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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 Circuit Courts Act is amended by changing
5Sections 1 and 2f-9 and by adding Sections 2f-10 and 2f-11 as
6follows:
 
7    (705 ILCS 35/1)  (from Ch. 37, par. 72.1)
8    Sec. 1. Judicial circuits created. The county of Cook shall
9be one judicial circuit and the State of Illinois, exclusive of
10the county of Cook, shall be and is divided into judicial
11circuits as follows:
12    First Circuit--The counties of Alexander, Pulaski, Massac,
13Pope, Johnson, Union, Jackson, Williamson and Saline.
14    Second Circuit--The counties of Hardin, Gallatin, White,
15Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson,
16Richland, Lawrence and Crawford.
17    Third Circuit--The counties of Madison and Bond.
18    Fourth Circuit--The counties of Clinton, Marion, Clay,
19Fayette, Effingham, Jasper, Montgomery, Shelby and Christian.
20    Fifth Circuit--The counties of Vermilion, Edgar, Clark,
21Cumberland and Coles.
22    Sixth Circuit--The counties of Champaign, Douglas,
23Moultrie, Macon, DeWitt and Piatt.

 

 

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1    Seventh Circuit--The counties of Sangamon, Macoupin,
2Morgan, Scott, Greene and Jersey.
3    Eighth Circuit--The counties of Adams, Schuyler, Mason,
4Cass, Brown, Pike, Calhoun and Menard.
5    Ninth Circuit--The counties of Knox, Warren, Henderson,
6Hancock, McDonough and Fulton.
7    Tenth Circuit--The counties of Peoria, Marshall, Putnam,
8Stark and Tazewell.
9    Eleventh Circuit--The counties of McLean, Livingston,
10Logan, Ford and Woodford.
11    Twelfth Circuit--The county of Will.
12    Thirteenth Circuit--The counties of Bureau, LaSalle and
13Grundy.
14    Fourteenth Circuit--The counties of Rock Island, Mercer,
15Whiteside and Henry.
16    Fifteenth Circuit--The counties of JoDaviess, Stephenson,
17Carroll, Ogle and Lee.
18    Sixteenth Circuit--Before December 3, 2012, the counties
19of Kane, DeKalb, and Kendall. On and after December 3, 2012,
20the County of Kane. The counties of Kane, DeKalb and 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
24of Lake and McHenry. On and after December 4, 2006, the County
25of Lake.
26    Twentieth Circuit--The counties of Randolph, Monroe, St.

 

 

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1Clair, Washington and Perry.
2    Twenty-first Circuit--The counties of Iroquois and
3Kankakee.
4    Twenty-second Circuit--On and after December 4, 2006, the
5County of McHenry.
6    Twenty-third Circuit--On and after December 3, 2012, the
7counties of DeKalb and Kendall.
8(Source: P.A. 93-541, eff. 8-18-03.)
 
9    (705 ILCS 35/2f-9)
10    Sec. 2f-9. 16th judicial circuit; subcircuits.
11    (a) The 16th circuit shall be divided into 4 5 subcircuits.
12Subcircuits 1, 2, and 4 of the 16th circuit in existence on
13April 15, 2011 shall continue to use their established
14boundaries in the new 16th circuit as of December 3, 2012.
15Subcircuit 3 in existence on April 15, 2011 shall continue to
16use its established boundary until December 3, 2012. For a
17judge elected to subcircuit 3 as of April 15, 2011, the current
18boundaries in existence as of April 15, 2011 shall continue
19until the conclusion of the existing term of office, following
20the 2012 general election, and upon the conclusion of the
21existing term of office, the new boundary shall go into effect.
22The new boundary for subcircuit 3 shall contain and be made up
23of the following townships in the County of Kane, excluding the
24portions of the townships currently served by subcircuit 1, 2,
25or 4: Aurora, Blackberry, Big Rock, Burlington, Campton,

 

 

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1Dundee, Elgin, Hampshire, Kaneville, Plato, Rutland, Sugar
2Grove, and Virgil. The subcircuits shall be compact,
3contiguous, and substantially equal in population. The General
4Assembly by law shall create the subcircuits, using population
5data as determined by the 2000 federal census, and shall
6determine a numerical order for the 4 5 subcircuits. That
7numerical order shall be the basis for the order in which
8resident judgeships are assigned to the subcircuits. Once a
9resident judgeship is assigned to a subcircuit, it shall
10continue to be assigned to that subcircuit for all purposes.
11    (b) (Blank). Of the 16th circuit's 16 circuit judgeships
12existing on April 7, 2005 (7 at large and 9 resident), but not
13including the 3 resident judgeships added by this amendatory
14Act of the 96th General Assembly, 5 of the 9 resident
15judgeships shall be allotted as 16th circuit resident
16judgeships under subsection (c) as (i) the first resident
17judgeship of DeKalb County, (ii) the first resident judgeship
18of Kendall County, and (iii) the first 2 resident judgeships of
19Kane County are or become vacant on or after the effective date
20of this amendatory Act of the 93rd General Assembly, and (iv)
21the first resident judgeship of Kane County (in addition to the
222 vacancies under item (iii)) is or becomes vacant after the
23effective date of this amendatory Act of the 94th General
24Assembly. These 5 resident subcircuit judgeships and the
25remaining 7 resident judgeships shall constitute all of the
26resident judgeships of the 16th circuit. As used in this

 

 

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1subsection, a vacancy does not include the expiration of a term
2of a resident judge who seeks retention in that office at the
3next term.
4    (c) The Supreme Court shall allot the first eligible DeKalb
5County vacancy, the first eligible Kendall County vacancy, and
6the first 3 eligible Kane County vacancies in resident
7judgeships of the 16th circuit as provided in subsection (b),
8for election from the various subcircuits. The judgeships shall
9be assigned to the subcircuits based upon the numerical order
10of the 5 subcircuits. No resident judge of the 16th circuit
11serving on the effective date of this amendatory Act of the
1293rd General Assembly shall be required to change his or her
13residency in order to continue serving in office or to seek
14retention in office as judgeships are allotted by the Supreme
15Court in accordance with this Section. No resident judge
16elected from a subcircuit serving on the effective date of this
17amendatory Act of the 97th General Assembly shall be required
18to change his or her residency in order to continue serving in
19or to seek retention in office until the 2012 general election,
20or until the conclusion of the existing term.
21    (d) A resident judge elected from a subcircuit shall
22continue to reside in that subcircuit as long as he or she
23holds that office. A resident judge elected from a subcircuit
24after January 1, 2008, must retain residency as a registered
25voter in the subcircuit to run for retention from the circuit
26at large thereafter. A resident judge elected from a subcircuit

 

 

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1after January 1, 2011, must retain residency as a registered
2voter in the subcircuit to run for retention from the circuit
3at large thereafter.
4    (e) Vacancies in resident judgeships of the 16th circuit
5shall be filled in the manner provided in Article VI of the
6Illinois Constitution.
7(Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.)
 
8    (705 ILCS 35/2f-10 new)
9    Sec. 2f-10. 16th and 23rd judicial circuits.
10    (a) On December 3, 2012, the 16th judicial circuit is
11divided into the 16th and 23rd judicial circuits as provided in
12Section 1 of the Circuit Courts Act. This division does not
13invalidate any action taken by the 16th judicial circuit or any
14of its judges, officers, employees, or agents before December
153, 2012. This division does not affect any person's rights,
16obligations, or duties, including applicable civil and
17criminal penalties, arising out of any action taken by the 16th
18judicial circuit or any of its judges, officers, employees, or
19agents before December 3, 2012.
20    (b) The 16th circuit shall have one additional resident
21judgeship to be allotted by the Supreme Court under subsection
22(d). The additional resident judgeship shall be filled by
23election beginning at the 2012 general election.
24    (c) The 16th circuit shall have an additional resident
25judgeship from Kendall County to be allotted by the Supreme

 

 

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1Court. The additional judgeship shall be filled by election
2beginning at the 2012 general election. This judgeship shall
3become a resident judgeship from Kendall County in the 23rd
4circuit on December 3, 2012.
5    (d) The Supreme Court shall allot: (i) all vacancies in at
6large judgeships or resident judgeships from the County of Kane
7of the 16th circuit existing on or occurring on or after the
8effective date of this amendatory Act of the 97th General
9Assembly, excluding the vacancy in subsection (e); and (ii) the
10one resident judgeship added by subsection (b), for election
11from the various subcircuits until there are 2 resident judges
12to be elected from each subcircuit. The additional resident
13judgeship added by subsection (b) that shall be filled by
14election beginning at the 2012 general election shall be
15assigned to subcircuit 2. The Supreme Court may fill the
16judgeship by appointment prior to the 2012 general election.
17The vacancies allotted by the Supreme Court under this
18subsection shall become resident judgeships of the 16th circuit
19to be assigned to the 3rd, 1st, and 4th subcircuits in that
20order. Subcircuit judgeships in the 3rd, 1st, and 4th
21subcircuits shall be filled by election as vacancies occur. No
22resident judge of the 16th circuit serving on the effective
23date of this amendatory Act of the 97th General Assembly shall
24be required to change his or her residency in order to continue
25serving in office or to seek retention in office as resident
26judgeships are allotted by the Supreme Court in accordance with

 

 

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1this Section. As used in this subsection, a vacancy does not
2include the expiration of a term of an at large judge or of a
3resident judge who intends to seek retention in that office at
4the next term.
5    (e) The Supreme Court shall assign to the 16th circuit the
67 circuit judgeships elected at large in the 16th circuit
7before and at the 2012 general election. The 3 resident
8judgeships elected from Kane County before the 2012 general
9election shall become at large circuit judgeships on December
103, 2012. An individual seeking election to one of the 7
11judgeships at large or a judge seeking retention to one of the
127 judgeships at large at the 2012 general election shall seek
13election or retention solely within the boundaries of Kane
14County. The 7 circuit judgeships assigned to the 16th circuit
15shall continue to be elected at large, and the 3 resident
16judges shall be elected at large at the first general election
17following the expiration of a term of office. Of the 7 circuit
18judgeships elected at large as of April 15, 2011, and the 3
19resident judgeships elected from Kane County before the general
20election of 2012 converting to at large judgeships on December
213, 2012, the first vacancy occurring after December 3, 2012
22shall be assigned to the 23rd circuit as a Kendall County
23resident judge. As used in this subsection, a vacancy does not
24include the expiration of a term of an at large judge or of a
25resident judge who intends to seek retention in that office at
26the next term.

 

 

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1    (f) The 3 resident judgeships elected from DeKalb County
2before the 2012 general election shall become resident
3judgeships from DeKalb County in the 23rd circuit on December
43, 2012, and the 2 resident judgeships elected from Kendall
5County before the 2012 general election shall become resident
6judgeships from Kendall County in the 23rd circuit on December
73, 2012.
8    (g) The 4 subcircuit judgeships of the 16th circuit elected
9as of April 15, 2011, shall become the 4 subcircuit judgeships
10of the 16th circuit as established in Section 2f-9. The
11remaining unfilled subcircuit judgeship of the 16th circuit as
12of April 15, 2011 shall be eliminated. If the judgeship of the
135th subcircuit of the 16th circuit is filled prior to the
14effective date of this amendatory Act of the 97th General
15Assembly, that judgeship shall be eliminated on December 3,
162012.
17    (h) On December 3, 2012, the Supreme Court shall allocate
18the associate judgeships of the 16th circuit before that date
19between the 16th and 23rd circuits. The number of associate
20judges allocated to the 23rd circuit shall be no less than 5.
21    (i) On December 3, 2012, the Supreme Court shall allocate
22personnel, books, records, documents, property (real and
23personal), funds, assets, liabilities, and pending matters
24concerning the 16th circuit before that date between the 16th
25and 23rd circuits based on the population and staffing needs of
26those circuits and the efficient and proper administration of

 

 

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1the judicial system. The rights of employees under applicable
2collective bargaining agreements are not affected by this
3amendatory Act of the 97th General Assembly.
4    (j) The judgeships set forth in this Section include the
5judgeships authorized under Sections 2g, 2h, 2j, 2k, 2m, and
62n. The judgeships authorized in those Sections are not in
7addition to those set forth in this Section.
 
8    (705 ILCS 35/2f-11 new)
9    Sec. 2f-11. 23rd judicial circuit.
10    (a) The 23rd circuit shall have a total of 6 resident
11judgeships (5 resident judgeships existing on the effective
12date of this amendatory Act of the 97th General Assembly and
13the resident judgeship for Kendall County created by the first
14vacancy of an at large resident judgeship or resident judgeship
15in the new 16th circuit).
16    (b) Vacancies in resident judgeships of the 23rd circuit
17shall be filled in the manner provided in Article VI of the
18Illinois Constitution.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.