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90_HB2827enr
10 ILCS 5/1-6
Amends the Election Code. Provides that when computing
the period in which an act must be performed and the first or
last day is a Saturday, Sunday, or State holiday, the period
extends through the next business day after that Saturday,
Sunday, or State holiday. Effective immediately.
LRB9009243JMdv
HB2827 Enrolled LRB9009243JMdv
1 AN ACT to amend the Election Code.
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 1-6, 13-3, 13-10, 13-11, 14-5, 17-30, 25-10, and
6 25-11 as follows:
7 (10 ILCS 5/1-6)
8 Sec. 1-6. Computing dates of various acts Filing and
9 registration dates; Saturday, Sunday, and holidays.
10 (a) If the first or last day fixed by law to do any act
11 required or allowed by this Code for the filing of petitions
12 or certificates of nomination or petitions of objection to
13 nominating papers, or the last day fixed by law for the close
14 of registration or the last day fixed by law for the filing
15 of certificates of withdrawal of candidacy or of reports by
16 political committees required under Article 9, falls on a
17 State holiday or a Saturday or a Sunday, the filing or
18 registration period shall extend through the first business
19 day next following the day otherwise fixed as the first or
20 last day for filing or the close of registration,
21 irrespective of whether any election authority or local
22 election official conducts business on the State holiday,
23 Saturday, or Sunday.
24 (b) For the purposes of this Section, "State holiday"
25 means New Year's Day, Dr. Martin Luther King, Jr.'s Birthday,
26 Lincoln's Birthday, President's Day, Casimir Pulaski's
27 Birthday, Good Friday, Memorial Day, Independence Day, Labor
28 Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas
29 Day, and any other day from time to time declared by the
30 President of the United States or the Governor of Illinois to
31 be a day during which the agencies of the State of Illinois
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1 that are ordinarily open to do business with the public shall
2 be closed for business.
3 (c) Notwithstanding any other provision of this Code,
4 nominating papers, petitions of objection to nominating
5 papers, certificates of withdrawal of candidacy, and reports
6 of political committees actually received by election
7 authorities and local election officials on a State holiday,
8 a Saturday, or a Sunday shall not be deemed invalid or
9 defective for that reason alone.
10 (Source: P.A. 89-653, eff. 8-14-96.)
11 (10 ILCS 5/13-3) (from Ch. 46, par. 13-3)
12 Sec. 13-3. After the judges of election have been
13 selected and approved as hereinbefore provided, a report of
14 such selections shall be made by the county board and filed
15 in the circuit court, and application shall then be made by
16 the county board to the court for their confirmation and
17 appointment, whereupon the court shall enter an order that
18 cause be shown, if any exists, against the confirmation and
19 appointment of such persons so named on or before the opening
20 of the court on a day to be fixed by the court. The county
21 board shall immediately give notice of such order and the
22 names of all such judges so reported to such court for
23 confirmation and their residence and the precinct for which
24 they were selected by causing a notice the same to be
25 published in one or more newspapers in the county and if no
26 newspaper be published therein then by posting such notice in
27 5 of the most public places in the county. The notice shall
28 state that a list of judges of election is available for
29 public inspection in the office of the election authority.,
30 and If no cause to the contrary is shown prior to the day
31 fixed, and if, in each precinct, at least one judge
32 representing each of the two major political parties has been
33 certified by the county clerk as having satisfactorily
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1 completed within the preceding 6 months the training course
2 and examination for judges of election, as provided in
3 Section 13-2.1 and 13-2.2 of this Act, such appointment shall
4 be confirmed by order entered by that court.
5 If in any precinct the requisite 2 judges have not been
6 so certified by the county clerk as having satisfactorily
7 completed such course and examination, the county clerk shall
8 immediately notify all judges in that precinct, to whose
9 appointment there is no other objection, that all such judges
10 shall attend the next such course. The county clerk shall
11 then certify to the court that all such judges have been so
12 notified (and such certification need contain no detail other
13 than a mere recital). The appointment of such judges shall
14 then be confirmed by order entered by the court. If any judge
15 so notified and so confirmed fails to attend the next such
16 course, such failure shall subject such judge to possible
17 removal from office at the option of the election authority.
18 If objections to the appointment of any judge be filed
19 prior to the day fixed by the court for confirmation of
20 judges, the court shall hear such objections and the evidence
21 introduced in support thereof, and shall confirm or refuse to
22 confirm such nominations as the interests of the public may
23 require. No reasons may be given for the refusal to confirm.
24 If any vacancy exists at any time the county board shall,
25 subject to the provisions of Section 13-1.1, further report
26 and nominate persons to fill such vacancies so existing in
27 the manner aforesaid, and a court in the same way shall
28 consider such nominations and shall confirm or refuse to
29 confirm the same in the manner aforesaid. Upon the
30 confirmation of such judges, at any time, a commission shall
31 issue to each of such judges, under the seal of such court,
32 and appropriate forms shall be prepared by the county clerk
33 of each county for such purpose and furnished to the county
34 board, and after confirmation and acceptance of such
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1 commission, such judges shall thereupon become officers of
2 such court. If a vacancy occurs so late that nomination by
3 the county board and application to and confirmation by the
4 court cannot be had before the election, then the court
5 shall, subject to the provisions of Section 13-1.1, make an
6 appointment and issue a commission to such officer or
7 officers, and when thus appointed such officer shall be
8 considered an officer of the court and subject to the same
9 rules as if nominated by the county board and confirmed by
10 the court, and any judge, however appointed, and at whatever
11 time, shall be considered an officer of court and be subject
12 to the same control and punishment in case of misbehavior.
13 Not more than 10 business days after the day of election, the
14 county clerk shall compile a list containing the name,
15 address and party affiliation of each judge of election who
16 served on the day of election, and shall preserve such list
17 and make it available for public inspection and copying for a
18 period of not more than one year from the date of receipt of
19 such list. Copies of such list shall be available for
20 purchase at a cost not to exceed the cost of duplication. The
21 board has the right, at any time, in case of misbehavior or
22 neglect of duty, to remove any judge of election and cause
23 such vacancy to be filled in accordance with this Act. The
24 board shall have the right, at any time, to remove any judge
25 of election for failing to vote the primary ballot of the
26 political party he represents, at a primary election at which
27 he served as such judge, and shall cause such vacancy to be
28 filled in accordance with this Act. The board shall remove
29 any judge of election who, twice during the same term of
30 office, fails to provide for the opening of the polling place
31 at the time prescribed in Section 17-1 or Section 18-2,
32 whichever is applicable, unless such delay can be
33 demonstrated by the judge of election to be beyond his or her
34 control. In the event that any judge of election is removed
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1 for cause, the board shall specify such cause in writing and
2 make such writing a matter of public record, with a copy to
3 be sent to the appropriate county chairman who made the
4 initial recommendation of the election judge. If any
5 vacancies occur or exist more than 15 days before election
6 the judges appointed to such places must be confirmed by such
7 court. The county board shall not voluntarily remove any
8 judge within 15 days of such election except for flagrant
9 misbehavior, incapacity or dishonesty, and the reason
10 therefor must afterward be reported in writing to such court
11 and made a matter of public record, with a copy to be sent to
12 the appropriate county chairman who made the initial
13 recommendation of the election judge. Provided further that
14 where a vacancy in the office of judge of election exists 20
15 days or less prior to any election in counties having a
16 population of 3,000,000 or more inhabitants, or where such
17 vacancy exists 10 days or less prior to any election in
18 counties having less than 3,000,000 inhabitants, the county
19 clerk shall, subject to the provisions of Section 13-1.1,
20 appoint a person of the same major political party to fill
21 such vacancy and issue a commission thereto. The name of the
22 officer so appointed shall be reported to the court as a
23 matter of record and after acceptance of such commission such
24 person shall be liable in the same manner as officers
25 regularly appointed by the county board and confirmed by the
26 court. The county clerk shall have the power on election day
27 to remove without cause any judge of election appointed by
28 the other judges of election pursuant to Section 13-7 and to
29 appoint another judge of election to serve for that election.
30 Such substitute judge of election must be selected, where
31 possible, pursuant to the provisions of Section 13-1.1 and
32 must be qualified in accordance with Section 13-4.
33 If any precinct has increased in voter registration
34 beyond the maximum of 800 provided in Section 11-2, the
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1 county clerk may appoint one additional judge of election
2 from each political party for each 200 voters in excess of
3 800.
4 (Source: P.A. 86-867; 86-1348.)
5 (10 ILCS 5/13-10) (from Ch. 46, par. 13-10)
6 Sec. 13-10. The compensation of the judges of all
7 primaries and all elections, except judges supervising
8 absentee ballots as provided in Section 19-12.2 of this Act,
9 in counties of less than 600,000 inhabitants shall be fixed
10 by the respective county boards or boards of election
11 commissioners in all counties and municipalities, but in no
12 case shall such compensation be less than $35 nor more than
13 $75 per day. The compensation of judges of all primaries and
14 all elections not under the jurisdiction of the county clerk,
15 except judges supervising absentee balloting as provided in
16 Section 19-12.2 of this Act, in counties having a population
17 of 2,000,000 or more shall be not less than $60 nor more than
18 $75 per day. The compensation of judges of all primaries and
19 all elections under the jurisdiction of the county clerk,
20 except judges supervising absentee balloting as provided in
21 Section 19-12.2 of this Act, in counties having a population
22 of 2,000,000 or more shall be not less than $60 nor more than
23 $75 per day. The compensation of judges of all primaries and
24 all elections, except judges supervising absentee ballots as
25 provided in Section 19-12.2 of this Act, in counties having a
26 population of at least 600,000 but less than 2,000,000
27 inhabitants shall be not less than $45 nor more than $75 per
28 day as fixed by the county board of election commissioners of
29 each such county. In addition to their per day compensation
30 and notwithstanding the limitations thereon stated herein,
31 the judges of election, in all counties with a population of
32 less than 600,000, shall be paid $3 each for each 100 voters
33 or portion thereof, in excess of 200 voters voting for
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1 candidates in the election district or precinct wherein the
2 judge is serving, whether a primary or an election is being
3 held. However, no such extra compensation shall be paid to
4 the judges of election in any precinct in which no paper
5 ballots are counted by such judges of election. The 2 judges
6 of election in counties having a population of less than
7 600,000 who deliver the returns to the county clerk shall
8 each be allowed and paid a sum to be determined by the
9 election authority for such services and an additional sum
10 per mile to be determined by the election authority for every
11 mile necessarily travelled in going to and returning from the
12 office or place to which they deliver the returns. The
13 compensation for mileage shall be consistent with current
14 rates paid for mileage to employees of the county.
15 However, all judges who have been certified by the County
16 Clerk or Board of Election Commissioners as having
17 satisfactorily completed, within the 2 years preceding the
18 day of election, the training course for judges of election,
19 as provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this
20 Act, shall receive additional compensation of not less than
21 $10 nor more than $25 per day in counties of less than
22 600,000 inhabitants, the additional compensation of not less
23 than $10 nor more than $25 per day in counties having a
24 population of at least 600,000 but less than 2,000,000
25 inhabitants as fixed by the county board of election
26 commissioners of each such county, and additional
27 compensation of not less than $20 nor more than $25 per day
28 in counties having a population of 2,000,000 or more for
29 primaries and elections not under the jurisdiction of the
30 county clerk, and additional compensation of not less than
31 $20 nor more than $25 per day in counties having a population
32 of 2,000,000 or more for primaries and elections under the
33 jurisdiction of the county clerk.
34 In precincts in which there are tally judges, the
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1 compensation of the tally judges shall be 2/3 of that of the
2 judges of election and each holdover judge shall be paid the
3 compensation of a judge of election plus that of a tally
4 judge.
5 Beginning on the effective date of this amendatory Act of
6 1998, the portion of an election judge's daily compensation
7 reimbursed by the State Board of Elections is increased by
8 $15. The increase provided by this amendatory Act of 1998
9 must be used to increase each judge's compensation and may
10 not be used by the county to reduce its portion of a judge's
11 compensation.
12 (Source: P.A. 87-1052; 87-1241.)
13 (10 ILCS 5/13-11) (from Ch. 46, par. 13-11)
14 Sec. 13-11. It shall be the duty of the county clerk, on
15 the receipt of the election returns of any general or special
16 election, to make out his certificate, stating the
17 compensation to which the judges of each election may be
18 entitled for their services, and lay the same before the
19 county board at its next session; and the board shall order
20 the compensation aforesaid to be paid out of the county
21 treasury. The State Board of Elections shall reimburse such
22 county in the amount of the increase in compensation provided
23 in Public Acts 81-850 and 81-1149 and by this amendatory Act
24 of 1998.
25 (Source: P.A. 81-850; 81-1149.)
26 (10 ILCS 5/14-5) (from Ch. 46, par. 14-5)
27 Sec. 14-5. After the judges are selected and have agreed
28 to serve as provided in Sections 14-1 to 14-4, inclusive,
29 then a report of such selections shall be made and filed in
30 the court, and application shall then be made by the board to
31 the circuit court for their confirmation and appointment,
32 whereupon the court shall enter an order that cause be shown,
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1 if any exists, against the confirmation and appointment of
2 such persons so named, on or before the opening of the court
3 on a day to be fixed by the court. And the board of
4 commissioners shall immediately give notice of such order and
5 the names of all such judges so reported to such court for
6 confirmation, and their residence and the precinct for which
7 they were selected, by causing a notice the same to be
8 published in one or more newspapers in such city, village or
9 incorporated town, and if no newspaper be published in such
10 city, village or incorporated town, then by posting such
11 notice in 3 of the most public places in such city, village
12 or town. The notice shall state that a list of judges of
13 election is available for public inspection in the office of
14 the election authority., and If no cause to the contrary is
15 shown prior to the day fixed, and if, in each precinct, at
16 least one judge representing each of the two major political
17 parties has been certified by the board of commissioners as
18 having satisfactorily completed within the preceding 6 months
19 the training course and examination for judges of election,
20 as provided in Section 14-4.1 of this Act such appointments
21 shall be confirmed by order entered by that court.
22 If in any precinct the requisite 2 judges have not been
23 so certified by the board of commissioners as having
24 satisfactorily completed such course and examination, the
25 board of commissioners shall immediately notify all judges in
26 that precinct, to whose appointment there is no other
27 objection, that all such judges shall attend the next such
28 course. The board of commissioners shall then certify to the
29 court that all such judges have been so notified (and such
30 certification need contain no detail other than a mere
31 recital). The appointment of such judges shall then be
32 confirmed by order entered by the court. If any judge so
33 notified and so confirmed fails to attend the next such
34 course, such failure shall subject such judge to possible
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1 removal from office at the option of the election authority.
2 If objections to the appointment of any such judge is
3 filed prior to the day fixed by the court for confirmation of
4 judges, the court shall hear such objections and the evidence
5 introduced in support thereof, and shall confirm or refuse to
6 confirm such nominations, as the interests of the public may
7 require. No reasons may be given for the refusal to confirm.
8 If any vacancies exist by reason of the action of such board
9 or otherwise, at any time, the board of commissioners shall,
10 subject to the provisions of Section 14-3.2, further report
11 and nominate persons to fill such vacancies so existing in
12 the manner aforesaid, and a court in the same way shall
13 consider such nominations and shall confirm or refuse to
14 confirm the same in the manner aforesaid. Upon the
15 confirmation of such judges, at any time, a commission shall
16 issue to each of such judges, under the seal of such court,
17 and appropriate forms shall be prepared by the board of
18 commissioners for such purpose. After such confirmation and
19 acceptance of such commission, such judges shall thereupon
20 become officers of such court. If a vacancy occurs so late
21 that application to and confirmation by the court cannot be
22 had before the election, then the board of commissioners
23 shall, subject to the provisions of Section 14-3.2, make an
24 appointment and issue a commission to such officer or
25 officers, and when thus appointed such officer shall be
26 considered an officer of the court and subject to the same
27 rules and punishment, in case of misbehavior, as if confirmed
28 by the court, and any judge, however appointed, and at
29 whatever time, shall be considered an officer of court, and
30 be subject to the same control and punishment in case of
31 misbehavior. Not more than 10 business days after the day of
32 election, the board of election commissioners shall compile a
33 list containing the name, address and party affiliation of
34 each judge of election who served on the day of election, and
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1 shall preserve such list and make it available for public
2 inspection and copying for a period of not more than one year
3 from the date of receipt of such list. Copies of such list
4 shall be available for purchase at a cost not to exceed the
5 cost of duplication. The board of commissioners has the right
6 at any time, in case of misbehavior or neglect of duty, to
7 remove any judge of election, and shall cause such vacancy to
8 be filled in accordance with this Act. The board has the
9 right, at any time, to remove any judge of election for
10 failing to vote the primary ballot of the political party he
11 represents at a primary election at which he served as such
12 judge, and shall cause such vacancy to be filled in
13 accordance with this Act. The board shall remove any judge of
14 election who, twice during the same term of office, fails to
15 provide for the opening of the polling place at the time
16 prescribed in Section 17-1 or Section 18-2, whichever is
17 applicable, unless such delay can be demonstrated by the
18 judge of election to be beyond his or her control. In the
19 event that any judge of election is removed for cause, the
20 board shall specify such cause in writing and make such
21 writing a matter of public record, with a copy to be sent to
22 the appropriate county chairman who made the initial
23 recommendation of the election judges. The judges of election
24 must be appointed and confirmed at least 35 days prior to the
25 next election.
26 If any vacancy shall occur or exist, more than 5 days
27 before election the judges appointed to such places must be
28 confirmed by such court. Such commissioners shall not
29 voluntarily remove any judge within 5 days of such election,
30 except for flagrant misbehavior, incapacity or dishonesty,
31 and the reasons therefor must afterwards be reported in
32 writing to such court and made a matter of public record,
33 with a copy to be sent to the appropriate county chairman who
34 made the initial recommendation of the election judge. If
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1 such removal be wilful and without cause, the commissioners
2 shall be punished for contempt of court and subject to
3 removal. The board of election commissioners shall have the
4 power on election day to remove without cause any judge of
5 election appointed by the other judges of election pursuant
6 to Section 14-6 and to appoint another judge of election to
7 serve for that election. Such substitute judge of election
8 must be selected, where possible, pursuant to the provisions
9 of Section 14-3.2 and must be qualified in accordance with
10 Section 14-1.
11 (Source: P.A. 86-867; 86-1348.)
12 (10 ILCS 5/17-30) (from Ch. 46, par. 17-30)
13 Sec. 17-30. Except as provided herein, each county shall
14 provide for and pay the costs and expenses of all elections
15 within the county other than within the jurisdiction of a
16 municipal Board of Election Commissioners, as well as the
17 costs expended within the jurisdiction of a municipal Board
18 of Election Commissioners for the registration and canvassing
19 of voters in even-numbered years. Each municipality with the
20 first Board of Election Commissioners established within a
21 county shall provide for and pay the costs and expenses of
22 all elections within the jurisdiction of the Board of
23 Election Commissioners. The State shall reimburse each county
24 and municipality in the amount of the increase in
25 compensation provided in Public Acts 81-850 and 81-1149 and
26 by this amendatory Act of 1998.
27 For each emergency referendum and each special election
28 not conducted at the time of a regular election, each county
29 and municipality responsible for paying for the costs and
30 expenses shall directly pay for or be reimbursed by every
31 other political subdivision for which officers or public
32 questions are on the ballot within the jurisdiction of the
33 election authority of such county or municipality except such
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1 costs and expenses as are required to be reimbursed by the
2 State. For each primary election for the nomination of
3 municipal officers held in a municipality with a population
4 of 5000 or less in accordance with Article 7, the county in
5 which such municipality is located shall be reimbursed by the
6 municipality for all costs and expenses attributable to such
7 primary election, except for those costs and expenses
8 required to be reimbursed by the State. Each such political
9 subdivision shall provide for and shall promptly pay such
10 reimbursement of the total costs and expenses of that
11 election attributable to its offices or propositions as the
12 case may be, not including such costs and expenses as are
13 required to be reimbursed by the State.
14 (10 ILCS 5/25-10) (from Ch. 46, par. 25-10)
15 Sec. 25-10. This Section applies only to counties of
16 3,000,000 or more population. When a vacancy occurs in the
17 office of Clerk of the Circuit Court of any of the counties
18 in this State, it shall be the duty of the Circuit Judges of
19 the respective judicial circuit in which such vacancy may
20 occur, to make an appointment to fill the vacancy for the
21 remainder of the unexpired term. However, if more than 28
22 months remain in the term, the appointment shall be until the
23 next general election, at which time a clerk of the circuit
24 court shall be elected for the balance of the unexpired term.
25 The appointee shall be a member of the same political party
26 as the person he succeeds was at the time of his election and
27 shall be otherwise eligible to serve as Clerk of the Circuit
28 Court. The Circuit Judges may appoint a Clerk Pro Tempore for
29 whatever period is necessary while reviewing the
30 qualifications of candidates for appointment to the office.
31 (Source: P.A. 86-875; 86-1348.)
32 (10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
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1 Sec. 25-11. When a vacancy occurs in any elective county
2 office, or in a county of less than 3,000,000 population in
3 the office of clerk of the circuit court, in a county which
4 is not a home rule unit, the county board shall declare that
5 such vacancy exists and notification thereof shall be given
6 to the county central committee or the appropriate county
7 board district committee of each established political party
8 within 3 days of the occurrence of the vacancy. The vacancy
9 shall be filled within 60 days by appointment of the chairman
10 of the county board with the advice and consent of the county
11 board. The appointee shall be a member of the same political
12 party as the person he succeeds was at the time of his
13 election and shall be otherwise eligible to serve. The
14 appointee shall serve the remainder of the unexpired term.
15 However, if more than 28 months remain in the term, the
16 appointment shall be until the next general election at which
17 time the vacated county office shall be filled by election
18 for the remainder of the term. In the case of a vacancy in a
19 seat on a county board which has been divided into districts
20 under "An Act relating to the composition of an election of
21 county boards in certain counties", approved October 2, 1969,
22 as amended, the appointee must also be a resident of the
23 county board district.
24 Except as otherwise provided by county ordinance or by
25 law, in any county which is a home rule unit, vacancies in
26 elective county offices, other than the office of chief
27 executive officer, and vacancies in the office of clerk of
28 the circuit court in a county of less than 3,000,000
29 population, shall be filled by the county board.
30 (Source: P.A. 84-790.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.