97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4143

 

Introduced 1/30/2012, by Rep. Jehan A. Gordon

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/6-19.5 new
10 ILCS 5/6A-1  from Ch. 46, par. 6A-1
10 ILCS 5/6A-2  from Ch. 46, par. 6A-2
10 ILCS 5/6A-4  from Ch. 46, par. 6A-4
10 ILCS 5/6A-5  from Ch. 46, par. 6A-5

    Amends the Election Code. Permits the establishment of a county board of election commissioners, by referendum initiated by the county board, in a county with a population of less than 200,000 but more than 175,000 persons that has a municipality with a municipal board of election commissioners. Provides that, upon the opening of the office of county board of election commissioners, the county clerk and any municipal board of election commissioners in the county shall turn over to the county board any unused appropriations related to elections or the holding of elections in the county. Provides that a county board of election commissioners that supersedes a municipal board of election commissioners shall be composed of 5 members appointed by the circuit court of the county, at least 2 members shall reside in the municipality and shall be selected from the 2 leading political parties of the State, and at least 2 members shall reside outside of the municipality but within the county and shall be selected from the 2 leading political parties of the State. Provides that the annual budget of a county board of election commissioners shall be determined by the county board of that county. Effective immediately.


LRB097 17395 PJG 62597 b

 

 

A BILL FOR

 

HB4143LRB097 17395 PJG 62597 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    "Section 5. The Election Code is amended by changing
5Sections 6A-1, 6A-2, 6A-4, and 6A-5 and by adding Section
66-19.5 as follows:
 
7    (10 ILCS 5/6-19.5 new)
8    Sec. 6-19.5. Rejection of Article by superseding county
9board of election commissioners. In addition to any other
10method of rejection provided in this Article, when a county
11board of election commissioners is established in accordance
12with subsection (b) of Section 6A-1 in a county in which is
13located any portion of a municipality with a municipal board of
14election commissioners, the application of the provisions of
15this Article to the territory of that municipality located
16within that county is rejected.
 
17    (10 ILCS 5/6A-1)  (from Ch. 46, par. 6A-1)
18    Sec. 6A-1. Adoption of Article.
19    (a) Any county in which there is no city, village or
20incorporated town with a board of election commissioners may
21establish a county board of election commissioners either (1)
22by ordinance of the county board or (2) by vote of the electors

 

 

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1of the county in accordance with subsection (a) of Section
26A-2.
3    The fact that some territory in a county is within the
4corporate limits of a city, village or incorporated town with a
5board of election commissioners does not prevent that county
6from establishing a county board of election commissioners in
7accordance with this Article if no portion of such city,
8village or incorporated town was within the county at the time
9of the establishment of the board of election commissioners for
10such city, village or incorporated town. If such a county
11establishes a county board of election commissioners pursuant
12to this Article, the county board of election commissioners
13shall, with respect to the territory in the county within the
14corporate limits of the city, village or incorporated town,
15supersede the board of election commissioners of that city,
16village or incorporated town.
17    (b) Any county with a population of less than 200,000 but
18more than 175,000 persons as of the 2010 federal census in
19which a city, village, or incorporated town with a board of
20election commissioners is located may establish a county board
21of election commissioners by vote of the electors of the county
22in accordance with subsection (b) of Section 6A-2. If such a
23county establishes a county board of election commissioners,
24the county board of election commissioners, with respect to the
25territory in the county within the corporate limits of the
26city, village, or incorporated town, shall supersede the board

 

 

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1of election commissioners of that city, village, or
2incorporated town.
3(Source: P.A. 81-1433.)
 
4    (10 ILCS 5/6A-2)  (from Ch. 46, par. 6A-2)
5    Sec. 6A-2. Submission to voters.
6    (a) Whenever registered voters in a the county described in
7subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8
8of the number voting at the last preceding general election in
9the county, whichever is less, petition the circuit court to
10submit to the electors of the county a proposition to establish
11a county board of election commissioners, the circuit court
12shall cause such proposition to be submitted to the electors of
13the county at the next succeeding general election.
14    (b) After approval and certification by the county board of
15a county described in subsection (b) of Section 6A-1, the
16proposition to establish a county board of election
17commissioners shall be submitted to the electors of that county
18at the next possible general election.
19    (c) The proposition shall be submitted in the same manner
20as provided in Article 6 for the adoption of Articles 6, 14 and
2118 by cities, villages and incorporated towns, except that the
22question shall be stated: "Shall a board of election
23commissioners be established for .... County?"
24(Source: P.A. 78-465.)
 

 

 

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1    (10 ILCS 5/6A-4)  (from Ch. 46, par. 6A-4)
2    Sec. 6A-4. Transfer of records. Upon the opening of the
3office of the county board of election commissioners, the
4county clerk and any municipal board of election commissioners
5in the county shall turn over to such county board all registry
6books, registration record cards, poll books, tally sheets and
7ballot boxes and all other books, forms, blanks and stationery
8of every description in the clerk's or municipal board's
9possession his hands in any way relating to elections or the
10holding of elections in the county and any unused
11appropriations related to elections or the holding of elections
12in the county. Thereupon, all functions, powers and duties of
13the county clerk, or the county board, or the municipal board
14relating to elections in that county are transferred to the
15county board of election commissioners.
16(Source: P.A. 78-465.)
 
17    (10 ILCS 5/6A-5)  (from Ch. 46, par. 6A-5)
18    Sec. 6A-5. The provisions of Articles 6, 14 and 18 of this
19Act relating to boards of election commissioners in cities,
20villages and incorporated towns shall, insofar as they can be
21made applicable, apply to and govern county boards of election
22commissioners established pursuant to this Article. For a
23county described in subsection (b) of Section 6A-1, the board
24of election commissioners shall be composed of 5 members
25appointed by the circuit court of the county, at least 2

 

 

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1members shall reside in the municipality that had a board of
2election commissioners superseded by subsection (b) of Section
36A-1 and shall be selected from the 2 leading political parties
4of the State, one from each of those parties, and at least 2
5members shall reside outside of such municipality but within
6the county and shall be selected from the 2 leading political
7parties of the State, one from each of those parties. A deputy
8registrar serving as such by virtue of his status as a
9municipal clerk, or a duly authorized deputy of a municipal
10clerk, of a municipality the territory of which lies in more
11than one county, where one such county is governed by a county
12board of election commissioners established pursuant to this
13Article, may accept the registration of any qualified resident
14of the municipality, regardless of which county the resident,
15municipal clerk or the duly authorized deputy of the municipal
16clerk lives in. The annual budget for a county board of
17election commissioners shall be determined by the county board
18of that county. However, the county board, in fixing the
19compensation of the members of the county board of election
20commissioners and of the executive director and assistant
21executive director, is not subject to the limitations of
22Section 6-70 and may provide for either an annual salary or a
23per diem compensation.
24(Source: P.A. 85-958.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.