Full Text of SB1367 98th General Assembly
SB1367 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1367 Introduced 2/5/2013, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/6-19.5 new | | 10 ILCS 5/6A-1 | from Ch. 46, par. 6A-1 | 10 ILCS 5/6A-2 | from Ch. 46, par. 6A-2 | 10 ILCS 5/6A-4 | from Ch. 46, par. 6A-4 | 10 ILCS 5/6A-5 | from Ch. 46, par. 6A-5 |
|
Amends the Election Code. Permits establishment of a county board of election commissioners in a county with a population of less than 200,000 but more than 175,000 persons that contains a municipality with a municipal board of election commissioners. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB1367 | | LRB098 08702 HLH 39462 b |
|
| 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 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.
| 17 | | (10 ILCS 5/6A-1) (from Ch. 46, par. 6A-1)
| 18 | | Sec. 6A-1. Adoption of Article. | 19 | | (a) Any county in which there is no city, village or | 20 | | incorporated town
with a board of election commissioners may | 21 | | establish a county board of
election commissioners either (1) | 22 | | by ordinance of the county board or
(2) by vote of the electors |
| | | SB1367 | - 2 - | LRB098 08702 HLH 39462 b |
|
| 1 | | of the county in accordance with subsection (a) of Section
| 2 | | 6A-2.
| 3 | | The fact that some territory in a county is within the | 4 | | corporate
limits of a city, village or incorporated town with a | 5 | | board of election
commissioners does not prevent that county | 6 | | from establishing a county
board of election commissioners in | 7 | | accordance with this Article if no
portion of such city, | 8 | | village or incorporated town was within the county
at the time | 9 | | of the establishment of the board of election commissioners
for | 10 | | such city, village or incorporated town. If such a county
| 11 | | establishes a county board of election commissioners pursuant | 12 | | to this
Article, the county board of election commissioners | 13 | | shall, with respect
to the territory in the county within the | 14 | | corporate limits of the city,
village or incorporated town, | 15 | | supersede the board of election
commissioners of that city, | 16 | | village or incorporated town.
| 17 | | (b) Any county with a population of less than 200,000 but | 18 | | more than 175,000 persons as of the 2010 federal census in | 19 | | which a city, village, or incorporated town with a board of | 20 | | election commissioners is located may establish a county board | 21 | | of election commissioners by vote of the electors of the county | 22 | | in accordance with subsection (b) of Section 6A-2. If such a | 23 | | county establishes a county board of election commissioners, | 24 | | the county board of election commissioners, with respect to the | 25 | | territory in the county within the corporate limits of the | 26 | | city, village, or incorporated town, shall supersede the board |
| | | SB1367 | - 3 - | LRB098 08702 HLH 39462 b |
|
| 1 | | of election commissioners of that city, village, or | 2 | | incorporated town. | 3 | | (Source: P.A. 81-1433.)
| 4 | | (10 ILCS 5/6A-2) (from Ch. 46, par. 6A-2)
| 5 | | Sec. 6A-2. Submission to voters. | 6 | | (a) Whenever registered voters in a the county described in | 7 | | subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8
| 8 | | of the number voting at the last preceding general election in | 9 | | the county,
whichever is less, petition the circuit court to | 10 | | submit to the electors of
the county a proposition to establish | 11 | | a county board of election
commissioners, the circuit court | 12 | | shall cause such proposition to be
submitted to the electors of | 13 | | the county at the next succeeding general
election. | 14 | | (b) After approval and certification by the county board of | 15 | | a county described in subsection (b) of Section 6A-2, the | 16 | | proposition to establish a county board of election | 17 | | commissioners shall be submitted to the electors of that county | 18 | | at the next possible general election. | 19 | | (c) The proposition shall be submitted in the same manner | 20 | | as provided
in Article 6 for the adoption of Articles 6, 14 and | 21 | | 18 by cities, villages
and incorporated towns, except that the | 22 | | question shall be stated: "Shall a
board of election | 23 | | commissioners be established for .... County?"
| 24 | | (Source: P.A. 78-465.)
|
| | | SB1367 | - 4 - | LRB098 08702 HLH 39462 b |
|
| 1 | | (10 ILCS 5/6A-4) (from Ch. 46, par. 6A-4)
| 2 | | Sec. 6A-4. Transfer of records. Upon the opening of the | 3 | | office of the county board of election
commissioners, the | 4 | | county clerk and any municipal board of election commissioners | 5 | | in the county shall turn over to such county board all registry
| 6 | | books, registration record cards, poll books, tally sheets and | 7 | | ballot boxes
and all other books, forms, blanks and stationery | 8 | | of every description in
the clerk's or municipal board's | 9 | | possession his hands in any way relating to elections or the | 10 | | holding of elections in
the county and any unused | 11 | | appropriations related to elections or the holding of elections | 12 | | in the county . Thereupon, all functions, powers and duties of | 13 | | the county clerk ,
or the county board , or the municipal board | 14 | | relating to elections in that county are transferred to the | 15 | | county
board of election commissioners.
| 16 | | (Source: P.A. 78-465.)
| 17 | | (10 ILCS 5/6A-5) (from Ch. 46, par. 6A-5)
| 18 | | Sec. 6A-5.
The provisions of Articles 6, 14 and 18 of this | 19 | | Act relating to
boards of election commissioners in cities, | 20 | | villages and incorporated
towns shall, insofar as they can be | 21 | | made applicable, apply to and govern
county boards of election | 22 | | commissioners established pursuant to this
Article. For a | 23 | | county described in subsection (b) of Section 6A-2, the board | 24 | | of election commissioners shall be composed of 5 members | 25 | | appointed by the circuit court of the county, at least 2 |
| | | SB1367 | - 5 - | LRB098 08702 HLH 39462 b |
|
| 1 | | members shall reside in the municipality that had a board of | 2 | | election commissioners superseded by subsection (b) of Section | 3 | | 6A-2 and shall be selected from the 2 leading political parties | 4 | | of the State, one from each of those parties, and at least 2 | 5 | | members shall reside outside of such municipality but within | 6 | | the county and shall be selected from the 2 leading political | 7 | | parties of the State, one from each of those parties. A deputy | 8 | | registrar serving as such by virtue of his status as a
| 9 | | municipal clerk, or a duly authorized deputy of a municipal | 10 | | clerk, of a
municipality the territory of which lies in more | 11 | | than one county, where one
such county is governed by a county | 12 | | board of election commissioners
established pursuant to this | 13 | | Article, may accept the registration of any
qualified resident | 14 | | of the municipality, regardless of which county the
resident, | 15 | | municipal clerk or the duly authorized deputy of the municipal
| 16 | | clerk lives in. The annual budget for a county board of | 17 | | election commissioners established under subsection (b) of | 18 | | Section 6A-2 of the Election Code shall be determined by the | 19 | | county board of that county. However, the
county board, in | 20 | | fixing the compensation of the members of the county
board of | 21 | | election commissioners and of the executive director and | 22 | | assistant
executive director, is not subject to the limitations | 23 | | of Section 6-70 and may
provide for either an annual salary or | 24 | | a per diem compensation.
| 25 | | (Source: P.A. 85-958.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
| | | SB1367 | - 6 - | LRB098 08702 HLH 39462 b |
|
| 1 | | becoming law.
|
|