Full Text of HB2992 100th General Assembly
HB2992 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2992 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/11-2 | from Ch. 46, par. 11-2 |
10 ILCS 5/11-4 | from Ch. 46, par. 11-4 |
10 ILCS 5/19A-10 |
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Amends the Election Code. Provides that no polling place may be located in a police station or place with an armed guard unless there is no other viable option in the precinct. Makes conforming changes. Effective immediately.
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| | A BILL FOR |
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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 11-2, 11-4, and 19A-10 as follows:
| 6 | | (10 ILCS 5/11-2) (from Ch. 46, par. 11-2)
| 7 | | Sec. 11-2.
The County Board in each county, except in | 8 | | counties having
a population of 3,000,000 inhabitants or over, | 9 | | shall, at its regular
meeting in June, divide its election | 10 | | precincts which contain more than
800 voters, into election | 11 | | districts so that each district shall contain,
as near as may | 12 | | be practicable, 500 voters, and not more in any case than
800. | 13 | | Whenever the County Board ascertains that any election precinct
| 14 | | contains more than 600 registered voters, it may divide such | 15 | | precinct,
at its regular meeting in June, into election | 16 | | precincts so that each
precinct shall contain, as nearly as may | 17 | | be practicable, 500 voters. Insofar as
is practicable, each | 18 | | precinct shall be situated within a single congressional,
| 19 | | legislative and representative district and in not more than | 20 | | one County Board
district and one municipal ward. In order to | 21 | | situate each precinct within a
single district or ward, the | 22 | | County Board shall change the boundaries of
election precincts | 23 | | after each decennial census as soon as is practicable
following |
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| 1 | | the completion of congressional and legislative redistricting.
| 2 | | In determining whether a division of precincts should be
made, | 3 | | the county board may anticipate increased voter registration in
| 4 | | any precinct in which there is in progress new construction of | 5 | | dwelling
units which will be occupied by voters more than 30 | 6 | | days before the next
election. Each district shall be composed | 7 | | of contiguous territory in as
compact form as can be for the | 8 | | convenience of the electors voting
therein. The several county | 9 | | boards in establishing districts shall
describe them by metes | 10 | | and bounds and number them. And so often
thereafter as it shall | 11 | | appear by the number of votes cast at the general
election held | 12 | | in November of any year, that any election district or
| 13 | | undivided election precinct contains more than 800 voters, the | 14 | | County
Board of the county in which the district or precinct | 15 | | may be, shall at
its regular meeting in June, or an adjourned | 16 | | meeting in July next, after
such November election, redivide or | 17 | | readjust such election district or
election precinct, so that | 18 | | no district or election precinct shall
contain more than the | 19 | | number of votes above specified. If for any reason
the County | 20 | | Board fails in any year to redivide or readjust the election
| 21 | | districts or election precinct, then the districts or precincts | 22 | | as then
existing shall continue until the next regular June | 23 | | meeting of the
County Board; at which regular June meeting or | 24 | | an adjourned meeting in
July the County Board shall redivide or | 25 | | readjust the election districts
or election precincts in manner | 26 | | as herein required. When at any meeting
of the County Board any |
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| 1 | | redivision, readjustment or change in name or
number of | 2 | | election districts or election precincts is made by the County
| 3 | | Board, the County Clerk shall immediately notify the State | 4 | | Board of
Elections of such redivision, readjustment or change. | 5 | | The County Board
in every case shall fix and establish the | 6 | | places for holding elections
in its respective county and all | 7 | | elections shall be held at the places
so fixed. The polling | 8 | | places shall in all cases be upon the ground floor
in the front | 9 | | room, the entrance to which is in a highway or public
street | 10 | | which is at least 40 feet wide, and is as near the center of the
| 11 | | voting population of the precinct as is practicable, and for | 12 | | the
convenience of the greatest number of electors to vote | 13 | | thereat;
provided, however, where the County Board is unable to | 14 | | secure a suitable
polling place within the boundaries of a | 15 | | precinct, it may select a
polling place at the most | 16 | | conveniently located suitable place outside
the precinct; but | 17 | | in no case shall an election be held in any room used
or | 18 | | occupied as a saloon, dramshop, bowling alley or as a place of | 19 | | resort
for idlers and disreputable persons, billiard hall or in | 20 | | any room
connected therewith by doors or hallways. In addition, | 21 | | no election shall be held in a police station or in a place | 22 | | with an armed guard unless there is no other viable option in | 23 | | the precinct. No person shall be permitted
to vote at any | 24 | | election except at the polling place for the precinct in
which | 25 | | he resides, except as otherwise provided in this Section or | 26 | | Article 19 of this
Act. In counties having a population of |
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| 1 | | 3,000,000 inhabitants or over
the County Board shall divide its | 2 | | election precincts and shall fix and
establish places for | 3 | | holding elections as hereinbefore provided during
the month of | 4 | | January instead of at its regular meeting in June or at an
| 5 | | adjourned meeting in July.
| 6 | | However, in the event that additional divisions of election | 7 | | precincts
are indicated after a division made by the County | 8 | | Board in the month of
January, such additional divisions may be | 9 | | made by the County Board in
counties having a population of | 10 | | 3,000,000 inhabitants or over, at the
regular meeting in June | 11 | | or at adjourned meeting in July. The county
board of such | 12 | | county may divide or readjust precincts at any meeting of
the | 13 | | county board when the voter registration in a precinct has | 14 | | increased
beyond 800 and an election is scheduled before the | 15 | | next regular January
or June meeting of the county board.
| 16 | | When in any city, village or incorporated town territory | 17 | | has been
annexed thereto or disconnected therefrom, which | 18 | | annexation or
disconnection becomes effective after election | 19 | | precincts or election
districts have been established as above | 20 | | provided in this Section, the
clerk of the municipality shall | 21 | | inform the county clerk thereof as
provided in Section 4-21, | 22 | | 5-28.1, or 6-31.1, whichever is applicable. In
the event that a | 23 | | regular meeting of the County Board is to be held after
such | 24 | | notification and before any election, the County Board shall, | 25 | | at
its next regular meeting establish new election precinct | 26 | | lines in
affected territory. In the event that no regular |
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| 1 | | meeting of the County
Board is to be held before such election | 2 | | the county clerk shall, within
5 days after being so informed, | 3 | | call a special meeting of the county
board on a day fixed by | 4 | | him not more than 20 days thereafter for the
purpose of | 5 | | establishing election precincts or election districts in the
| 6 | | affected territory for the ensuing elections.
| 7 | | At any consolidated primary or consolidated election at | 8 | | which
municipal officers are to be elected, and at any | 9 | | emergency referendum at
which a public question relating to a | 10 | | municipality is to be voted on,
notwithstanding any other | 11 | | provision of this Code, the election authority
shall establish | 12 | | a polling place within such municipality, upon the request
of | 13 | | the municipal council or board of trustees at least 60 days | 14 | | before the
election and provided that the municipality provides | 15 | | a suitable polling
place. To accomplish this purpose, the | 16 | | election authority may establish an
election precinct | 17 | | constituting a single municipality of under 500
population for | 18 | | all elections, notwithstanding the minimum precinct size
| 19 | | otherwise specified herein.
| 20 | | Notwithstanding the above, when there
are no more than 50 | 21 | | registered voters in a precinct who are entitled to
vote in a | 22 | | local government or school district election, the election
| 23 | | authority having
jurisdiction over the precinct
is authorized | 24 | | to reassign such voters to one or more polling
places in | 25 | | adjacent precincts, within or without the
election authority's | 26 | | jurisdiction, for that
election. For the purposes of such local |
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| 1 | | government or school district
election only, the votes of the | 2 | | reassigned voters shall be tallied and
canvassed as votes from | 3 | | the precinct of the polling place to which such
voters have | 4 | | been reassigned. The election authority having
jurisdiction | 5 | | over the precinct shall approve all administrative and polling
| 6 | | place procedures.
Such procedures shall take into account voter | 7 | | convenience, and ensure that the
integrity of the election | 8 | | process is maintained and that the secrecy of the
ballot is not | 9 | | violated.
| 10 | | Except in the event of a fire, flood or total loss of heat | 11 | | in a place
fixed or established by any county board or election | 12 | | authority pursuant to
this Section as a polling place for an | 13 | | election, no election authority
shall change the location of a | 14 | | polling place so established for any
precinct after notice of | 15 | | the place of holding the election for that
precinct has been | 16 | | given as required under Article 12 unless the election
| 17 | | authority notifies all registered voters in the precinct of the | 18 | | change in
location by first class mail in sufficient time for | 19 | | such notice to be
received by the registered voters in the | 20 | | precinct at least one day prior to
the date of the election.
| 21 | | The provisions of this Section apply to all precincts, | 22 | | including
those where voting machines or electronic voting | 23 | | systems are used.
| 24 | | (Source: P.A. 86-867.)
| 25 | | (10 ILCS 5/11-4) (from Ch. 46, par. 11-4)
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| 1 | | Sec. 11-4.
It shall be the duty of the Board of Election | 2 | | Commissioners,
established under Article 6 of this Act, to | 3 | | appoint the place of registry
in each precinct for the first | 4 | | registration under Article 6 of this Act and
the places for | 5 | | registry in subsequent registrations in the manner provided
by | 6 | | such Article, and also the polling place in each precinct in | 7 | | such city,
village or incorporated town which has adopted or is | 8 | | operating under said
Article 6, and to give public notice | 9 | | thereof, and shall cause the same to
be fitted up, warmed, | 10 | | lighted and cleaned, but in each election precinct
and in each | 11 | | area for which a registration place is designated such place or
| 12 | | places shall be in the most public, orderly and convenient | 13 | | portions
thereof, and no building or part of a building shall | 14 | | be designated or used
as a place of registry, or revision of | 15 | | registration, or as a polling place,
in which spirituous or | 16 | | intoxicating liquor is sold. Provided, however,
where the Board | 17 | | of Election Commissioners is unable to secure a suitable
| 18 | | polling place within the boundaries of a precinct, it may | 19 | | select a polling
place on a street immediately adjacent to and | 20 | | adjoining the precinct. Said
Board of Election Commissioners | 21 | | may demand of the chief of police or the
sheriff, to furnish | 22 | | officers of the law to attend during the progress of
any | 23 | | registration, revision or election, at any place or places of
| 24 | | registration, or any polling place, or places, designated by | 25 | | said
commissioners, or to attend at any meeting of said | 26 | | commissioners. Said
officers of the law, shall be furnished by |
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| 1 | | said chief of police or sheriff
and shall be stationed in the | 2 | | place or places of registration and polling
place or places in | 3 | | such manner as said commissioners shall direct, and
during said | 4 | | assignment shall be under the direction and control of the
| 5 | | election commissioners.
| 6 | | No polling place shall be located at a police station or | 7 | | place with an armed officer unless there is no other viable | 8 | | option in the precinct. The limitation imposed by this | 9 | | amendatory Act of the 100th General Assembly shall not be | 10 | | construed to limit the Board of Election Commissioners to | 11 | | demand the chief of police or sheriff to furnish officers of | 12 | | the law as provided by this Section. | 13 | | Notwithstanding the above, when there
are no more than 50 | 14 | | registered voters in a precinct
who are entitled to
vote in a | 15 | | local government or school district election,
the election | 16 | | authority
having jurisdiction over the precinct,
is authorized | 17 | | to reassign such voters
to one or more polling
places in | 18 | | adjacent precincts, within or without the
election authority's | 19 | | jurisdiction, for that election. For
the purposes of such local | 20 | | government or school district election only, the
votes of the | 21 | | reassigned voters
shall be tallied and canvassed as votes from | 22 | | the precinct of the polling place to which
such voters have | 23 | | been reassigned.
The election authority having jurisdiction | 24 | | over the precinct shall approve
all administrative and polling | 25 | | place procedures.
Such procedures shall take into account voter | 26 | | convenience, and ensure that the
integrity of the election |
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| 1 | | process is maintained and that the secrecy of the
ballot is not | 2 | | violated.
| 3 | | Except in the event of a fire, flood or total loss of heat | 4 | | in a place
fixed or established by the Board of Election | 5 | | Commissioners pursuant to
this Section as a polling place for | 6 | | an election, no election authority
shall change the location of | 7 | | a polling place so established for any
precinct after notice of | 8 | | the place of holding the election for that
precinct has been | 9 | | given as required under Article 12 unless the election
| 10 | | authority notifies all registered voters in the precinct of the | 11 | | change in
location by first class mail in sufficient time for | 12 | | such notice to be
received by the registered voters in the | 13 | | precinct at least one day prior to
the date of the election.
| 14 | | (Source: P.A. 86-867.)
| 15 | | (10 ILCS 5/19A-10)
| 16 | | Sec. 19A-10. Permanent polling places for early voting.
| 17 | | (a) An election authority may establish permanent polling | 18 | | places for early
voting by personal appearance at locations | 19 | | throughout the election authority's
jurisdiction, including | 20 | | but not limited to a municipal clerk's office, a township | 21 | | clerk's office, a road district clerk's office, or a county or | 22 | | local public agency office. Any person
entitled to vote early | 23 | | by personal appearance may do so at any polling place
| 24 | | established for early voting.
| 25 | | (b) (Blank).
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| 1 | | (c) During each general primary and general election, each | 2 | | election authority in a county with a population over 250,000 | 3 | | shall establish at least one permanent polling place for early | 4 | | voting by personal appearance at a location within each of the | 5 | | 3 largest municipalities within its jurisdiction. If any of the | 6 | | 3 largest municipalities is over 80,000, the election authority | 7 | | shall establish at least 2 permanent polling places within the | 8 | | municipality. All population figures shall be determined by the | 9 | | federal census.
| 10 | | (d) During each general primary and general election, each | 11 | | board of election commissioners established under Article 6 of | 12 | | this Code in any city, village, or incorporated town with a | 13 | | population over 100,000 shall establish at least 2 permanent | 14 | | polling places for early voting by personal appearance. All | 15 | | population figures shall be determined by the federal census. | 16 | | (e) During each general primary and general election, each | 17 | | election authority in a county with a population of over | 18 | | 100,000 but under 250,000 persons shall establish at least one | 19 | | permanent polling place for early voting by personal | 20 | | appearance. The location for early voting may be the election | 21 | | authority's main office or another location designated by the | 22 | | election authority. The election authority may designate | 23 | | additional sites for early voting by personal appearance. All | 24 | | population figures shall be determined by the federal census.
| 25 | | (f) No permanent polling place required by this Section | 26 | | shall be located within 1.5 miles from another permanent |
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| 1 | | polling place required by this Section, unless such permanent | 2 | | polling place is within a municipality with a population of | 3 | | 500,000 or more. | 4 | | (g) No permanent polling place required by this Section | 5 | | shall be located at a police station or place with an armed | 6 | | guard unless there is no other viable location in the precinct. | 7 | | (Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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