(10 ILCS 5/14-5) (from Ch. 46, par. 14-5)
Sec. 14-5.
After the judges are selected and have agreed to serve as
provided in Sections 14-1 to 14-4, inclusive, then a report of such
selections shall be made and filed in the court, and application shall then
be made by the board to the circuit court for their confirmation and
appointment, whereupon the court shall enter an order that cause be shown,
if any exists, against the confirmation and appointment of such persons so
named, on or before the opening of the court on a day to be fixed by the
court. And the board of commissioners shall immediately give notice of such
order and the names of all such judges so reported to such court for
confirmation, and their residence and the precinct for which they were
selected, by causing a notice to be published in one or more
newspapers in
such city, village or incorporated town, and if no newspaper be published
in such city, village or incorporated town, then by posting such notice in
3 of the most public places in such city, village or town. The notice shall
state that a list of judges of election is available for public inspection in
the office of the election authority. If no cause
to the contrary is shown prior to the day fixed, and if, in each precinct,
at least one judge representing each of the two major political parties has
been certified by the board of commissioners as having satisfactorily
completed within the preceding 6 months the training course and examination
for judges of election, as provided in Section 14-4.1 of this Act such
appointments shall be confirmed by order entered by that court.
If in any precinct the requisite 2 judges have not been so certified by
the board of commissioners as having satisfactorily completed such course
and examination, the board of commissioners shall immediately notify all
judges in that precinct, to whose appointment there is no other objection,
that all such judges shall attend the next such course. The board of
commissioners shall then certify to the court that all such judges have
been so notified (and such certification need contain no detail other than
a mere recital). The appointment of such judges shall then be confirmed by
order entered by the court. If any judge so notified and so confirmed fails
to attend the next such course, such failure shall subject such judge to
possible removal from office at the option of the election authority.
If objections to the appointment of any such judge is filed prior to the
day fixed by the court for confirmation of judges, the court shall hear
such objections and the evidence introduced in support thereof, and shall
confirm or refuse to confirm such nominations, as the interests of the
public may require. No reasons may be given for the refusal to confirm. If
any vacancies exist by reason of the action of such board or otherwise, at
any time, the board of commissioners shall, subject to the provisions of
Section 14-3.2, further report and nominate persons to fill such vacancies
so existing in the manner aforesaid, and a court in the same way shall
consider such nominations and shall confirm or refuse to confirm the same
in the manner aforesaid. Upon the confirmation of such judges, at any time,
a commission shall issue to each of such judges, under the seal of such
court, and appropriate forms shall be prepared by the board of
commissioners for such purpose. After such confirmation and acceptance of
such commission, such judges shall thereupon become officers of such court.
If a vacancy occurs so late that application to and confirmation by the
court cannot be had before the election, then the board of commissioners
shall, subject to the provisions of Section 14-3.2, make an appointment and
issue a commission to such officer or officers, and when thus appointed
such officer shall be considered an officer of the court and subject to the
same rules and punishment, in case of misbehavior, as if confirmed by the
court, and any judge, however appointed, and at whatever time, shall be
considered an officer of court, and be subject to the same control and
punishment in case of misbehavior. Not more than 10 business days after the
day of election, the board of election commissioners shall compile a list
containing the name, address and party affiliation of each judge of
election who served on the day of election, and shall preserve such list
and make it available for public inspection and copying for a period of not
more than one year from the date of receipt of such list. Copies of such
list shall be available for purchase at a cost not to exceed the cost of
duplication. The board of commissioners has the right
at any time, in case of misbehavior or neglect of duty, to remove any judge
of election, and shall cause such vacancy to be filled in accordance with
this Act. Except for judges appointed under subsection (c) of Section 14-1,
the board has the right, at any time, to remove any judge of
election for failing to vote the primary ballot of the political party he
represents at a primary election at which he served as such judge, and
shall cause such vacancy to be filled in accordance with this Act.
The board shall remove any judge of election who, twice during the same
term of office, fails to provide for the opening of the polling place at
the time prescribed in Section 17-1 or Section 18-2, whichever is
applicable, unless such delay can be demonstrated
by the judge of election to be beyond his or her control. In the
event that any judge of election is removed for cause, the board shall
specify such cause in writing and make such writing a matter of public
record, with a copy to be sent to the appropriate county chair who made
the initial recommendation of the election judges. The judges of election
must be appointed and confirmed at least 35 days prior to the next
election.
If any vacancy shall occur or exist, more than 5 days before election
the judges appointed to such places must be confirmed by such court. Such
commissioners shall not voluntarily remove any judge within 5 days of such
election, except for flagrant misbehavior, incapacity or dishonesty, and
the reasons therefor must afterwards be reported in writing to such court
and made a matter of public record, with a copy to be sent to the
appropriate county chair who made the initial recommendation of the
election judge. If such removal be wilful and without cause, the
commissioners shall be punished for contempt of court and subject to
removal. The board of election commissioners shall have the power on
election day to remove without cause any judge of election appointed by the
other judges of election pursuant to Section 14-6 and to appoint another
judge of election to serve for that election. Such substitute judge of
election must be selected, where possible, pursuant to the provisions of
Section 14-3.2 and must be qualified in accordance with Section 14-1.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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