HB3150 98TH GENERAL ASSEMBLY

LRB098 06196 HLH 36237 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3150

Introduced , by Rep. Charles E. Jefferson

SYNOPSIS AS INTRODUCED:

10 ILCS 5/Art. 6B heading new
10 ILCS 5/6B-1 new
10 ILCS 5/6B-2 new
10 ILCS 5/6B-3 new
10 ILCS 5/6B-4 new
10 ILCS 5/6B-5 new
10 ILCS 5/6B-6 new
10 ILCS 5/6B-7 new

Amends the Election Code. Provides that counties bordering another state but not another county of over 3,000,000 population that have a population under 200,000 shall convert any existing municipal board of election commissioners to a county board of election commissioners. Provides that the county board shall be expanded to include a representative from each major political party that does not live within the borders of the municipality from which the board originated. Provides that all powers, duties, and physical possessions relating to elections of the old election board shall be transferred to the new election board. Provides that the provisions of the Election Code pertaining to boards of election commissioners of cities, villages, and incorporated townships shall be applicable, as far as possible, to this new county board of election commissioners. Provides that any reference in the Election Code to the registration of votes, filing of petitions, certification of candidates, preparation of ballots, establishment of election precincts, designation of polling places, or any other matter pertaining to the conduct of elections, shall, as applied to any county having a county board of election commissioners, be construed as referring to the county board of election commissioners. Provides a process for abolishing these county boards and replacing them with the original municipal board. Provides for the payment of the expenses and salaries of the county board of election commissioners through taxation and subjects these salaries and expenditures to an audit by the Chief Circuit Judge. Effective January 1, 2014.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by adding the heading of Article 6B as follows:

(10 ILCS 5/Art. 6B heading new)

ARTICLE 6B.

(10 ILCS 5/6B-1 new)

Sec. 6B-1. Establishment. Any county bordering another state but not bordering a county of over 3,000,000 population, and having a population of more than 200,000 in which there currently operates a municipal board under Article 6 of this Code, shall be subject to a county-wide board of election commissioners commencing upon the effective date of this Section. The previously existing municipal board shall continue its corporate existence but its authority shall be county-wide and it shall thenceforth be known as the (name of county) Board of Election Commissioners.

(10 ILCS 5/6B-2 new)

Sec. 6B-2. Commissioners; filling vacancies. Within 30 days after the conclusion of the next general election following the effective date of this Section, the municipal board shall apply to the circuit court for that court to appoint two additional commissioners, one of whom shall be from each major political party and neither of whom shall reside within the limits of the municipal board; such that three commissioners shall reside within the limits of the municipal board, and two shall reside within the county but not within the municipality, as it may exist from time to time; and not more than three of whom shall be members of the same major political party. Vacancies shall be filled by the circuit court, upon application of the remaining commissioners, in a manner that maintains the foregoing geographical and political party representation.

(10 ILCS 5/6B-3 new)

Sec. 6B-3. Transfer of powers, duties, and materials. Upon the opening of the office of the expanded board of election commissioners, the county clerk shall turn over to such board all registry books, registration record cards, poll books, tally sheets, ballot boxes, counting and tabulating equipment, election supplies, and all other books, forms, blanks, and stationery of every description in his or her hands in any way relating to elections or the holding of elections in the county. Thereupon all functions, powers, and duties of the county clerk or the county board relating to elections are transferred to the county board of election commissioners.

(10 ILCS 5/6B-4 new)

Sec. 6B-4. Application of other Articles. The provisions of Articles 6, 14, and 18 of this Code relating to the boards of election commissioners in cities, villages, and incorporated towns shall, insofar as they can be made applicable, apply to and govern county boards of election commissioners established under this Article. Section 6-70 of this Code shall apply with respect to compensation of commissioners under this Article.

(10 ILCS 5/6B-5 new)

Sec. 6B-5. Application of references. Any reference in this Code to the county clerk or the county board with respect to the registration of votes, filing of petitions, certification of candidates, preparation of ballots, establishment of election precincts, designation of polling places, or any other matter pertaining to the conduct of elections, shall, as applied to any county having a county board of election commissioners, be construed as referring to the county board of election commissioners.

(10 ILCS 5/6B-6 new)

Sec. 6B-6. Abolition of county board of election commissioners. Any county which has established a county board of election commissioners under this Article may subsequently vote to abandon such board in the same manner as provided in Article 6 for cities, villages, and incorporated towns, except that the petition to the circuit court to submit to the vote of the electors of the county the proposition to abandon the county board of election commissioners shall be signed by at least 10% of the registered voters of the county, and must be approved by the affirmative vote of the electors residing in the county, and also, at the same election, by the affirmative vote of the electors then residing in the municipality originally maintaining the predecessor municipal board of election commissioners.

(10 ILCS 5/6B-7 new)

Sec. 6B-7. Payment of expenses of county board of election commissioners.

(a) Upon the opening of the office of the expanded county board of election commissioners, its salaries and expenditures are to be audited by the Chief Circuit Judge in the same manner as was previously the case for the predecessor municipal board under Section 6-70 of this Code, and the salaries and expenditures shall be paid by the county treasurer, upon the warrant of such Chief Circuit Judge out of any money in the county treasury not otherwise appropriated.

(b) This amount shall be payable from the tax levied and collected under Section 56-1024 of the Counties Code. Section 5-1025 of the Counties Code shall cease to apply to any county in which is located an expanded county board of election commissioners under this Article.

Section 99. Effective date. This Act takes effect January 1, 2014.