Full Text of HB4866 100th General Assembly
HB4866 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4866 Introduced , by Rep. David S. Olsen SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/11-1 | from Ch. 46, par. 11-1 | 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 |
|
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. Provides that in counties not under township organization, the election precincts shall remain as now established until changed by the Board of County Commissioners, but said County Board may change (rather than, may, from time to time, change) the boundaries of election precincts and establish new ones, but only to the extent a significant shift in voter population has occurred. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB4866 | | LRB100 20189 MJP 35474 b |
|
| 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 11-1, 11-2, 11-3, and 11-5 as follows:
| 6 | | (10 ILCS 5/11-1) (from Ch. 46, par. 11-1)
| 7 | | Sec. 11-1.
In counties not under township organization, the | 8 | | election
precincts shall remain as now established until | 9 | | changed by the Board of
County Commissioners, but said County | 10 | | Board may, from time to time,
change the boundaries of election | 11 | | precincts and establish new ones , but only to the extent a | 12 | | significant shift in voter population has occurred . In
counties | 13 | | under township organization, each town shall constitute at
| 14 | | least one election precinct. Insofar as is practicable, each | 15 | | precinct
shall be situated within a single congressional, | 16 | | legislative and
representative district and within a single | 17 | | municipal ward.
In order to situate each precinct within a | 18 | | single district or ward, the
County Board shall change the | 19 | | boundaries of election precincts after each
decennial census as | 20 | | soon as is practicable following the completion of
| 21 | | congressional and legislative redistricting.
| 22 | | At any consolidated primary or consolidated election at | 23 | | which
municipal officers are to be elected, and at any |
| | | HB4866 | - 2 - | LRB100 20189 MJP 35474 b |
|
| 1 | | emergency referendum at
which a public question relating to a | 2 | | municipality is to be voted on,
notwithstanding any other | 3 | | provision of this Code, the election authority
shall establish | 4 | | a polling place within such municipality upon the request
of | 5 | | the municipal council or board of trustees at least 60 days | 6 | | before the
election and provided that the municipality
provides | 7 | | a suitable polling place. To accomplish
this purpose, the | 8 | | election authority may establish an election precinct
| 9 | | constituting a single municipality of under 500 population for | 10 | | all
elections, notwithstanding the minimum precinct size | 11 | | otherwise specified
herein.
| 12 | | Notwithstanding the above, when there
are not more than 50 | 13 | | registered voters in a precinct who are entitled to
vote in a | 14 | | local government or school district election, the election
| 15 | | authority having jurisdiction
over the precinct
is authorized | 16 | | to reassign such voters to one or more
polling places in | 17 | | adjacent precincts, within or
without the election authority's | 18 | | jurisdiction, for that
election. For the purposes of such local | 19 | | government or school district
election only, the votes of the | 20 | | reassigned voters shall be tallied and
canvassed as votes from | 21 | | the precinct of the polling place to which such
voters have | 22 | | been reassigned. The election authority having
jurisdiction | 23 | | over the precinct shall approve all administrative and polling
| 24 | | place procedures.
Such procedures shall take into account voter | 25 | | convenience, and ensure that the
integrity of the election | 26 | | process is maintained and that the secrecy of the
ballot is not |
| | | HB4866 | - 3 - | LRB100 20189 MJP 35474 b |
|
| 1 | | violated.
| 2 | | Except in the event of a fire, flood or total loss of heat | 3 | | in a place
fixed or established by any election authority | 4 | | pursuant to this Section as
a polling place for an election, no | 5 | | election authority shall change the
location of a polling place | 6 | | so established for any precinct after notice of
the place of | 7 | | holding the election for that precinct has been given as
| 8 | | required under Article 12 unless the election authority | 9 | | notifies all
registered voters in the precinct of the change in | 10 | | location by first class
mail in sufficient time for such notice | 11 | | to be received by the registered
voters in the precinct at | 12 | | least one day prior to the date of the election.
| 13 | | The provisions of this Section apply to all precincts, | 14 | | including
those where voting machines or electronic voting | 15 | | systems are used.
| 16 | | If, as a result of the redistricting of legislative, | 17 | | representative, or
congressional districts following a | 18 | | decennial census, there exists a census
block with only one | 19 | | voter that is the only census block in a precinct that is
in a | 20 | | legislative, representative, or congressional district, then | 21 | | the county
board, at any meeting of the county board, may | 22 | | change the precinct boundaries
so that the census block is | 23 | | within a precinct that has more than one voter in
the | 24 | | legislative, representative, or congressional district.
| 25 | | (Source: P.A. 88-525.)
|
| | | HB4866 | - 4 - | LRB100 20189 MJP 35474 b |
|
| 1 | | (10 ILCS 5/11-2) (from Ch. 46, par. 11-2)
| 2 | | Sec. 11-2.
The County Board in each county, except in | 3 | | counties having
a population of 3,000,000 inhabitants or over, | 4 | | shall, at its regular
meeting in June, divide its election | 5 | | precincts which contain more than
1,500 800 voters, into | 6 | | election districts so that each district shall contain,
as near | 7 | | as may be practicable, 1,200 500 voters, and not more in any | 8 | | case than
1,300 800 . Whenever the County Board ascertains that | 9 | | any election precinct
contains more than 1,300 600 registered | 10 | | voters, it may divide such precinct,
at its regular meeting in | 11 | | June, into election precincts so that each
precinct shall | 12 | | contain, as nearly as may be practicable, 1,200 500 voters. | 13 | | Insofar as
is practicable, each precinct shall be situated | 14 | | within a single congressional,
legislative and representative | 15 | | district 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 as | 19 | | soon as is practicable
following the completion of | 20 | | congressional and legislative redistricting.
In determining | 21 | | whether a division of precincts should be
made, the county | 22 | | board may anticipate increased voter registration in
any | 23 | | precinct in which there is in progress new construction of | 24 | | dwelling
units which will be occupied by voters more than 30 | 25 | | days before the next
election. Each district shall be composed | 26 | | of contiguous territory in as
compact form as can be for the |
| | | HB4866 | - 5 - | LRB100 20189 MJP 35474 b |
|
| 1 | | convenience of the electors voting
therein. The several county | 2 | | boards in establishing districts shall
describe them by metes | 3 | | and bounds and number them. And so often
thereafter as it shall | 4 | | appear by the number of votes cast at the general
election held | 5 | | in November of any year, that any election district or
| 6 | | undivided election precinct contains more than 1,500 800 | 7 | | voters, the County
Board of the county in which the district or | 8 | | precinct may be, shall at
its regular meeting in June, or an | 9 | | adjourned meeting in July next, after
such November election, | 10 | | redivide or readjust such election district or
election | 11 | | precinct, so that no district or election precinct shall
| 12 | | contain more than the number of votes above specified. If for | 13 | | any reason
the County Board fails in any year to redivide or | 14 | | readjust the election
districts or election precinct, then the | 15 | | districts or precincts as then
existing shall continue until | 16 | | the next regular June meeting of the
County Board; at which | 17 | | regular June meeting or an adjourned meeting in
July the County | 18 | | Board shall redivide or readjust the election districts
or | 19 | | election precincts in manner as herein required. When at any | 20 | | meeting
of the County Board any redivision, readjustment or | 21 | | change in name or
number of election districts or election | 22 | | precincts is made by the County
Board, the County Clerk shall | 23 | | immediately notify the State Board of
Elections of such | 24 | | redivision, readjustment or change. The County Board
in every | 25 | | case shall fix and establish the places for holding elections
| 26 | | in its respective county and all elections shall be held at the |
| | | HB4866 | - 6 - | LRB100 20189 MJP 35474 b |
|
| 1 | | places
so fixed. The polling places shall in all cases be upon | 2 | | the ground floor
in the front room, the entrance to which is in | 3 | | a highway or public
street which is at least 40 feet wide, and | 4 | | is as near the center of the
voting population of the precinct | 5 | | as is practicable, and for the
convenience of the greatest | 6 | | number of electors to vote thereat;
provided, however, where | 7 | | the County Board is unable to secure a suitable
polling place | 8 | | within the boundaries of a precinct, it may select a
polling | 9 | | place at the most conveniently located suitable place outside
| 10 | | the precinct; but in no case shall an election be held in any | 11 | | room used
or occupied as a saloon, dramshop, bowling alley or | 12 | | as a place of resort
for idlers and disreputable persons, | 13 | | billiard hall or in any room
connected therewith by doors or | 14 | | hallways. No person shall be permitted
to vote at any election | 15 | | except at the polling place for the precinct in
which he | 16 | | resides, except as otherwise provided in this Section or | 17 | | Article 19 of this
Act. In counties having a population of | 18 | | 3,000,000 inhabitants or over
the County Board shall divide its | 19 | | election precincts and shall fix and
establish places for | 20 | | holding elections as hereinbefore provided during
the month of | 21 | | January instead of at its regular meeting in June or at an
| 22 | | adjourned meeting in July.
| 23 | | However, in the event that additional divisions of election | 24 | | precincts
are indicated after a division made by the County | 25 | | Board in the month of
January, such additional divisions may be | 26 | | made by the County Board in
counties having a population of |
| | | HB4866 | - 7 - | LRB100 20189 MJP 35474 b |
|
| 1 | | 3,000,000 inhabitants or over, at the
regular meeting in June | 2 | | or at adjourned meeting in July. The county
board of such | 3 | | county may divide or readjust precincts at any meeting of
the | 4 | | county board when the voter registration in a precinct has | 5 | | increased
beyond 1,500 800 and an election is scheduled before | 6 | | the next regular January
or June meeting of the county board.
| 7 | | When in any city, village or incorporated town territory | 8 | | has been
annexed thereto or disconnected therefrom, which | 9 | | annexation or
disconnection becomes effective after election | 10 | | precincts or election
districts have been established as above | 11 | | provided in this Section, the
clerk of the municipality shall | 12 | | inform the county clerk thereof as
provided in Section 4-21, | 13 | | 5-28.1, or 6-31.1, whichever is applicable. In
the event that a | 14 | | regular meeting of the County Board is to be held after
such | 15 | | notification and before any election, the County Board shall, | 16 | | at
its next regular meeting establish new election precinct | 17 | | lines in
affected territory. In the event that no regular | 18 | | meeting of the County
Board is to be held before such election | 19 | | the county clerk shall, within
5 days after being so informed, | 20 | | call a special meeting of the county
board on a day fixed by | 21 | | him not more than 20 days thereafter for the
purpose of | 22 | | establishing election precincts or election districts in the
| 23 | | affected territory for the ensuing elections.
| 24 | | At any consolidated primary or consolidated election at | 25 | | which
municipal officers are to be elected, and at any | 26 | | emergency referendum at
which a public question relating to a |
| | | HB4866 | - 8 - | LRB100 20189 MJP 35474 b |
|
| 1 | | municipality is to be voted on,
notwithstanding any other | 2 | | provision of this Code, the election authority
shall establish | 3 | | a polling place within such municipality, upon the request
of | 4 | | the municipal council or board of trustees at least 60 days | 5 | | before the
election and provided that the municipality provides | 6 | | a suitable polling
place. To accomplish this purpose, the | 7 | | election authority may establish an
election precinct | 8 | | constituting a single municipality of under 500
population for | 9 | | all elections, notwithstanding the minimum precinct size
| 10 | | otherwise specified herein.
| 11 | | Notwithstanding the above, when there
are no more than 50 | 12 | | registered voters in a precinct who are entitled to
vote in a | 13 | | local government or school district election, the election
| 14 | | authority having
jurisdiction over the precinct
is authorized | 15 | | to reassign such voters to one or more polling
places in | 16 | | adjacent precincts, within or without the
election authority's | 17 | | jurisdiction, for that
election. For the purposes of such local | 18 | | government or school district
election only, the votes of the | 19 | | reassigned voters shall be tallied and
canvassed as votes from | 20 | | the precinct of the polling place to which such
voters have | 21 | | been reassigned. The election authority having
jurisdiction | 22 | | over the precinct shall approve all administrative and polling
| 23 | | place procedures.
Such procedures shall take into account voter | 24 | | convenience, and ensure that the
integrity of the election | 25 | | process is maintained and that the secrecy of the
ballot is not | 26 | | violated.
|
| | | HB4866 | - 9 - | LRB100 20189 MJP 35474 b |
|
| 1 | | Except in the event of a fire, flood or total loss of heat | 2 | | in a place
fixed or established by any county board or election | 3 | | authority pursuant to
this Section as a polling place for an | 4 | | election, no election authority
shall change the location of a | 5 | | polling place so established for any
precinct after notice of | 6 | | the place of holding the election for that
precinct has been | 7 | | given as required under Article 12 unless the election
| 8 | | authority notifies all registered voters in the precinct of the | 9 | | change in
location by first class mail in sufficient time for | 10 | | such notice to be
received by the registered voters in the | 11 | | precinct at least one day prior to
the date of the election.
| 12 | | The provisions of this Section apply to all precincts, | 13 | | including
those where voting machines or electronic voting | 14 | | systems are used.
| 15 | | (Source: P.A. 86-867.)
| 16 | | (10 ILCS 5/11-3) (from Ch. 46, par. 11-3)
| 17 | | Sec. 11-3.
It shall be the duty of the Board of | 18 | | Commissioners
established by Article 6 of this Act, within 2 | 19 | | months after its first
organization, to divide the city, | 20 | | village or incorporated town which may
adopt or is operating | 21 | | under Article 6, into election precincts, each of
which shall | 22 | | be situated within a single congressional, legislative
and | 23 | | representative district insofar as
is practicable and in not | 24 | | more than one County Board district and one
municipal ward;
in | 25 | | order to situate each precinct within a single district or |
| | | HB4866 | - 10 - | LRB100 20189 MJP 35474 b |
|
| 1 | | ward, the
Board of Election Commissioners shall change the | 2 | | boundaries of election
precincts after each
decennial census as | 3 | | soon as is practicable following the completion of
| 4 | | congressional and legislative redistricting
and such precincts
| 5 | | shall contain as nearly as practicable 1,200 600 qualified | 6 | | voters, and in
making such division and establishing such | 7 | | precincts such board shall
take as a basis the poll books, or | 8 | | the number of votes cast at the
previous presidential election. | 9 | | Within 90 days after each presidential
election, such board in | 10 | | a city with fewer than 500,000 inhabitants, village
or | 11 | | incorporated town shall revise and rearrange such precincts on | 12 | | the
basis of the votes cast at such election, making such | 13 | | precincts to
contain, as near as practicable, 1,200 600 actual | 14 | | voters; but at any time in
all instances where the vote cast at | 15 | | any precinct, at any election,
equals 1,500 800 , there must be | 16 | | a rearrangement so as to reduce the vote to
the standard of | 17 | | 1,200 600 as near as may be. However, any apartment building
in | 18 | | which more than 1,200 800 registered voters reside may be made | 19 | | a single
precinct even though the vote in such precinct exceeds | 20 | | 1,200 800 .
Within 90 days after each presidential election, a | 21 | | board in a city with
more than 500,000 inhabitants shall revise | 22 | | and rearrange such precincts on
the basis of the votes cast at | 23 | | such election, making such precincts to
contain, as near as | 24 | | practicable, 1,200 400 actual voters; but at any time in all
| 25 | | instances where the vote cast at any precinct, at any election, | 26 | | equals 1,500 600 ,
there must be a rearrangement so as to reduce |
| | | HB4866 | - 11 - | LRB100 20189 MJP 35474 b |
|
| 1 | | the vote to the standard of
1,200 400 as near as may be. | 2 | | However, any apartment building in which more than
1,200 600 | 3 | | registered voters reside may be made a single precinct even | 4 | | though the
vote in such precinct exceeds 1,200 600 .
| 5 | | Immediately after the annexation of territory to the city, | 6 | | village or
incorporated town becomes effective the Board of | 7 | | Election Commissioners
shall revise and rearrange election | 8 | | precincts therein to include such
annexed territory.
| 9 | | Provided, however, that at any election where but one | 10 | | candidate is
nominated and is to be voted upon at any election | 11 | | held in any political
subdivision of a city, village or | 12 | | incorporated town, the Board of
Election Commissioners shall | 13 | | have the power in such political
subdivision to determine the | 14 | | number of voting precincts to be
established in such political | 15 | | subdivision at such election, without
reference to the number | 16 | | of qualified voters therein. The precincts in
each ward, | 17 | | village or incorporated town shall be numbered from one
| 18 | | upwards, consecutively, with no omission.
| 19 | | The provisions of this Section apply to all precincts, | 20 | | including
those where voting machines or electronic voting | 21 | | systems are used.
| 22 | | (Source: P.A. 84-1308.)
| 23 | | (10 ILCS 5/11-5) (from Ch. 46, par. 11-5)
| 24 | | Sec. 11-5.
If any election district or precinct subject to | 25 | | the
jurisdiction of a county
board or a board of election |
| | | HB4866 | - 12 - | LRB100 20189 MJP 35474 b |
|
| 1 | | commissioners in a city with fewer than
500,000 inhabitants, | 2 | | village or incorporated town casts more than 1,500 800 votes
| 3 | | each at two consecutive general November
elections for State | 4 | | officers, the state's attorney, upon
the request of an elector | 5 | | in any such district or precinct, shall apply to
the Circuit | 6 | | Court for relief by mandamus to compel the
appropriate board to
| 7 | | divide such district or precinct as required by law. Any relief | 8 | | so granted
shall not apply to any election occurring within 60 | 9 | | days thereafter.
If any election precinct subject to the | 10 | | jurisdiction of a board of
election commissioners in a city | 11 | | with more than 500,000
inhabitants casts more than 1,200 600 | 12 | | votes at each of the two consecutive general
November elections | 13 | | for State officers, the state's
attorney, upon the request of | 14 | | an elector in any such precinct,
shall apply to the Circuit | 15 | | Court for relief by mandamus to compel the
appropriate board to | 16 | | divide such precinct as required by law.
Any relief so granted | 17 | | shall not apply to any election occurring within 60
days | 18 | | thereafter.
| 19 | | (Source: P.A. 84-323.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
|
|