Illinois General Assembly - Full Text of SB1628
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Full Text of SB1628  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Steven M. Landek


10 ILCS 5/11-2  from Ch. 46, par. 11-2
10 ILCS 5/11-3  from Ch. 46, par. 11-3

    Amends the Election Code. Provides that each election precinct shall contain 1,200 voters (currently, 500 voters in counties, 600 voters in a municipality with a board of election commissioners and fewer than 500,000 inhabitants, or 400 voters in a municipality with a board of election commissioners and more than 500,000 inhabitants). Makes corresponding and other changes. In provisions concerning the county board of a county with less than 3,000,000 inhabitants, removes language providing that an election precinct with more than 600 voters may be divided. Provides that a county board may (rather than shall) at specified meetings, redivide, consolidate, or readjust (rather than redivide or readjust) election precincts to meet the 1,200 voters per precinct standard. In provisions concerning a municipality with a board of election commissioners, provides that a city with over 500,000 residents may (rather than shall) rearrange its precincts within 90 days of a presidential election or at any time when the number of votes cast exceeds 1,200 (rather than equals 600) to meet the 1,200 voters per precinct standard. Effective immediately.

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SB1628LRB102 10362 SMS 15689 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 11-2 and 11-3 as follows:
6    (10 ILCS 5/11-2)  (from Ch. 46, par. 11-2)
7    Sec. 11-2. Election precincts; counties with under
83,000,000 inhabitants.
9    (a) The County Board in each county, except in counties
10having a population of 3,000,000 inhabitants or over, shall,
11at its regular meeting in June, or an adjourned meeting in July
12next, divide its election precincts in which the number of
13votes cast in a precinct on election day at the most recent
14general election held in November was more than 1,200 which
15contain more than 800 voters, into election precincts
16districts so that each precinct district shall contain, as
17near as may be practicable, 1,200 votes 500 voters, and not
18more in any case than 800. Whenever the County Board
19ascertains that any election precinct contains more than 600
20registered voters, it may divide such precinct, at its regular
21meeting in June, into election precincts so that each precinct
22shall contain, as nearly as may be practicable, 500 voters.
23Insofar as is practicable, each precinct shall be situated



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1within a single congressional, legislative and representative
2district and in not more than one County Board district and one
3municipal ward. In order to situate each precinct within a
4single district or ward, the County Board shall change the
5boundaries of election precincts after each decennial census
6as soon as is practicable following the completion of
7congressional and legislative redistricting. In determining
8whether a division of precincts should be made, the county
9board may anticipate increased voter registration in any
10precinct in which there is in progress new construction of
11dwelling units which will be occupied by voters more than 30
12days before the next election. Each district shall be composed
13of contiguous territory in as compact form as can be for the
14convenience of the electors voting therein. The several county
15boards in establishing districts shall describe them by metes
16and bounds and number them.
17    (b) The And so often thereafter as it shall appear by the
18number of votes cast at the general election held in November
19of any year, that any election district or undivided election
20precinct contains more than 800 voters, the County Board of
21the county in which a precinct the district or precincts are
22located precinct may be, may shall at its regular meeting in
23June, or an adjourned meeting in July next, after such
24November election, redivide, consolidate, or readjust such
25precinct election district or precincts election precinct, so
26that no district or election precinct shall contain more than



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1the number of votes above specified in subsection (a).
2    If for any reason the County Board fails in any year to
3redivide or readjust the election districts or election
4precinct, then the districts or precincts as then existing
5shall continue until the next regular June meeting of the
6County Board; at which regular June meeting or an adjourned
7meeting in July the County Board shall redivide or readjust
8the election districts or election precincts in manner as
9herein required. When at any meeting of the County Board any
10redivision, readjustment or change in name or number of
11election districts or election precincts is made by the County
12Board, the County Clerk shall immediately notify the State
13Board of Elections of such redivision, readjustment or change.
14The County Board in every case shall fix and establish the
15places for holding elections in its respective county and all
16elections shall be held at the places so fixed. The polling
17places shall in all cases be upon the ground floor in the front
18room, the entrance to which is in a highway or public street
19which is at least 40 feet wide, and is as near the center of
20the voting population of the precinct as is practicable, and
21for the convenience of the greatest number of electors to vote
22thereat; provided, however, where the County Board is unable
23to secure a suitable polling place within the boundaries of a
24precinct, it may select a polling place at the most
25conveniently located suitable place outside the precinct; but
26in no case shall an election be held in any room used or



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1occupied as a saloon, dramshop, bowling alley or as a place of
2resort for idlers and disreputable persons, billiard hall or
3in any room connected therewith by doors or hallways. No
4person shall be permitted to vote at any election except at the
5polling place for the precinct in which he resides, except as
6otherwise provided in this Section or Article 19 of this Act.
7    In counties having a population of 3,000,000 inhabitants
8or over the County Board shall divide its election precincts
9and shall fix and establish places for holding elections as
10hereinbefore provided during the month of January instead of
11at its regular meeting in June or at an adjourned meeting in
13    However, in the event that additional divisions of
14election precincts are indicated after a division made by the
15County Board in the month of January, such additional
16divisions may be made by the County Board in counties having a
17population of 3,000,000 inhabitants or over, at the regular
18meeting in June or at adjourned meeting in July. The county
19board of such county may divide or readjust precincts at any
20meeting of the county board when the voter registration in a
21precinct has increased beyond 800 and an election is scheduled
22before the next regular January or June meeting of the county
24    When in any city, village or incorporated town territory
25has been annexed thereto or disconnected therefrom, which
26annexation or disconnection becomes effective after election



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1precincts or election districts have been established as above
2provided in this Section, the clerk of the municipality shall
3inform the county clerk thereof as provided in Section 4-21,
45-28.1, or 6-31.1, whichever is applicable. In the event that
5a regular meeting of the County Board is to be held after such
6notification and before any election, the County Board shall,
7at its next regular meeting establish new election precinct
8lines in affected territory. In the event that no regular
9meeting of the County Board is to be held before such election
10the county clerk shall, within 5 days after being so informed,
11call a special meeting of the county board on a day fixed by
12him not more than 20 days thereafter for the purpose of
13establishing election precincts or election districts in the
14affected territory for the ensuing elections.
15    At any consolidated primary or consolidated election at
16which municipal officers are to be elected, and at any
17emergency referendum at which a public question relating to a
18municipality is to be voted on, notwithstanding any other
19provision of this Code, the election authority shall establish
20a polling place within such municipality, upon the request of
21the municipal council or board of trustees at least 60 days
22before the election and provided that the municipality
23provides a suitable polling place. To accomplish this purpose,
24the election authority may establish an election precinct
25constituting a single municipality of under 500 population for
26all elections, notwithstanding the minimum precinct size



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1otherwise specified herein.
2    Notwithstanding the above, when there are no more than 50
3registered voters in a precinct who are entitled to vote in a
4local government or school district election, the election
5authority having jurisdiction over the precinct is authorized
6to reassign such voters to one or more polling places in
7adjacent precincts, within or without the election authority's
8jurisdiction, for that election. For the purposes of such
9local government or school district election only, the votes
10of the reassigned voters shall be tallied and canvassed as
11votes from the precinct of the polling place to which such
12voters have been reassigned. The election authority having
13jurisdiction over the precinct shall approve all
14administrative and polling place procedures. Such procedures
15shall take into account voter convenience, and ensure that the
16integrity of the election process is maintained and that the
17secrecy of the ballot is not violated.
18    Except in the event of a fire, flood or total loss of heat
19in a place fixed or established by any county board or election
20authority pursuant to this Section as a polling place for an
21election, no election authority shall change the location of a
22polling place so established for any precinct after notice of
23the place of holding the election for that precinct has been
24given as required under Article 12 unless the election
25authority notifies all registered voters in the precinct of
26the change in location by first class mail in sufficient time



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1for such notice to be received by the registered voters in the
2precinct at least one day prior to the date of the election.
3    The provisions of this Section apply to all precincts,
4including those where voting machines or electronic voting
5systems are used.
6(Source: P.A. 86-867.)
7    (10 ILCS 5/11-3)  (from Ch. 46, par. 11-3)
8    Sec. 11-3. It shall be the duty of the Board of
9Commissioners established by Article 6 of this Act, within 2
10months after its first organization, to divide the city,
11village or incorporated town which may adopt or is operating
12under Article 6, into election precincts, each of which shall
13be situated within a single congressional, legislative and
14representative district insofar as is practicable and in not
15more than one County Board district and one municipal ward; in
16order to situate each precinct within a single district or
17ward, the Board of Election Commissioners shall change the
18boundaries of election precincts after each decennial census
19as soon as is practicable following the completion of
20congressional and legislative redistricting and such precincts
21shall contain no more than 1,200 actual as nearly as
22practicable 600 qualified voters, and in making such division
23and establishing such precincts such board shall take as a
24basis the poll books, or the number of actual votes cast at the
25previous presidential election. Within 90 days after each



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1presidential election, such board in a city with fewer than
2500,000 inhabitants, village or incorporated town shall revise
3and rearrange such precincts on the basis of the votes cast at
4such election, making such precincts to contain no more than
51,200 , as near as practicable, 600 actual voters; but at any
6time in all instances where the vote cast at any precinct, at
7any election, exceeds 1,200 equals 800, there must be a
8rearrangement so as to reduce the vote to the standard of 1,200
9600 as near as may be. However, any apartment building in which
10more than 1,200 actual 800 registered voters reside may be
11made a single precinct even though the vote in such precinct
12exceeds 1,200 800. Within 90 days after each presidential
13election, a board in a city with more than 500,000 inhabitants
14may shall revise and rearrange such precincts on the basis of
15the votes cast at such election, making such precincts to
16contain no more than 1,200 , as near as practicable, 400 actual
17voters; but at any time in all instances where the vote cast at
18any precinct, at any election, exceeds 1,200 equals 600, there
19may must be a rearrangement so as to reduce the vote to the
20standard of 1,200 400 as near as may be. However, any apartment
21building in which more than 1,200 actual 600 registered voters
22reside may be made a single precinct even though the vote in
23such precinct exceeds 1,200 600.
24    Immediately after the annexation of territory to the city,
25village or incorporated town becomes effective the Board of
26Election Commissioners shall revise and rearrange election



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1precincts therein to include such annexed territory.
2    Provided, however, that at any election where but one
3candidate is nominated and is to be voted upon at any election
4held in any political subdivision of a city, village or
5incorporated town, the Board of Election Commissioners shall
6have the power in such political subdivision to determine the
7number of voting precincts to be established in such political
8subdivision at such election, without reference to the number
9of qualified voters therein. The precincts in each ward,
10village or incorporated town shall be numbered from one
11upwards, consecutively, with no omission.
12    The provisions of this Section apply to all precincts,
13including those where voting machines or electronic voting
14systems are used.
15(Source: P.A. 84-1308.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.