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093_SB0075ham003
LRB093 03372 JAM 17151 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
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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 subcircuitsCook County for each judicial subcircuit in that
9 circuitCook 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
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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
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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
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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
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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
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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,
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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
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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
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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 subcircuitsCook County shall be
33 composed of (i) the ward and township committeemen of the
34 townships and wards composing the judicial subcircuit in Cook
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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
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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
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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.
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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.)
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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
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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
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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.
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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
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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 17151 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
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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 17151 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 17151 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 17151 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 subcircuitsCook County. If a
21 vacancy in the office of circuit judge occurred in a circuit
22 not divided into subcircuitsother 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 17151 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 17151 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.".
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