98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2592

 

Introduced 6/18/2013, by Sen. Pamela J. Althoff - Dan Duffy

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/6A-1  from Ch. 46, par. 6A-1
10 ILCS 5/6A-3  from Ch. 46, par. 6A-3

    If and only if House Bill 2418 of the 98th General Assembly becomes law, amends the Election Code by deleting language providing for the establishment of a county board of election commissioners in a county with a population of more than 700,000 persons as of the 2010 federal decennial census that borders another state and borders no more than 2 other Illinois counties. Effective immediately or on the date House Bill 2418 of the 98th General Assembly takes effect, whichever is later.


LRB098 12351 HLH 46664 b

 

 

A BILL FOR

 

SB2592LRB098 12351 HLH 46664 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. If and only if House Bill 2418 of the 98th
5General Assembly becomes law, then the Election Code is amended
6by changing Sections 6A-1 and 6A-3 as follows:
 
7    (10 ILCS 5/6A-1)  (from Ch. 46, par. 6A-1)
8    Sec. 6A-1. (a) Any county in which there is no city,
9village or incorporated town with a board of election
10commissioners may establish a county board of election
11commissioners either (1) by ordinance of the county board or
12(2) by vote of the electors of the county in accordance with
13subsection (a) of Section 6A-2.
14    The fact that some territory in a county is within the
15corporate limits of a city, village or incorporated town with a
16board of election commissioners does not prevent that county
17from establishing a county board of election commissioners in
18accordance with this Article if no portion of such city,
19village or incorporated town was within the county at the time
20of the establishment of the board of election commissioners for
21such city, village or incorporated town. If such a county
22establishes a county board of election commissioners pursuant
23to this Article, the county board of election commissioners

 

 

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1shall, with respect to the territory in the county within the
2corporate limits of the city, village or incorporated town,
3supersede the board of election commissioners of that city,
4village or incorporated town.
5    (b) (Blank). Any county with a population of more than
6700,000 persons as of the 2010 federal decennial census that
7borders another state and borders no more than 2 other Illinois
8counties, shall be subject to a county board of election
9commissioners beginning 90 days after the effective date of
10this amendatory Act of the 98th General Assembly.
11    (c) Any county with a population of less than 200,000 but
12more than 175,000 persons as of the 2010 federal decennial
13census in which a city, village, or incorporated town with a
14board of election commissioners is located may establish a
15county board of election commissioners by vote of the electors
16of the county in accordance with subsection (b) of Section
176A-2. If such a county establishes a county board of election
18commissioners, the county board of election commissioners,
19with respect to the territory in the county within the
20corporate limits of the city, village, or incorporated town,
21shall supersede the board of election commissioners of that
22city village, or incorporated town.
23(Source: P.A. 81-1433; 09800HB2418sam002.)
 
24    (10 ILCS 5/6A-3)  (from Ch. 46, par. 6A-3)
25    Sec. 6A-3. Commissioners; filling vacancies.

 

 

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1    (a) If the county board adopts an ordinance providing for
2the establishment of a county board of election commissioners,
3or if a majority of the votes cast on a proposition submitted
4in accordance with Section 6A-2(a) are in favor of a county
5board of election commissioners, a county board of election
6commissioners shall be appointed in the same manner as is
7provided in Article 6 for boards of election commissioners in
8cities, villages and incorporated towns, except that the county
9board of election commissioners shall be appointed by the
10chairman of the county board rather than the circuit court.
11However, before any appointments are made, the appointing
12authority shall ascertain whether the county clerk desires to
13be a member of the county board of election commissioners. If
14the county clerk so desires, he shall be one of the members of
15the county board of election commissioners, and the appointing
16authority shall appoint only 2 other members.
17    (b) (Blank). For any county board of election commissioners
18established under subsection (b) of Section 6A-1, within 30
19days after the effective date of this amendatory Act of the
2098th General Assembly, the chief judge of the circuit court of
21the county shall appoint 5 commissioners. At least 4 of those
22commissioners shall be selected from the 2 major established
23political parties of the State, with at least 2 from each of
24those parties. Such appointment shall be entered of record in
25the office of the County Clerk and the State Board of
26Elections. Those first appointed shall hold their offices for

 

 

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1the period of one, 2, and 3 years respectively, and the judge
2appointing them shall designate the term for which each
3commissioner shall hold his or her office, whether for one, 2
4or 3 years except that no more than one commissioner from each
5major established political party may be designated the same
6term. After the initial term, each commissioner or his or her
7successor shall be appointed to a 3 year term. No elected
8official or former elected official who has been out of elected
9office for less than 2 years may be appointed to the board.
10Vacancies shall be filled by the chief judge of the circuit
11court within 30 days of the vacancy in a manner that maintains
12the foregoing political party representation.
13    (c) For any county board of election commissioners
14established under subsection (c) of Section 6A-1, within 30
15days after the conclusion of the election at which the
16proposition to establish a county board of election
17commissioners is approved by the voters, the municipal board
18shall apply to the circuit court of the county for the chief
19judge of the circuit court to appoint 2 additional
20commissioners, one of whom shall be from each major established
21political party and neither of whom shall reside within the
22limits of the municipal board, so that 3 commissioners shall
23reside within the limits of the municipal board and 2 shall
24reside within the county but not within the municipality, as it
25may exist from time to time. Not more than 3 of the
26commissioners shall be members of the same major established

 

 

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1political party. Vacancies shall be filled by the chief judge
2of the circuit court upon application of the remaining
3commissioners in a manner that maintains the foregoing
4geographical and political party representation.
5(Source: P.A. 91-358, eff. 7-29-99; 09800HB2418sam002.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law or on the date House Bill 2418 of the 98th General
8Assembly takes effect, whichever is later.