Full Text of HB4884 96th General Assembly
HB4884 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4884
Introduced 1/15/2010, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/1A-2 |
from Ch. 46, par. 1A-2 |
10 ILCS 5/1A-3 |
from Ch. 46, par. 1A-3 |
10 ILCS 5/1A-3.1 |
from Ch. 46, par. 1A-3.1 |
10 ILCS 5/1A-4 |
from Ch. 46, par. 1A-4 |
10 ILCS 5/1A-7 |
from Ch. 46, par. 1A-7 |
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Amends the Election Code. Adds 3 members to the State Board of Elections, to be appointed from political parties other than the 2 parties whose gubernatorial nominees received the highest and second highest number of votes in the most recent general election. Effective immediately.
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A BILL FOR
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HB4884 |
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LRB096 15871 JAM 31113 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 1A-2, 1A-3, 1A-3.1, 1A-4, and 1A-7 as follows:
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| (10 ILCS 5/1A-2) (from Ch. 46, par. 1A-2)
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| Sec. 1A-2.
The State Board of Elections shall consist of 11 | 8 |
| 8 members, 6 4 of whom shall
be residents of Cook County and 5 4 | 9 |
| of whom shall be residents of the State
outside of Cook County. | 10 |
| Of the 6 4 members from Cook County each area of required | 11 |
| residence , (i)
2 shall be affiliated with the same political | 12 |
| party as the Governor, (ii) and
2 shall be affiliated with the | 13 |
| political party whose nominee for Governor
in the most recent | 14 |
| general election received the second highest number of
votes , | 15 |
| and (iii) 2 shall be affiliated with a political party or | 16 |
| parties different than those represented by (i) and (ii). Of | 17 |
| the members from outside Cook County, (i) 2 shall be affiliated | 18 |
| with the same political party as the Governor, (ii) 2 shall be | 19 |
| affiliated with the political party whose nominee for Governor | 20 |
| in the most recent general election received the second highest | 21 |
| number of votes, and (iii) one shall be affiliated with a | 22 |
| political party different from those represented by (i) and | 23 |
| (ii) . Members shall be persons who have extensive knowledge of |
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HB4884 |
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LRB096 15871 JAM 31113 b |
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| the election
laws of this State.
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| (Source: P.A. 80-1178.)
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| (10 ILCS 5/1A-3) (from Ch. 46, par. 1A-3)
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| Sec. 1A-3.
Subject to the confirmation requirements of | 5 |
| Section 1A-4 and except as otherwise provided in this Section , | 6 |
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members of the State Board of Elections shall be appointed in | 7 |
| each odd-numbered
year as follows:
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| (1) The Governor shall appoint 2 members of the same | 9 |
| political party with
which he is affiliated, one from each area | 10 |
| of required residence.
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| (2) The Governor shall appoint 2 members of the political | 12 |
| party whose
candidate for Governor in the most recent general | 13 |
| election received the
second highest number of votes, one from | 14 |
| each area of required residence,
from a list of nominees | 15 |
| submitted by the first state executive officer in
the order | 16 |
| indicated herein affiliated with such political party: | 17 |
| Attorney
General, Secretary of State, Comptroller, and | 18 |
| Treasurer.
If none of the State executive officers listed | 19 |
| herein is affiliated with
such political party, the nominating | 20 |
| State officer shall be the first State
executive officer in the | 21 |
| order indicated herein affiliated with an
established | 22 |
| political party other than that of the Governor.
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| (2.5) Depending upon the number to be appointed, the | 24 |
| Governor shall appoint one or 2 members representing political | 25 |
| parties whose nominees for Governor did not receive the first |
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HB4884 |
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| or second highest number of votes, abiding by the residence | 2 |
| requirement, from lists of nominees submitted by each of the | 3 |
| first State executive officers in the order indicated in this | 4 |
| paragraph affiliated with the political parties whose nominees | 5 |
| for Governor at the most recent general election received at | 6 |
| least 5%, but not the first or second highest number, of the | 7 |
| votes: Attorney General, Secretary of State, Comptroller, and | 8 |
| Treasurer. | 9 |
| (3) Each The nominating state officer shall submit in | 10 |
| writing to the Governor
3 names of qualified persons for each | 11 |
| membership on the Board of Election to be
appointed from the | 12 |
| political party of that officer. The Governor may reject
any or | 13 |
| all of the nominees on any such list and may request an | 14 |
| additional
list. The second list shall be submitted by the | 15 |
| nominating officer and
shall contain 3 new names of qualified | 16 |
| persons for each remaining appointment,
except that if the | 17 |
| Governor expressly reserves any nominee's name from the
first | 18 |
| list, that nominee shall not be replaced on the second list. | 19 |
| The
second list shall be final.
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| (4) Whenever there is no State executive officer designated | 21 |
| in paragraph (2) or (2.5) affiliated with the political party | 22 |
| eligible for representation on the Board under that paragraph, | 23 |
| the member or members all the state executive officers | 24 |
| designated in paragraph
(2) are affiliated with the same | 25 |
| political party as that of the Governor,
all 4 members of the | 26 |
| Board to be appointed that year, from both designated
political |
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| parties, shall be appointed by the Governor without | 2 |
| nominations.
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| (5) The Governor shall submit in writing to the President | 4 |
| of the Senate
the name of each person appointed to the State | 5 |
| Board of Elections, and shall
designate the term for which the | 6 |
| appointment is made and , except in the case of the initial 3 | 7 |
| additional members appointed pursuant to paragraph (2.5), the | 8 |
| name of the
member whom the appointee is to succeed.
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| (6) The appointments shall be made and submitted by the | 10 |
| Governor no later
than April 1 and a nominating state officer | 11 |
| required to submit a list of
nominees to the Governor pursuant | 12 |
| to paragraph (3) shall submit a list no
later than March 1.
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| (7) The initial 3 additional members required by this | 14 |
| amendatory Act of the 96th General Assembly shall be appointed | 15 |
| by the Governor within 90 days after the effective date of the | 16 |
| amendatory Act from lists of nominees that shall be submitted | 17 |
| to the Governor as provided in paragraph (3) within 45 days | 18 |
| after the effective date of the amendatory Act. If the Senate | 19 |
| is in recess at the time of appointment, then the appointees | 20 |
| shall serve temporarily until the Senate acts upon those | 21 |
| appointments In the appointment of the initial members of the | 22 |
| Board pursuant to
this amendatory Act of 1978, the provisions | 23 |
| of paragraphs (1), (2), (3),
(5) and (6) of this Section shall | 24 |
| apply except that the Governor shall appoint
all 8 members, 2 | 25 |
| from each of the designated political parties from each
area of | 26 |
| required residence .
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HB4884 |
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| (Source: P.A. 85-958.)
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| (10 ILCS 5/1A-3.1) (from Ch. 46, par. 1A-3.1)
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| Sec. 1A-3.1. Terms. | 4 |
| Of the members initially appointed to the State Board of | 5 |
| Elections pursuant
to this amendatory Act of 1978, one member | 6 |
| affiliated with each political
party from each area of required | 7 |
| residence shall serve a term commencing
July 1, 1978 and ending | 8 |
| June 30, 1979, and the other initial members shall
serve terms | 9 |
| commencing July 1, 1978 and ending June 30, 1981.
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| (a) Notwithstanding any provision in this Section to the | 11 |
| contrary, the term
of office of each member of the State Board | 12 |
| of Elections is abolished on
the effective date of this | 13 |
| amendatory Act of 1985.
Subject to the confirmation | 14 |
| requirements of Section 1A-4, 8
members of the State Board of | 15 |
| Elections shall be appointed in accordance
with the provisions | 16 |
| of Section 1A-3, except that the Governor shall appoint
4 | 17 |
| members of the same political party with which he is affiliated | 18 |
| and 4
members of the political party whose candidate for | 19 |
| Governor in the most
recent general election received the | 20 |
| second highest number of votes and
except that a nominating | 21 |
| State officer shall submit to the Governor
his required list of | 22 |
| nominees within 15 days after the current terms of
office are | 23 |
| abolished and the Governor shall make appointments within 30
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| days after the current terms of office are abolished.
Of the | 25 |
| members initially appointed to the State Board of Elections |
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| pursuant to
this amendatory Act of 1985, one member affiliated | 2 |
| with each political
party for each area of required residence | 3 |
| shall serve a term commencing
July 1, 1985, and ending July 1, | 4 |
| 1987, and the other initial members shall
serve terms | 5 |
| commencing July 1, 1985, and ending July 1, 1989.
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| (b) Of the initial members appointed under paragraph (2.5) | 7 |
| of Section 3, one member shall serve a one-year term and 2 | 8 |
| shall serve 2-year terms as determined by lot, all terms | 9 |
| commencing on July 1, 2009 regardless of the date of actual | 10 |
| appointment. | 11 |
| (c) The terms of subsequent members of the State Board of | 12 |
| Elections shall be
4 years commencing on July 1 of the year in | 13 |
| which the appointments are made.
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| A member shall serve until his successor is duly appointed | 15 |
| and has qualified.
No appointee shall enter upon the duties of | 16 |
| his office until all members
required to be appointed in that | 17 |
| year have been confirmed by the Senate
by record vote pursuant | 18 |
| to Section 1A-4.
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| (Source: P.A. 84-115.)
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| (10 ILCS 5/1A-4) (from Ch. 46, par. 1A-4)
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| Sec. 1A-4.
All appointments of members to the State Board | 22 |
| of Elections
shall be subject to the advice and consent of the | 23 |
| Senate pursuant to this
Section. Appointments by the Governor | 24 |
| pursuant to paragraphs (1), (2) , (2.5), and
(7) of Section 1A-3 | 25 |
| shall require the advice and consent of a 3/5 vote of
the |
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| members elected to the Senate. Appointments by the Governor | 2 |
| pursuant
to paragraph (4) of Section 1A-3 shall require the | 3 |
| advice and consent of
a 2/3 vote of the members elected to the | 4 |
| Senate.
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| The Senate shall confirm or reject appointments within 30 | 6 |
| session days
or 60 calendar days after they are submitted by | 7 |
| the Governor, whichever
occurs first. Except in the case of | 8 |
| appointments to fill vacancies,
the confirmation time period | 9 |
| specified in this Section shall not commence
until all | 10 |
| appointments required to be made in that year have been | 11 |
| submitted
by the Governor.
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| (Source: P.A. 80-1178.)
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| (10 ILCS 5/1A-7) (from Ch. 46, par. 1A-7)
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| Sec. 1A-7.
The State Board of Elections shall meet at such | 15 |
| time or times as the
chairman or any 6 4 members shall direct, | 16 |
| but at least once per month.
Six Five members of the Board are | 17 |
| necessary to constitute a quorum and 6 5 votes
are necessary | 18 |
| for any action of the Board
to become effective, including the | 19 |
| appointment of the executive director, the
employment of | 20 |
| technical consultants and the employment of other persons.
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| If a quorum is present at a meeting of the Board, one of | 22 |
| the members
present may vote for the absent member pursuant to | 23 |
| a written proxy
signed by the absent member. A member voting by | 24 |
| proxy who is not in
attendance may not be counted towards the | 25 |
| presence of a quorum.
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HB4884 |
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| (Source: P.A. 80-1178.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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