Full Text of HB2541 98th General Assembly
HB2541 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2541 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/11-2 | from Ch. 46, par. 11-2 | 10 ILCS 5/11-3 | from Ch. 46, par. 11-3 | 10 ILCS 5/11-5 | from Ch. 46, par. 11-5 |
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Amends the Election Code. Provides that each election precinct shall contain 1,200 voters (now, 500 voters in counties, 600 voters in a municipality with a board of election commissioners and fewer than 500,000 inhabitants, or 400 voters in a municipality with a board of election commissioners and more than 500,000 inhabitants). Provides that, in a city with fewer than 500,000 inhabitants, if any election precinct casts more than 1,500 votes (now, 800 votes) at 2 consecutive general elections, the state's attorney shall apply to the Circuit Court to compel the board to divide the precinct. Provides that, in a city with more than 500,000 inhabitants, if any election precinct casts more than 1,200 votes (now, 600 votes) at 2 consecutive general elections, the state's attorney shall apply to the Circuit Court to compel the board to divide the precinct. 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, 11-3, and 11-5 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
1,500 800 voters, into | 11 | | election districts so that each district shall contain,
as near | 12 | | as may be practicable, 1,200 500 voters, and not more in any | 13 | | case than
1,300 800 . Whenever the County Board ascertains that | 14 | | any election precinct
contains more than 1,300 600 registered | 15 | | voters, it may divide such precinct,
at its regular meeting in | 16 | | June, into election precincts so that each
precinct shall | 17 | | contain, as nearly as may be practicable, 1,200 500 voters. | 18 | | Insofar as
is practicable, each precinct shall be situated | 19 | | within a single congressional,
legislative and representative | 20 | | district and in not more than one County Board
district and one | 21 | | municipal ward. In order to situate each precinct within a
| 22 | | single district or ward, the County Board shall change the | 23 | | boundaries of
election precincts after each decennial census as |
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| 1 | | soon as is practicable
following the completion of | 2 | | congressional and legislative redistricting.
In determining | 3 | | whether a division of precincts should be
made, the county | 4 | | board may anticipate increased voter registration in
any | 5 | | precinct in which there is in progress new construction of | 6 | | dwelling
units which will be occupied by voters more than 30 | 7 | | days before the next
election. Each district shall be composed | 8 | | of contiguous territory in as
compact form as can be for the | 9 | | convenience of the electors voting
therein. The several county | 10 | | boards in establishing districts shall
describe them by metes | 11 | | and bounds and number them. And so often
thereafter as it shall | 12 | | appear by the number of votes cast at the general
election held | 13 | | in November of any year, that any election district or
| 14 | | undivided election precinct contains more than 1,500 800 | 15 | | voters, the County
Board of the county in which the district or | 16 | | precinct may be, shall at
its regular meeting in June, or an | 17 | | adjourned meeting in July next, after
such November election, | 18 | | redivide or readjust such election district or
election | 19 | | precinct, so that no district or election precinct shall
| 20 | | contain more than the number of votes above specified. If for | 21 | | any reason
the County Board fails in any year to redivide or | 22 | | readjust the election
districts or election precinct, then the | 23 | | districts or precincts as then
existing shall continue until | 24 | | the next regular June meeting of the
County Board; at which | 25 | | regular June meeting or an adjourned meeting in
July the County | 26 | | Board shall redivide or readjust the election districts
or |
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| 1 | | election precincts in manner as herein required. When at any | 2 | | meeting
of the County Board any redivision, readjustment or | 3 | | change in name or
number of election districts or election | 4 | | precincts is made by the County
Board, the County Clerk shall | 5 | | immediately notify the State Board of
Elections of such | 6 | | redivision, readjustment or change. The County Board
in every | 7 | | case shall fix and establish the places for holding elections
| 8 | | in its respective county and all elections shall be held at the | 9 | | places
so fixed. The polling places shall in all cases be upon | 10 | | the ground floor
in the front room, the entrance to which is in | 11 | | a highway or public
street which is at least 40 feet wide, and | 12 | | is as near the center of the
voting population of the precinct | 13 | | as is practicable, and for the
convenience of the greatest | 14 | | number of electors to vote thereat;
provided, however, where | 15 | | the County Board is unable to secure a suitable
polling place | 16 | | within the boundaries of a precinct, it may select a
polling | 17 | | place at the most conveniently located suitable place outside
| 18 | | the precinct; but in no case shall an election be held in any | 19 | | room used
or occupied as a saloon, dramshop, bowling alley or | 20 | | as a place of resort
for idlers and disreputable persons, | 21 | | billiard hall or in any room
connected therewith by doors or | 22 | | hallways. No person shall be permitted
to vote at any election | 23 | | except at the polling place for the precinct in
which he | 24 | | resides, except as otherwise provided in this Section or | 25 | | Article 19 of this
Act. In counties having a population of | 26 | | 3,000,000 inhabitants or over
the County Board shall divide its |
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| 1 | | election precincts and shall fix and
establish places for | 2 | | holding elections as hereinbefore provided during
the month of | 3 | | January instead of at its regular meeting in June or at an
| 4 | | adjourned meeting in July.
| 5 | | However, in the event that additional divisions of election | 6 | | precincts
are indicated after a division made by the County | 7 | | Board in the month of
January, such additional divisions may be | 8 | | made by the County Board in
counties having a population of | 9 | | 3,000,000 inhabitants or over, at the
regular meeting in June | 10 | | or at adjourned meeting in July. The county
board of such | 11 | | county may divide or readjust precincts at any meeting of
the | 12 | | county board when the voter registration in a precinct has | 13 | | increased
beyond 1,500 800 and an election is scheduled before | 14 | | the next regular January
or June meeting of the county board.
| 15 | | When in any city, village or incorporated town territory | 16 | | has been
annexed thereto or disconnected therefrom, which | 17 | | annexation or
disconnection becomes effective after election | 18 | | precincts or election
districts have been established as above | 19 | | provided in this Section, the
clerk of the municipality shall | 20 | | inform the county clerk thereof as
provided in Section 4-21, | 21 | | 5-28.1, or 6-31.1, whichever is applicable. In
the event that a | 22 | | regular meeting of the County Board is to be held after
such | 23 | | notification and before any election, the County Board shall, | 24 | | at
its next regular meeting establish new election precinct | 25 | | lines in
affected territory. In the event that no regular | 26 | | meeting of the County
Board is to be held before such election |
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| 1 | | the county clerk shall, within
5 days after being so informed, | 2 | | call a special meeting of the county
board on a day fixed by | 3 | | him not more than 20 days thereafter for the
purpose of | 4 | | establishing election precincts or election districts in the
| 5 | | affected territory for the ensuing elections.
| 6 | | At any consolidated primary or consolidated election at | 7 | | which
municipal officers are to be elected, and at any | 8 | | emergency referendum at
which a public question relating to a | 9 | | municipality is to be voted on,
notwithstanding any other | 10 | | provision of this Code, the election authority
shall establish | 11 | | a polling place within such municipality, upon the request
of | 12 | | the municipal council or board of trustees at least 60 days | 13 | | before the
election and provided that the municipality provides | 14 | | a suitable polling
place. To accomplish this purpose, the | 15 | | election authority may establish an
election precinct | 16 | | constituting a single municipality of under 500
population for | 17 | | all elections, notwithstanding the minimum precinct size
| 18 | | otherwise specified herein.
| 19 | | Notwithstanding the above, when there
are no more than 50 | 20 | | registered voters in a precinct who are entitled to
vote in a | 21 | | local government or school district election, the election
| 22 | | authority having
jurisdiction over the precinct
is authorized | 23 | | to reassign such voters to one or more polling
places in | 24 | | adjacent precincts, within or without the
election authority's | 25 | | jurisdiction, for that
election. For the purposes of such local | 26 | | government or school district
election only, the votes of the |
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| 1 | | reassigned voters shall be tallied and
canvassed as votes from | 2 | | the precinct of the polling place to which such
voters have | 3 | | been reassigned. The election authority having
jurisdiction | 4 | | over the precinct shall approve all administrative and polling
| 5 | | place procedures.
Such procedures shall take into account voter | 6 | | convenience, and ensure that the
integrity of the election | 7 | | process is maintained and that the secrecy of the
ballot is not | 8 | | violated.
| 9 | | Except in the event of a fire, flood or total loss of heat | 10 | | in a place
fixed or established by any county board or election | 11 | | authority pursuant to
this Section as a polling place for an | 12 | | election, no election authority
shall change the location of a | 13 | | polling place so established for any
precinct after notice of | 14 | | the place of holding the election for that
precinct has been | 15 | | given as required under Article 12 unless the election
| 16 | | authority notifies all registered voters in the precinct of the | 17 | | change in
location by first class mail in sufficient time for | 18 | | such notice to be
received by the registered voters in the | 19 | | precinct at least one day prior to
the date of the election.
| 20 | | The provisions of this Section apply to all precincts, | 21 | | including
those where voting machines or electronic voting | 22 | | systems are used.
| 23 | | (Source: P.A. 86-867.)
| 24 | | (10 ILCS 5/11-3) (from Ch. 46, par. 11-3)
| 25 | | Sec. 11-3.
It shall be the duty of the Board of |
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| 1 | | Commissioners
established by Article 6 of this Act, within 2 | 2 | | months after its first
organization, to divide the city, | 3 | | village or incorporated town which may
adopt or is operating | 4 | | under Article 6, into election precincts, each of
which shall | 5 | | be situated within a single congressional, legislative
and | 6 | | representative district insofar as
is practicable and in not | 7 | | more than one County Board district and one
municipal ward;
in | 8 | | order to situate each precinct within a single district or | 9 | | ward, the
Board of Election Commissioners shall change the | 10 | | boundaries of election
precincts after each
decennial census as | 11 | | soon as is practicable following the completion of
| 12 | | congressional and legislative redistricting
and such precincts
| 13 | | shall contain as nearly as practicable 1,200 600 qualified | 14 | | voters, and in
making such division and establishing such | 15 | | precincts such board shall
take as a basis the poll books, or | 16 | | the number of votes cast at the
previous presidential election. | 17 | | Within 90 days after each presidential
election, such board in | 18 | | a city with fewer than 500,000 inhabitants, village
or | 19 | | incorporated town shall revise and rearrange such precincts on | 20 | | the
basis of the votes cast at such election, making such | 21 | | precincts to
contain, as near as practicable, 1,200 600 actual | 22 | | voters; but at any time in
all instances where the vote cast at | 23 | | any precinct, at any election,
equals 1,500 800 , there must be | 24 | | a rearrangement so as to reduce the vote to
the standard of | 25 | | 1,200 600 as near as may be. However, any apartment building
in | 26 | | which more than 1,200 800 registered voters reside may be made |
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| 1 | | a single
precinct even though the vote in such precinct exceeds | 2 | | 1,200 800 .
Within 90 days after each presidential election, a | 3 | | board in a city with
more than 500,000 inhabitants shall revise | 4 | | and rearrange such precincts on
the basis of the votes cast at | 5 | | such election, making such precincts to
contain, as near as | 6 | | practicable, 1,200 400 actual voters; but at any time in all
| 7 | | instances where the vote cast at any precinct, at any election, | 8 | | equals 1,500 600 ,
there must be a rearrangement so as to reduce | 9 | | the vote to the standard of
1,200 400 as near as may be. | 10 | | However, any apartment building in which more than
1,200 600 | 11 | | registered voters reside may be made a single precinct even | 12 | | though the
vote in such precinct exceeds 1,200 600 .
| 13 | | Immediately after the annexation of territory to the city, | 14 | | village or
incorporated town becomes effective the Board of | 15 | | Election Commissioners
shall revise and rearrange election | 16 | | precincts therein to include such
annexed territory.
| 17 | | Provided, however, that at any election where but one | 18 | | candidate is
nominated and is to be voted upon at any election | 19 | | held in any political
subdivision of a city, village or | 20 | | incorporated town, the Board of
Election Commissioners shall | 21 | | have the power in such political
subdivision to determine the | 22 | | number of voting precincts to be
established in such political | 23 | | subdivision at such election, without
reference to the number | 24 | | of qualified voters therein. The precincts in
each ward, | 25 | | village or incorporated town shall be numbered from one
| 26 | | upwards, consecutively, with no omission.
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| 1 | | The provisions of this Section apply to all precincts, | 2 | | including
those where voting machines or electronic voting | 3 | | systems are used.
| 4 | | (Source: P.A. 84-1308.)
| 5 | | (10 ILCS 5/11-5) (from Ch. 46, par. 11-5)
| 6 | | Sec. 11-5.
If any election district or precinct subject to | 7 | | the
jurisdiction of a county
board or a board of election | 8 | | commissioners in a city with fewer than
500,000 inhabitants, | 9 | | village or incorporated town casts more than 1,500 800 votes
| 10 | | each at two consecutive general November
elections for State | 11 | | officers, the state's attorney, upon
the request of an elector | 12 | | in any such district or precinct, shall apply to
the Circuit | 13 | | Court for relief by mandamus to compel the
appropriate board to
| 14 | | divide such district or precinct as required by law. Any relief | 15 | | so granted
shall not apply to any election occurring within 60 | 16 | | days thereafter.
If any election precinct subject to the | 17 | | jurisdiction of a board of
election commissioners in a city | 18 | | with more than 500,000
inhabitants casts more than 1,200 600 | 19 | | votes at each of the two consecutive general
November elections | 20 | | for State officers, the state's
attorney, upon the request of | 21 | | an elector in any such precinct,
shall apply to the Circuit | 22 | | Court for relief by mandamus to compel the
appropriate board to | 23 | | divide such precinct as required by law.
Any relief so granted | 24 | | shall not apply to any election occurring within 60
days | 25 | | thereafter.
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| 1 | | (Source: P.A. 84-323.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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