Full Text of HB3815 98th General Assembly
HB3815ham001 98TH GENERAL ASSEMBLY | Rep. Luis Arroyo Filed: 5/22/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3815
| 2 | | AMENDMENT NO. ______. Amend House Bill 3815 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 6-2, 6-19.5, 6A-1, 6A-2, 6A-3, and 6A-7 as follows:
| 6 | | (10 ILCS 5/6-2) (from Ch. 46, par. 6-2)
| 7 | | Sec. 6-2.
The electors of any city with a population of | 8 | | less than 1,000,000 people now existing in this state may
adopt | 9 | | and become entitled to the benefits of this Article 6 and | 10 | | Articles
14 and 18 of this Act in the manner following:
| 11 | | Whenever one thousand of the legal voters of such city | 12 | | voting at the last
preceding election shall petition the | 13 | | circuit court of the county in which
such city is located, to | 14 | | submit to a vote of the electors of such city the
proposition | 15 | | as to whether such city and the electors thereof shall adopt
| 16 | | and become entitled to the benefits of this Article, and said |
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| 1 | | Articles 14
and 18 of this Act, it shall be the duty of such | 2 | | circuit court to order
such proposition to be submitted | 3 | | accordingly at the next succeeding general
or regularly | 4 | | scheduled municipal election; and if such proposition is not
| 5 | | adopted at such election, the same shall in like manner be | 6 | | submitted to
a vote of the electors of such city by said | 7 | | circuit court upon a like application
at any general
or | 8 | | regularly scheduled municipal election thereafter. If one | 9 | | thousand shall
exceed one-eighth of the legal voters of any | 10 | | such city voting at the last
preceding general or consolidated
| 11 | | election, then such application need not be signed or made by | 12 | | more than
one-eighth of the legal voters of such city voting at | 13 | | the last preceding
general or consolidated election. Such | 14 | | petition shall be subject to the
applicable provisions of | 15 | | Article 28 of this Code.
| 16 | | (Source: P.A. 80-1469.)
| 17 | | (10 ILCS 5/6-19.5) | 18 | | Sec. 6-19.5. Rejection of Article by superseding county | 19 | | board of election commissioners. In addition to any other | 20 | | method of rejection provided in this Article, when a county | 21 | | board of election commissioners is established in accordance | 22 | | with subsection (c) of Section 6A-1 in a county in which is | 23 | | located any portion of a municipality with a municipal board of | 24 | | election commissioners, and in the case of all counties with a | 25 | | population of more than 2,000,000 persons, the application of |
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| 1 | | the provisions of this Article to the territory of that | 2 | | municipality located within that county is rejected.
| 3 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 4 | | (10 ILCS 5/6A-1) (from Ch. 46, par. 6A-1)
| 5 | | Sec. 6A-1.
(a) Any county in which there is no city, | 6 | | village or incorporated town
with a board of election | 7 | | commissioners may establish a county board of
election | 8 | | commissioners either (1) by ordinance of the county board or
| 9 | | (2) by vote of the electors of the county in accordance with | 10 | | subsection (a) of Section
6A-2.
| 11 | | The fact that some territory in a county is within the | 12 | | corporate
limits of a city, village or incorporated town with a | 13 | | board of election
commissioners does not prevent that county | 14 | | from establishing a county
board of election commissioners in | 15 | | accordance with this Article if no
portion of such city, | 16 | | village or incorporated town was within the county
at the time | 17 | | of the establishment of the board of election commissioners
for | 18 | | such city, village or incorporated town. If such a county
| 19 | | establishes a county board of election commissioners pursuant | 20 | | to this
Article, the county board of election commissioners | 21 | | shall, with respect
to the territory in the county within the | 22 | | corporate limits of the city,
village or incorporated town, | 23 | | supersede the board of election
commissioners of that city, | 24 | | village or incorporated town.
| 25 | | (b) Any county with a population of more than 700,000 |
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| 1 | | persons as of the 2010 federal decennial census that borders | 2 | | another state and borders no more than 2 other Illinois | 3 | | counties, shall be subject to a county board of election | 4 | | commissioners beginning 90 days after the effective date of | 5 | | this amendatory Act of the 98th General Assembly. | 6 | | (c) Any county with a population of less than 200,000 but | 7 | | more than 175,000 persons as of the 2010 federal decennial | 8 | | census in which a city, village, or incorporated town with a | 9 | | board of election commissioners is located may establish a | 10 | | county board of election commissioners by vote of the electors | 11 | | of the county in accordance with subsection (b) of Section | 12 | | 6A-2. If such a county establishes a county board of election | 13 | | commissioners, the county board of election commissioners, | 14 | | with respect to the territory in the county within the | 15 | | corporate limits of the city, village, or incorporated town, | 16 | | shall supersede the board of election commissioners of that | 17 | | city, village, or incorporated town. | 18 | | (d) Notwithstanding any other provision of law, on and | 19 | | after June 1, 2016, each county with a population of more than | 20 | | 2,000,000 persons shall be subject to a county board of | 21 | | election commissioners. Each such county board of election | 22 | | commissioners shall supersede the board of elections | 23 | | commissioners of any city, village, or incorporated town | 24 | | located in that county. | 25 | | (Source: P.A. 98-115, eff. 7-29-13.)
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| 1 | | (10 ILCS 5/6A-2) (from Ch. 46, par. 6A-2)
| 2 | | Sec. 6A-2. Submission to voters. | 3 | | (a) Whenever registered voters in a county described in | 4 | | subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8
| 5 | | of the number voting at the last preceding general election in | 6 | | the county,
whichever is less, petition the circuit court to | 7 | | submit to the electors of
the county a proposition to establish | 8 | | a county board of election
commissioners, the circuit court | 9 | | shall cause such proposition to be
submitted to the electors of | 10 | | the county at the next succeeding general
election. | 11 | | (b) If the county board of a county described in subsection | 12 | | (c) of Section 6A-1 passes an ordinance or resolution | 13 | | establishing a county board of election commissioners, then the | 14 | | proposition to establish a county board of election | 15 | | commissioners shall be submitted to the electors of that county | 16 | | at the next possible general election. The board shall certify | 17 | | the ordinance or resolution and the proposition to the proper | 18 | | election officials who shall submit the proposition at the next | 19 | | general election in accordance with the general election law. | 20 | | (c) The proposition shall be submitted in the same manner | 21 | | as provided
in Article 6 for the adoption of Articles 6, 14 and | 22 | | 18 by cities, villages
and incorporated towns, except that the | 23 | | question shall be stated: "Shall a
board of election | 24 | | commissioners be established for .... County?"
| 25 | | (d) Notwithstanding any other provision of law, on and | 26 | | after June 1, 2016, any county with a population of more than |
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| 1 | | 2,000,000 persons shall be subject to a county board of | 2 | | election commissioners. | 3 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 4 | | (10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
| 5 | | Sec. 6A-3. Commissioners; filling vacancies. | 6 | | (a) If the county board adopts an ordinance providing for | 7 | | the
establishment of a county board of election commissioners, | 8 | | or if a
majority of the votes cast on a proposition submitted | 9 | | in accordance with
Section 6A-2(a) are in favor of a county | 10 | | board of election commissioners, or in the case of a county | 11 | | board of election commissioners established pursuant to | 12 | | subsection (d) of Section 6A-1, a
county board of election | 13 | | commissioners shall be appointed in the same
manner as is | 14 | | provided in Article 6 for boards of election commissioners
in | 15 | | cities, villages and incorporated towns, except that the county | 16 | | board of
election commissioners shall be appointed by the | 17 | | chairman of the county board
rather than the circuit court. | 18 | | However, except in the case of a county board of election | 19 | | commissioners established pursuant to subsection (d) of | 20 | | Section 6A-1, before any
appointments are made, the appointing | 21 | | authority shall ascertain whether
the county clerk desires to | 22 | | be a member of the county board of election
commissioners. If | 23 | | the county clerk so
desires, he shall be one of the
members of | 24 | | the county board of election commissioners, and the
appointing | 25 | | authority shall appoint only 2 other members.
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| 1 | | (b) For any county board of election commissioners | 2 | | established under subsection (b) of Section 6A-1, within 30 | 3 | | days after the effective date of this amendatory Act of the | 4 | | 98th General Assembly, the chief judge of the circuit court of | 5 | | the county shall appoint 5 commissioners. At least 4 of those | 6 | | commissioners shall be selected from the 2 major established | 7 | | political parties of the State, with at least 2 from each of | 8 | | those parties. Such appointment shall be entered of record in | 9 | | the office of the County Clerk and the State Board of | 10 | | Elections. Those first appointed shall hold their offices for | 11 | | the period of one, 2, and 3 years respectively, and the judge | 12 | | appointing them shall designate the term for which each | 13 | | commissioner shall hold his or her office, whether for one, 2 | 14 | | or 3 years except that no more than one commissioner from each | 15 | | major established political party may be designated the same | 16 | | term. After the initial term, each commissioner or his or her | 17 | | successor shall be appointed to a 3 year term. No elected | 18 | | official or former elected official who has been out of elected | 19 | | office for less than 2 years may be appointed to the board. | 20 | | Vacancies shall be filled by the chief judge of the circuit | 21 | | court within 30 days of the vacancy in a manner that maintains | 22 | | the foregoing political party representation. | 23 | | (c) For any county board of election commissioners | 24 | | established under subsection (c) of Section 6A-1, within 30 | 25 | | days after the conclusion of the election at which the | 26 | | proposition to establish a county board of election |
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| 1 | | commissioners is approved by the voters, the municipal board | 2 | | shall apply to the circuit court of the county for the chief | 3 | | judge of the circuit court to appoint 2 additional | 4 | | commissioners, one of whom shall be from each major established | 5 | | political party and neither of whom shall reside within the | 6 | | limits of the municipal board, so that 3 commissioners shall | 7 | | reside within the limits of the municipal board and 2 shall | 8 | | reside within the county but not within the municipality, as it | 9 | | may exist from time to time. Not more than 3 of the | 10 | | commissioners shall be members of the same major established | 11 | | political party. Vacancies shall be filled by the chief judge | 12 | | of the circuit court upon application of the remaining | 13 | | commissioners in a manner that maintains the foregoing | 14 | | geographical and political party representation. | 15 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 16 | | (10 ILCS 5/6A-7) (from Ch. 46, par. 6A-7)
| 17 | | Sec. 6A-7.
Any county with a population of less than | 18 | | 2,000,000 persons which has established a board of election
| 19 | | commissioners may subsequently vote to abandon such board in | 20 | | the same
manner as provided in Article 6 for cities, villages | 21 | | and incorporated
towns, except that the petition to the circuit | 22 | | court to submit to the
vote of the electors of the county the | 23 | | proposition to abandon the board
of election commissioners | 24 | | shall be signed by at least 10% of the
registered voters of the | 25 | | county.
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| 1 | | (Source: P.A. 87-1247.)".
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