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093_SB0075sam001
LRB093 03372 JAM 12162 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 subcircuitsCook County for each judicial subcircuit in that
8 circuitCook 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 subcircuitsCook 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; and each ward committeeman shall have one vote for
10 each ballot voted in his ward or part of a ward, as the case
11 may be, in the judicial subcircuit by the primary electors of
12 his party at the primary election immediately preceding the
13 meeting of the judicial subcircuit committee.
14 Municipal Central Committee
15 (h) The municipal central committee of each political
16 party shall be composed of the precinct, township or ward
17 committeemen, as the case may be, of such party representing
18 the precincts or wards, embraced in such city, incorporated
19 town or village. The voting strength of each precinct,
20 township or ward committeeman on the municipal central
21 committee shall be the same as his voting strength on the
22 county central committee.
23 For political parties, other than a statewide political
24 party, established only within a municipality or township,
25 the municipal or township managing committee shall be
26 composed of the party officers of the local established
27 party. The party officers of a local established party shall
28 be as follows: the chairman and secretary of the caucus for
29 those municipalities and townships authorized by statute to
30 nominate candidates by caucus shall serve as party officers
31 for the purpose of filling vacancies in nomination under
32 Section 7-61; for municipalities and townships authorized by
33 statute or ordinance to nominate candidates by petition and
34 primary election, the party officers shall be the party's
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1 candidates who are nominated at the primary. If no party
2 primary was held because of the provisions of Section 7-5,
3 vacancies in nomination shall be filled by the party's
4 remaining candidates who shall serve as the party's officers.
5 Powers
6 (i) Each committee and its officers shall have the
7 powers usually exercised by such committees and by the
8 officers thereof, not inconsistent with the provisions of
9 this Article. The several committees herein provided for
10 shall not have power to delegate any of their powers, or
11 functions to any other person, officer or committee, but this
12 shall not be construed to prevent a committee from appointing
13 from its own membership proper and necessary subcommittees.
14 (j) The State central committee of a political party
15 which elects it members by Alternative B under paragraph (a)
16 of this Section shall adopt a plan to give effect to the
17 delegate selection rules of the national political party and
18 file a copy of such plan with the State Board of Elections
19 when approved by a national political party.
20 (k) For the purpose of the designation of a proxy by a
21 Congressional Committee to vote in place of an absent State
22 central committeeman or committeewoman at meetings of the
23 State central committee of a political party which elects its
24 members by Alternative B under paragraph (a) of this Section,
25 the proxy shall be appointed by the vote of the ward and
26 township committeemen, if any, of the wards and townships
27 which lie entirely or partially within the Congressional
28 District from which the absent State central committeeman or
29 committeewoman was elected and the vote of the chairmen of
30 the county central committees of those counties which lie
31 entirely or partially within that Congressional District and
32 in which there are no ward or township committeemen. When
33 voting for such proxy the county chairman, ward committeeman
34 or township committeeman, as the case may be shall have one
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1 vote for each ballot voted in his county, ward or township,
2 or portion thereof within the Congressional District, by the
3 primary electors of his party at the primary at which he was
4 elected. However, the absent State central committeeman or
5 committeewoman may designate a proxy when permitted by the
6 rules of a political party which elects its members by
7 Alternative B under paragraph (a) of this Section.
8 (Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)
9 Section 10. The Circuit Courts Act is amended by changing
10 Sections 1, 2, 2a, and 2b and by adding Sections 2f-1, 2f-2,
11 2f-3, 2f-4, and 2f-5 as follows:
12 (705 ILCS 35/1) (from Ch. 37, par. 72.1)
13 Sec. 1. Judicial circuits created. The county of Cook
14 shall be one judicial circuit and the State of Illinois,
15 exclusive of the county of Cook, shall be and is divided into
16 judicial circuits as follows:
17 First Circuit--The counties of Alexander, Pulaski,
18 Massac, Pope, Johnson, Union, Jackson, Williamson and Saline.
19 Second Circuit--The counties of Hardin, Gallatin, White,
20 Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson,
21 Richland, Lawrence and Crawford.
22 Third Circuit--The counties of Madison and Bond.
23 Fourth Circuit--The counties of Clinton, Marion, Clay,
24 Fayette, Effingham, Jasper, Montgomery, Shelby and Christian.
25 Fifth Circuit--The counties of Vermilion, Edgar, Clark,
26 Cumberland and Coles.
27 Sixth Circuit--The counties of Champaign, Douglas,
28 Moultrie, Macon, DeWitt and Piatt.
29 Seventh Circuit--The counties of Sangamon, Macoupin,
30 Morgan, Scott, Greene and Jersey.
31 Eighth Circuit--The counties of Adams, Schuyler, Mason,
32 Cass, Brown, Pike, Calhoun and Menard.
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1 Ninth Circuit--The counties of Knox, Warren, Henderson,
2 Hancock, McDonough and Fulton.
3 Tenth Circuit--The counties of Peoria, Marshall, Putnam,
4 Stark and Tazewell.
5 Eleventh Circuit--The counties of McLean, Livingston,
6 Logan, Ford and Woodford.
7 Twelfth Circuit--The county of Will.
8 Thirteenth Circuit--The counties of Bureau, LaSalle and
9 Grundy.
10 Fourteenth Circuit--The counties of Rock Island, Mercer,
11 Whiteside and Henry.
12 Fifteenth Circuit--The counties of JoDaviess, Stephenson,
13 Carroll, Ogle and Lee.
14 Sixteenth Circuit--The counties of Kane, DeKalb and
15 Kendall.
16 Seventeenth Circuit--The counties of Winnebago and Boone.
17 Eighteenth Circuit--The county of DuPage.
18 Nineteenth Circuit--Before December 4, 2006, the counties
19 of Lake and McHenry. On and after December 4, 2006, the
20 County of Lake.
21 Twentieth Circuit--The counties of Randolph, Monroe, St.
22 Clair, Washington and Perry.
23 Twenty-first Circuit--The counties of Iroquois and
24 Kankakee.
25 Twenty-second Circuit--On and after December 4, 2006, the
26 County of McHenry.
27 (Source: P.A. 84-1030.)
28 (705 ILCS 35/2) (from Ch. 37, par. 72.2)
29 Sec. 2. Circuit judges elected at large.
30 (a) Circuit judges shall be elected at the general
31 elections and for terms as provided in Article VI of the
32 Illinois Constitution. Ninety-four circuit judges shall be
33 elected in the Circuit of Cook County. Notwithstanding any
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1 other provision of this Act or any other law, (i) no circuit
2 judges shall be elected at large in the 12th, 18th, or 19th
3 judicial circuit beginning with the 2006 general election and
4 (ii) 3 circuit judges, including the judgeship authorized
5 under Section 2f-3, shall be elected at large in the 22nd
6 judicial circuit beginning with the 2006 general election.
7 (b) Threeand 3 circuit judges shall be elected in each
8 of the other circuits, but in circuits other than Cook County
9 containing a population of 230,000 or more inhabitants and in
10 which there is included a county containing a population of
11 200,000 or more inhabitants, or in circuits other than Cook
12 County containing a population of 270,000 or more
13 inhabitants, according to the last preceding federal census
14 and in the circuit where the seat of State government is
15 situated at the time fixed by law for the nomination of
16 judges of the Circuit Court in such circuit and in any
17 circuit which meets the requirements set out in Section 2a of
18 this Act, 4 circuit judges shall be elected in the manner
19 provided by law. In circuits other than Cook County in which
20 each county in the circuit has a population of 475,000 or
21 more, 4 circuit judges shall be elected in addition to the 4
22 circuit judges provided for in this Section. In any circuit
23 composed of 2 counties having a total population of 350,000
24 or more, one circuit judge shall be elected in addition to
25 the 4 circuit judges provided for in this Section. This
26 subsection (b) does not apply to the circuit of Cook County
27 or, on and after December 4, 2006, to the 12th, 18th, 19th,
28 and 22nd circuits.
29 (c) The several judges of the circuit courts of this
30 State, before entering upon the duties of their office, shall
31 take and subscribe the following oath or affirmation, which
32 shall be filed in the office of the Secretary of State:
33 "I do solemnly swear (or affirm, as the case may be) that
34 I will support the constitution of the United States, and the
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1 constitution of the State of Illinois, and that I will
2 faithfully discharge the duties of judge of.... court,
3 according to the best of my ability."
4 (d) One of the 3 additional circuit judgeships
5 authorized by this amendatory Act in circuits other than Cook
6 County in which each county in the circuit has a population
7 of 475,000 or more may be filled when this Act becomes law.
8 The 2 remaining circuit judgeships in such circuits shall not
9 be filled until on or after July 1, 1977.
10 (Source: P.A. 86-786; 86-1478.)
11 (705 ILCS 35/2a) (from Ch. 37, par. 72.2a)
12 Sec. 2a. Additional judges; State institutions. In any
13 circuit, other than Cook County and, on and after December 4,
14 2006, other than the 12th, 18th, 19th, and 22nd circuits, in
15 which is situated any State institution providing educational
16 or welfare facilities for more than 25,000 persons, 4 circuit
17 judges shall be elected unless that circuit is entitled to a
18 greater number under Section 2.
19 (Source: P. A. 76-2067.)
20 (705 ILCS 35/2b) (from Ch. 37, par. 72.2b)
21 Sec. 2b. Additional judges; universities and other State
22 facilities. In addition to the number of circuit judges
23 authorized under Section 2 or Section 2a, whichever number is
24 greater, one additional circuit judge shall be elected in
25 each circuit, other than Cook County and, on and after
26 December 4, 2006, other than the 12th, 18th, 19th, and 22nd
27 circuits, having a population of 230,000 or more inhabitants
28 in which there is included a county containing a population
29 of 200,000 or more inhabitants and in which circuit there is
30 situated one or more State colleges or universities and one
31 or more State Mental Health Institutions and two or more
32 State Institutions for Juvenile Offenders under the authority
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1 of the Illinois Department of Corrections, each of which
2 institutions has been in existence for more than 20 years on
3 the effective date of this amendatory Act of 1970.
4 (Source: P. A. 76-2022.)
5 (705 ILCS 35/2f-1 new)
6 Sec. 2f-1. 19th and 22nd judicial circuits.
7 (a) On December 4, 2006, the 19th judicial circuit is
8 divided into the 19th and 22nd judicial circuits as provided
9 in Section 1 of the Circuit Courts Act. This division does
10 not invalidate any action taken by the 19th judicial circuit
11 or any of its judges, officers, employees, or agents before
12 December 4, 2006. This division does not affect any person's
13 rights, obligations, or duties, including applicable civil
14 and criminal penalties, arising out of any action taken by
15 the 19th judicial circuit or any of its judges, officers,
16 employees, or agents before December 4, 2006.
17 (b) Of the 7 circuit judgeships elected at large in the
18 19th circuit before the general election in 2006, the Supreme
19 Court shall assign 5 to the 19th circuit and 2 to the 22nd
20 circuit, based on residency of the circuit judges then
21 holding those judgeships. The 5 assigned to the 19th circuit
22 shall become resident judges as provided in Section 2f-2. The
23 2 assigned to the 22nd circuit shall continue to be elected
24 at large.
25 (c) The 6 resident judgeships elected from Lake County
26 before the general election in 2006 shall become resident
27 judgeships in the 19th circuit on December 4, 2006, and the 3
28 resident judgeships elected from McHenry County before the
29 general election in 2006 shall become resident judgeships in
30 the 22nd circuit on December 4, 2006.
31 (d) On December 4, 2006, the Supreme Court shall
32 allocate the associate judgeships of the 19th circuit before
33 that date between the 19th and 22nd circuits based on the
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1 population of those circuits.
2 (e) On December 4, 2006, the Supreme Court shall
3 allocate personnel, books, records, documents, property (real
4 and personal), funds, assets, liabilities, and pending
5 matters concerning the 19th circuit before that date between
6 the 19th and 22nd circuits based on the population and
7 staffing needs of those circuits and the efficient and proper
8 administration of the judicial system. The rights of
9 employees under applicable collective bargaining agreements
10 are not affected by this amendatory Act of the 93rd General
11 Assembly.
12 (f) The judgeships set forth in this Section include the
13 judgeships authorized under Sections 2g, 2h, and 2j. The
14 judgeships authorized in those Sections are not in addition
15 to those set forth in this Section.
16 (705 ILCS 35/2f-2 new)
17 Sec. 2f-2. 19th judicial circuit; subcircuits;
18 additional judges.
19 (a) The 19th circuit shall be divided into 4
20 subcircuits. The subcircuits shall be compact, contiguous,
21 and substantially equal in population. The General Assembly
22 shall create the subcircuits by law on or before January 1,
23 2005, using population data as determined by the 2000 federal
24 census.
25 (b) The 19th circuit shall have 5 additional resident
26 judgeships, the 5 at large circuit judgeships shall become
27 resident judgeships, which together with 6 other resident
28 judgeships will total 16 resident judgeships. The 5
29 additional resident judgeships created by this amendatory Act
30 of the 93rd General Assembly shall each be filled by election
31 beginning at the general election in 2006. The 5 additional
32 resident judgeships created by this amendatory Act of the
33 93rd General Assembly shall not be filled by appointment
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1 before the 2006 general election.
2 (c) The Supreme Court shall allot (i) the additional 5
3 resident judgeships created by this amendatory Act of the
4 93rd General Assembly, (ii) all vacancies in resident and
5 circuit at large judgeships existing on or occurring on or
6 after the effective date of this amendatory Act of the 93rd
7 General Assembly and not filled at the 2004 general election,
8 with respect to the other resident and the circuit at large
9 judgeships of the nineteenth circuit, and (iii) the resident
10 and circuit at large judgeships of the nineteenth circuit
11 filled at the 2004 general election as those judgeships
12 thereafter become vacant, for election from the various
13 subcircuits until there are 4 resident judges to be elected
14 from each of 4 subcircuits.
15 (d) As soon as possible after the subcircuits are
16 created by law, the Supreme Court shall determine by lot a
17 numerical order for the 4 subcircuits. That numerical order
18 shall be the basis for the order in which resident judgeships
19 are assigned to the subcircuits. After the first round of
20 assignments, the second and all later rounds shall be based
21 on the same numerical order. Once a resident judgeship is
22 assigned to a subcircuit, it shall continue to be assigned to
23 that subcircuit for all purposes.
24 (e) A resident judge of a subcircuit must reside in the
25 subcircuit and must continue to reside in that subcircuit as
26 long as he or she holds that office.
27 (f) Vacancies in resident judgeships of the 19th circuit
28 shall be filled in the manner provided in Article VI of the
29 Illinois Constitution.
30 (705 ILCS 35/2f-3 new)
31 Sec. 2f-3. Additional circuit judge; 22nd judicial
32 circuit.
33 (a) In addition to the number of circuit judges
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1 otherwise authorized by this Act, there shall be one
2 additional judge in the 22nd circuit who shall be a resident
3 of and elected from the circuit at large.
4 (b) The additional judgeship created by this Section
5 shall be filled beginning with the 2006 general election and
6 shall not be filled by appointment before then.
7 (705 ILCS 35/2f-4 new)
8 Sec. 2f-4. 12th circuit; subcircuits; additional judges.
9 (a) The 12th circuit shall be divided into 5
10 subcircuits. The subcircuits shall be compact, contiguous,
11 and substantially equal in population. The General Assembly
12 shall create the subcircuits by law on or before January 1,
13 2005, using population data as determined by the 2000 federal
14 census.
15 (a-5) The 12th circuit's 4 at large circuit judgeships
16 shall be allotted as 12th circuit resident judgeships under
17 subsection (c) as each at large judgeship becomes vacant on
18 or after the effective date of this amendatory Act of the
19 93rd General Assembly or upon the conclusion of the term of
20 an at large judge elected before the 2006 general election.
21 (b) The 12th circuit shall have 4 additional resident
22 judgeships, as well as its 2 existing resident judgeships and
23 4 former at large judgeships, for a total of 10 resident
24 judgeships. The 4 additional resident judgeships created by
25 this amendatory Act of the 93rd General Assembly shall each
26 be filled by election beginning at the general election in
27 2006. The 4 additional resident judgeships created by this
28 amendatory Act of the 93rd General Assembly shall not be
29 filled by appointment before the 2006 general election.
30 (c) The Supreme Court shall allot (i) the additional 4
31 resident judgeships created by this amendatory Act of the
32 93rd General Assembly, (ii) all vacancies in resident
33 judgeships existing on or occurring on or after the effective
-21- LRB093 03372 JAM 12162 a
1 date of this amendatory Act of the 93rd General Assembly and
2 not filled at the 2004 general election, with respect to the
3 other resident judgeships of the 12th circuit, (iii) the
4 resident judgeships of the 12th circuit filled at the 2004
5 general election as those judgeships thereafter become
6 vacant, and (iv) the at large judgeships of the 12th circuit
7 as they become resident judgeships in accordance with
8 subsection (a-5), for election from the various subcircuits
9 until there are 2 resident judges to be elected from each of
10 the 5 subcircuits.
11 (d) As soon as possible after the subcircuits are
12 created by law, the Supreme Court shall determine by lot a
13 numerical order for the 5 subcircuits. That numerical order
14 shall be the basis for the order in which resident judgeships
15 are assigned to the subcircuits. After the first round of
16 assignments, the second round shall be based on the same
17 numerical order. Once a resident judgeship is assigned to a
18 subcircuit, it shall continue to be assigned to that
19 subcircuit for all purposes.
20 (e) A resident judge of a subcircuit must reside in the
21 subcircuit and must continue to reside in that subcircuit as
22 long as he or she holds that office.
23 (f) Vacancies in resident judgeships of the 12th circuit
24 shall be filled in the manner provided in Article VI of the
25 Illinois Constitution.
26 (705 ILCS 35/2f-5 new)
27 Sec. 2f-5. 18th circuit; subcircuits; additional judges.
28 (a) The 18th circuit shall be divided into 6
29 subcircuits. The subcircuits shall be compact, contiguous,
30 and substantially equal in population. The General Assembly
31 shall create the subcircuits by law on or before January 1,
32 2005, using population data as determined by the 2000 federal
33 census.
-22- LRB093 03372 JAM 12162 a
1 (a-5) The 18th circuit's 12 at large circuit judgeships
2 shall be allotted as 18th circuit resident judgeships under
3 subsection (c) as each at large judgeship becomes vacant
4 after the effective date of this amendatory Act of the 93rd
5 General Assembly or upon the conclusion of the term of an at
6 large judge elected before the 2006 general election.
7 (b) The 18th circuit shall have 4 additional resident
8 judgeships, as well as its 2 existing resident judgeships and
9 12 former at large judgeships, for a total of 18 resident
10 judgeships. The 4 additional resident judgeships created by
11 this amendatory Act of the 93rd General Assembly shall each
12 be filled by election beginning at the general election in
13 2006. The 4 additional resident judgeships created by this
14 amendatory Act of the 93rd General Assembly shall not be
15 filled by appointment before the 2006 general election.
16 (c) The Supreme Court shall allot (i) the additional 4
17 resident judgeships created by this amendatory Act of the
18 93rd General Assembly, (ii) all vacancies in resident
19 judgeships existing on or occurring on or after the effective
20 date of this amendatory Act of the 93rd General Assembly and
21 not filled at the 2004 general election, with respect to the
22 other resident judgeships of the 18th circuit, (iii) the
23 resident judgeships of the 18th circuit filled at the 2004
24 general election as those judgeships thereafter become
25 vacant, and (iv) all at large judgeships of the 18th circuit
26 as they become resident judgeships in accordance with
27 subsection (a-5), for election from the various subcircuits
28 until there are 3 resident judges to be elected from each of
29 6 subcircuits.
30 (d) As soon as possible after the subcircuits are
31 created by law, the Supreme Court shall determine by lot a
32 numerical order for the 6 subcircuits. That numerical order
33 shall be the basis for the order in which resident judgeships
34 are assigned to the subcircuits. After the first round of
-23- LRB093 03372 JAM 12162 a
1 assignments, the second and third rounds shall be based on
2 the same numerical order. Once a resident judgeship is
3 assigned to a subcircuit, it shall continue to be assigned to
4 that subcircuit for all purposes.
5 (e) A resident judge of a subcircuit must reside in the
6 subcircuit and must continue to reside in that subcircuit as
7 long as he or she holds that office.
8 (f) Vacancies in resident judgeships of the 18th circuit
9 shall be filled in the manner provided in Article VI of the
10 Illinois Constitution.
11 Section 15. The Judicial Vacancies Act is amended by
12 changing Section 2 as follows:
13 (705 ILCS 40/2) (from Ch. 37, par. 72.42)
14 Sec. 2. (a) Except as provided in paragraphs (1), (2),
15 (3),and (4), and (5) of this subsection (a), vacancies in
16 the office of a resident circuit judge in any county or in
17 any unit or subcircuit of any circuit shall not be filled.
18 (1) If in any county of less than 45,000
19 inhabitants there remains in office no other resident
20 judge following the occurrence of a vacancy, such vacancy
21 shall be filled.
22 (2) If in any county of 45,000 or more but less
23 than 60,000 inhabitants there remains in office only one
24 resident judge following the occurrence of a vacancy,
25 such vacancy shall be filled.
26 (3) If in any county of 60,000 or more inhabitants,
27 other than the County of Cook or as provided in paragraph
28 (5), there remain in office no more than 2 resident
29 judges following the occurrence of a vacancy, such
30 vacancy shall be filled.
31 (4) The County of Cook shall have 165 resident
32 judges on and after the effective date of this amendatory
-24- LRB093 03372 JAM 12162 a
1 Act of 1990. Of those resident judgeships, (i) 56 shall
2 be those authorized before the effective date of this
3 amendatory Act of 1990 from the unit of the Circuit of
4 Cook County within Chicago, (ii) 27 shall be those
5 authorized before the effective date of this amendatory
6 Act of 1990 from the unit of the Circuit of Cook County
7 outside Chicago, (iii) 12 shall be additional resident
8 judgeships first elected at the general election in
9 November of 1992, (iv) 10 shall be additional resident
10 judgeships first elected at the general election in
11 November of 1994, and (v) 60 shall be additional resident
12 judgeships to be authorized one each for each reduction
13 upon vacancy in the office of associate judge in the
14 Circuit of Cook County as those vacancies exist or occur
15 on and after the effective date of this amendatory Act of
16 1990 and as those vacancies are determined under
17 subsection (b) of Section 2 of the Associate Judges Act
18 until the total resident judgeships authorized under this
19 item (v) is 60. Seven of the 12 additional resident
20 judgeships provided in item (iii) may be filled by
21 appointment by the Supreme Court during the period
22 beginning on the effective date of this amendatory Act of
23 1990 and ending 60 days before the primary election in
24 March of 1992; those judicial appointees shall serve
25 until the first Monday in December of 1992. Five of the
26 12 additional resident judgeships provided in item (iii)
27 may be filled by appointment by the Supreme Court during
28 the period beginning July 1, 1991 and ending 60 days
29 before the primary election in March of 1992; those
30 judicial appointees shall serve until the first Monday in
31 December of 1992. Five of the 10 additional resident
32 judgeships provided in item (iv) may be filled by
33 appointment by the Supreme Court during the period
34 beginning July 1, 1992 and ending 60 days before the
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1 primary election in March of 1994; those judicial
2 appointees shall serve until the first Monday in December
3 of 1994. The remaining 5 of the 10 additional resident
4 judgeships provided in item (iv) may be filled by
5 appointment by the Supreme Court during the period
6 beginning July 1, 1993 and ending 60 days before the
7 primary election in March of 1994; those judicial
8 appointees shall serve until the first Monday in December
9 1994. The additional resident judgeships created upon
10 vacancy in the office of associate judge provided in item
11 (v) may be filled by appointment by the Supreme Court
12 beginning on the effective date of this amendatory Act of
13 1990; but no additional resident judgeships created upon
14 vacancy in the office of associate judge provided in item
15 (v) shall be filled during the 59 day period before the
16 next primary election to nominate judges. The Circuit of
17 Cook County shall be divided into units to be known as
18 subcircuits as provided in Section 2f of the Circuit
19 Courts Act. A vacancy in the office of resident judge of
20 the Circuit of Cook County existing on or occurring on or
21 after the effective date of this amendatory Act of 1990,
22 but before the date the subcircuits are created by law,
23 shall be filled by appointment by the Supreme Court from
24 the unit within Chicago or the unit outside Chicago, as
25 the case may be, in which the vacancy occurs and filled
26 by election from the subcircuit to which it is allotted
27 under Section 2f of the Circuit Courts Act. A vacancy in
28 the office of resident judge of the Circuit of Cook
29 County existing on or occurring on or after the date the
30 subcircuits are created by law shall be filled by
31 appointment by the Supreme Court and by election from the
32 subcircuit to which it is allotted under Section 2f of
33 the Circuit Courts Act.
34 (5) Resident judges in the 12th, 18th, 19th, and
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1 22nd judicial circuits are as provided in Sections 2,
2 2f-1, 2f-2, 2f-3, 2f-4, and 2f-5 of the Circuit Courts
3 Act.
4 (b) Nothing in paragraphs (2) or (3) of subsection (a)
5 of this Section shall be construed to require or permit in
6 any county a greater number of resident judges than there
7 were resident associate judges on January 1, 1967.
8 (c) Vacancies authorized to be filled by this Section 2
9 shall be filled in the manner provided in Article VI of the
10 Constitution.
11 (d) A person appointed to fill a vacancy in the office
12 of circuit judge shall be, at the time of appointment, a
13 resident of the subcircuit from which the person whose
14 vacancy is being filled was elected if the vacancy occurred
15 in a circuit divided into subcircuitsCook County. If a
16 vacancy in the office of circuit judge occurred in a circuit
17 not divided into subcircuitsother than Cook County, a person
18 appointed to fill the vacancy shall be, at the time of
19 appointment, a resident of the circuit from which the person
20 whose vacancy is being filled was elected. Except as
21 provided in Sections 2, 2f-1, 2f-2, 2f-3, 2f-4, and 2f-5 of
22 the Circuit Courts Act, if a vacancy occurred in the office
23 of a resident circuit judge, a person appointed to fill the
24 vacancy shall be, at the time of appointment, a resident of
25 the county from which the person whose vacancy is being
26 filled was elected.
27 (Source: P.A. 90-342, eff. 8-8-97.)
28 Section 20. The Associate Judges Act is amended by
29 changing Section 2 as follows:
30 (705 ILCS 45/2) (from Ch. 37, par. 160.2)
31 Sec. 2. (a) The maximum number of associate judges
32 authorized for each circuit is the greater of the applicable
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1 minimum number specified in this Section or one for each
2 35,000 or fraction thereof in population as determined by the
3 last preceding Federal census, except for circuits with a
4 population of more than 3,000,000 where the maximum number of
5 associate judges is one for each 29,000 or fraction thereof
6 in population as determined by the last preceding federal
7 census, reduced in circuits of less than 200,000 inhabitants
8 by the number of resident circuit judges elected in the
9 circuit in excess of one per county. In addition, in
10 circuits of 1,000,000 or more inhabitants, there shall be one
11 additional associate judge authorized for each municipal
12 district of the circuit court. The number of associate judges
13 to be appointed in each circuit, not to exceed the maximum
14 authorized, shall be determined from time to time by the
15 Circuit Court. The minimum number of associate judges
16 authorized for any circuit consisting of a single county
17 shall be 14, except that the minimum in the 22nd circuit
18 shall be 8. The minimum number of associate judges
19 authorized for any circuit consisting of 2 counties with a
20 combined population of at least 275,000 but less than 300,000
21 shall be 10. The minimum number of associate judges
22 authorized for any circuit with a population of at least
23 303,000 but not more than 309,000 shall be 10. The minimum
24 number of associate judges authorized for any circuit with a
25 population of at least 329,000, but not more than 335,000
26 shall be 11. The minimum number of associate judges
27 authorized for any circuit with a population of at least
28 173,000 shall be 5. As used in this Section, the term
29 "resident circuit judge" has the meaning given it in the
30 Judicial Vacancies Act.
31 (b) The maximum number of associate judges authorized
32 under subsection (a) for a circuit with a population of more
33 than 3,000,000 shall be reduced as provided in this
34 subsection (b). For each vacancy that exists on or occurs on
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1 or after the effective date of this amendatory Act of 1990,
2 that maximum number shall be reduced by one until the total
3 number of associate judges authorized under subsection (a) is
4 reduced by 60. A vacancy exists or occurs when an associate
5 judge dies, resigns, retires, is removed, or is not
6 reappointed upon expiration of his or her term; a vacancy
7 does not exist or occur at the expiration of a term if the
8 associate judge 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.".
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