Full Text of SB1592 100th General Assembly
SB1592eng 100TH GENERAL ASSEMBLY |
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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 Section | 5 | | 6-19.5 and by adding Article 6B as follows: | 6 | | (10 ILCS 5/6-19.5) | 7 | | Sec. 6-19.5. Rejection of Article by superseding county | 8 | | board of election commissioners. In addition to any other | 9 | | method of rejection provided in this Article, when a county | 10 | | board of election commissioners is established in accordance | 11 | | with subsection (c) of Section 6A-1 , or when a county board of | 12 | | election commissioners within the office of the county clerk is | 13 | | established in accordance with Article 6B, in a county in which | 14 | | is located any portion of a municipality with a municipal board | 15 | | of election commissioners, the application of the provisions of | 16 | | this Article to the territory of that municipality located | 17 | | within that county is rejected.
| 18 | | (Source: P.A. 98-115, eff. 7-29-13.) | 19 | | (10 ILCS 5/Art. 6B heading new) | 20 | | ARTICLE 6B. COUNTY BOARD OF ELECTION COMMISSIONERS WITHIN THE | 21 | | OFFICE OF THE COUNTY CLERK |
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| 1 | | (10 ILCS 5/6B-1 new) | 2 | | Sec. 6B-1. Adoption of this Article. | 3 | | (a) Any county may adopt this Article and establish a | 4 | | county board of election commissioners within the office of the | 5 | | county clerk by (1) ordinance of the county board and with the | 6 | | approval of the county clerk, or (2) by vote of the electors of | 7 | | the county. | 8 | | (b) When a county board of election commissioners within | 9 | | the office of the county clerk is established in accordance | 10 | | with this Section in a county in which is located any portion | 11 | | of a municipality with a municipal board of election | 12 | | commissioners, the application of the provisions of Article 6 | 13 | | of this Code to the territory of that municipality located | 14 | | within that county is rejected. | 15 | | (c) When a county board of election commissioners within | 16 | | the office of the county clerk is established in accordance | 17 | | with this Section in a county that has previously adopted | 18 | | Article 6A of this Code, the application of the provisions of | 19 | | Article 6A to that county is rejected. | 20 | | (d) The provisions of this Article 6B are not applicable to | 21 | | or available to a county if, prior to January 1, 2017, a city, | 22 | | village, or incorporated town located in whole or in part | 23 | | within the county has established a board of election | 24 | | commissioners pursuant to Article 6 of this Code and that board | 25 | | of election commissioners of the city, village, or incorporated | 26 | | town has not been superseded by a county board of election |
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| 1 | | commissioners in the portion of the city, village, or | 2 | | incorporated town located within the county under Article 6A of | 3 | | this Code. | 4 | | (10 ILCS 5/6B-5 new) | 5 | | Sec. 6B-5. County board of election commissioners within | 6 | | the office of the county clerk. | 7 | | (a) There is created a county board of election | 8 | | commissioners within the office of the county clerk, which | 9 | | shall consist of 5 members, all of whom shall be residents of | 10 | | that county. The county clerk shall serve ex officio as an | 11 | | election commissioner, with vote, and as chairman of the county | 12 | | board of election commissioners. | 13 | | (b) The chairman of the county board, with the advice and | 14 | | consent of the county board, shall appoint the remaining 4 | 15 | | commissioners. Two of those commissioners shall be affiliated | 16 | | with the political party that received the highest statewide | 17 | | vote total in the last gubernatorial election. The remaining 2 | 18 | | commissioners shall be affiliated with the political party that | 19 | | received the second highest statewide vote total in the last | 20 | | gubernatorial general election. Commissioners appointed by the | 21 | | chairman of the county board shall be persons who have | 22 | | extensive knowledge of the election process of the State and | 23 | | county. | 24 | | (c) When selecting commissioners from a political party | 25 | | other than his or her own, the chairman of the county board |
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| 1 | | shall select the commissioners from a list of suggestions | 2 | | submitted to him or her by a group of 5 elected officials who | 3 | | are members of that other political party. | 4 | | The group of elected officials who may submit suggestions | 5 | | to the chairman shall be comprised of the 5 longest serving | 6 | | members of the county board who belong to that other political | 7 | | party. If there are fewer than 5 county board members of that | 8 | | other political party, then the remaining officials shall be | 9 | | the longest serving members of the General Assembly who are | 10 | | members of that other political party and represent at least 20 | 11 | | precincts of that county. | 12 | | If General Assembly members have served in the General | 13 | | Assembly for an equal amount of time, then the member who | 14 | | represents more precincts of the county shall be selected to | 15 | | the group submitting suggestions to the chairman. | 16 | | Each of the 5 elected officials submitting suggestions to | 17 | | the chairman shall submit 2 names per vacancy. | 18 | | (d) For the initial appointments to a board of election | 19 | | commissioners within the office of the county clerk, 2 | 20 | | commissioners, one each from each political party, shall be | 21 | | appointed to serve a 2-year term, and 2 commissioners shall be | 22 | | appointed to serve a 4-year term. Successor members shall serve | 23 | | for terms of 4 years. | 24 | | (e) The chairman of the county board shall provide public | 25 | | notice of a vacancy on the county board of election | 26 | | commissioners within the office of the county clerk before |
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| 1 | | appointing a replacement. | 2 | | (f) Appointments to fill vacancies on the county board of | 3 | | election commissioners within the office of the county clerk | 4 | | shall be consistent with the manner of the original | 5 | | appointment. | 6 | | (g) No appointed election commissioner may hold, accept, or | 7 | | seek election or appointment to any other public or political | 8 | | office during the term to which he or she was appointed an | 9 | | election commissioner. | 10 | | (h) Each appointed election commissioner, before taking | 11 | | his or her seat on the board, shall take an oath of office, | 12 | | which in substance shall be in the following form: | 13 | | "I, ...., do solemnly swear (or affirm) that I am a citizen | 14 | | of the United States, that I am a legal voter and resident of | 15 | | the County of ...., that I will support the Constitution of the | 16 | | United States and of the State of Illinois, and the laws passed | 17 | | in pursuance thereof, to the best of my ability, and that I | 18 | | will faithfully and honestly discharge the duties of the office | 19 | | of election commissioner." | 20 | | The oath, when subscribed and sworn to, shall be filed in | 21 | | the office of the county clerk of the county and be there | 22 | | preserved. Such appointed election commissioner shall also, | 23 | | before taking such oath, give an official bond in the sum of | 24 | | $10,000.00 with two securities, to be approved by the county | 25 | | clerk, conditioned for the faithful and honest performance of | 26 | | his or her duties and the preservation of the property of his |
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| 1 | | or her office. | 2 | | (10 ILCS 5/6B-10 new) | 3 | | Sec. 6B-10. Compensation of appointed election | 4 | | commissioners. The county board shall determine the | 5 | | compensation of the election commissioners other than the | 6 | | county clerk, who shall receive no additional compensation for | 7 | | his service as chairman or as a member of the board of election | 8 | | commissioners. The county board may, by ordinance, provide for | 9 | | an annual salary for the election commissioners other than the | 10 | | county clerk in an amount not to exceed 20% of the salary of | 11 | | any county board member or authorize payment on a per diem or | 12 | | per meeting basis. The county board shall not alter the manner | 13 | | or the amount of compensation of an election commissioner to | 14 | | take effect during an election commissioner's present term of | 15 | | office. The provisions of the Local Government Officer | 16 | | Compensation Act shall not apply to the compensation appointed | 17 | | election commissioners. | 18 | | (10 ILCS 5/6B-15 new) | 19 | | Sec. 6B-15. Superseding effect. The fact that some | 20 | | territory in a county is within the corporate limits of a city, | 21 | | village, or incorporated town with a board of election | 22 | | commissioners does not prevent that county from establishing a | 23 | | county board of election commissioners in accordance with this | 24 | | Article. If such a county establishes a county board of |
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| 1 | | election commissioners within the office of the county clerk | 2 | | pursuant to this Article, the county board of election | 3 | | commissioners within the office of the county clerk shall, with | 4 | | respect to the territory in the county within the corporate | 5 | | limits of the city, village, or incorporated town, supersede | 6 | | the board of election commissioners of that city, village, or | 7 | | incorporated town. | 8 | | (10 ILCS 5/6B-20 new) | 9 | | Sec. 6B-20. Transfer of records. Upon a county's adoption | 10 | | of this Article, an existing county board of election | 11 | | commissioners established under Article 6A of this Code and any | 12 | | municipal board of election commissioners in the county shall | 13 | | turn over to the new county board of election commissioners all | 14 | | registry books, registration record cards, poll books, tally | 15 | | sheets and ballot boxes, and all other books, forms, blanks, | 16 | | and stationery of every description in the former commissions' | 17 | | possession in any way relating to elections or the holding of | 18 | | elections in the county and any unused appropriations related | 19 | | to elections or the holding of elections in the county. | 20 | | Thereupon, all functions, powers, and duties of the county | 21 | | clerk, the county board, or board of election commissioners | 22 | | relating to elections in that county are transferred to the | 23 | | county board of election commissioners within the office of the | 24 | | county clerk. |
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| 1 | | (10 ILCS 5/6B-25 new) | 2 | | Sec. 6B-25. County director of elections. The chairman of | 3 | | the board of election commissioners within the office of the | 4 | | county clerk shall have the right to employ a county director | 5 | | of elections who shall have charge of the office of said board | 6 | | and who shall be present and in attendance at all proper | 7 | | business hours. The director shall take an oath of office to | 8 | | the effect that he or she will honestly and faithfully perform | 9 | | all the duties of the office, under the direction of the | 10 | | chairman of the board, which shall be preserved in the same | 11 | | way, and he shall be under the direction of the chairman of | 12 | | board, and he or she shall have the right to administer all | 13 | | oaths required under this Code to be administered by the | 14 | | commissioners. | 15 | | (10 ILCS 5/6B-30 new) | 16 | | Sec. 6B-30. Procurement of election supplies, equipment, | 17 | | and services. | 18 | | (a) A county board of election commissioners within the | 19 | | office of the county clerk shall procure all election supplies, | 20 | | equipment, and services, other than professional services, | 21 | | necessary to perform the election-related duties imposed on it | 22 | | under Articles 6, 14, and 18 of this Code in accordance with | 23 | | the centralized purchasing procedures established by the | 24 | | county board of the county. Any procurements shall be | 25 | | authorized by the board of election commissioners within the |
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| 1 | | office of the county clerk, rather than by the county board, | 2 | | subject to appropriation, and in the manner Section 5-1022 of | 3 | | the Counties Code authorizes county boards to make these | 4 | | purchases. | 5 | | (b) A county board of election commissioners within the | 6 | | office of the county clerk may determine the method by which it | 7 | | procures election-related professional services subject to | 8 | | appropriation consistent with the requirements of law and | 9 | | county ordinance. | 10 | | (c) The provisions of the Local Government Prompt Payment | 11 | | Act apply to all procurements of election supplies, equipment, | 12 | | and services as set forth in this Section. | 13 | | (10 ILCS 5/6B-35 new) | 14 | | Sec. 6B-35. Applicability of Articles 6, 14, and 18. The | 15 | | provisions of Articles 6, 14, and 18 of this Act, other than | 16 | | Section 6-70, relating to boards of election commissioners in | 17 | | cities, villages, and incorporated towns shall, insofar as they | 18 | | can be made applicable, apply to and govern county boards of | 19 | | election commissioners within the office of the county clerk | 20 | | established pursuant to this Article. Whenever Article 6 | 21 | | requires an act of the commissioners to be accompanied by the | 22 | | advice, consent, or approval of the circuit court, the act by a | 23 | | county board of election commissioners within the office of the | 24 | | county clerk shall be accompanied by the advice, consent, or | 25 | | approval of the county clerk. |
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| 1 | | A deputy registrar serving as such by virtue of his or her | 2 | | status as a municipal clerk, or a duly authorized deputy of a | 3 | | municipal clerk, of a municipality the territory of which lies | 4 | | in more than one county, where one such county is governed by a | 5 | | county board of election commissioners within the office of the | 6 | | county clerk established pursuant to this Article, may accept | 7 | | the registration of any qualified resident of the municipality, | 8 | | regardless of which county the resident, municipal clerk or the | 9 | | duly authorized deputy of the municipal clerk lives in. | 10 | | (10 ILCS 5/6B-40 new) | 11 | | Sec. 6B-40. References to county clerk. Any references in | 12 | | this Code to the county clerk, other than as described in this | 13 | | Article, or the county board with respect to the registration | 14 | | of voters, filing of petitions, certification of candidates, | 15 | | preparation of ballots, establishment of election precincts, | 16 | | designation of polling places, or any other matter pertaining | 17 | | to the conduct of elections, shall, as applied to any county | 18 | | having a county board of election commissioners within the | 19 | | office of the county clerk, be construed as referring to the | 20 | | county board of election commissioners within the office of the | 21 | | county clerk. | 22 | | (10 ILCS 5/6B-45 new) | 23 | | Sec. 6B-45. Personnel. The chairman of the board of | 24 | | election commissioners shall hire all personnel necessary for |
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| 1 | | the commission to perform the duties enjoined upon it by | 2 | | statute and determine their compensation. All personnel hired | 3 | | by the chairman of the board of election commissioners shall be | 4 | | employees of the county clerk and subject to all employment | 5 | | policies as the clerk may from time to time promulgate. All | 6 | | personnel hired under this Section shall also be deemed | 7 | | employees of the respective county for payroll, taxation, and | 8 | | employee benefit purposes. | 9 | | (10 ILCS 5/6B-50 new) | 10 | | Sec. 6B-50. Legal representation. The State's Attorney of | 11 | | the county shall be the exclusive legal representative of the | 12 | | county board of election commissioners within the office of the | 13 | | county clerk. | 14 | | (10 ILCS 5/6B-55 new) | 15 | | Sec. 6B-55. Meetings of the election commissioners. A | 16 | | county board of election commissioners within the office of the | 17 | | county clerk is a public body, as the Open Meetings Act defines | 18 | | the term, and shall be subject to all of the requirements of | 19 | | that Act. The election commissioners shall meet as frequently | 20 | | as their duties may require, but no less frequently than 10 | 21 | | times annually, whether sitting as the county board of election | 22 | | commissioners or as an electoral board for the purpose of | 23 | | hearing and passing on objector's petitions as set forth in | 24 | | Section 10-9 of this Code, and may meet in any location in |
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| 1 | | their county that is convenient and accessible to the public. | 2 | | (10 ILCS 5/6B-60 new) | 3 | | Sec. 6B-60. County officers electoral board. The county | 4 | | board of election commissioners within the office of the county | 5 | | clerk shall have the same powers and duties as a county board | 6 | | of election commissioners for the purpose of the hearing and | 7 | | passing on objector's petitions as set forth in Section 10-9 of | 8 | | this Code and shall constitute the county officers electoral | 9 | | board in such county. Whenever the chairman of a county board | 10 | | of election commissioners is a candidate for an office with | 11 | | relation to which an objector's petition is filed, he shall not | 12 | | be eligible to serve on that board and shall not act as a | 13 | | member of the board and his or her place shall be filled as set | 14 | | forth in Section 10-9 of the Code with respect to all | 15 | | proceedings involving such an objection. | 16 | | (10 ILCS 5/6B-65 new) | 17 | | Sec. 6B-65. Retention of records. The clerk shall retain | 18 | | all records of the county board of election commissioners | 19 | | within the office of the county clerk in the manner required by | 20 | | federal and State law. In the event of a conflict between | 21 | | multiple provisions of law, the clerk shall retain all records | 22 | | in accordance with the provision that requires the greatest | 23 | | period of retention. |
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| 1 | | (10 ILCS 5/6B-70 new) | 2 | | Sec. 6B-70. Audit and payment. The county auditor or a | 3 | | person performing the duties of the county auditor shall audit | 4 | | the salaries and expenses of the county board of election | 5 | | commissioners within the office of the county clerk. All | 6 | | salaries and expenditures for an audit shall be paid by the | 7 | | county upon the warrant of the county clerk of any money in the | 8 | | county treasury not otherwise appropriated.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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