Illinois General Assembly - Full Text of HB4855
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Full Text of HB4855  102nd General Assembly

HB4855 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4855

 

Introduced 1/27/2022, by Rep. Katie Stuart

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/13-1  from Ch. 46, par. 13-1
10 ILCS 5/13-2  from Ch. 46, par. 13-2
10 ILCS 5/14-1  from Ch. 46, par. 14-1

    Amends the Election Code. Provides that, except for in a county with a population of at least 3,000,000 or where election judges are selected by election commissioners, an election authority may reduce the number of judges of election in each precinct from 5 to 3 for any election. Provides that, in certain cities, villages, and incorporated towns with a board of election commissioners, the board shall select and choose no less than 3 (rather than choose 5) persons as judges of election for each precinct. Effective immediately.


LRB102 24040 AWJ 33258 b

 

 

A BILL FOR

 

HB4855LRB102 24040 AWJ 33258 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 13-1, 13-2, and 14-1 as follows:
 
6    (10 ILCS 5/13-1)  (from Ch. 46, par. 13-1)
7    Sec. 13-1. In counties not under township organization,
8the county board of commissioners shall at its meeting in July
9in each even-numbered year appoint in each election precinct 5
10capable and discreet persons meeting the qualifications of
11Section 13-4 to be judges of election. Where neither voting
12machines nor electronic, mechanical or electric voting systems
13are used, the county board may, for any precinct with respect
14to which the board considers such action necessary or
15desirable in view of the number of voters, and shall for
16general elections for any precinct containing more than 600
17registered voters, appoint in addition to the 5 judges of
18election a team of 5 tally judges. In such precincts the judges
19of election shall preside over the election during the hours
20the polls are open, and the tally judges, with the assistance
21of the holdover judges designated pursuant to Section 13-6.2,
22shall count the vote after the closing of the polls. However,
23the County Board of Commissioners may appoint 3 judges of

 

 

HB4855- 2 -LRB102 24040 AWJ 33258 b

1election to serve in lieu of the 5 judges of election otherwise
2required by this Section (1) to serve in any emergency
3referendum, or in any odd-year regular election or in any
4special primary or special election called for the purpose of
5filling a vacancy in the office of representative in the
6United States Congress or to nominate candidates for such
7purpose or (2) if the county board passes an ordinance to
8reduce the number of judges of election to 3 for primary
9elections. In addition, an election authority may reduce the
10number of judges of election in each precinct from 5 to 3 for
11any election. The tally judges shall possess the same
12qualifications and shall be appointed in the same manner and
13with the same division between political parties as is
14provided for judges of election.
15    In addition to such precinct judges, the county board of
16commissioners shall appoint special panels of 3 judges each,
17who shall possess the same qualifications and shall be
18appointed in the same manner and with the same division
19between political parties as is provided for other judges of
20election. The number of such panels of judges required shall
21be determined by regulations of the State Board of Elections
22which shall base the required numbers of special panels on the
23number of registered voters in the jurisdiction or the number
24of vote by mail ballots voted at recent elections, or any
25combination of such factors.
26    Such appointment shall be confirmed by the court as

 

 

HB4855- 3 -LRB102 24040 AWJ 33258 b

1provided in Section 13-3 of this Article. No more than 3
2persons of the same political party shall be appointed judges
3of the same election precinct or election judge panel. The
4appointment shall be made in the following manner: The county
5board of commissioners shall select and approve 3 persons as
6judges of election in each election precinct from a certified
7list, furnished by the chair of the County Central Committee
8of the first leading political party in such precinct; and the
9county board of commissioners shall also select and approve 2
10persons as judges of election in each election precinct from a
11certified list, furnished by the chair of the County Central
12Committee of the second leading political party. However, if
13only 3 judges of election serve in each election precinct, no
14more than 2 persons of the same political party shall be judges
15of election in the same election precinct; and which political
16party is entitled to 2 judges of election and which political
17party is entitled to one judge of election shall be determined
18in the same manner as set forth in the next two preceding
19sentences with regard to 5 election judges in each precinct.
20Such certified list shall be filed with the county clerk not
21less than 10 days before the annual meeting of the county board
22of commissioners. Such list shall be arranged according to
23precincts. The chair of each county central committee shall,
24insofar as possible, list persons who reside within the
25precinct in which they are to serve as judges. However, he may,
26in his sole discretion, submit the names of persons who reside

 

 

HB4855- 4 -LRB102 24040 AWJ 33258 b

1outside the precinct but within the county embracing the
2precinct in which they are to serve. He must, however, submit
3the names of at least 2 residents of the precinct for each
4precinct in which his party is to have 3 judges and must submit
5the name of at least one resident of the precinct for each
6precinct in which his party is to have 2 judges. The county
7board of commissioners shall acknowledge in writing to each
8county chair the names of all persons submitted on such
9certified list and the total number of persons listed thereon.
10If no such list is filed or such list is incomplete (that is,
11no names or an insufficient number of names are furnished for
12certain election precincts), the county board of commissioners
13shall make or complete such list from the names contained in
14the supplemental list provided for in Section 13-1.1. The
15election judges shall hold their office for 2 years from their
16appointment, and until their successors are duly appointed in
17the manner provided in this Act. The county board of
18commissioners shall fill all vacancies in the office of judge
19of election at any time in the manner provided in this Act.
20(Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19.)
 
21    (10 ILCS 5/13-2)  (from Ch. 46, par. 13-2)
22    Sec. 13-2. In counties under the township organization the
23county board shall at its meeting in July in each
24even-numbered year except in counties containing a population
25of 3,000,000 inhabitants or over and except when such judges

 

 

HB4855- 5 -LRB102 24040 AWJ 33258 b

1are appointed by election commissioners, select in each
2election precinct in the county, 5 capable and discreet
3persons to be judges of election who shall possess the
4qualifications required by this Act for such judges. Where
5neither voting machines nor electronic, mechanical or electric
6voting systems are used, the county board may, for any
7precinct with respect to which the board considers such action
8necessary or desirable in view of the number of voters, and
9shall for general elections for any precinct containing more
10than 600 registered voters, appoint in addition to the 5
11judges of election a team of 5 tally judges. In such precincts
12the judges of election shall preside over the election during
13the hours the polls are open, and the tally judges, with the
14assistance of the holdover judges designated pursuant to
15Section 13-6.2, shall count the vote after the closing of the
16polls. The tally judges shall possess the same qualifications
17and shall be appointed in the same manner and with the same
18division between political parties as is provided for judges
19of election.
20    However, the county board may appoint 3 judges of election
21to serve in lieu of the 5 judges of election otherwise required
22by this Section (1) to serve in any emergency referendum, or in
23any odd-year regular election or in any special primary or
24special election called for the purpose of filling a vacancy
25in the office of representative in the United States Congress
26or to nominate candidates for such purpose or (2) if the county

 

 

HB4855- 6 -LRB102 24040 AWJ 33258 b

1board passes an ordinance to reduce the number of judges of
2election to 3 for primary elections. In addition, an election
3authority may reduce the number of judges of election in each
4precinct from 5 to 3 for any election.
5    In addition to such precinct judges, the county board
6shall appoint special panels of 3 judges each, who shall
7possess the same qualifications and shall be appointed in the
8same manner and with the same division between political
9parties as is provided for other judges of election. The
10number of such panels of judges required shall be determined
11by regulations of the State Board of Elections, which shall
12base the required number of special panels on the number of
13registered voters in the jurisdiction or the number of
14absentee ballots voted at recent elections or any combination
15of such factors.
16    No more than 3 persons of the same political party shall be
17appointed judges in the same election district or undivided
18precinct. The election of the judges of election in the
19various election precincts shall be made in the following
20manner: The county board shall select and approve 3 of the
21election judges in each precinct from a certified list
22furnished by the chair of the County Central Committee of the
23first leading political party in such election precinct and
24shall also select and approve 2 judges of election in each
25election precinct from a certified list furnished by the chair
26of the County Central Committee of the second leading

 

 

HB4855- 7 -LRB102 24040 AWJ 33258 b

1political party in such election precinct. However, if only 3
2judges of election serve in each election precinct, no more
3than 2 persons of the same political party shall be judges of
4election in the same election precinct; and which political
5party is entitled to 2 judges of election and which political
6party is entitled to one judge of election shall be determined
7in the same manner as set forth in the next two preceding
8sentences with regard to 5 election judges in each precinct.
9The respective County Central Committee chair shall notify the
10county board by June 1 of each odd-numbered year immediately
11preceding the annual meeting of the county board whether or
12not such certified list will be filed by such chair. Such list
13shall be arranged according to precincts. The chair of each
14county central committee shall, insofar as possible, list
15persons who reside within the precinct in which they are to
16serve as judges. However, he may, in his sole discretion,
17submit the names of persons who reside outside the precinct
18but within the county embracing the precinct in which they are
19to serve. He must, however, submit the names of at least 2
20residents of the precinct for each precinct in which his party
21is to have 3 judges and must submit the name of at least one
22resident of the precinct for each precinct in which his party
23is to have 2 judges. Such certified list, if filed, shall be
24filed with the county clerk not less than 20 days before the
25annual meeting of the county board. The county board shall
26acknowledge in writing to each county chair the names of all

 

 

HB4855- 8 -LRB102 24040 AWJ 33258 b

1persons submitted on such certified list and the total number
2of persons listed thereon. If no such list is filed or the list
3is incomplete (that is, no names or an insufficient number of
4names are furnished for certain election precincts), the
5county board shall make or complete such list from the names
6contained in the supplemental list provided for in Section
713-1.1. Provided, further, that in any case where a township
8has been or shall be redistricted, in whole or in part,
9subsequent to one general election for Governor, and prior to
10the next, the judges of election to be selected for all new or
11altered precincts shall be selected in that one of the methods
12above detailed, which shall be applicable according to the
13facts and circumstances of the particular case, but the
14majority of such judges for each such precinct shall be
15selected from the first leading political party, and the
16minority judges from the second leading political party.
17Provided, further, that in counties having a population of
183,000,000 inhabitants or over the selection of judges of
19election shall be made in the same manner in all respects as in
20other counties, except that the provisions relating to tally
21judges are inapplicable to such counties and except that the
22county board shall meet during the month of January for the
23purpose of making such selection, each township
24committeeperson shall assume the responsibilities given to the
25chair of the county central committee in this Section for the
26precincts within his or her township, and the township

 

 

HB4855- 9 -LRB102 24040 AWJ 33258 b

1committeeperson shall notify the county board by the preceding
2October 1 whether or not the certified list will be filed. Such
3judges of election shall hold their office for 2 years from
4their appointment and until their successors are duly
5appointed in the manner provided in this Act. The county board
6shall fill all vacancies in the office of judges of elections
7at any time in the manner herein provided.
8    Such selections under this Section shall be confirmed by
9the circuit court as provided in Section 13-3 of this Article.
10(Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19.)
 
11    (10 ILCS 5/14-1)  (from Ch. 46, par. 14-1)
12    Sec. 14-1. (a) The board of election commissioners
13established or existing under Article 6 shall, at the time and
14in the manner provided in Section 14-3.1, select and choose no
15less than 3 5 persons, men or women, as judges of election for
16each precinct in such city, village or incorporated town.
17    Where neither voting machines nor electronic, mechanical
18or electric voting systems are used, the board of election
19commissioners may, for any precinct with respect to which the
20board considers such action necessary or desirable in view of
21the number of voters, and shall for general elections for any
22precinct containing more than 600 registered voters, appoint
23in addition to the 5 judges of election chosen under this
24subsection a team of 5 tally judges. In such precincts the
25judges of election shall preside over the election during the

 

 

HB4855- 10 -LRB102 24040 AWJ 33258 b

1hours the polls are open, and the tally judges, with the
2assistance of the holdover judges designated pursuant to
3Section 14-5.2, shall count the vote after the closing of the
4polls. The tally judges shall possess the same qualifications
5and shall be appointed in the same manner and with the same
6division between political parties as is provided for judges
7of election. The foregoing provisions relating to the
8appointment of tally judges are inapplicable in counties with
9a population of 1,000,000 or more.
10    (b) To qualify as judges the persons must:
11        (1) be citizens of the United States;
12        (2) be of good repute and character and not subject to
13    the registration requirement of the Sex Offender
14    Registration Act;
15        (3) be able to speak, read and write the English
16    language;
17        (4) be skilled in the 4 fundamental rules of
18    arithmetic;
19        (5) be of good understanding and capable;
20        (6) not be candidates for any office at the election
21    and not be elected committeepersons;
22        (7) reside and be entitled to vote in the precinct in
23    which they are selected to serve, except that in each
24    precinct not more than one judge of each party may be
25    appointed from outside such precinct. Any judge so
26    appointed to serve in any precinct in which he is not

 

 

HB4855- 11 -LRB102 24040 AWJ 33258 b

1    entitled to vote must be entitled to vote elsewhere within
2    the county which encompasses the precinct in which such
3    judge is appointed and such judge must otherwise meet the
4    qualifications of this Section, except as provided in
5    subsection (c) or (c-5).
6    (c) An election authority may establish a program to
7permit a person who is not entitled to vote to be appointed as
8an election judge if, as of the date of the election at which
9the person serves as a judge, he or she:
10        (1) is a U.S. citizen;
11        (2) is a junior or senior in good standing enrolled in
12    a public or private secondary school;
13        (3) has a cumulative grade point average equivalent to
14    at least 3.0 on a 4.0 scale;
15        (4) has the written approval of the principal of the
16    secondary school he or she attends at the time of
17    appointment;
18        (5) has the written approval of his or her parent or
19    legal guardian;
20        (6) has satisfactorily completed the training course
21    for judges of election described in Sections 13-2.1,
22    13-2.2, and 14-4.1; and
23        (7) meets all other qualifications for appointment and
24    service as an election judge.
25    No more than one election judge qualifying under this
26subsection may serve per political party per precinct. Prior

 

 

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1to appointment, a judge qualifying under this subsection must
2certify in writing to the election authority the political
3party the judge chooses to affiliate with.
4    Students appointed as election judges under this
5subsection shall not be counted as absent from school on the
6day they serve as judges.
7    (c-5) An election authority may establish a program to
8permit a person who is not entitled to vote in that precinct or
9county to be appointed as an election judge if, as of the date
10of the election at which the person serves as a judge, he or
11she:
12        (1) is a U.S. citizen;
13        (2) is currently enrolled in a community college, as
14    defined in the Public Community College Act, or a public
15    or private Illinois university or college;
16        (3) has a cumulative grade point average equivalent to
17    at least 3.0 on a 4.0 scale;
18        (4) has satisfactorily completed the training course
19    for judges of election described in Sections 13-2.1,
20    13-2.2, and 14-4.1; and
21        (5) meets all other qualifications for appointment and
22    service as an election judge.
23    No more than one election judge qualifying under this
24subsection may serve per political party per precinct. Prior
25to appointment, a judge qualifying under this subsection must
26certify in writing to the election authority the political

 

 

HB4855- 13 -LRB102 24040 AWJ 33258 b

1party the judge chooses to affiliate with.
2    Students appointed as election judges under this
3subsection shall not be counted as absent from school on the
4day they serve as judges.
5    (d) The board of election commissioners may select 2
6additional judges of election, one from each of the major
7political parties, for each 200 voters in excess of 600 in any
8precinct having more than 600 voters as authorized by Section
911-3. These additional judges must meet the qualifications
10prescribed in this Section.
11(Source: P.A. 100-1027, eff. 1-1-19.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.