98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3656

 

Introduced , by Rep. David McSweeney - Ed Sullivan, Jr. - JoAnn D. Osmond - Barbara Wheeler

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/6A-1  from Ch. 46, par. 6A-1
10 ILCS 5/6A-3  from Ch. 46, par. 6A-3

    Amends the Election Code. Removes provisions requiring the establishment of a county board of election commissioners in Lake County. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 6A-1 and 6A-3 as follows:
 
6    (10 ILCS 5/6A-1)  (from Ch. 46, par. 6A-1)
7    Sec. 6A-1. (a) Any county in which there is no city,
8village or incorporated town with a board of election
9commissioners may establish a county board of election
10commissioners either (1) by ordinance of the county board or
11(2) by vote of the electors of the county in accordance with
12subsection (a) of Section 6A-2.
13    The fact that some territory in a county is within the
14corporate limits of a city, village or incorporated town with a
15board of election commissioners does not prevent that county
16from establishing a county board of election commissioners in
17accordance with this Article if no portion of such city,
18village or incorporated town was within the county at the time
19of the establishment of the board of election commissioners for
20such city, village or incorporated town. If such a county
21establishes a county board of election commissioners pursuant
22to this Article, the county board of election commissioners
23shall, with respect to the territory in the county within the

 

 

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1corporate limits of the city, village or incorporated town,
2supersede the board of election commissioners of that city,
3village or incorporated town.
4    (b) (Blank). Any county with a population of more than
5700,000 persons as of the 2010 federal decennial census that
6borders another state and borders no more than 2 other Illinois
7counties, shall be subject to a county board of election
8commissioners beginning 90 days after the effective date of
9this amendatory Act of the 98th General Assembly.
10    (c) Any county with a population of less than 200,000 but
11more than 175,000 persons as of the 2010 federal decennial
12census in which a city, village, or incorporated town with a
13board of election commissioners is located may establish a
14county board of election commissioners by vote of the electors
15of the county in accordance with subsection (b) of Section
166A-2. If such a county establishes a county board of election
17commissioners, the county board of election commissioners,
18with respect to the territory in the county within the
19corporate limits of the city, village, or incorporated town,
20shall supersede the board of election commissioners of that
21city, village, or incorporated town.
22(Source: P.A. 98-115, eff. 7-29-13.)
 
23    (10 ILCS 5/6A-3)  (from Ch. 46, par. 6A-3)
24    Sec. 6A-3. Commissioners; filling vacancies.
25    (a) If the county board adopts an ordinance providing for

 

 

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1the establishment of a county board of election commissioners,
2or if a majority of the votes cast on a proposition submitted
3in accordance with Section 6A-2(a) are in favor of a county
4board of election commissioners, a county board of election
5commissioners shall be appointed in the same manner as is
6provided in Article 6 for boards of election commissioners in
7cities, villages and incorporated towns, except that the county
8board of election commissioners shall be appointed by the
9chairman of the county board rather than the circuit court.
10However, before any appointments are made, the appointing
11authority shall ascertain whether the county clerk desires to
12be a member of the county board of election commissioners. If
13the county clerk so desires, he shall be one of the members of
14the county board of election commissioners, and the appointing
15authority shall appoint only 2 other members.
16    (b) (Blank). For any county board of election commissioners
17established under subsection (b) of Section 6A-1, within 30
18days after the effective date of this amendatory Act of the
1998th General Assembly, the chief judge of the circuit court of
20the county shall appoint 5 commissioners. At least 4 of those
21commissioners shall be selected from the 2 major established
22political parties of the State, with at least 2 from each of
23those parties. Such appointment shall be entered of record in
24the office of the County Clerk and the State Board of
25Elections. Those first appointed shall hold their offices for
26the period of one, 2, and 3 years respectively, and the judge

 

 

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1appointing them shall designate the term for which each
2commissioner shall hold his or her office, whether for one, 2
3or 3 years except that no more than one commissioner from each
4major established political party may be designated the same
5term. After the initial term, each commissioner or his or her
6successor shall be appointed to a 3 year term. No elected
7official or former elected official who has been out of elected
8office for less than 2 years may be appointed to the board.
9Vacancies shall be filled by the chief judge of the circuit
10court within 30 days of the vacancy in a manner that maintains
11the foregoing political party representation.
12    (c) For any county board of election commissioners
13established under subsection (c) of Section 6A-1, within 30
14days after the conclusion of the election at which the
15proposition to establish a county board of election
16commissioners is approved by the voters, the municipal board
17shall apply to the circuit court of the county for the chief
18judge of the circuit court to appoint 2 additional
19commissioners, one of whom shall be from each major established
20political party and neither of whom shall reside within the
21limits of the municipal board, so that 3 commissioners shall
22reside within the limits of the municipal board and 2 shall
23reside within the county but not within the municipality, as it
24may exist from time to time. Not more than 3 of the
25commissioners shall be members of the same major established
26political party. Vacancies shall be filled by the chief judge

 

 

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1of the circuit court upon application of the remaining
2commissioners in a manner that maintains the foregoing
3geographical and political party representation.
4(Source: P.A. 98-115, eff. 7-29-13.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.