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90_HB2827sam005
LRB9009243JMmbam04
1 AMENDMENT TO HOUSE BILL 2827
2 AMENDMENT NO. . Amend House Bill 2827, AS AMENDED,
3 in the introductory paragraph of Section 5, by inserting
4 "14-5," after "13-11,"; and
5 in Section 5, by inserting after the last line of Sec. 13-11
6 the following:
7 "(10 ILCS 5/14-5) (from Ch. 46, par. 14-5)
8 Sec. 14-5. After the judges are selected and have agreed
9 to serve as provided in Sections 14-1 to 14-4, inclusive,
10 then a report of such selections shall be made and filed in
11 the court, and application shall then be made by the board to
12 the circuit court for their confirmation and appointment,
13 whereupon the court shall enter an order that cause be shown,
14 if any exists, against the confirmation and appointment of
15 such persons so named, on or before the opening of the court
16 on a day to be fixed by the court. And the board of
17 commissioners shall immediately give notice of such order and
18 the names of all such judges so reported to such court for
19 confirmation, and their residence and the precinct for which
20 they were selected, by causing a notice the same to be
21 published in one or more newspapers in such city, village or
22 incorporated town, and if no newspaper be published in such
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1 city, village or incorporated town, then by posting such
2 notice in 3 of the most public places in such city, village
3 or town. The notice shall state that a list of judges of
4 election is available for public inspection in the office of
5 the election authority., and If no cause to the contrary is
6 shown prior to the day fixed, and if, in each precinct, at
7 least one judge representing each of the two major political
8 parties has been certified by the board of commissioners as
9 having satisfactorily completed within the preceding 6 months
10 the training course and examination for judges of election,
11 as provided in Section 14-4.1 of this Act such appointments
12 shall be confirmed by order entered by that court.
13 If in any precinct the requisite 2 judges have not been
14 so certified by the board of commissioners as having
15 satisfactorily completed such course and examination, the
16 board of commissioners shall immediately notify all judges in
17 that precinct, to whose appointment there is no other
18 objection, that all such judges shall attend the next such
19 course. The board of commissioners shall then certify to the
20 court that all such judges have been so notified (and such
21 certification need contain no detail other than a mere
22 recital). The appointment of such judges shall then be
23 confirmed by order entered by the court. If any judge so
24 notified and so confirmed fails to attend the next such
25 course, such failure shall subject such judge to possible
26 removal from office at the option of the election authority.
27 If objections to the appointment of any such judge is
28 filed prior to the day fixed by the court for confirmation of
29 judges, the court shall hear such objections and the evidence
30 introduced in support thereof, and shall confirm or refuse to
31 confirm such nominations, as the interests of the public may
32 require. No reasons may be given for the refusal to confirm.
33 If any vacancies exist by reason of the action of such board
34 or otherwise, at any time, the board of commissioners shall,
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1 subject to the provisions of Section 14-3.2, further report
2 and nominate persons to fill such vacancies so existing in
3 the manner aforesaid, and a court in the same way shall
4 consider such nominations and shall confirm or refuse to
5 confirm the same in the manner aforesaid. Upon the
6 confirmation of such judges, at any time, a commission shall
7 issue to each of such judges, under the seal of such court,
8 and appropriate forms shall be prepared by the board of
9 commissioners for such purpose. After such confirmation and
10 acceptance of such commission, such judges shall thereupon
11 become officers of such court. If a vacancy occurs so late
12 that application to and confirmation by the court cannot be
13 had before the election, then the board of commissioners
14 shall, subject to the provisions of Section 14-3.2, make an
15 appointment and issue a commission to such officer or
16 officers, and when thus appointed such officer shall be
17 considered an officer of the court and subject to the same
18 rules and punishment, in case of misbehavior, as if confirmed
19 by the court, and any judge, however appointed, and at
20 whatever time, shall be considered an officer of court, and
21 be subject to the same control and punishment in case of
22 misbehavior. Not more than 10 business days after the day of
23 election, the board of election commissioners shall compile a
24 list containing the name, address and party affiliation of
25 each judge of election who served on the day of election, and
26 shall preserve such list and make it available for public
27 inspection and copying for a period of not more than one year
28 from the date of receipt of such list. Copies of such list
29 shall be available for purchase at a cost not to exceed the
30 cost of duplication. The board of commissioners has the right
31 at any time, in case of misbehavior or neglect of duty, to
32 remove any judge of election, and shall cause such vacancy to
33 be filled in accordance with this Act. The board has the
34 right, at any time, to remove any judge of election for
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1 failing to vote the primary ballot of the political party he
2 represents at a primary election at which he served as such
3 judge, and shall cause such vacancy to be filled in
4 accordance with this Act. The board shall remove any judge of
5 election who, twice during the same term of office, fails to
6 provide for the opening of the polling place at the time
7 prescribed in Section 17-1 or Section 18-2, whichever is
8 applicable, unless such delay can be demonstrated by the
9 judge of election to be beyond his or her control. In the
10 event that any judge of election is removed for cause, the
11 board shall specify such cause in writing and make such
12 writing a matter of public record, with a copy to be sent to
13 the appropriate county chairman who made the initial
14 recommendation of the election judges. The judges of election
15 must be appointed and confirmed at least 35 days prior to the
16 next election.
17 If any vacancy shall occur or exist, more than 5 days
18 before election the judges appointed to such places must be
19 confirmed by such court. Such commissioners shall not
20 voluntarily remove any judge within 5 days of such election,
21 except for flagrant misbehavior, incapacity or dishonesty,
22 and the reasons therefor must afterwards be reported in
23 writing to such court and made a matter of public record,
24 with a copy to be sent to the appropriate county chairman who
25 made the initial recommendation of the election judge. If
26 such removal be wilful and without cause, the commissioners
27 shall be punished for contempt of court and subject to
28 removal. The board of election commissioners shall have the
29 power on election day to remove without cause any judge of
30 election appointed by the other judges of election pursuant
31 to Section 14-6 and to appoint another judge of election to
32 serve for that election. Such substitute judge of election
33 must be selected, where possible, pursuant to the provisions
34 of Section 14-3.2 and must be qualified in accordance with
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1 Section 14-1.
2 (Source: P.A. 86-867; 86-1348.)".