093_HB2874

 
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 1        AN ACT concerning elections.

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

 4        Section  5.  The  Election  Code  is  amended by changing
 5    Sections 1-3, 13-2, and 14-3.1 as follows:

 6        (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
 7        Sec. 1-3.  As  used  in  this  Act,  unless  the  context
 8    otherwise requires:
 9        1.  "Election"  includes  the submission of all questions
10    of public policy, propositions, and all measures submitted to
11    popular  vote,  and  includes  primary  elections   when   so
12    indicated by the context.
13        2.  "Regular   election"   means   the  general,  general
14    primary,  consolidated  and  consolidated  primary  elections
15    regularly scheduled in Article 2A.  The  even  numbered  year
16    municipal  primary  established  in  Article  2A is a regular
17    election only with respect to those municipalities in which a
18    primary is required to be held on such date.
19        3.  "Special election" means an  election  not  regularly
20    recurring  at  fixed intervals, irrespective of whether it is
21    held at the same time and place  and  by  the  same  election
22    officers as a regular election.
23        4.  "General  election"  means  the  biennial election at
24    which members of the General Assembly are  elected.  "General
25    primary  election", "consolidated election" and "consolidated
26    primary  election"  mean  the  respective  elections  or  the
27    election dates designated and established in  Article  2A  of
28    this Code.
29        5.  "Municipal  election"  means  an election or primary,
30    either  regular  or  special,  in   cities,   villages,   and
31    incorporated  towns;  and "municipality" means any such city,
 
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 1    village or incorporated town.
 2        6.  "Political or  governmental  subdivision"  means  any
 3    unit  of  local  government,  or  school  district  in  which
 4    elections  are  or  may  be  held. "Political or governmental
 5    subdivision" also includes, for election  purposes,  Regional
 6    Boards  of  School  Trustees,  and  Township Boards of School
 7    Trustees.
 8        7.  The word "township" and the word "town"  shall  apply
 9    interchangeably  to  the  type  of  governmental organization
10    established in accordance with the provisions of the Township
11    Code. The term "incorporated town" shall mean a  municipality
12    referred to as an incorporated town in the Illinois Municipal
13    Code, as now or hereafter amended.
14        8.  "Election  authority" means a county clerk or a Board
15    of Election Commissioners.
16        9.  "Election Jurisdiction" means (a) an  entire  county,
17    in  the  case  of a county in which no city board of election
18    commissioners is located or which is under  the  jurisdiction
19    of   a  county  board  of  election  commissioners;  (b)  the
20    territorial  jurisdiction  of  a  city  board   of   election
21    commissioners;  and  (c) the territory in a county outside of
22    the jurisdiction of a city board of  election  commissioners.
23    In  each  instance  election jurisdiction shall be determined
24    according to which election authority maintains the permanent
25    registration records of qualified electors.
26        10.  "Local  election  official"  means  the   clerk   or
27    secretary  of  a unit of local government or school district,
28    as the case may be, the treasurer  of  a  township  board  of
29    school  trustees,  and the regional superintendent of schools
30    with respect to the  various  school  officer  elections  and
31    school  referenda  for  which  the regional superintendent is
32    assigned election duties  by  The  School  Code,  as  now  or
33    hereafter amended.
34        11.  "Judges  of  election", "primary judges" and similar
 
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 1    terms, as applied to cases where there are 2 sets of  judges,
 2    when used in connection with duties at an election during the
 3    hours  the  polls  are  open,  refer to the team of judges of
 4    election on duty during  such  hours;  and,  when  used  with
 5    reference  to duties after the closing of the polls, refer to
 6    the team of tally judges designated to count the  vote  after
 7    the  closing  of the polls and the holdover judges designated
 8    pursuant to Section 13-6.2 or 14-5.2. In  such  case,  where,
 9    after  the  closing  of  the polls, any act is required to be
10    performed by each of the judges  of  election,  it  shall  be
11    performed  by  each  of  the  tally judges and by each of the
12    holdover judges.
13        12.  "Petition" of candidacy as used in Sections 7-10 and
14    7-10.1 shall consist of a statement of candidacy, candidate's
15    statement containing oath, and sheets  containing  signatures
16    of qualified primary electors bound together.
17        13.  "Election  district"  and "precinct", when used with
18    reference  to  a  30-day  residence  requirement,  means  the
19    smallest constituent territory in which electors  vote  as  a
20    unit  at  the  same polling place in any election governed by
21    this Act.
22        14.  "District" means any area which votes as a unit  for
23    the  election  of any officer, other than the State or a unit
24    of local government or school district, and includes, but  is
25    not  limited  to,  legislative,  congressional  and  judicial
26    districts,   judicial   circuits,   county  board  districts,
27    municipal  and  sanitary   district   wards,   school   board
28    districts, and precincts.
29        15.  "Question  of  public  policy"  or "public question"
30    means any question, proposition or measure submitted  to  the
31    voters  at an election dealing with subject matter other than
32    the nomination or election of candidates and  shall  include,
33    but  is  not  limited  to,  any  bond  or tax referendum, and
34    questions relating to the Constitution.
 
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 1        16.  "Ordinance providing the form  of  government  of  a
 2    municipality  or  county  pursuant  to  Article  VII  of  the
 3    Constitution"  includes ordinances, resolutions and petitions
 4    adopted  by  referendum  which  provide  for  the   form   of
 5    government,  the officers or the manner of selection or terms
 6    of  office  of  officers  of  such  municipality  or  county,
 7    pursuant to the provisions of Sections 4, 6 or 7  of  Article
 8    VII of the Constitution.
 9        17.  "List"  as  used in Sections 4-11, 4-22, 5-14, 5-29,
10    6-60, and 6-66 shall include a computer tape or computer disc
11    or other electronic data  processing  information  containing
12    voter information.
13        18.  "Accessible"  means  accessible  to  handicapped and
14    elderly  individuals   for   the   purpose   of   voting   or
15    registration,  as  determined  by  rule of the State Board of
16    Elections.
17        19.  "Elderly" means 65 years of age or older.
18        20.  "Handicapped" means having a temporary or  permanent
19    physical disability.
20        21.  "Leading  political  party"  means  one  of  the two
21    political parties whose candidates for governor at  the  most
22    recent three gubernatorial election elections received either
23    the  highest  or second highest average number of votes.  The
24    political party whose candidates for  governor  received  the
25    highest  average  number of votes shall be known as the first
26    leading  political  party  and  the  political  party   whose
27    candidates  for  governor received the second highest average
28    number  of  votes  shall  be  known  as  the  second  leading
29    political party.
30        22.  "Business day" means any day in which the office  of
31    an  election  authority, local election official or the State
32    Board of Elections is open to the public for a minimum  of  7
33    hours.
34        23.  "Homeless  individual"  means  any  person who has a
 
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 1    nontraditional residence, including but  not  limited  to,  a
 2    shelter,  day  shelter,  park  bench, street corner, or space
 3    under a bridge.
 4    (Source: P.A. 90-358, eff. 1-1-98.)

 5        (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
 6        Sec. 13-2.  In counties under the  township  organization
 7    the  county  board  shall  at  its  meeting  in  May  in each
 8    even-numbered year except in counties containing a population
 9    of 3,000,000 inhabitants or over and except when such  judges
10    are  appointed  by  election  commissioners,  select  in each
11    election precinct in  the  county,  5  capable  and  discreet
12    persons  to  be  judges  of  election  who  shall possess the
13    qualifications required by this Act for  such  judges.  Where
14    neither   voting   machines  nor  electronic,  mechanical  or
15    electric voting systems are used, the county board  may,  for
16    any  precinct  with respect to which the board considers such
17    action necessary or  desirable  in  view  of  the  number  of
18    voters,  and  shall  for  general  elections for any precinct
19    containing  more  than  600  registered  voters,  appoint  in
20    addition to the 5 judges  of  election  a  team  of  5  tally
21    judges.  In  such  precincts  the  judges  of  election shall
22    preside over the election during  the  hours  the  polls  are
23    open,  and  the  tally  judges,  with  the  assistance of the
24    holdover judges designated pursuant to Section 13-6.2,  shall
25    count  the  vote  after  the  closing of the polls. The tally
26    judges shall possess the same  qualifications  and  shall  be
27    appointed  in  the  same  manner  and  with the same division
28    between political  parties  as  is  provided  for  judges  of
29    election.
30        However,  the  county  board  may  appoint  3  judges  of
31    election  to  serve  in  lieu  of  the  5  judges of election
32    otherwise required by this Section to serve in any  emergency
33    referendum,  or  in  any  odd-year regular election or in any
 
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 1    special primary or special election called for the purpose of
 2    filling a vacancy in the  office  of  representative  in  the
 3    United  States  Congress  or  to nominate candidates for such
 4    purpose.
 5        In addition to such precinct  judges,  the  county  board
 6    shall  appoint  special  panels  of  3 judges each, who shall
 7    possess the same qualifications and shall be appointed in the
 8    same manner and with  the  same  division  between  political
 9    parties  as  is  provided  for  other judges of election. The
10    number of such panels of judges required shall be  determined
11    by  regulations  of the State Board of Elections, which shall
12    base the required number of special panels on the  number  of
13    registered  voters  in  the  jurisdiction  or  the  number of
14    absentee ballots voted at recent elections or any combination
15    of such factors.
16        No more than 3 persons of the same political party  shall
17    be   appointed  judges  in  the  same  election  district  or
18    undivided precinct. For precincts with  boundaries  unchanged
19    since the last preceding gubernatorial election, the election
20    of  the  judges of election in the various election precincts
21    shall be made in the following manner: The county board shall
22    select and approve 3 of the election judges in each  precinct
23    from a certified list furnished by the chairman of the County
24    Central  Committee  of  the  first leading political party in
25    such election precinct and shall also select  and  approve  2
26    judges of election in each election precinct from a certified
27    list   furnished  by  the  chairman  of  the  County  Central
28    Committee of the  second  leading  political  party  in  such
29    election  precinct.  However,  if  only  3 judges of election
30    serve in each election precinct, no more than  2  persons  of
31    the  same  political party shall be judges of election in the
32    same election precinct; and which political party is entitled
33    to 2 judges of election and which political party is entitled
34    to one judge of election shall  be  determined  in  the  same
 
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 1    manner  as set forth in the next two preceding sentences with
 2    regard to 5 election judges in each precinct.  The respective
 3    County Central Committee chairman  shall  notify  the  county
 4    board  by  June  1  of  each  odd-numbered  year  immediately
 5    preceding  the  annual meeting of the county board whether or
 6    not such certified list will be filed by such chairman.  Such
 7    list  shall  be arranged according to precincts. The chairman
 8    of each county central committee shall, insofar as  possible,
 9    list persons who reside within the precinct in which they are
10    to  serve as judges. However, he may, in his sole discretion,
11    submit the names of persons who reside outside  the  precinct
12    but  within  the  county embracing the precinct in which they
13    are to serve. He must, however, submit the names of at  least
14    2  residents  of  the precinct for each precinct in which his
15    party is to have 3 judges and must  submit  the  name  of  at
16    least one resident of the precinct for each precinct in which
17    his party is to have 2 judges. Such certified list, if filed,
18    shall  be  filed  with the county clerk not less than 20 days
19    before the annual meeting of the  county  board.  The  county
20    board  shall  acknowledge  in writing to each county chairman
21    the names of all persons submitted on such certified list and
22    the total number of persons listed thereon. If no  such  list
23    is  filed  or the list is incomplete (that is, no names or an
24    insufficient  number  of  names  are  furnished  for  certain
25    election precincts), the county board shall make or  complete
26    such  list  from the names contained in the supplemental list
27    provided for in Section 13-1.1. Provided,  further,  that  in
28    any  case where a township has been or shall be redistricted,
29    in whole or in part, subsequent to one general  election  for
30    Governor, and prior to the next, the judges of election to be
31    selected  for  all new or altered precincts shall be selected
32    in that one of the methods above  detailed,  which  shall  be
33    applicable  according  to  the facts and circumstances of the
34    particular case, but the majority of  such  judges  for  each
 
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 1    such   precinct   shall,   to   the   extent   possible   and
 2    ascertainable,  be  selected from the first leading political
 3    party, and  the  minority  judges  from  the  second  leading
 4    political party. Provided, further, that in counties having a
 5    population  of 1,000,000 inhabitants or over the selection of
 6    judges of election shall be made in the same  manner  in  all
 7    respects  as  in  other  counties, except that the provisions
 8    relating to tally judges are inapplicable  to  such  counties
 9    and  except that the county board shall meet during the month
10    of January for the purpose of making such selection  and  the
11    chairman  of  each  county central committee shall notify the
12    county board by the preceding October 1 whether  or  not  the
13    certified  list  will be filed. Such judges of election shall
14    hold their office for 2  years  from  their  appointment  and
15    until  their  successors  are  duly  appointed  in the manner
16    provided in  this  Act.  The  county  board  shall  fill  all
17    vacancies in the office of judges of elections at any time in
18    the manner herein provided.
19        Such  selections under this Section shall be confirmed by
20    the circuit  court  as  provided  in  Section  13-3  of  this
21    Article.
22    (Source: P.A. 91-352, eff. 1-1-00.)

23        (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
24        Sec.  14-3.1.  The board of election commissioners shall,
25    during the month of May of each  even-numbered  year,  select
26    for  each  election  precinct  within the jurisdiction of the
27    board 5 persons to be judges of election  who  shall  possess
28    the  qualifications required by this Act for such judges. For
29    precincts with boundaries unchanged since the last  preceding
30    gubernatorial  election,  the  selection  shall  be made by a
31    county board  of  election  commissioners  in  the  following
32    manner:   the  county  board  of election commissioners shall
33    select and approve 3 persons as judges of  election  in  each
 
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 1    election  precinct  from  a  certified  list furnished by the
 2    chairman of the county central committee of the first leading
 3    political  party  in  that  precinct;  the  county  board  of
 4    election  commissioners  also  shall  select  and  approve  2
 5    persons as judges of election in each election precinct  from
 6    a  certified  list  furnished  by  the chairman of the county
 7    central committee of the second leading  political  party  in
 8    that precinct.  For precincts with boundaries unchanged since
 9    the last preceding gubernatorial election, the selection by a
10    municipal  board  of  election commissioners shall be made in
11    the following manner: for each precinct, 3  judges  shall  be
12    selected  from one of the 2 leading political parties and the
13    other 2 judges shall  be  selected  from  the  other  leading
14    political  party;   the  parties  entitled to 3 and 2 judges,
15    respectively, in the several precincts shall be determined as
16    provided in Section  14-4.   However,  a  Board  of  Election
17    Commissioners  may  appoint three judges of election to serve
18    in lieu of the 5 judges of  election  otherwise  required  by
19    this  Section to serve in any emergency referendum, or in any
20    odd-year regular  election  or  in  any  special  primary  or
21    special  election called for the purpose of filling a vacancy
22    in the office of representative in the United States Congress
23    or to nominate candidates for such purpose.
24        If only 3 judges  of  election  serve  in  each  election
25    precinct,  no more than 2 persons of the same political party
26    shall be judges of election in the  same  election  precinct,
27    and which political party is entitled to 2 judges of election
28    and  which  political  party  is  entitled  to  one  judge of
29    election shall be determined as set forth in this Section for
30    a county board of  election  commissioners'  selection  of  5
31    election  judges  in  each  precinct or in Section 14-4 for a
32    municipal  board  of  election  commissioners'  selection  of
33    election judges in each precinct, whichever  is  appropriate.
34    In  addition  to  such precinct judges, the board of election
 
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 1    commissioners shall appoint special panels of 3 judges  each,
 2    who  shall  possess  the  same  qualifications  and  shall be
 3    appointed in the same  manner  and  with  the  same  division
 4    between  political parties as is provided for other judges of
 5    election. The number of such panels of judges required  shall
 6    be  determined by regulation of the State Board of Elections,
 7    which shall base the required number of special panels on the
 8    number of registered voters in the jurisdiction or the number
 9    of  absentee  ballots  voted  at  recent  elections  or   any
10    combination  of  such factors.  A municipal board of election
11    commissioners shall make the selections of persons  qualified
12    under  Section  14-1  from  certified  lists furnished by the
13    chairman of the respective county central committees of the 2
14    leading political parties.  Lists furnished  by  chairmen  of
15    county   central  committees  under  this  Section  shall  be
16    arranged according to precincts. The chairman of each  county
17    central  committee  shall,  insofar as possible, list persons
18    who reside within the precinct in which they are to serve  as
19    judges.  However,  he may, in his sole discretion, submit the
20    names of persons who reside outside the precinct  but  within
21    the county embracing the precinct in which they are to serve.
22    He must, however, submit the names of at least 2 residents of
23    the  precinct for each precinct in which his party is to have
24    3 judges and must submit the name of at least one resident of
25    the precinct for each precinct in which his party is to  have
26    2  judges. The board of election commissioners shall no later
27    than March 1 of each even-numbered year notify  the  chairmen
28    of   the   respective  county  central  committees  of  their
29    responsibility to furnish such lists, and each such  chairman
30    shall  furnish  the  board of election commissioners with the
31    list for his party on or before May 1 of  each  even-numbered
32    year.  The  board of election commissioners shall acknowledge
33    in writing to each county chairman the names of  all  persons
34    submitted  on  such  certified  list  and the total number of
 
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 1    persons listed thereon. If no such list is furnished or if no
 2    names or an insufficient number of names  are  furnished  for
 3    certain  precincts, the board of election commissioners shall
 4    make or complete such list from the names  contained  in  the
 5    supplemental  list  provided for in Section 14-3.2. Judges of
 6    election shall hold their  office  for  2  years  from  their
 7    appointment  and until their successors are duly appointed in
 8    the  manner  herein   provided.   The   board   of   election
 9    commissioners  shall,  subject  to  the provisions of Section
10    14-3.2, fill  all  vacancies  in  the  office  of  judges  of
11    election at any time in the manner herein provided.
12        Such  selections under this Section shall be confirmed by
13    the court as provided in Section 14-5.
14    (Source: P.A. 89-471, eff. 6-13-96.)