Full Text of HB4143 97th General Assembly
HB4143 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4143 Introduced 1/30/2012, by Rep. Jehan A. Gordon 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 |
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Amends the Election Code. Permits the establishment of a county board of election commissioners, by referendum initiated by the county board, in a county with a population of less than 200,000 but more than 175,000 persons that has a municipality with a municipal board of election commissioners. Provides that, upon the opening of the office of county board of election commissioners, the county clerk and any municipal board of election commissioners in the county shall turn over to the county board any unused appropriations related to elections or the holding of elections in the county. Provides that a county board of election commissioners that supersedes a municipal board of election commissioners shall be composed of 5 members appointed by the circuit court of the county, at least 2 members shall reside in the municipality and shall be selected from the 2 leading political parties of the State, and at least 2 members shall reside outside of the municipality but within the county and shall be selected from the 2 leading political parties of the State. Provides that the annual budget of a county board of election commissioners shall be determined by the county board of that county. Effective immediately.
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| | A BILL FOR |
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| | | HB4143 | | LRB097 17395 PJG 62597 b |
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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 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 |
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| 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 |
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| 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-1, 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.)
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| 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-1, the board | 24 | | of election commissioners shall be composed of 5 members | 25 | | appointed by the circuit court of the county, at least 2 |
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| 1 | | members shall reside in the municipality that had a board of | 2 | | election commissioners superseded by subsection (b) of Section | 3 | | 6A-1 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 shall be determined by the county board | 18 | | of that county. However, the
county board, in fixing the | 19 | | compensation of the members of the county
board of election | 20 | | commissioners and of the executive director and assistant
| 21 | | executive director, is not subject to the limitations of | 22 | | Section 6-70 and may
provide for either an annual salary or a | 23 | | per diem compensation.
| 24 | | (Source: P.A. 85-958.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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