093_SB0075ham001
LRB093 03372 RCE 16569 a
1 AMENDMENT TO SENATE BILL 75
2 AMENDMENT NO. . Amend Senate Bill 75 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Election Code is amended by changing
5 Sections 7-7 and 7-8 as follows:
6 (10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
7 Sec. 7-7. For the purpose of making nominations in
8 certain instances as provided in this Article and this Act,
9 the following committees are authorized and shall constitute
10 the central or managing committees of each political party,
11 viz: A State central committee, a congressional committee for
12 each congressional district, a county central committee for
13 each county, a municipal central committee for each city,
14 incorporated town or village, a ward committeeman for each
15 ward in cities containing a population of 500,000 or more; a
16 township committeeman for each township or part of a township
17 that lies outside of cities having a population of 200,000 or
18 more, in counties having a population of 2,000,000 or more; a
19 precinct committeeman for each precinct in counties having a
20 population of less than 2,000,000; a county board district
21 committee for each county board district created under
22 Division 2-3 of the Counties Code; a State's Attorney
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1 committee for each group of 2 or more counties which jointly
2 elect a State's Attorney; a Superintendent of Multi-County
3 Educational Service Region committee for each group of 2 or
4 more counties which jointly elect a Superintendent of a
5 Multi-County Educational Service Region; and a judicial
6 subcircuit committee in a judicial circuit divided into
7 subcircuits Cook County for each judicial subcircuit in that
8 circuit Cook County.
9 (Source: P.A. 87-1052.)
10 (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
11 Sec. 7-8. The State central committee shall be composed
12 of one or two members from each congressional district in the
13 State and shall be elected as follows:
14 State Central Committee
15 (a) Within 30 days after the effective date of this
16 amendatory Act of 1983 the State central committee of each
17 political party shall certify to the State Board of Elections
18 which of the following alternatives it wishes to apply to the
19 State central committee of that party.
20 Alternative A. At the primary held on the third Tuesday
21 in March 1970, and at the primary held every 4 years
22 thereafter, each primary elector may vote for one candidate
23 of his party for member of the State central committee for
24 the congressional district in which he resides. The
25 candidate receiving the highest number of votes shall be
26 declared elected State central committeeman from the
27 district. A political party may, in lieu of the foregoing, by
28 a majority vote of delegates at any State convention of such
29 party, determine to thereafter elect the State central
30 committeemen in the manner following:
31 At the county convention held by such political party
32 State central committeemen shall be elected in the same
33 manner as provided in this Article for the election of
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1 officers of the county central committee, and such election
2 shall follow the election of officers of the county central
3 committee. Each elected ward, township or precinct
4 committeeman shall cast as his vote one vote for each ballot
5 voted in his ward, township, part of a township or precinct
6 in the last preceding primary election of his political
7 party. In the case of a county lying partially within one
8 congressional district and partially within another
9 congressional district, each ward, township or precinct
10 committeeman shall vote only with respect to the
11 congressional district in which his ward, township, part of a
12 township or precinct is located. In the case of a
13 congressional district which encompasses more than one
14 county, each ward, township or precinct committeeman residing
15 within the congressional district shall cast as his vote one
16 vote for each ballot voted in his ward, township, part of a
17 township or precinct in the last preceding primary election
18 of his political party for one candidate of his party for
19 member of the State central committee for the congressional
20 district in which he resides and the Chairman of the county
21 central committee shall report the results of the election to
22 the State Board of Elections. The State Board of Elections
23 shall certify the candidate receiving the highest number of
24 votes elected State central committeeman for that
25 congressional district.
26 The State central committee shall adopt rules to provide
27 for and govern the procedures to be followed in the election
28 of members of the State central committee.
29 After the effective date of this amendatory Act of the
30 91st General Assembly, whenever a vacancy occurs in the
31 office of Chairman of a State central committee, or at the
32 end of the term of office of Chairman, the State central
33 committee of each political party that has selected
34 Alternative A shall elect a Chairman who shall not be
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1 required to be a member of the State Central Committee. The
2 Chairman shall be a registered voter in this State and of the
3 same political party as the State central committee.
4 Alternative B. Each congressional committee shall,
5 within 30 days after the adoption of this alternative,
6 appoint a person of the sex opposite that of the incumbent
7 member for that congressional district to serve as an
8 additional member of the State central committee until his or
9 her successor is elected at the general primary election in
10 1986. Each congressional committee shall make this
11 appointment by voting on the basis set forth in paragraph (e)
12 of this Section. In each congressional district at the
13 general primary election held in 1986 and every 4 years
14 thereafter, the male candidate receiving the highest number
15 of votes of the party's male candidates for State central
16 committeeman, and the female candidate receiving the highest
17 number of votes of the party's female candidates for State
18 central committeewoman, shall be declared elected State
19 central committeeman and State central committeewoman from
20 the district. At the general primary election held in 1986
21 and every 4 years thereafter, if all a party's candidates for
22 State central committeemen or State central committeewomen
23 from a congressional district are of the same sex, the
24 candidate receiving the highest number of votes shall be
25 declared elected a State central committeeman or State
26 central committeewoman from the district, and, because of a
27 failure to elect one male and one female to the committee, a
28 vacancy shall be declared to exist in the office of the
29 second member of the State central committee from the
30 district. This vacancy shall be filled by appointment by the
31 congressional committee of the political party, and the
32 person appointed to fill the vacancy shall be a resident of
33 the congressional district and of the sex opposite that of
34 the committeeman or committeewoman elected at the general
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1 primary election. Each congressional committee shall make
2 this appointment by voting on the basis set forth in
3 paragraph (e) of this Section.
4 The Chairman of a State central committee composed as
5 provided in this Alternative B must be selected from the
6 committee's members.
7 Except as provided for in Alternative A with respect to
8 the selection of the Chairman of the State central committee,
9 under both of the foregoing alternatives, the State central
10 committee of each political party shall be composed of
11 members elected or appointed from the several congressional
12 districts of the State, and of no other person or persons
13 whomsoever. The members of the State central committee
14 shall, within 30 days after each quadrennial election of the
15 full committee, meet in the city of Springfield and organize
16 by electing a chairman, and may at such time elect such
17 officers from among their own number (or otherwise), as they
18 may deem necessary or expedient. The outgoing chairman of the
19 State central committee of the party shall, 10 days before
20 the meeting, notify each member of the State central
21 committee elected at the primary of the time and place of
22 such meeting. In the organization and proceedings of the
23 State central committee, each State central committeeman and
24 State central committeewoman shall have one vote for each
25 ballot voted in his or her congressional district by the
26 primary electors of his or her party at the primary election
27 immediately preceding the meeting of the State central
28 committee. Whenever a vacancy occurs in the State central
29 committee of any political party, the vacancy shall be filled
30 by appointment of the chairmen of the county central
31 committees of the political party of the counties located
32 within the congressional district in which the vacancy occurs
33 and, if applicable, the ward and township committeemen of the
34 political party in counties of 2,000,000 or more inhabitants
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1 located within the congressional district. If the
2 congressional district in which the vacancy occurs lies
3 wholly within a county of 2,000,000 or more inhabitants, the
4 ward and township committeemen of the political party in that
5 congressional district shall vote to fill the vacancy. In
6 voting to fill the vacancy, each chairman of a county central
7 committee and each ward and township committeeman in counties
8 of 2,000,000 or more inhabitants shall have one vote for each
9 ballot voted in each precinct of the congressional district
10 in which the vacancy exists of his or her county, township,
11 or ward cast by the primary electors of his or her party at
12 the primary election immediately preceding the meeting to
13 fill the vacancy in the State central committee. The person
14 appointed to fill the vacancy shall be a resident of the
15 congressional district in which the vacancy occurs, shall be
16 a qualified voter, and, in a committee composed as provided
17 in Alternative B, shall be of the same sex as his or her
18 predecessor. A political party may, by a majority vote of the
19 delegates of any State convention of such party, determine to
20 return to the election of State central committeeman and
21 State central committeewoman by the vote of primary electors.
22 Any action taken by a political party at a State convention
23 in accordance with this Section shall be reported to the
24 State Board of Elections by the chairman and secretary of
25 such convention within 10 days after such action.
26 Ward, Township and Precinct Committeemen
27 (b) At the primary held on the third Tuesday in March,
28 1972, and every 4 years thereafter, each primary elector in
29 cities having a population of 200,000 or over may vote for
30 one candidate of his party in his ward for ward committeeman.
31 Each candidate for ward committeeman must be a resident of
32 and in the ward where he seeks to be elected ward
33 committeeman. The one having the highest number of votes
34 shall be such ward committeeman of such party for such ward.
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1 At the primary election held on the third Tuesday in March,
2 1970, and every 4 years thereafter, each primary elector in
3 counties containing a population of 2,000,000 or more,
4 outside of cities containing a population of 200,000 or more,
5 may vote for one candidate of his party for township
6 committeeman. Each candidate for township committeeman must
7 be a resident of and in the township or part of a township
8 (which lies outside of a city having a population of 200,000
9 or more, in counties containing a population of 2,000,000 or
10 more), and in which township or part of a township he seeks
11 to be elected township committeeman. The one having the
12 highest number of votes shall be such township committeeman
13 of such party for such township or part of a township. At the
14 primary held on the third Tuesday in March, 1970 and every 2
15 years thereafter, each primary elector, except in counties
16 having a population of 2,000,000 or over, may vote for one
17 candidate of his party in his precinct for precinct
18 committeeman. Each candidate for precinct committeeman must
19 be a bona fide resident of the precinct where he seeks to be
20 elected precinct committeeman. The one having the highest
21 number of votes shall be such precinct committeeman of such
22 party for such precinct. The official returns of the primary
23 shall show the name of the committeeman of each political
24 party.
25 Terms of Committeemen. All precinct committeemen elected
26 under the provisions of this Article shall continue as such
27 committeemen until the date of the primary to be held in the
28 second year after their election. Except as otherwise
29 provided in this Section for certain State central
30 committeemen who have 2 year terms, all State central
31 committeemen, township committeemen and ward committeemen
32 shall continue as such committeemen until the date of primary
33 to be held in the fourth year after their election. However,
34 a vacancy exists in the office of precinct committeeman when
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1 a precinct committeeman ceases to reside in the precinct in
2 which he was elected and such precinct committeeman shall
3 thereafter neither have nor exercise any rights, powers or
4 duties as committeeman in that precinct, even if a successor
5 has not been elected or appointed.
6 (c) The Multi-Township Central Committee shall consist
7 of the precinct committeemen of such party, in the
8 multi-township assessing district formed pursuant to Section
9 2-10 of the Property Tax Code and shall be organized for the
10 purposes set forth in Section 45-25 of the Township Code. In
11 the organization and proceedings of the Multi-Township
12 Central Committee each precinct committeeman shall have one
13 vote for each ballot voted in his precinct by the primary
14 electors of his party at the primary at which he was elected.
15 County Central Committee
16 (d) The county central committee of each political party
17 in each county shall consist of the various township
18 committeemen, precinct committeemen and ward committeemen, if
19 any, of such party in the county. In the organization and
20 proceedings of the county central committee, each precinct
21 committeeman shall have one vote for each ballot voted in his
22 precinct by the primary electors of his party at the primary
23 at which he was elected; each township committeeman shall
24 have one vote for each ballot voted in his township or part
25 of a township as the case may be by the primary electors of
26 his party at the primary election for the nomination of
27 candidates for election to the General Assembly immediately
28 preceding the meeting of the county central committee; and in
29 the organization and proceedings of the county central
30 committee, each ward committeeman shall have one vote for
31 each ballot voted in his ward by the primary electors of his
32 party at the primary election for the nomination of
33 candidates for election to the General Assembly immediately
34 preceding the meeting of the county central committee.
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1 Congressional Committee
2 (e) The congressional committee of each party in each
3 congressional district shall be composed of the chairmen of
4 the county central committees of the counties composing the
5 congressional district, except that in congressional
6 districts wholly within the territorial limits of one county,
7 or partly within 2 or more counties, but not coterminous with
8 the county lines of all of such counties, the precinct
9 committeemen, township committeemen and ward committeemen, if
10 any, of the party representing the precincts within the
11 limits of the congressional district, shall compose the
12 congressional committee. A State central committeeman in each
13 district shall be a member and the chairman or, when a
14 district has 2 State central committeemen, a co-chairman of
15 the congressional committee, but shall not have the right to
16 vote except in case of a tie.
17 In the organization and proceedings of congressional
18 committees composed of precinct committeemen or township
19 committeemen or ward committeemen, or any combination
20 thereof, each precinct committeeman shall have one vote for
21 each ballot voted in his precinct by the primary electors of
22 his party at the primary at which he was elected, each
23 township committeeman shall have one vote for each ballot
24 voted in his township or part of a township as the case may
25 be by the primary electors of his party at the primary
26 election immediately preceding the meeting of the
27 congressional committee, and each ward committeeman shall
28 have one vote for each ballot voted in each precinct of his
29 ward located in such congressional district by the primary
30 electors of his party at the primary election immediately
31 preceding the meeting of the congressional committee; and in
32 the organization and proceedings of congressional committees
33 composed of the chairmen of the county central committees of
34 the counties within such district, each chairman of such
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1 county central committee shall have one vote for each ballot
2 voted in his county by the primary electors of his party at
3 the primary election immediately preceding the meeting of the
4 congressional committee.
5 Judicial District Committee
6 (f) The judicial district committee of each political
7 party in each judicial district shall be composed of the
8 chairman of the county central committees of the counties
9 composing the judicial district.
10 In the organization and proceedings of judicial district
11 committees composed of the chairmen of the county central
12 committees of the counties within such district, each
13 chairman of such county central committee shall have one vote
14 for each ballot voted in his county by the primary electors
15 of his party at the primary election immediately preceding
16 the meeting of the judicial district committee.
17 Circuit Court Committee
18 (g) The circuit court committee of each political party
19 in each judicial circuit outside Cook County shall be
20 composed of the chairmen of the county central committees of
21 the counties composing the judicial circuit.
22 In the organization and proceedings of circuit court
23 committees, each chairman of a county central committee shall
24 have one vote for each ballot voted in his county by the
25 primary electors of his party at the primary election
26 immediately preceding the meeting of the circuit court
27 committee.
28 Judicial Subcircuit Committee
29 (g-1) The judicial subcircuit committee of each
30 political party in each judicial subcircuit in a judicial
31 circuit divided into subcircuits Cook County shall be
32 composed of (i) the ward and township committeemen of the
33 townships and wards composing the judicial subcircuit in Cook
34 County and (ii) the precinct committeemen of the precincts
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1 composing the judicial subcircuit in any county other than
2 Cook County.
3 In the organization and proceedings of each judicial
4 subcircuit committee, each township committeeman shall have
5 one vote for each ballot voted in his township or part of a
6 township, as the case may be, in the judicial subcircuit by
7 the primary electors of his party at the primary election
8 immediately preceding the meeting of the judicial subcircuit
9 committee; each precinct committeeman shall have one vote for
10 each ballot voted in his precinct or part of a precinct, as
11 the case may be, in the judicial subcircuit by the primary
12 electors of his party at the primary election immediately
13 preceding the meeting of the judicial subcircuit committee;
14 and each ward committeeman shall have one vote for each
15 ballot voted in his ward or part of a ward, as the case may
16 be, in the judicial subcircuit by the primary electors of his
17 party at the primary election immediately preceding the
18 meeting of the judicial subcircuit committee.
19 Municipal Central Committee
20 (h) The municipal central committee of each political
21 party shall be composed of the precinct, township or ward
22 committeemen, as the case may be, of such party representing
23 the precincts or wards, embraced in such city, incorporated
24 town or village. The voting strength of each precinct,
25 township or ward committeeman on the municipal central
26 committee shall be the same as his voting strength on the
27 county central committee.
28 For political parties, other than a statewide political
29 party, established only within a municipality or township,
30 the municipal or township managing committee shall be
31 composed of the party officers of the local established
32 party. The party officers of a local established party shall
33 be as follows: the chairman and secretary of the caucus for
34 those municipalities and townships authorized by statute to
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1 nominate candidates by caucus shall serve as party officers
2 for the purpose of filling vacancies in nomination under
3 Section 7-61; for municipalities and townships authorized by
4 statute or ordinance to nominate candidates by petition and
5 primary election, the party officers shall be the party's
6 candidates who are nominated at the primary. If no party
7 primary was held because of the provisions of Section 7-5,
8 vacancies in nomination shall be filled by the party's
9 remaining candidates who shall serve as the party's officers.
10 Powers
11 (i) Each committee and its officers shall have the
12 powers usually exercised by such committees and by the
13 officers thereof, not inconsistent with the provisions of
14 this Article. The several committees herein provided for
15 shall not have power to delegate any of their powers, or
16 functions to any other person, officer or committee, but this
17 shall not be construed to prevent a committee from appointing
18 from its own membership proper and necessary subcommittees.
19 (j) The State central committee of a political party
20 which elects it members by Alternative B under paragraph (a)
21 of this Section shall adopt a plan to give effect to the
22 delegate selection rules of the national political party and
23 file a copy of such plan with the State Board of Elections
24 when approved by a national political party.
25 (k) For the purpose of the designation of a proxy by a
26 Congressional Committee to vote in place of an absent State
27 central committeeman or committeewoman at meetings of the
28 State central committee of a political party which elects its
29 members by Alternative B under paragraph (a) of this Section,
30 the proxy shall be appointed by the vote of the ward and
31 township committeemen, if any, of the wards and townships
32 which lie entirely or partially within the Congressional
33 District from which the absent State central committeeman or
34 committeewoman was elected and the vote of the chairmen of
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1 the county central committees of those counties which lie
2 entirely or partially within that Congressional District and
3 in which there are no ward or township committeemen. When
4 voting for such proxy the county chairman, ward committeeman
5 or township committeeman, as the case may be shall have one
6 vote for each ballot voted in his county, ward or township,
7 or portion thereof within the Congressional District, by the
8 primary electors of his party at the primary at which he was
9 elected. However, the absent State central committeeman or
10 committeewoman may designate a proxy when permitted by the
11 rules of a political party which elects its members by
12 Alternative B under paragraph (a) of this Section.
13 (Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)
14 Section 10. The Circuit Courts Act is amended by changing
15 Section 1 and by adding Sections 2f-1, 2f-2, 2f-4, and 2f-5
16 as follows:
17 (705 ILCS 35/1) (from Ch. 37, par. 72.1)
18 Sec. 1. Judicial circuits created. The county of Cook
19 shall be one judicial circuit and the State of Illinois,
20 exclusive of the county of Cook, shall be and is divided into
21 judicial circuits as follows:
22 First Circuit--The counties of Alexander, Pulaski,
23 Massac, Pope, Johnson, Union, Jackson, Williamson and Saline.
24 Second Circuit--The counties of Hardin, Gallatin, White,
25 Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson,
26 Richland, Lawrence and Crawford.
27 Third Circuit--The counties of Madison and Bond.
28 Fourth Circuit--The counties of Clinton, Marion, Clay,
29 Fayette, Effingham, Jasper, Montgomery, Shelby and Christian.
30 Fifth Circuit--The counties of Vermilion, Edgar, Clark,
31 Cumberland and Coles.
32 Sixth Circuit--The counties of Champaign, Douglas,
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1 Moultrie, Macon, DeWitt and Piatt.
2 Seventh Circuit--The counties of Sangamon, Macoupin,
3 Morgan, Scott, Greene and Jersey.
4 Eighth Circuit--The counties of Adams, Schuyler, Mason,
5 Cass, Brown, Pike, Calhoun and Menard.
6 Ninth Circuit--The counties of Knox, Warren, Henderson,
7 Hancock, McDonough and Fulton.
8 Tenth Circuit--The counties of Peoria, Marshall, Putnam,
9 Stark and Tazewell.
10 Eleventh Circuit--The counties of McLean, Livingston,
11 Logan, Ford and Woodford.
12 Twelfth Circuit--The county of Will.
13 Thirteenth Circuit--The counties of Bureau, LaSalle and
14 Grundy.
15 Fourteenth Circuit--The counties of Rock Island, Mercer,
16 Whiteside and Henry.
17 Fifteenth Circuit--The counties of JoDaviess, Stephenson,
18 Carroll, Ogle and Lee.
19 Sixteenth Circuit--The counties of Kane, DeKalb and
20 Kendall.
21 Seventeenth Circuit--The counties of Winnebago and Boone.
22 Eighteenth Circuit--The county of DuPage.
23 Nineteenth Circuit--Before December 4, 2006, the counties
24 of Lake and McHenry. On and after December 4, 2006, the
25 County of Lake.
26 Twentieth Circuit--The counties of Randolph, Monroe, St.
27 Clair, Washington and Perry.
28 Twenty-first Circuit--The counties of Iroquois and
29 Kankakee.
30 Twenty-second Circuit--On and after December 4, 2006, the
31 County of McHenry.
32 (Source: P.A. 84-1030.)
33 (705 ILCS 35/2f-1 new)
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1 Sec. 2f-1. 19th and 22nd judicial circuits.
2 (a) On December 4, 2006, the 19th judicial circuit is
3 divided into the 19th and 22nd judicial circuits as provided
4 in Section 1 of the Circuit Courts Act. This division does
5 not invalidate any action taken by the 19th judicial circuit
6 or any of its judges, officers, employees, or agents before
7 December 4, 2006. This division does not affect any person's
8 rights, obligations, or duties, including applicable civil
9 and criminal penalties, arising out of any action taken by
10 the 19th judicial circuit or any of its judges, officers,
11 employees, or agents before December 4, 2006.
12 (b) Of the 7 circuit judgeships elected at large in the
13 19th circuit before the general election in 2006, the Supreme
14 Court shall assign 5 to the 19th circuit and 2 to the 22nd
15 circuit, based on residency of the circuit judges then
16 holding those judgeships. The 5 assigned to the 19th circuit
17 shall continue to be elected at large. The 2 assigned to the
18 22nd circuit shall continue to be elected at large.
19 (c) The 6 resident judgeships elected from Lake County
20 before the general election in 2006 shall become resident
21 judgeships in the 19th circuit on December 4, 2006, and the 3
22 resident judgeships elected from McHenry County before the
23 general election in 2006 shall become resident judgeships in
24 the 22nd circuit on December 4, 2006.
25 (d) On December 4, 2006, the Supreme Court shall
26 allocate the associate judgeships of the 19th circuit before
27 that date between the 19th and 22nd circuits based on the
28 population of those circuits.
29 (e) On December 4, 2006, the Supreme Court shall
30 allocate personnel, books, records, documents, property (real
31 and personal), funds, assets, liabilities, and pending
32 matters concerning the 19th circuit before that date between
33 the 19th and 22nd circuits based on the population and
34 staffing needs of those circuits and the efficient and proper
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1 administration of the judicial system. The rights of
2 employees under applicable collective bargaining agreements
3 are not affected by this amendatory Act of the 93rd General
4 Assembly.
5 (f) The judgeships set forth in this Section include the
6 judgeships authorized under Sections 2g, 2h, and 2j. The
7 judgeships authorized in those Sections are not in addition
8 to those set forth in this Section.
9 (705 ILCS 35/2f-2 new)
10 Sec. 2f-2. 19th judicial circuit; subcircuits.
11 (a) The 19th circuit shall be divided into 6
12 subcircuits. The subcircuits shall be compact, contiguous,
13 and substantially equal in population. The General Assembly
14 by law shall create the subcircuits on or before February 1,
15 2004, using population data as determined by the 2000 federal
16 census, and shall determine a numerical order for the 6
17 subcircuits. That numerical order shall be the basis for the
18 order in which resident judgeships are assigned to the
19 subcircuits. Once a resident judgeship is assigned to a
20 subcircuit, it shall continue to be assigned to that
21 subcircuit for all purposes.
22 (b) The 19th circuit shall have a total of 6 resident
23 judgeships.
24 (c) The Supreme Court shall allot (i) all vacancies in
25 resident judgeships existing on or occurring on or after the
26 effective date of this amendatory Act of the 93rd General
27 Assembly and not filled at the 2004 general election, with
28 respect to the resident judgeships of the 19th circuit, and
29 (ii) the resident judgeships of the 19th circuit filled at
30 the 2004 general election as those judgeships thereafter
31 become vacant, for election from the various subcircuits
32 until there is one resident judge to be elected from each
33 subcircuit. No resident judge of the 19th circuit serving on
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1 the effective date of this amendatory Act of the 93rd General
2 Assembly shall be required to change his or her residency in
3 order to continue serving in office or to seek retention in
4 office as resident judgeships are allotted by the Supreme
5 Court in accordance with this Section.
6 (d) A resident judge of a subcircuit must reside in the
7 subcircuit and must continue to reside in that subcircuit as
8 long as he or she holds that office.
9 (e) Vacancies in resident judgeships of the 19th circuit
10 shall be filled in the manner provided in Article VI of the
11 Illinois Constitution.
12 (705 ILCS 35/2f-4 new)
13 Sec. 2f-4. 12th circuit; subcircuits; additional judges.
14 (a) The 12th circuit shall be divided into 5
15 subcircuits. The subcircuits shall be compact, contiguous,
16 and substantially equal in population. The General Assembly
17 by law shall create the subcircuits on or before February 1,
18 2004, using population data as determined by the 2000 federal
19 census, and shall determine by lot a numerical order for the
20 5 subcircuits. That numerical order shall be the basis for
21 the order in which resident judgeships are assigned to the
22 subcircuits. Once a resident judgeship is assigned to a
23 subcircuit, it shall continue to be assigned to that
24 subcircuit for all purposes.
25 (a-5) Two of the 12th circuit's associate circuit
26 judgeships shall be allotted as 12th circuit resident
27 judgeships under subsection (c) as those associate judgeships
28 are converted to resident judgeships in accordance with
29 Section 2 of the Associate Judges Act.
30 (b) The 12th circuit shall have one additional resident
31 judgeship, as well as its 2 existing resident judgeships and
32 2 former associate judgeships, for a total of 5 resident
33 judgeships. The additional resident judgeship created by
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1 this amendatory Act of the 93rd General Assembly shall be
2 filled by election beginning at the general election in 2006.
3 As soon as possible after the subcircuits are created by law,
4 the Supreme Court shall fill by appointment the additional
5 resident judgeship created by this amendatory Act of the 93rd
6 General Assembly until the 2006 general election.
7 (c) The Supreme Court shall allot (i) the additional
8 resident judgeship created by this amendatory Act of the 93rd
9 General Assembly, (ii) all vacancies in resident judgeships
10 existing on or occurring on or after the effective date of
11 this amendatory Act of the 93rd General Assembly and not
12 filled at the 2004 general election, with respect to the
13 other resident judgeships of the 12th circuit, (iii) the
14 resident judgeships of the 12th circuit filled at the 2004
15 general election as those judgeships thereafter become
16 vacant, and (iv) 2 associate judgeships of the 12th circuit
17 as they are converted to resident judgeships as provided in
18 subsection (a-5), for election from the various subcircuits
19 until there is one resident judge to be elected from each
20 subcircuit. No resident judge of the 12th circuit serving on
21 the effective date of this amendatory Act of the 93rd General
22 Assembly shall be required to change his or her residency in
23 order to continue serving in office or to seek retention in
24 office as resident judgeships are allotted by the Supreme
25 Court in accordance with this Section.
26 (d) A resident judge of a subcircuit must reside in the
27 subcircuit and must continue to reside in that subcircuit as
28 long as he or she holds that office.
29 (e) Vacancies in resident judgeships of the 12th circuit
30 shall be filled in the manner provided in Article VI of the
31 Illinois Constitution.
32 (705 ILCS 35/2f-5 new)
33 Sec. 2f-5. 22nd circuit; subcircuits.
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1 (a) The 22nd circuit shall be divided into 3
2 subcircuits. The subcircuits shall be compact, contiguous,
3 and substantially equal in population. The General Assembly
4 by law shall create the subcircuits on or before February 1,
5 2004, using population data as determined by the 2000 federal
6 census, and shall determine by lot a numerical order for the
7 3 subcircuits. That numerical order shall be the basis for
8 the order in which resident judgeships are assigned to the
9 subcircuits. Once a resident judgeship is assigned to a
10 subcircuit, it shall continue to be assigned to that
11 subcircuit for all purposes.
12 (b) The 22nd circuit shall have a total of 3 resident
13 judgeships.
14 (c) The Supreme Court shall allot (i) all vacancies in
15 resident judgeships existing on or occurring on or after the
16 effective date of this amendatory Act of the 93rd General
17 Assembly and not filled at the 2004 general election, with
18 respect to the resident judgeships of the 22nd circuit, and
19 (ii) the resident judgeships of the 22nd circuit filled at
20 the 2004 general election as those judgeships thereafter
21 become vacant, for election from the various subcircuits
22 until there is one resident judge to be elected from each
23 subcircuit. No resident judge of the 22nd circuit serving on
24 the effective date of this amendatory Act of the 93rd General
25 Assembly shall be required to change his or her residency in
26 order to continue serving in office or to seek retention in
27 office as resident judgeships are allotted by the Supreme
28 Court in accordance with this Section.
29 (d) A resident judge of a subcircuit must reside in the
30 subcircuit and must continue to reside in that subcircuit as
31 long as he or she holds that office.
32 (e) Vacancies in resident judgeships of the 22nd circuit
33 shall be filled in the manner provided in Article VI of the
34 Illinois Constitution.
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1 Section 15. The Judicial Vacancies Act is amended by
2 changing Section 2 as follows:
3 (705 ILCS 40/2) (from Ch. 37, par. 72.42)
4 Sec. 2. (a) Except as provided in paragraphs (1), (2),
5 (3), and (4), and (5) of this subsection (a), vacancies in
6 the office of a resident circuit judge in any county or in
7 any unit or subcircuit of any circuit shall not be filled.
8 (1) If in any county of less than 45,000
9 inhabitants there remains in office no other resident
10 judge following the occurrence of a vacancy, such vacancy
11 shall be filled.
12 (2) If in any county of 45,000 or more but less
13 than 60,000 inhabitants there remains in office only one
14 resident judge following the occurrence of a vacancy,
15 such vacancy shall be filled.
16 (3) If in any county of 60,000 or more inhabitants,
17 other than the County of Cook or as provided in paragraph
18 (5), there remain in office no more than 2 resident
19 judges following the occurrence of a vacancy, such
20 vacancy shall be filled.
21 (4) The County of Cook shall have 165 resident
22 judges on and after the effective date of this amendatory
23 Act of 1990. Of those resident judgeships, (i) 56 shall
24 be those authorized before the effective date of this
25 amendatory Act of 1990 from the unit of the Circuit of
26 Cook County within Chicago, (ii) 27 shall be those
27 authorized before the effective date of this amendatory
28 Act of 1990 from the unit of the Circuit of Cook County
29 outside Chicago, (iii) 12 shall be additional resident
30 judgeships first elected at the general election in
31 November of 1992, (iv) 10 shall be additional resident
32 judgeships first elected at the general election in
33 November of 1994, and (v) 60 shall be additional resident
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1 judgeships to be authorized one each for each reduction
2 upon vacancy in the office of associate judge in the
3 Circuit of Cook County as those vacancies exist or occur
4 on and after the effective date of this amendatory Act of
5 1990 and as those vacancies are determined under
6 subsection (b) of Section 2 of the Associate Judges Act
7 until the total resident judgeships authorized under this
8 item (v) is 60. Seven of the 12 additional resident
9 judgeships provided in item (iii) may be filled by
10 appointment by the Supreme Court during the period
11 beginning on the effective date of this amendatory Act of
12 1990 and ending 60 days before the primary election in
13 March of 1992; those judicial appointees shall serve
14 until the first Monday in December of 1992. Five of the
15 12 additional resident judgeships provided in item (iii)
16 may be filled by appointment by the Supreme Court during
17 the period beginning July 1, 1991 and ending 60 days
18 before the primary election in March of 1992; those
19 judicial appointees shall serve until the first Monday in
20 December of 1992. Five of the 10 additional resident
21 judgeships provided in item (iv) may be filled by
22 appointment by the Supreme Court during the period
23 beginning July 1, 1992 and ending 60 days before the
24 primary election in March of 1994; those judicial
25 appointees shall serve until the first Monday in December
26 of 1994. The remaining 5 of the 10 additional resident
27 judgeships provided in item (iv) may be filled by
28 appointment by the Supreme Court during the period
29 beginning July 1, 1993 and ending 60 days before the
30 primary election in March of 1994; those judicial
31 appointees shall serve until the first Monday in December
32 1994. The additional resident judgeships created upon
33 vacancy in the office of associate judge provided in item
34 (v) may be filled by appointment by the Supreme Court
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1 beginning on the effective date of this amendatory Act of
2 1990; but no additional resident judgeships created upon
3 vacancy in the office of associate judge provided in item
4 (v) shall be filled during the 59 day period before the
5 next primary election to nominate judges. The Circuit of
6 Cook County shall be divided into units to be known as
7 subcircuits as provided in Section 2f of the Circuit
8 Courts Act. A vacancy in the office of resident judge of
9 the Circuit of Cook County existing on or occurring on or
10 after the effective date of this amendatory Act of 1990,
11 but before the date the subcircuits are created by law,
12 shall be filled by appointment by the Supreme Court from
13 the unit within Chicago or the unit outside Chicago, as
14 the case may be, in which the vacancy occurs and filled
15 by election from the subcircuit to which it is allotted
16 under Section 2f of the Circuit Courts Act. A vacancy in
17 the office of resident judge of the Circuit of Cook
18 County existing on or occurring on or after the date the
19 subcircuits are created by law shall be filled by
20 appointment by the Supreme Court and by election from the
21 subcircuit to which it is allotted under Section 2f of
22 the Circuit Courts Act.
23 (5) Resident judges in the 12th, 19th, and 22nd
24 judicial circuits are as provided in Sections 2f-1, 2f-2,
25 2f-4, and 2f-5 of the Circuit Courts Act.
26 (b) Nothing in paragraphs (2) or (3) of subsection (a)
27 of this Section shall be construed to require or permit in
28 any county a greater number of resident judges than there
29 were resident associate judges on January 1, 1967.
30 (c) Vacancies authorized to be filled by this Section 2
31 shall be filled in the manner provided in Article VI of the
32 Constitution.
33 (d) A person appointed to fill a vacancy in the office
34 of circuit judge shall be, at the time of appointment, a
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1 resident of the subcircuit from which the person whose
2 vacancy is being filled was elected if the vacancy occurred
3 in a circuit divided into subcircuits Cook County. If a
4 vacancy in the office of circuit judge occurred in a circuit
5 not divided into subcircuits other than Cook County, a person
6 appointed to fill the vacancy shall be, at the time of
7 appointment, a resident of the circuit from which the person
8 whose vacancy is being filled was elected. Except as
9 provided in Sections 2f-1, 2f-2, 2f-4, and 2f-5 of the
10 Circuit Courts Act, if a vacancy occurred in the office of a
11 resident circuit judge, a person appointed to fill the
12 vacancy shall be, at the time of appointment, a resident of
13 the county from which the person whose vacancy is being
14 filled was elected.
15 (Source: P.A. 90-342, eff. 8-8-97.)
16 Section 20. The Associate Judges Act is amended by
17 changing Section 2 as follows:
18 (705 ILCS 45/2) (from Ch. 37, par. 160.2)
19 Sec. 2. (a) The maximum number of associate judges
20 authorized for each circuit is the greater of the applicable
21 minimum number specified in this Section or one for each
22 35,000 or fraction thereof in population as determined by the
23 last preceding Federal census, except for circuits with a
24 population of more than 3,000,000 where the maximum number of
25 associate judges is one for each 29,000 or fraction thereof
26 in population as determined by the last preceding federal
27 census, reduced in circuits of less than 200,000 inhabitants
28 by the number of resident circuit judges elected in the
29 circuit in excess of one per county. In addition, in
30 circuits of 1,000,000 or more inhabitants, there shall be one
31 additional associate judge authorized for each municipal
32 district of the circuit court. The number of associate judges
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1 to be appointed in each circuit, not to exceed the maximum
2 authorized, shall be determined from time to time by the
3 Circuit Court. The minimum number of associate judges
4 authorized for any circuit consisting of a single county
5 shall be 14, except that the minimum in the 22nd circuit
6 shall be 8. The minimum number of associate judges
7 authorized for any circuit consisting of 2 counties with a
8 combined population of at least 275,000 but less than 300,000
9 shall be 10. The minimum number of associate judges
10 authorized for any circuit with a population of at least
11 303,000 but not more than 309,000 shall be 10. The minimum
12 number of associate judges authorized for any circuit with a
13 population of at least 329,000, but not more than 335,000
14 shall be 11. The minimum number of associate judges
15 authorized for any circuit with a population of at least
16 173,000 shall be 5. As used in this Section, the term
17 "resident circuit judge" has the meaning given it in the
18 Judicial Vacancies Act.
19 (b) The maximum number of associate judges authorized
20 under subsection (a) for a circuit with a population of more
21 than 3,000,000 shall be reduced as provided in this
22 subsection (b). For each vacancy that exists on or occurs on
23 or after the effective date of this amendatory Act of 1990,
24 that maximum number shall be reduced by one until the total
25 number of associate judges authorized under subsection (a) is
26 reduced by 60. A vacancy exists or occurs when an associate
27 judge dies, resigns, retires, is removed, or is not
28 reappointed upon expiration of his or her term; a vacancy
29 does not exist or occur at the expiration of a term if the
30 associate judge is reappointed.
31 (c) The maximum number of associate judges authorized
32 under subsection (a) for the 12th judicial circuit shall be
33 reduced as provided in this subsection (c). For each vacancy
34 that exists on or occurs after the effective date of this
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1 amendatory Act of the 93rd General Assembly, that maximum
2 number shall be reduced by one until the total number of
3 associate judges authorized under subsection (a) is reduced
4 by 2. A vacancy exists or occurs when an associate judge
5 dies, resigns, retires, is removed, or is not reappointed
6 upon expiration of his or her term; a vacancy does not exist
7 or occur at the expiration of a term if the associate judge
8 is reappointed.
9 (Source: P.A. 92-17, eff. 6-28-01.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.".