Full Text of HB4854 102nd General Assembly
HB4854 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4854 Introduced 1/27/2022, by Rep. Katie Stuart SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/11-2 | from Ch. 46, par. 11-2 |
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Amends the Election Code. Provides that the county board in each county, except in counties having a population of 3,000,000 inhabitants or over, shall, at its regular meeting in June or an adjourned meeting in July, divide, adjust, or consolidate (currently, divide) its election precincts so that each precinct shall contain, as near as may be practicable, 1,200 registered voters. Provides that if it is not practicable to situate each precinct within a single district or ward by changing the boundaries of election precincts after each decennial census as soon as is practicable following the completion of congressional and legislative redistricting, then the county board may change the boundaries of the election precincts after the decennial census at the next regular June meeting or an adjourned meeting in July as described in the provisions. Makes conforming changes.
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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 | | Section 11-2 as follows:
| 6 | | (10 ILCS 5/11-2) (from Ch. 46, par. 11-2)
| 7 | | Sec. 11-2. Election precincts. The County Board in each | 8 | | county, except in counties having
a population of 3,000,000 | 9 | | inhabitants or over, shall, at its regular
meeting in June or | 10 | | an adjourned meeting in July, divide , adjust, or consolidate | 11 | | its election precincts so that each precinct shall contain,
as | 12 | | near as may be practicable, 1,200 registered voters. Insofar | 13 | | as
is practicable, each precinct shall be situated within a | 14 | | single congressional,
legislative and representative district | 15 | | and in not more than one County Board
district and one | 16 | | municipal ward. In order to situate each precinct within a
| 17 | | single district or ward, the County Board shall change the | 18 | | boundaries of
election precincts after each decennial census | 19 | | as soon as is practicable
following the completion of | 20 | | congressional and legislative redistricting, unless this is | 21 | | not practicable, in which the County Board may change the | 22 | | boundaries of the election precincts after the decennial | 23 | | census at the next regular June meeting or an adjourned |
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| 1 | | meeting in July as described in this Section. except that, in | 2 | | 2021, the county board shall change the boundaries at a | 3 | | regular or special meeting within 60 days after the effective | 4 | | date of this amendatory Act of the 102nd General Assembly.
In | 5 | | determining whether a division of precincts should be
made, | 6 | | the county board may anticipate increased voter registration | 7 | | in
any precinct in which there is in progress new construction | 8 | | of dwelling
units which will be occupied by voters more than 30 | 9 | | days before the next
election. Each district shall be composed | 10 | | of contiguous territory in as
compact form as can be for the | 11 | | convenience of the electors voting
therein. The several county | 12 | | boards in establishing districts shall
describe them by metes | 13 | | and bounds and number them. And so often
thereafter as it shall | 14 | | appear by the number of votes cast at the general
election held | 15 | | in November of any year, that any election district or
| 16 | | undivided election precinct contains more than 1,200 | 17 | | registered voters, the County
Board of the county in which the | 18 | | district or precinct may be, shall at
its regular meeting in | 19 | | June, or an adjourned meeting in July next, after
such | 20 | | November election, consolidate, redivide or readjust such | 21 | | election district or
election precinct, so that no district or | 22 | | election precinct shall
contain more than the number of votes | 23 | | above specified. If for any reason
the County Board fails in | 24 | | any year , including a year following decennial census in which | 25 | | redistricting occurs, to consolidate, redivide , or readjust | 26 | | the election
districts or election precincts precinct , then |
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| 1 | | the districts or precincts as then
existing shall continue | 2 | | until the next regular June meeting of the
County Board; at | 3 | | which regular June meeting or an adjourned meeting in
July the | 4 | | County Board shall consolidate, redivide , or readjust the | 5 | | election districts
or election precincts in manner as herein | 6 | | required. When at any meeting
of the County Board any | 7 | | consolidation, redivision, readjustment , or change in name or
| 8 | | number of election districts or election precincts is made by | 9 | | the County
Board, the County Clerk shall immediately notify | 10 | | the State Board of
Elections of such consolidation, | 11 | | redivision, readjustment or change. The County Board
in every | 12 | | case shall fix and establish the places for holding elections
| 13 | | in its respective county and all elections shall be held at the | 14 | | places
so fixed. The polling places shall in all cases be upon | 15 | | the ground floor
in the front room, the entrance to which is in | 16 | | a highway or public
street which is at least 40 feet wide, and | 17 | | is as near the center of the
voting population of the precinct | 18 | | as is practicable, and for the
convenience of the greatest | 19 | | number of electors to vote thereat;
provided, however, where | 20 | | the County Board is unable to secure a suitable
polling place | 21 | | within the boundaries of a precinct, it may select a
polling | 22 | | place at the most conveniently located suitable place outside
| 23 | | the precinct; but in no case shall an election be held in any | 24 | | room used
or occupied as a saloon, dramshop, bowling alley or | 25 | | as a place of resort
for idlers and disreputable persons, | 26 | | billiard hall or in any room
connected therewith by doors or |
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| 1 | | hallways. No person shall be permitted
to vote at any election | 2 | | except at the polling place for the precinct in
which he | 3 | | resides, except as otherwise provided in this Section or | 4 | | Article 19 of this
Act. In counties having a population of | 5 | | 3,000,000 inhabitants or over
the County Board shall divide | 6 | | its election precincts and shall fix and
establish places for | 7 | | holding elections as hereinbefore provided during
the month of | 8 | | January instead of at its regular meeting in June or at an
| 9 | | adjourned meeting in July.
| 10 | | However, in the event that additional divisions of | 11 | | election precincts
are indicated after a division made by the | 12 | | County Board in the month of
January, such additional | 13 | | divisions may be made by the County Board in
counties having a | 14 | | population of 3,000,000 inhabitants or over, at the
regular | 15 | | meeting in June or at adjourned meeting in July. The county
| 16 | | board of such county may divide or readjust precincts at any | 17 | | meeting of
the county board when the voter registration in a | 18 | | precinct has increased
beyond 1,800 registered voters and an | 19 | | election is scheduled before the next regular January
or June | 20 | | meeting of the county board.
| 21 | | When in any city, village or incorporated town territory | 22 | | has been
annexed thereto or disconnected therefrom, which | 23 | | annexation or
disconnection becomes effective after election | 24 | | precincts or election
districts have been established as above | 25 | | provided in this Section, the
clerk of the municipality shall | 26 | | inform the county clerk thereof as
provided in Section 4-21, |
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| 1 | | 5-28.1, or 6-31.1, whichever is applicable. In
the event that | 2 | | a regular meeting of the County Board is to be held after
such | 3 | | notification and before any election, the County Board shall, | 4 | | at
its next regular meeting establish new election precinct | 5 | | lines in
affected territory. In the event that no regular | 6 | | meeting of the County
Board is to be held before such election | 7 | | the county clerk shall, within
5 days after being so informed, | 8 | | call a special meeting of the county
board on a day fixed by | 9 | | him not more than 20 days thereafter for the
purpose of | 10 | | establishing election precincts or election districts in the
| 11 | | affected territory for the ensuing elections.
| 12 | | At any consolidated primary or consolidated election at | 13 | | which
municipal officers are to be elected, and at any | 14 | | emergency referendum at
which a public question relating to a | 15 | | municipality is to be voted on,
notwithstanding any other | 16 | | provision of this Code, the election authority
shall establish | 17 | | a polling place within such municipality, upon the request
of | 18 | | the municipal council or board of trustees at least 60 days | 19 | | before the
election and provided that the municipality | 20 | | provides a suitable polling
place. To accomplish this purpose, | 21 | | the election authority may establish an
election precinct | 22 | | constituting a single municipality of under 500
population for | 23 | | all elections, notwithstanding the minimum precinct size
| 24 | | otherwise specified herein.
| 25 | | Notwithstanding the above, when there
are no more than 50 | 26 | | registered voters in a precinct who are entitled to
vote in a |
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| 1 | | local government or school district election, the election
| 2 | | authority having
jurisdiction over the precinct
is authorized | 3 | | to reassign such voters to one or more polling
places in | 4 | | adjacent precincts, within or without the
election authority's | 5 | | jurisdiction, for that
election. For the purposes of such | 6 | | local government or school district
election only, the votes | 7 | | of the reassigned voters shall be tallied and
canvassed as | 8 | | votes from the precinct of the polling place to which such
| 9 | | voters have been reassigned. The election authority having
| 10 | | jurisdiction over the precinct shall approve all | 11 | | administrative and polling
place procedures.
Such procedures | 12 | | shall take into account voter convenience, and ensure that the
| 13 | | integrity of the election process is maintained and that the | 14 | | secrecy of the
ballot is not violated.
| 15 | | Except in the event of a fire, flood or total loss of heat | 16 | | in a place
fixed or established by any county board or election | 17 | | authority pursuant to
this Section as a polling place for an | 18 | | election, no election authority
shall change the location of a | 19 | | polling place so established for any
precinct after notice of | 20 | | the place of holding the election for that
precinct has been | 21 | | given as required under Article 12 unless the election
| 22 | | authority notifies all registered voters in the precinct of | 23 | | the change in
location by first class mail in sufficient time | 24 | | for such notice to be
received by the registered voters in the | 25 | | precinct at least one day prior to
the date of the election.
| 26 | | The provisions of this Section apply to all precincts, |
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| 1 | | including
those where voting machines or electronic voting | 2 | | systems are used.
| 3 | | (Source: P.A. 102-668, eff. 11-15-21.)
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