships created  upon
20        vacancy in the office of associate judge provided in item
21        (v)  shall  be filled during the 59 day period before the
22        next primary election to nominate judges. The Circuit  of
23        Cook  County  shall  be divided into units to be known as
24        subcircuits as provided in  Section  2f  of  the  Circuit
25        Courts  Act. A vacancy in the office of resident judge of
26        the Circuit of Cook County existing on or occurring on or
27        after the effective date of this amendatory Act of  1990,
28        but  before  the date the subcircuits are created by law,
29        shall be filled by appointment by the Supreme Court  from
30        the  unit  within Chicago or the unit outside Chicago, as
31        the case may be, in which the vacancy occurs  and  filled
32        by  election  from the subcircuit to which it is allotted
33        under Section 2f of the Circuit Courts Act.  A vacancy in
34        the office of resident  judge  of  the  Circuit  of  Cook
 
                            -24-     LRB093 03372 JAM 16956 a
 1        County  existing on or occurring on or after the date the
 2        subcircuits  are  created  by  law  shall  be  filled  by
 3        appointment by the Supreme Court and by election from the
 4        subcircuit to which it is allotted under  Section  2f  of
 5        the Circuit Courts Act.
 6             (5)  Resident  judges  in  the  12th, 19th, and 22nd
 7        judicial circuits are as provided in Sections 2f-1, 2f-2,
 8        2f-4, and 2f-5 of the Circuit Courts Act.
 9        (b)  Nothing in paragraphs (2) or (3) of  subsection  (a)
10    of  this  Section  shall be construed to require or permit in
11    any county a greater number of  resident  judges  than  there
12    were resident associate judges on January 1, 1967.
13        (c)  Vacancies  authorized to be filled by this Section 2
14    shall be filled in the manner provided in Article VI  of  the
15    Constitution.
16        (d)  A  person  appointed to fill a vacancy in the office
17    of circuit judge shall be, at  the  time  of  appointment,  a
18    resident  of  the  subcircuit  from  which  the  person whose
19    vacancy is being filled was elected if the  vacancy  occurred
20    in  a  circuit  divided  into  subcircuits Cook County.  If a
21    vacancy in the office of circuit judge occurred in a  circuit
22    not divided into subcircuits other than Cook County, a person
23    appointed  to  fill  the  vacancy  shall  be,  at the time of
24    appointment, a resident of the circuit from which the  person
25    whose  vacancy  is  being  filled  was  elected.    Except as
26    provided in Sections  2f-1,  2f-2,  2f-4,  and  2f-5  of  the
27    Circuit  Courts Act, if a vacancy occurred in the office of a
28    resident circuit  judge,  a  person  appointed  to  fill  the
29    vacancy  shall  be, at the time of appointment, a resident of
30    the county from which  the  person  whose  vacancy  is  being
31    filled was elected.
32    (Source: P.A. 90-342, eff. 8-8-97.)

33        Section  20.  The  Associate  Judges  Act  is  amended by
 
                            -25-     LRB093 03372 JAM 16956 a
 1    changing Section 2 as follows:

 2        (705 ILCS 45/2) (from Ch. 37, par. 160.2)
 3        Sec. 2.  (a)  The  maximum  number  of  associate  judges
 4    authorized  for each circuit is the greater of the applicable
 5    minimum number specified in this  Section  or  one  for  each
 6    35,000 or fraction thereof in population as determined by the
 7    last  preceding  Federal  census,  except for circuits with a
 8    population of more than 3,000,000 where the maximum number of
 9    associate judges is one for each 29,000 or  fraction  thereof
10    in  population  as  determined  by the last preceding federal
11    census, reduced in circuits of less than 200,000  inhabitants
12    by  the  number  of  resident  circuit  judges elected in the
13    circuit in  excess  of  one  per  county.   In  addition,  in
14    circuits of 1,000,000 or more inhabitants, there shall be one
15    additional  associate  judge  authorized  for  each municipal
16    district of the circuit court. The number of associate judges
17    to be appointed in each circuit, not to  exceed  the  maximum
18    authorized,  shall  be  determined  from  time to time by the
19    Circuit  Court.  The  minimum  number  of  associate   judges
20    authorized  for  any  circuit  consisting  of a single county
21    shall be 14, except that the  minimum  in  the  22nd  circuit
22    shall   be   8.   The  minimum  number  of  associate  judges
23    authorized for any circuit consisting of 2  counties  with  a
24    combined population of at least 275,000 but less than 300,000
25    shall   be  10.   The  minimum  number  of  associate  judges
26    authorized for any circuit with  a  population  of  at  least
27    303,000  but  not  more than 309,000 shall be 10. The minimum
28    number of associate judges authorized for any circuit with  a
29    population  of  at  least  329,000, but not more than 335,000
30    shall  be  11.  The  minimum  number  of   associate   judges
31    authorized  for  any  circuit  with  a population of at least
32    173,000 shall be 5.   As  used  in  this  Section,  the  term
33    "resident  circuit  judge"  has  the  meaning given it in the
 
                            -26-     LRB093 03372 JAM 16956 a
 1    Judicial Vacancies Act.
 2        (b)  The maximum number of  associate  judges  authorized
 3    under  subsection (a) for a circuit with a population of more
 4    than  3,000,000  shall  be  reduced  as  provided   in   this
 5    subsection (b).  For each vacancy that exists on or occurs on
 6    or  after  the effective date of this amendatory Act of 1990,
 7    that maximum number shall be reduced by one until  the  total
 8    number of associate judges authorized under subsection (a) is
 9    reduced  by 60.  A vacancy exists or occurs when an associate
10    judge  dies,  resigns,  retires,  is  removed,  or   is   not
11    reappointed  upon  expiration  of  his or her term; a vacancy
12    does not exist or occur at the expiration of a  term  if  the
13    associate judge is reappointed.
14        (c)  The  maximum  number  of associate judges authorized
15    under subsection (a) for the 12th judicial circuit  shall  be
16    reduced  as provided in this subsection (c). For each vacancy
17    that exists on or occurs after the  effective  date  of  this
18    amendatory  Act  of  the  93rd General Assembly, that maximum
19    number shall be reduced by one  until  the  total  number  of
20    associate  judges  authorized under subsection (a) is reduced
21    by 2. A vacancy exists or occurs when  (i)  a  new  associate
22    judgeship  has  been  authorized under subsection (a) for the
23    12th judicial circuit, but has not been filled by appointment
24    or  (ii)  an  associate  judge  dies,  resigns,  retires,  is
25    removed, or is not reappointed upon expiration of his or  her
26    term.  A vacancy does not exist or occur at the expiration of
27    a term if the associate judge is reappointed.
28    (Source: P.A. 92-17, eff. 6-28-01.)

29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.".