Full Text of SB1838 97th General Assembly
SB1838sam001 97TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 10/25/2011
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| 1 | | AMENDMENT TO SENATE BILL 1838
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1838 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 6A-1, 6A-2, 6A-4, and 6A-5 and by adding Section | 6 | | 6-19.5 as follows: | 7 | | (10 ILCS 5/6-19.5 new) | 8 | | Sec. 6-19.5. Rejection of Article by superseding county | 9 | | board of election commissioners. In addition to any other | 10 | | method of rejection provided in this Article, when a county | 11 | | board of election commissioners is established in accordance | 12 | | with subsection (b) of Section 6A-1 in a county in which is | 13 | | located any portion of a municipality with a municipal board of | 14 | | election commissioners, the application of the provisions of | 15 | | this Article to the territory of that municipality located | 16 | | within that county is rejected.
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| 1 | | (10 ILCS 5/6A-1) (from Ch. 46, par. 6A-1)
| 2 | | Sec. 6A-1. Adoption of Article. | 3 | | (a) Any county in which there is no city, village or | 4 | | incorporated town
with a board of election commissioners may | 5 | | establish a county board of
election commissioners either (1) | 6 | | by ordinance of the county board or
(2) by vote of the electors | 7 | | of the county in accordance with subsection (a) of Section
| 8 | | 6A-2.
| 9 | | The fact that some territory in a county is within the | 10 | | corporate
limits of a city, village or incorporated town with a | 11 | | board of election
commissioners does not prevent that county | 12 | | from establishing a county
board of election commissioners in | 13 | | accordance with this Article if no
portion of such city, | 14 | | village or incorporated town was within the county
at the time | 15 | | of the establishment of the board of election commissioners
for | 16 | | such city, village or incorporated town. If such a county
| 17 | | establishes a county board of election commissioners pursuant | 18 | | to this
Article, the county board of election commissioners | 19 | | shall, with respect
to the territory in the county within the | 20 | | corporate limits of the city,
village or incorporated town, | 21 | | supersede the board of election
commissioners of that city, | 22 | | village or incorporated town.
| 23 | | (b) Any county with a population of less than 200,000 but | 24 | | more than 175,000 persons as of the 2010 federal census in | 25 | | which a city, village, or incorporated town with a board of |
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| 1 | | election commissioners is located may establish a county board | 2 | | of election commissioners by vote of the electors of the county | 3 | | in accordance with subsection (b) of Section 6A-2. If such a | 4 | | county establishes a county board of election commissioners, | 5 | | the county board of election commissioners, with respect to the | 6 | | territory in the county within the corporate limits of the | 7 | | city, village, or incorporated town, shall supersede the board | 8 | | of election commissioners of that city, village, or | 9 | | incorporated town. | 10 | | (Source: P.A. 81-1433.)
| 11 | | (10 ILCS 5/6A-2) (from Ch. 46, par. 6A-2)
| 12 | | Sec. 6A-2. Submission to voters. | 13 | | (a) Whenever registered voters in a the county described in | 14 | | subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8
| 15 | | of the number voting at the last preceding general election in | 16 | | the county,
whichever is less, petition the circuit court to | 17 | | submit to the electors of
the county a proposition to establish | 18 | | a county board of election
commissioners, the circuit court | 19 | | shall cause such proposition to be
submitted to the electors of | 20 | | the county at the next succeeding general
election. | 21 | | (b) After approval and certification by the county board of | 22 | | a county described in subsection (b) of Section 6A-2, the | 23 | | proposition to establish a county board of election | 24 | | commissioners shall be submitted to the electors of that county | 25 | | at the next possible general election. |
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| 1 | | (c) The proposition shall be submitted in the same manner | 2 | | as provided
in Article 6 for the adoption of Articles 6, 14 and | 3 | | 18 by cities, villages
and incorporated towns, except that the | 4 | | question shall be stated: "Shall a
board of election | 5 | | commissioners be established for .... County?"
| 6 | | (Source: P.A. 78-465.)
| 7 | | (10 ILCS 5/6A-4) (from Ch. 46, par. 6A-4)
| 8 | | Sec. 6A-4. Transfer of records. Upon the opening of the | 9 | | office of the county board of election
commissioners, the | 10 | | county clerk and any municipal board of election commissioners | 11 | | in the county shall turn over to such county board all registry
| 12 | | books, registration record cards, poll books, tally sheets and | 13 | | ballot boxes
and all other books, forms, blanks and stationery | 14 | | of every description in
the clerk's or municipal board's | 15 | | possession his hands in any way relating to elections or the | 16 | | holding of elections in
the county and any unused | 17 | | appropriations related to elections or the holding of elections | 18 | | in the county . Thereupon, all functions, powers and duties of | 19 | | the county clerk ,
or the county board , or the municipal board | 20 | | relating to elections in that county are transferred to the | 21 | | county
board of election commissioners.
| 22 | | (Source: P.A. 78-465.)
| 23 | | (10 ILCS 5/6A-5) (from Ch. 46, par. 6A-5)
| 24 | | Sec. 6A-5.
The provisions of Articles 6, 14 and 18 of this |
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| 1 | | Act relating to
boards of election commissioners in cities, | 2 | | villages and incorporated
towns shall, insofar as they can be | 3 | | made applicable, apply to and govern
county boards of election | 4 | | commissioners established pursuant to this
Article. For a | 5 | | county described in subsection (b) of Section 6A-2, the board | 6 | | of election commissioners shall be composed of 5 members | 7 | | appointed by the circuit court of the county, at least 2 | 8 | | members shall reside in the municipality that had a board of | 9 | | election commissioners superseded by subsection (b) of Section | 10 | | 6A-2 and shall be selected from the 2 leading political parties | 11 | | of the State, one from each of those parties, and at least 2 | 12 | | members shall reside outside of such municipality but within | 13 | | the county and shall be selected from the 2 leading political | 14 | | parties of the State, one from each of those parties. A deputy | 15 | | registrar serving as such by virtue of his status as a
| 16 | | municipal clerk, or a duly authorized deputy of a municipal | 17 | | clerk, of a
municipality the territory of which lies in more | 18 | | than one county, where one
such county is governed by a county | 19 | | board of election commissioners
established pursuant to this | 20 | | Article, may accept the registration of any
qualified resident | 21 | | of the municipality, regardless of which county the
resident, | 22 | | municipal clerk or the duly authorized deputy of the municipal
| 23 | | clerk lives in. The annual budget for a county board of | 24 | | election commissioners shall be determined by the county board | 25 | | of that county. However, the
county board, in fixing the | 26 | | compensation of the members of the county
board of election |
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| 1 | | commissioners and of the executive director and assistant
| 2 | | executive director, is not subject to the limitations of | 3 | | Section 6-70 and may
provide for either an annual salary or a | 4 | | per diem compensation.
| 5 | | (Source: P.A. 85-958.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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