98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2884

 

Introduced , by Rep. Dan Brady

 

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-3  from Ch. 46, par. 6A-3
10 ILCS 5/6A-4  from Ch. 46, par. 6A-4
10 ILCS 5/6A-8 new

    Amends the Election Code. Provides that when a county board of election commissioners is established in certain counties where any portion of a municipality with a municipal board of election commissioners is located, the application of certain provisions of the Code to the territory of that municipality located within that county is rejected. Authorizes the establishment of a county board of election commissioners by vote of the electors of any county with a population of less than 200,000, but more than 175,000 persons as of the 2010 federal census in which a city, village, or incorporated town or a part thereof with a board of election commissioners is located. Provides for the transfer of records from municipal board of election commissioners that has been abolished. Authorizes a county board to certify and submit a proposition to establish a county board of election commissioners. Provides that no appointed commissioner shall hold or be a candidate for any elective public or political office during his or her term. Provides that certain county boards of election commissioners shall be funded by an annual election fund tax not to exceed .040% of the value, as equalized or assessed, of all the taxable property within its jurisdiction. Effective immediately.


LRB098 08775 HLH 38901 b

 

 

A BILL FOR

 

HB2884LRB098 08775 HLH 38901 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-3, and 6A-4 and by adding Sections
66-19.5 and 6A-8 as follows:
 
7    (10 ILCS 5/6-19.5 new)
8    Sec. 6-19.5. Rejection by superseding county board of
9election commissioners. In addition to any other method of
10rejection provided in this Article, when a county board of
11election commissioners is established in accordance with
12subsection (b) of Section 6A-1 of this Code in a county in
13which any portion of a municipality with a municipal board of
14election commissioners is located, the application of the
15provisions of this Article to the territory of that
16municipality located within that county is rejected only if the
17proposition creating the county board of election
18commissioners is approved by a majority of votes cast on the
19proposition in such city, village, or incorporated town.
 
20    (10 ILCS 5/6A-1)  (from Ch. 46, par. 6A-1)
21    Sec. 6A-1. Establishment.
22    (a) Any county in which there is no city, village or

 

 

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1incorporated town with a board of election commissioners may
2establish a county board of election commissioners either (1)
3by ordinance of the county board or (2) by vote of the electors
4of the county in accordance with subsection (a) of Section
56A-2.
6    (b) Any county with a population of less than 200,000 and
7more than 175,000 persons as of the 2010 federal census in
8which a city, village, incorporated town, or a part thereof is
9located and has a board of election commissioners may establish
10a county board of election commissioners by vote of the
11electors of the county in accordance with subsection (a) of
12Section 6A-2 of this Code. If any residents of such city,
13village, or incorporated town reside in a county that adjoins
14the county in which the referendum election is held, then those
15residents shall also be entitled to vote on that referendum. If
16such a county establishes a county board of election
17commissioners, the county board of election commissioners,
18with respect to the territory in the county within the
19corporate limits of the city, village, or incorporated town,
20shall supersede the board of election commissioners of that
21city, village, or incorporated town only if the proposition
22creating the county board of election commissioners is approved
23by a majority of all of the votes cast on the proposition in
24such city, village, or incorporated town as well as by a
25majority of votes cast in the entire county.
26    The fact that some territory in a county is within the

 

 

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1corporate limits of a city, village or incorporated town with a
2board of election commissioners does not prevent that county
3from establishing a county board of election commissioners in
4accordance with this Article if no portion of such city,
5village or incorporated town was within the county at the time
6of the establishment of the board of election commissioners for
7such city, village or incorporated town. If such a county
8establishes a county board of election commissioners pursuant
9to this Article, the county board of election commissioners
10shall, with respect to the territory in the county within the
11corporate limits of the city, village or incorporated town,
12supersede the board of election commissioners of that city,
13village or incorporated town.
14(Source: P.A. 81-1433.)
 
15    (10 ILCS 5/6A-2)  (from Ch. 46, par. 6A-2)
16    Sec. 6A-2. Submission to voters.
17    (a) Whenever registered voters in a the county described in
18subsection (a) or (b) of Section 6A-1 of this Code, numbering
19at least 1,000 or 1/8 of the number voting at the last
20preceding general election in the county, whichever is less,
21petition the circuit court to submit to the electors of the
22county a proposition to establish a county board of election
23commissioners, the circuit court shall cause such proposition
24to be submitted to the electors of the county at the next
25succeeding general election.

 

 

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1    (b) A county board may, by ordinance or resolution, certify
2to the appropriate election authorities and cause to be
3submitted to the electors of such county at the next general
4election a proposition to establish a county board of election
5commissioners pursuant to subsection (a) of Section 6A-1 of
6this Code.
7    (c) The proposition shall be submitted in the same manner
8as provided in Article 6 for the adoption of Articles 6, 14 and
918 by cities, villages and incorporated towns, except that the
10question shall be stated: "Shall a county board of election
11commissioners be established for .... County?"
12    (d) If a majority of the votes cast on a proposition
13submitted in accordance with subsection (c) of this Section are
14in favor of the creation of a county board of election
15commissioners, a county board of election commissioners is
16established, provided, however, that if there exists on the
17date of the election at which the proposition is submitted to a
18board of election commissioners in any municipality in such
19county, the county board of election commissioners shall
20supersede such municipal board of election commissioners and
21the municipal board of election commissions is abolished only
22if the proposition is approved by a majority of votes cast on
23such proposition in such municipality. If any residents of such
24municipality reside in a county which adjoins the county in
25which such proposition is submitted to election, such residents
26shall be entitled to vote on such proposition.

 

 

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1(Source: P.A. 78-465.)
 
2    (10 ILCS 5/6A-3)  (from Ch. 46, par. 6A-3)
3    Sec. 6A-3. Appointment. If the county board adopts an
4ordinance providing for the establishment of a county board of
5election commissioners, or if a majority of the votes cast on a
6proposition submitted in accordance with Section 6A-2 are in
7favor of a county board of election commissioners, a county
8board of election commissioners shall be appointed in the same
9manner as is provided in Article 6 for boards of election
10commissioners in cities, villages and incorporated towns,
11except that any the county board of election commissioners in
12existence as of the effective date of this amendatory Act of
13the 98th General Assembly shall continue to be appointed by the
14chairman of the county board rather than the circuit court. No
15appointed commissioner shall hold or be a candidate for any
16elective public or political office during his or her term.
17However, before any appointments are made, the appointing
18authority shall ascertain whether the county clerk desires to
19be a member of the county board of election commissioners. If
20the county clerk so desires, he shall be one of the members of
21the county board of election commissioners, and the appointing
22authority shall appoint only 2 other members.
23(Source: P.A. 91-358, eff. 7-29-99.)
 
24    (10 ILCS 5/6A-4)  (from Ch. 46, par. 6A-4)

 

 

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1    Sec. 6A-4. Transfer of records. Upon the opening of the
2office of the county board of election commissioners, the
3county clerk and any such municipal board of election
4commissioners in a county that has been superseded and
5abolished by the creation of a county board of election
6commissioners pursuant to Section 6A-2 of this Code shall turn
7over to such board all registry books, registration record
8cards, poll books, tally sheets and ballot boxes and all other
9books, forms, blanks and stationery of every description in the
10clerk's or municipal board's possession his hands in any way
11relating to elections or the holding of elections in the
12county. Thereupon, all functions, powers and duties of the
13county 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-8 new)
18    Sec. 6A-8. Funding. Any county board of election
19commissioners established in accordance with Section 6A-2 of
20this Code shall be funded by an annual election fund tax not to
21exceed .040% of the value, as equalized or assessed, of all the
22taxable property within its jurisdiction. This tax shall be in
23addition to and exclusive of all other taxes that the county is
24now or hereafter authorized to levy and collect and shall be
25levied and collected in the same manner as the general taxes of

 

 

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1that county. Proceeds of such levy and tax shall be deposited
2into an election fund to be administered and used by the county
3board of election commissioners to pay for all expenses
4incurred in conducting elections within its jurisdiction. The
5county board of election commissioners may incur debt and may
6issue tax anticipation warrants against the taxes to be
7assessed for a calendar year.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.