SB1592 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1592

 

Introduced 2/9/2017, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/6-19.5
10 ILCS 5/Art. 6B heading new
10 ILCS 5/6B-1 new
10 ILCS 5/6B-5 new
10 ILCS 5/6B-10 new
10 ILCS 5/6B-15 new
10 ILCS 5/6B-20 new
10 ILCS 5/6B-25 new
10 ILCS 5/6B-30 new
10 ILCS 5/6B-35 new
10 ILCS 5/6B-40 new
10 ILCS 5/6B-45 new
10 ILCS 5/6B-50 new
10 ILCS 5/6B-55 new
10 ILCS 5/6B-60 new
10 ILCS 5/6B-65 new
10 ILCS 5/6B-70 new

    Amends the Elections Code. Allows counties to create a board of election commissioners within the office of the county clerk. Sets forth procedures for adoption, compensation, effect, transfer of records, procurement of supplies, references, personnel, and legal representation. Creates a county director of elections. Requires certain meetings of the board. Requires retention of records and audits. Effective immediately.


LRB100 10571 MLM 20788 b

 

 

A BILL FOR

 

SB1592LRB100 10571 MLM 20788 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 Section
56-19.5 and by adding Article 6B as follows:
 
6    (10 ILCS 5/6-19.5)
7    Sec. 6-19.5. Rejection of Article by superseding county
8board of election commissioners. In addition to any other
9method of rejection provided in this Article, when a county
10board of election commissioners is established in accordance
11with subsection (c) of Section 6A-1, or when a county board of
12election commissioners within the office of the county clerk is
13established in accordance with Article 6B, in a county in which
14is located any portion of a municipality with a municipal board
15of election commissioners, the application of the provisions of
16this Article to the territory of that municipality located
17within that county is rejected.
18(Source: P.A. 98-115, eff. 7-29-13.)
 
19    (10 ILCS 5/Art. 6B heading new)
20
ARTICLE 6B. COUNTY BOARD OF ELECTION COMMISSIONERS WITHIN THE
21
OFFICE OF THE COUNTY CLERK

 

 

 

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1    (10 ILCS 5/6B-1 new)
2    Sec. 6B-1. Adoption of this Article.
3    (a) Any county may adopt this Article and establish a
4county board of election commissioners within the office of the
5county clerk by (1) ordinance of the county board and with the
6approval of the county clerk, or (2) by vote of the electors of
7the county.
8    (b) When a county board of election commissioners within
9the office of the county clerk is established in accordance
10with this Section in a county in which is located any portion
11of a municipality with a municipal board of election
12commissioners, the application of the provisions of Article 6
13of this Code to the territory of that municipality located
14within that county is rejected.
15    (c) When a county board of election commissioners within
16the office of the county clerk is established in accordance
17with this Section in a county that has previously adopted
18Article 6A of this Code, the application of the provisions of
19Article 6A to that county is rejected.
 
20    (10 ILCS 5/6B-5 new)
21    Sec. 6B-5. County board of election commissioners within
22the office of the county clerk.
23    (a) A county board of election commissioners within the
24office of the county clerk shall consist of 5 commissioners.
25The county clerk shall serve ex-officio as an election

 

 

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1commissioner, with vote, and as chairman of the county board of
2election commissioners.
3    (b) The chairman of the county board shall appoint, with
4the advice and consent of the county board, 4 commissioners
5from among the 2 leading established political parties of the
6State, with at least 2 commissioners from each of those
7parties. Two of the commissioners first appointed shall hold
8their offices until June 1 of the next odd-numbered year and
9the remaining 2 commissioners shall hold their offices until
10June 1 of the next following odd-numbered year and until their
11successors have been appointed and qualified. Thereafter the
12commissioners and their successors shall be appointed for
134-year terms such that not more than one commissioner from each
14leading political party may be designated for the same term.
15    (c) The county clerk shall give written notice to the
16chairman of the county board and the chairman of the county
17central committee of each leading political party (i) within 3
18days of any vacancy in the office of election commissioner and
19(ii) 60 days prior to the expiration of an election
20commissioner's term of office as set forth in subsection (b) of
21this Section. The notice shall reflect the name of each
22commissioner who has resigned or whose term is expiring and the
23commissioner's political affiliation. Prior to his appointment
24of commissioners under this Section, the chairman of the county
25board shall consult with elected officials who are members of
26the respective leading political parties and seek their

 

 

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1recommendation as to prospective commissioners.
2    (d) No appointed election commissioner may hold, accept, or
3seek election or appointment to any other public or political
4office during the term to which he or she was appointed an
5election commissioner.
6    (e) Each appointed election commissioner, before taking
7his or her seat on the board, shall take an oath of office,
8which in substance shall be in the following form:
9    "I, .... do solemnly swear, (or affirm) that I am a citizen
10of the United States, and that I am a legal voter and resident
11of the County of .... That I will support the Constitution of
12the United States and of the State of Illinois, and the laws
13passed in pursuance thereof, to the best of my ability, and
14will faithfully and honestly discharge the duties of the office
15of election commissioner."
16    The oath, when subscribed and sworn to, shall be filed in
17the office of the county clerk of the county and be there
18preserved. Such appointed election commissioner shall also,
19before taking such oath, give an official bond in the sum of
20$10,000.00 with two securities, to be approved by the county
21clerk, conditioned for the faithful and honest performance of
22his or her duties and the preservation of the property of his
23or her office.
 
24    (10 ILCS 5/6B-10 new)
25    Sec. 6B-10. Compensation of appointed election

 

 

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1commissioners. The county board shall determine the
2compensation of the election commissioners other than the
3county clerk, who shall receive no additional compensation for
4his service as chairman or as a member of the board of election
5commissioners. The county board may, by ordinance, provide for
6an annual salary for the election commissioners other than the
7county clerk or authorize payment on a per diem or per meeting
8basis. The county board shall not alter the manner or the
9amount of compensation of an election commissioner to take
10effect during an election commissioner's present term of
11office. The provisions of the Local Government Officer
12Compensation Act shall not apply to the compensation appointed
13election commissioners.
 
14    (10 ILCS 5/6B-15 new)
15    Sec. 6B-15. Superseding effect. The fact that some
16territory in a county is within the corporate limits of a city,
17village, or incorporated town with a board of election
18commissioners does not prevent that county from establishing a
19county board of election commissioners in accordance with this
20Article. If such a county establishes a county board of
21election commissioners within the office of the county clerk
22pursuant to this Article, the county board of election
23commissioners within the office of the county clerk shall, with
24respect to the territory in the county within the corporate
25limits of the city, village, or incorporated town, supersede

 

 

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1the board of election commissioners of that city, village, or
2incorporated town.
 
3    (10 ILCS 5/6B-20 new)
4    Sec. 6B-20. Transfer of records. Upon a county's adoption
5of this Article, an existing county board of election
6commissioners established under Article 6A of this Code and any
7municipal board of election commissioners in the county shall
8turn over to the new county board of election commissioners all
9registry books, registration record cards, poll books, tally
10sheets and ballot boxes, and all other books, forms, blanks,
11and stationery of every description in the former commissions'
12possession in any way relating to elections or the holding of
13elections in the county and any unused appropriations related
14to elections or the holding of elections in the county.
15Thereupon, all functions, powers, and duties of the county
16clerk, the county board, or board of election commissioners
17relating to elections in that county are transferred to the
18county board of election commissioners within the office county
19clerk.
 
20    (10 ILCS 5/6B-25 new)
21    Sec. 6B-25. County director of elections. The chairman of
22the board of election commissioners within the office of the
23county clerk shall have the right to employ a county director
24of elections who shall have charge of the office of said board

 

 

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1and who shall be present and in attendance at all proper
2business hours. The director shall take an oath of office to
3the effect that he or she will honestly and faithfully perform
4all the duties of the office, under the direction of the
5chairman of the board, which shall be preserved in the same
6way, and he shall be under the direction of the chairman of
7board, and he or she shall have the right to administer all
8oaths required under this Code to be administered by the
9commissioners.
 
10    (10 ILCS 5/6B-30 new)
11    Sec. 6B-30. Procurement of election supplies, equipment,
12and services.
13    (a) A county board of election commissioners within the
14office of the county clerk shall procure all election supplies,
15equipment, and services, other than professional services,
16necessary to perform the election-related duties imposed on it
17under Articles 6, 14, and 18 of this Code in accordance with
18the centralized purchasing procedures established by the
19county board of the county. Any procurements shall be
20authorized by the board of election commissioners within the
21office of the county clerk, rather than by the county board,
22subject to appropriation, and in the manner Section 5-1022 of
23the Counties Code authorizes county boards to make these
24purchases.
25    (b) A county board of election commissioners within the

 

 

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1office of the county clerk may determine the method by which it
2procures election-related professional services subject to
3appropriation consistent with the requirements of law and
4county ordinance.
5    (c) The provisions of the Local Government Prompt Payment
6Act apply to all procurements of election supplies, equipment,
7and services as set forth in this Section.
 
8    (10 ILCS 5/6B-35 new)
9    Sec. 6B-35. Applicability of Articles 6, 14, and 18. The
10provisions of Articles 6, 14, and 18 of this Act, other than
11Section 6-70, relating to boards of election commissioners in
12cities, villages, and incorporated towns shall, insofar as they
13can be made applicable, apply to and govern county boards of
14election commissioners within the office of the county clerk
15established pursuant to this Article. Whenever Article 6
16requires an act of the commissioners to be accompanied by the
17advice, consent, or approval of the circuit court, the act by a
18county board of election commissioners within the office of the
19county clerk shall be accompanied by the advice, consent, or
20approval of the county clerk.
21    A deputy registrar serving as such by virtue of his status
22as a municipal clerk, or a duly authorized deputy of a
23municipal clerk, of a municipality the territory of which lies
24in more than one county, where one such county is governed by a
25county board of election commissioners within the office of the

 

 

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1county clerk established pursuant to this Article, may accept
2the registration of any qualified resident of the municipality,
3regardless of which county the resident, municipal clerk or the
4duly authorized deputy of the municipal clerk lives in.
 
5    (10 ILCS 5/6B-40 new)
6    Sec. 6B-40. References to county clerk. Any references in
7this Code to the county clerk, other than as described in this
8Article, or the county board with respect to the registration
9of voters, filing of petitions, certification of candidates,
10preparation of ballots, establishment of election precincts,
11designation of polling places, or any other matter pertaining
12to the conduct of elections, shall, as applied to any county
13having a county board of election commissioners within the
14office of the county clerk, be construed as referring to the
15county board of election commissioners within the office of the
16county clerk.
 
17    (10 ILCS 5/6B-45 new)
18    Sec. 6B-45. Personnel. The chairman of the board of
19election commissions shall hire all personnel necessary for the
20commission to perform the duties enjoined upon it by statute
21and determine their compensation. All personnel hired by the
22chairman of the board of election commissioners shall be
23employees of the county clerk and subject to all employment
24policies as the clerk may from time to time promulgate. All

 

 

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1personnel hired under this Section shall also be deemed
2employees of the respective county for payroll, taxation, and
3employee benefit purposes.
 
4    (10 ILCS 5/6B-50 new)
5    Sec. 6B-50. Legal representation. The State's Attorney of
6the county shall be the exclusive legal representative of the
7county board of election commissioners within the office of the
8county clerk.
 
9    (10 ILCS 5/6B-55 new)
10    Sec. 6B-55. Meetings of the election commissioners. A
11county board of election commissioners within the office of the
12county clerk is a public body, as the Open Meetings Act defines
13the term, and shall be subject to all of the requirements of
14that Act. The election commissioners shall meet as frequently
15as their duties may require, but no less frequently than 10
16times annually, whether sitting as the county board of election
17commissioners or as an electoral board the purpose of the
18hearing and passing on objector's petitions as set forth in
19Section 10-9 of this Code, and may meet in any location in
20their county that is convenient and accessible to the public.
 
21    (10 ILCS 5/6B-60 new)
22    Sec. 6B-60. County officers electoral board. The county
23board of election commissions within the office of the county

 

 

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1clerk shall have the same powers and duties as a county board
2of election commissioners for the purpose of the hearing and
3passing on objector's petitions as set forth in Section 10-9 of
4this Code and shall constitute the county officers electoral
5board in such county. Whenever the chairman of a county board
6of election commissioners is a candidate for an office with
7relation to which an objector's petition is filed, he shall not
8be eligible to serve on that board and shall not act as a
9member of the board and his place shall be filled as set forth
10in Section 10-9 of the Code with respect to all proceedings
11involving such an objection.
 
12    (10 ILCS 5/6B-65 new)
13    Sec. 6B-65. Retention of records. The clerk shall retain
14all records of the county board of election commissioners
15within the office of the county clerk in the manner required by
16federal and State law. In the event of a conflict between
17multiple provisions of law, the clerk shall retain all records
18in accordance with the provision that requires the greatest
19period of retention.
 
20    (10 ILCS 5/6B-70 new)
21    Sec. 6B-70. Audit and payment. The county auditor or a
22person performing the duties of the county auditor shall audit
23the salaries and expenses of the county board of election
24commissioners within the office of the county clerk. All

 

 

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1salaries and expenditures for an audit shall be paid by the
2county upon the warrant of the county clerk of any money in the
3county treasury not otherwise appropriated.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.