Illinois General Assembly - Full Text of Public Act 093-0541
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Public Act 093-0541


 

Public Act 93-0541 of the 93rd General Assembly


Public Act 93-0541

SB75 Enrolled                        LRB093 03372 JAM 03390 b

    AN ACT concerning the courts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Election  Code  is  amended by changing
Sections 7-7 and 7-8 as follows:

    (10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
    Sec. 7-7.  For  the  purpose  of  making  nominations  in
certain  instances  as provided in this Article and this Act,
the following committees are authorized and shall  constitute
the  central  or managing committees of each political party,
viz: A State central committee, a congressional committee for
each congressional district, a county central  committee  for
each  county,  a  municipal  central committee for each city,
incorporated town or village, a ward  committeeman  for  each
ward  in cities containing a population of 500,000 or more; a
township committeeman for each township or part of a township
that lies outside of cities having a population of 200,000 or
more, in counties having a population of 2,000,000 or more; a
precinct committeeman for each precinct in counties having  a
population  of  less  than 2,000,000; a county board district
committee  for  each  county  board  district  created  under
Division  2-3  of  the  Counties  Code;  a  State's  Attorney
committee for each group of 2 or more counties which  jointly
elect  a  State's  Attorney; a Superintendent of Multi-County
Educational Service Region committee for each group of  2  or
more  counties  which  jointly  elect  a  Superintendent of a
Multi-County  Educational  Service  Region;  and  a  judicial
subcircuit committee  in  a  judicial  circuit  divided  into
subcircuits  Cook County for each judicial subcircuit in that
circuit Cook County.
(Source: P.A. 87-1052.)
    (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
    Sec. 7-8.  The State central committee shall be  composed
of one or two members from each congressional district in the
State and shall be elected as follows:
                   State Central Committee
    (a)  Within  30  days  after  the  effective date of this
amendatory Act of 1983 the State central  committee  of  each
political party shall certify to the State Board of Elections
which of the following alternatives it wishes to apply to the
State central committee of that party.
    Alternative  A.  At the primary held on the third Tuesday
in March  1970,  and  at  the  primary  held  every  4  years
thereafter,  each  primary elector may vote for one candidate
of his party for member of the State  central  committee  for
the   congressional  district  in  which  he  resides.    The
candidate receiving the highest  number  of  votes  shall  be
declared   elected   State   central  committeeman  from  the
district. A political party may, in lieu of the foregoing, by
a majority vote of delegates at any State convention of  such
party,  determine  to  thereafter  elect  the  State  central
committeemen in the manner following:
    At  the  county  convention  held by such political party
State central committeemen  shall  be  elected  in  the  same
manner  as  provided  in  this  Article  for  the election of
officers of the county central committee, and  such  election
shall  follow  the election of officers of the county central
committee.   Each  elected   ward,   township   or   precinct
committeeman  shall cast as his vote one vote for each ballot
voted in his ward, township, part of a township  or  precinct
in  the  last  preceding  primary  election  of his political
party. In the case of a county  lying  partially  within  one
congressional   district   and   partially   within   another
congressional  district,  each  ward,  township  or  precinct
committeeman   shall   vote   only   with   respect   to  the
congressional district in which his ward, township, part of a
township  or  precinct  is  located.   In  the  case   of   a
congressional   district  which  encompasses  more  than  one
county, each ward, township or precinct committeeman residing
within the congressional district shall cast as his vote  one
vote  for  each ballot voted in his ward, township, part of a
township or precinct in the last preceding  primary  election
of  his  political  party  for one candidate of his party for
member of the State central committee for  the  congressional
district  in which he resides and the Chairman  of the county
central committee shall report the results of the election to
the State Board of Elections. The State  Board  of  Elections
shall  certify  the candidate receiving the highest number of
votes   elected   State   central   committeeman   for   that
congressional district.
    The State central committee shall adopt rules to  provide
for  and govern the procedures to be followed in the election
of members of the State central committee.
    After the effective date of this amendatory  Act  of  the
91st  General  Assembly,  whenever  a  vacancy  occurs in the
office of Chairman of a State central committee,  or  at  the
end  of  the  term  of  office of Chairman, the State central
committee  of  each  political  party   that   has   selected
Alternative  A  shall  elect  a  Chairman  who  shall  not be
required to be a member of the State Central Committee.   The
Chairman shall be a registered voter in this State and of the
same political party as the State central committee.
    Alternative   B.  Each   congressional  committee  shall,
within 30  days  after  the  adoption  of  this  alternative,
appoint  a  person  of the sex opposite that of the incumbent
member  for  that  congressional  district  to  serve  as  an
additional member of the State central committee until his or
her successor is elected at the general primary  election  in
1986.    Each   congressional   committee   shall  make  this
appointment by voting on the basis set forth in paragraph (e)
of this  Section.  In  each  congressional  district  at  the
general  primary  election  held  in  1986  and every 4 years
thereafter, the male candidate receiving the  highest  number
of  votes  of  the  party's male candidates for State central
committeeman, and the female candidate receiving the  highest
number  of  votes  of the party's female candidates for State
central  committeewoman,  shall  be  declared  elected  State
central committeeman and State  central  committeewoman  from
the  district.   At the general primary election held in 1986
and every 4 years thereafter, if all a party's candidates for
State central committeemen or  State  central  committeewomen
from  a  congressional  district  are  of  the  same sex, the
candidate receiving the highest  number  of  votes  shall  be
declared  elected  a  State  central  committeeman  or  State
central  committeewoman  from the district, and, because of a
failure to elect one male and one female to the committee,  a
vacancy  shall  be  declared  to  exist  in the office of the
second  member  of  the  State  central  committee  from  the
district.  This vacancy shall be filled by appointment by the
congressional committee  of  the  political  party,  and  the
person  appointed  to fill the vacancy shall be a resident of
the congressional district and of the sex  opposite  that  of
the  committeeman  or  committeewoman  elected at the general
primary election.  Each congressional  committee  shall  make
this  appointment  by  voting  on  the  basis  set  forth  in
paragraph (e) of this Section.
    The  Chairman  of  a  State central committee composed as
provided in this Alternative B  must  be  selected  from  the
committee's members.
    Except  as  provided for in Alternative A with respect to
the selection of the Chairman of the State central committee,
under both of the foregoing alternatives, the  State  central
committee  of  each  political  party  shall  be  composed of
members elected or appointed from the  several  congressional
districts  of  the  State,  and of no other person or persons
whomsoever.  The  members  of  the  State  central  committee
shall,  within 30 days after each quadrennial election of the
full committee, meet in the city of Springfield and  organize
by  electing  a  chairman,  and  may  at such time elect such
officers from among their own number (or otherwise), as  they
may deem necessary or expedient. The outgoing chairman of the
State  central  committee  of the party shall, 10 days before
the  meeting,  notify  each  member  of  the  State   central
committee  elected  at  the  primary of the time and place of
such meeting. In the  organization  and  proceedings  of  the
State  central committee, each State central committeeman and
State central committeewoman shall have  one  vote  for  each
ballot  voted  in  his  or  her congressional district by the
primary electors of his or her party at the primary  election
immediately  preceding  the  meeting  of  the  State  central
committee.  Whenever  a  vacancy  occurs in the State central
committee of any political party, the vacancy shall be filled
by  appointment  of  the  chairmen  of  the  county   central
committees  of  the  political  party of the counties located
within the congressional district in which the vacancy occurs
and, if applicable, the ward and township committeemen of the
political party in counties of 2,000,000 or more  inhabitants
located   within   the   congressional   district.    If  the
congressional district  in  which  the  vacancy  occurs  lies
wholly  within a county of 2,000,000 or more inhabitants, the
ward and township committeemen of the political party in that
congressional district shall vote to fill  the  vacancy.   In
voting to fill the vacancy, each chairman of a county central
committee and each ward and township committeeman in counties
of 2,000,000 or more inhabitants shall have one vote for each
ballot  voted  in each precinct of the congressional district
in which the vacancy exists of his or her  county,  township,
or  ward  cast by the primary electors of his or her party at
the primary election immediately  preceding  the  meeting  to
fill  the vacancy in the State central committee.  The person
appointed to fill the vacancy shall  be  a  resident  of  the
congressional  district in which the vacancy occurs, shall be
a qualified voter, and, in a committee composed  as  provided
in  Alternative  B,  shall  be  of the same sex as his or her
predecessor. A political party may, by a majority vote of the
delegates of any State convention of such party, determine to
return to the election  of  State  central  committeeman  and
State central committeewoman by the vote of primary electors.
Any  action  taken by a political party at a State convention
in accordance with this Section  shall  be  reported  to  the
State  Board  of  Elections  by the chairman and secretary of
such convention within 10 days after such action.
          Ward, Township and Precinct Committeemen
    (b)  At the primary held on the third Tuesday  in  March,
1972,  and  every 4 years thereafter, each primary elector in
cities having a population of 200,000 or over  may  vote  for
one candidate of his party in his ward for ward committeeman.
Each  candidate  for  ward committeeman must be a resident of
and  in  the  ward  where  he  seeks  to  be   elected   ward
committeeman.  The  one  having  the  highest number of votes
shall be such ward committeeman of such party for such  ward.
At  the  primary election held on the third Tuesday in March,
1970, and every 4 years thereafter, each primary  elector  in
counties  containing  a  population  of  2,000,000  or  more,
outside of cities containing a population of 200,000 or more,
may  vote  for  one  candidate  of  his  party  for  township
committeeman.  Each  candidate for township committeeman must
be a resident of and in the township or part  of  a  township
(which  lies outside of a city having a population of 200,000
or more, in counties containing a population of 2,000,000  or
more),  and  in which township or part of a township he seeks
to be elected  township  committeeman.  The  one  having  the
highest  number  of votes shall be such township committeeman
of such party for such township or part of a township. At the
primary held on the third Tuesday in March, 1970 and every  2
years  thereafter,  each  primary elector, except in counties
having a population of 2,000,000 or over, may  vote  for  one
candidate   of   his  party  in  his  precinct  for  precinct
committeeman. Each candidate for precinct  committeeman  must
be  a bona fide resident of the precinct where he seeks to be
elected precinct committeeman. The  one  having  the  highest
number  of  votes shall be such precinct committeeman of such
party for such precinct. The official returns of the  primary
shall  show  the  name  of the committeeman of each political
party.
    Terms of Committeemen. All precinct committeemen  elected
under  the  provisions of this Article shall continue as such
committeemen until the date of the primary to be held in  the
second   year  after  their  election.  Except  as  otherwise
provided  in  this  Section   for   certain   State   central
committeemen  who  have  2  year  terms,  all  State  central
committeemen,  township  committeemen  and  ward committeemen
shall continue as such committeemen until the date of primary
to be held in the fourth year after their election.  However,
a  vacancy exists in the office of precinct committeeman when
a precinct committeeman ceases to reside in the  precinct  in
which  he  was  elected  and such precinct committeeman shall
thereafter neither have nor exercise any  rights,  powers  or
duties  as committeeman in that precinct, even if a successor
has not been elected or appointed.
    (c)  The Multi-Township Central Committee  shall  consist
of   the   precinct   committeemen  of  such  party,  in  the
multi-township assessing district formed pursuant to  Section
2-10  of the Property Tax Code and shall be organized for the
purposes set forth in Section 45-25 of the Township Code.  In
the   organization  and  proceedings  of  the  Multi-Township
Central Committee each precinct committeeman shall  have  one
vote  for  each  ballot  voted in his precinct by the primary
electors of his party at the primary at which he was elected.
                  County Central Committee
    (d)  The county central committee of each political party
in  each  county  shall  consist  of  the  various   township
committeemen, precinct committeemen and ward committeemen, if
any,  of  such  party  in the county. In the organization and
proceedings of the county central  committee,  each  precinct
committeeman shall have one vote for each ballot voted in his
precinct  by the primary electors of his party at the primary
at which he was elected;  each  township  committeeman  shall
have  one  vote for each ballot voted in his township or part
of a township as the case may be by the primary  electors  of
his  party  at  the  primary  election  for the nomination of
candidates for election to the General  Assembly  immediately
preceding the meeting of the county central committee; and in
the  organization  and  proceedings  of  the  county  central
committee,  each  ward  committeeman  shall have one vote for
each ballot voted in his ward by the primary electors of  his
party   at   the  primary  election  for  the  nomination  of
candidates for election to the General  Assembly  immediately
preceding the meeting of the county central committee.
                   Congressional Committee
    (e)  The  congressional  committee  of each party in each
congressional district shall be composed of the  chairmen  of
the  county  central committees of the counties composing the
congressional  district,   except   that   in   congressional
districts wholly within the territorial limits of one county,
or partly within 2 or more counties, but not coterminous with
the  county  lines  of  all  of  such  counties, the precinct
committeemen, township committeemen and ward committeemen, if
any, of the  party  representing  the  precincts  within  the
limits  of  the  congressional  district,  shall  compose the
congressional committee. A State central committeeman in each
district shall be a  member  and  the  chairman  or,  when  a
district  has  2 State central committeemen, a co-chairman of
the congressional committee, but shall not have the right  to
vote except in case of a tie.
    In  the  organization  and  proceedings  of congressional
committees composed  of  precinct  committeemen  or  township
committeemen   or   ward  committeemen,  or  any  combination
thereof, each precinct committeeman shall have one  vote  for
each  ballot voted in his precinct by the primary electors of
his party at the  primary  at  which  he  was  elected,  each
township  committeeman  shall  have  one vote for each ballot
voted in his township or part of a township as the  case  may
be  by  the  primary  electors  of  his  party at the primary
election   immediately   preceding   the   meeting   of   the
congressional committee, and  each  ward  committeeman  shall
have  one  vote for each ballot voted in each precinct of his
ward located in such congressional district  by  the  primary
electors  of  his  party  at the primary election immediately
preceding the meeting of the congressional committee; and  in
the  organization and proceedings of congressional committees
composed of the chairmen of the county central committees  of
the  counties  within  such  district,  each chairman of such
county central committee shall have one vote for each  ballot
voted  in  his county by the primary electors of his party at
the primary election immediately preceding the meeting of the
congressional committee.
                 Judicial District Committee
    (f)  The judicial district committee  of  each  political
party  in  each  judicial  district  shall be composed of the
chairman of the county central  committees  of  the  counties
composing the judicial district.
    In  the organization and proceedings of judicial district
committees composed of the chairmen  of  the  county  central
committees   of  the  counties  within  such  district,  each
chairman of such county central committee shall have one vote
for each ballot voted in his county by the  primary  electors
of  his  party  at the primary election immediately preceding
the meeting of the judicial district committee.
                   Circuit Court Committee
    (g)  The circuit court committee of each political  party
in  each  judicial  circuit  outside  Cook  County  shall  be
composed  of the chairmen of the county central committees of
the counties composing the judicial circuit.
    In the organization  and  proceedings  of  circuit  court
committees, each chairman of a county central committee shall
have  one  vote  for  each  ballot voted in his county by the
primary  electors  of  his  party  at  the  primary  election
immediately  preceding  the  meeting  of  the  circuit  court
committee.
                Judicial Subcircuit Committee
    (g-1)  The  judicial   subcircuit   committee   of   each
political  party  in  each  judicial subcircuit in a judicial
circuit  divided  into  subcircuits  Cook  County  shall   be
composed  of  (i)  the  ward and township committeemen of the
townships and wards composing the judicial subcircuit in Cook
County and (ii) the precinct committeemen  of  the  precincts
composing  the  judicial  subcircuit in any county other than
Cook County.
    In the organization  and  proceedings  of  each  judicial
subcircuit  committee,  each township committeeman shall have
one vote for each ballot voted in his township or part  of  a
township,  as  the case may be, in the judicial subcircuit by
the primary electors of his party  at  the  primary  election
immediately  preceding the meeting of the judicial subcircuit
committee; each precinct committeeman shall have one vote for
each ballot voted in his precinct or part of a  precinct,  as
the  case  may  be, in the judicial subcircuit by the primary
electors of his party at  the  primary  election  immediately
preceding  the  meeting of the judicial subcircuit committee;
and each ward committeeman  shall  have  one  vote  for  each
ballot  voted  in his ward or part of a ward, as the case may
be, in the judicial subcircuit by the primary electors of his
party at  the  primary  election  immediately  preceding  the
meeting of the judicial subcircuit committee.
                 Municipal Central Committee
    (h)  The  municipal  central  committee of each political
party shall be composed of the  precinct,  township  or  ward
committeemen,  as the case may be, of such party representing
the precincts or wards, embraced in such  city,  incorporated
town  or  village.  The  voting  strength  of  each precinct,
township  or  ward  committeeman  on  the  municipal  central
committee shall be the same as his  voting  strength  on  the
county central committee.
    For  political  parties, other than a statewide political
party, established only within a  municipality  or  township,
the   municipal  or  township  managing  committee  shall  be
composed of the  party  officers  of  the  local  established
party.  The party officers of a local established party shall
be  as  follows: the chairman and secretary of the caucus for
those municipalities and townships authorized by  statute  to
nominate  candidates  by caucus shall serve as party officers
for the purpose of  filling  vacancies  in  nomination  under
Section  7-61; for municipalities and townships authorized by
statute or ordinance to nominate candidates by  petition  and
primary  election,  the  party  officers shall be the party's
candidates who are nominated at the  primary.   If  no  party
primary  was  held  because of the provisions of Section 7-5,
vacancies in  nomination  shall  be  filled  by  the  party's
remaining candidates who shall serve as the party's officers.
                           Powers
    (i)  Each  committee  and  its  officers  shall  have the
powers usually  exercised  by  such  committees  and  by  the
officers  thereof,  not  inconsistent  with the provisions of
this Article. The  several  committees  herein  provided  for
shall  not  have  power  to  delegate any of their powers, or
functions to any other person, officer or committee, but this
shall not be construed to prevent a committee from appointing
from its own membership proper and necessary subcommittees.
    (j)  The State central committee  of  a  political  party
which  elects it members by Alternative B under paragraph (a)
of this Section shall adopt a plan  to  give  effect  to  the
delegate  selection rules of the national political party and
file a copy of such plan with the State  Board  of  Elections
when approved by a national political party.
    (k)  For  the  purpose of the designation of a proxy by a
Congressional Committee to vote in place of an  absent  State
central  committeeman  or  committeewoman  at meetings of the
State central committee of a political party which elects its
members by Alternative B under paragraph (a) of this Section,
the proxy shall be appointed by the  vote  of  the  ward  and
township  committeemen,  if  any,  of the wards and townships
which lie entirely  or  partially  within  the  Congressional
District  from which the absent State central committeeman or
committeewoman was elected and the vote of  the  chairmen  of
the  county  central  committees  of those counties which lie
entirely or partially within that Congressional District  and
in  which  there  are  no ward or township committeemen. When
voting for such proxy the county chairman, ward  committeeman
or  township  committeeman, as the case may be shall have one
vote for each ballot voted in his county, ward  or  township,
or  portion thereof within the Congressional District, by the
primary electors of his party at the primary at which he  was
elected.  However,  the  absent State central committeeman or
committeewoman may designate a proxy when  permitted  by  the
rules  of  a  political  party  which  elects  its members by
Alternative B under paragraph (a) of this Section.
(Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)

    Section 10. The Circuit Courts Act is amended by changing
Sections 1 and 2 and by adding Sections 2f-1, 2f-2, 2f-4, and
2f-5 as follows:

    (705 ILCS 35/1) (from Ch. 37, par. 72.1)
    Sec. 1.  Judicial circuits created. The  county  of  Cook
shall  be  one  judicial  circuit  and the State of Illinois,
exclusive of the county of Cook, shall be and is divided into
judicial circuits as follows:
    First  Circuit--The  counties  of   Alexander,   Pulaski,
Massac, Pope, Johnson, Union, Jackson, Williamson and Saline.
    Second  Circuit--The counties of Hardin, Gallatin, White,
Hamilton,  Franklin,  Wabash,  Edwards,   Wayne,   Jefferson,
Richland, Lawrence and Crawford.
    Third Circuit--The counties of Madison and Bond.
    Fourth  Circuit--The  counties  of Clinton, Marion, Clay,
Fayette, Effingham, Jasper, Montgomery, Shelby and Christian.
    Fifth Circuit--The counties of Vermilion,  Edgar,  Clark,
Cumberland and Coles.
    Sixth   Circuit--The   counties  of  Champaign,  Douglas,
Moultrie, Macon, DeWitt and Piatt.
    Seventh  Circuit--The  counties  of  Sangamon,  Macoupin,
Morgan, Scott, Greene and Jersey.
    Eighth Circuit--The counties of Adams,  Schuyler,  Mason,
Cass, Brown, Pike, Calhoun and Menard.
    Ninth  Circuit--The  counties of Knox, Warren, Henderson,
Hancock, McDonough and Fulton.
    Tenth Circuit--The counties of Peoria, Marshall,  Putnam,
Stark and Tazewell.
    Eleventh  Circuit--The  counties  of  McLean, Livingston,
Logan, Ford and Woodford.
    Twelfth Circuit--The county of Will.
    Thirteenth Circuit--The counties of Bureau,  LaSalle  and
Grundy.
    Fourteenth  Circuit--The counties of Rock Island, Mercer,
Whiteside and Henry.
    Fifteenth Circuit--The counties of JoDaviess, Stephenson,
Carroll, Ogle and Lee.
    Sixteenth  Circuit--The  counties  of  Kane,  DeKalb  and
Kendall.
    Seventeenth Circuit--The counties of Winnebago and Boone.
    Eighteenth Circuit--The county of DuPage.
    Nineteenth Circuit--Before December 4, 2006, the counties
of Lake and McHenry. On  and  after  December  4,  2006,  the
County of Lake.
    Twentieth  Circuit--The counties of Randolph, Monroe, St.
Clair, Washington and Perry.
    Twenty-first  Circuit--The  counties  of   Iroquois   and
Kankakee.
    Twenty-second Circuit--On and after December 4, 2006, the
County of McHenry.
(Source: P.A. 84-1030.)

    (705 ILCS 35/2) (from Ch. 37, par. 72.2)
    Sec.  2.   Circuit judges shall be elected at the general
elections and for terms as provided  in  Article  VI  of  the
Illinois  Constitution.  Ninety-four  circuit judges shall be
elected in the Circuit of Cook County and  3  circuit  judges
shall  be  elected  in  each  of  the  other circuits, but in
circuits other than Cook County containing  a  population  of
230,000  or more inhabitants and in which there is included a
county  containing  a   population   of   200,000   or   more
inhabitants, or in circuits other than Cook County containing
a population of 270,000 or more inhabitants, according to the
last  preceding  federal  census and in the circuit where the
seat of State government is situated at the time fixed by law
for the nomination of judges of the  Circuit  Court  in  such
circuit  and  in any circuit which meets the requirements set
out in Section 2a of this Act,  4  circuit  judges  shall  be
elected  in  the  manner  provided by law.  In circuits other
than Cook County in which each county in the  circuit  has  a
population  of  475,000  or  more,  4 circuit judges shall be
elected in addition to the 4 circuit judges provided  for  in
this Section.  In any circuit composed of 2 counties having a
total  population of 350,000 or more, one circuit judge shall
be elected in addition to the 4 circuit judges  provided  for
in this Section.
    Notwithstanding  the  provisions  of  this Section or any
other law, the number of at  large  judgeships  of  the  12th
judicial  circuit  may  be  reduced by one or 2 judgeships as
provided in subsection (a-10) of Section 2f-4.
    The several judges of the circuit courts of  this  State,
before  entering  upon the duties of their office, shall take
and subscribe the following oath or affirmation, which  shall
be filed in the office of the Secretary of State:
    "I do solemnly swear (or affirm, as the case may be) that
I will support the constitution of the United States, and the
constitution  of  the  State  of  Illinois,  and  that I will
faithfully  discharge  the  duties  of  judge  of....  court,
according to the best of my ability."
    One of the 3 additional circuit judgeships authorized  by
this  amendatory  Act  in  circuits other than Cook County in
which each county in the circuit has a population of  475,000
or  more  may  be  filled  when  this Act becomes law.  The 2
remaining circuit judgeships in such circuits  shall  not  be
filled until on or after July 1, 1977.
(Source: P.A. 86-786; 86-1478.)
    (705 ILCS 35/2f-1 new)
    Sec. 2f-1.  19th and 22nd judicial circuits.
    (a)  On  December  4,  2006, the 19th judicial circuit is
divided into the 19th and 22nd judicial circuits as  provided
in  Section  1  of the Circuit Courts Act. This division does
not invalidate any action taken by the 19th judicial  circuit
or  any  of its judges, officers, employees, or agents before
December 4, 2006. This division does not affect any  person's
rights,  obligations,  or  duties, including applicable civil
and criminal penalties, arising out of any  action  taken  by
the  19th  judicial  circuit  or any of its judges, officers,
employees, or agents before December 4, 2006.
    (b)  Of the 7 circuit judgeships elected at large in  the
19th circuit before the general election in 2006, the Supreme
Court  shall  assign  5 to the 19th circuit and 2 to the 22nd
circuit, based  on  residency  of  the  circuit  judges  then
holding  those judgeships. The 5 assigned to the 19th circuit
shall continue to be elected at large. The 2 assigned to  the
22nd circuit shall continue to be elected at large.
    (c)  The  6  resident judgeships elected from Lake County
before the general election in  2006  shall  become  resident
judgeships in the 19th circuit on December 4, 2006, and the 3
resident  judgeships  elected  from McHenry County before the
general election in 2006 shall become resident judgeships  in
the 22nd circuit on December 4, 2006.
    (d)  On   December  4,  2006,  the  Supreme  Court  shall
allocate the associate judgeships of the 19th circuit  before
that  date  between  the  19th and 22nd circuits based on the
population of those circuits.
    (e)  On  December  4,  2006,  the  Supreme  Court   shall
allocate personnel, books, records, documents, property (real
and   personal),  funds,  assets,  liabilities,  and  pending
matters concerning the 19th circuit before that date  between
the  19th  and  22nd  circuits  based  on  the population and
staffing needs of those circuits and the efficient and proper
administration  of  the  judicial  system.  The   rights   of
employees  under  applicable collective bargaining agreements
are not affected by this amendatory Act of the  93rd  General
Assembly.
    (f)  The judgeships set forth in this Section include the
judgeships  authorized  under  Sections  2g,  2h, and 2j. The
judgeships authorized in those Sections are not  in  addition
to those set forth in this Section.

    (705 ILCS 35/2f-2 new)
    Sec. 2f-2.  19th judicial circuit; subcircuits.
    (a)  The   19th   circuit   shall   be   divided  into  6
subcircuits.  The subcircuits shall be  compact,  contiguous,
and  substantially equal in population.  The General Assembly
by law shall create the subcircuits on or before February  1,
2004, using population data as determined by the 2000 federal
census,  and  shall  determine  a  numerical  order for the 6
subcircuits.  That numerical order shall be the basis for the
order in  which  resident  judgeships  are  assigned  to  the
subcircuits.  Once  a  resident  judgeship  is  assigned to a
subcircuit,  it  shall  continue  to  be  assigned  to   that
subcircuit for all purposes.
    (b)  The  19th  circuit  shall have a total of 6 resident
judgeships.
    (c)  The Supreme Court shall allot (i) all  vacancies  in
resident  judgeships  of  the  19th  circuit  existing  on or
occurring on or after the effective date of  this  amendatory
Act  of  the 93rd General Assembly and not filled at the 2004
general election and (ii) the resident judgeships of the 19th
circuit  filled  at  the  2004  general  election  as   those
judgeships  thereafter  become  vacant, for election from the
various subcircuits until there is one resident judge  to  be
elected  from  each subcircuit. No resident judge of the 19th
circuit serving on the effective date of this amendatory  Act
of  the 93rd General Assembly shall be required to change his
or her residency in order to continue serving in office or to
seek retention in office as resident judgeships are  allotted
by the Supreme Court in accordance with this Section.
    (d)  A  resident judge of a subcircuit must reside in the
subcircuit and must continue to reside in that subcircuit  as
long as he or she holds that office.
    (e)  Vacancies in resident judgeships of the 19th circuit
shall  be  filled in the manner provided in Article VI of the
Illinois Constitution.

    (705 ILCS 35/2f-4 new)
    Sec. 2f-4.  12th circuit; subcircuits; additional judges.
    (a)  The  12th  circuit   shall   be   divided   into   5
subcircuits.   The  subcircuits shall be compact, contiguous,
and substantially equal in population.  The General  Assembly
by  law shall create the subcircuits on or before February 1,
2004, using population data as determined by the 2000 federal
census, and shall determine  a  numerical  order  for  the  5
subcircuits.  That numerical order shall be the basis for the
order  in  which  resident  judgeships  are  assigned  to the
subcircuits. Once a  resident  judgeship  is  assigned  to  a
subcircuit,   it  shall  continue  to  be  assigned  to  that
subcircuit for all purposes.
    (a-5)  Two of the  12th  circuit's  associate  judgeships
shall  be  allotted as 12th circuit resident judgeships under
subsection (c) as those associate judgeships are converted to
resident judgeships in  accordance  with  Section  2  of  the
Associate Judges Act.
    (a-10)  Of   the   12th  circuit's  10  existing  circuit
judgeships (8 at large and 2 resident), 2 shall  be  allotted
as  12th  circuit resident judgeships under subsection (c) as
the first 2 of any of those at large and resident  judgeships
become  vacant  on  or  after  the  effective  date  of  this
amendatory  Act of the 93rd General Assembly. As used in this
subsection, a vacancy does not include the  expiration  of  a
term  of an at large or resident judge who seeks retention in
that office at the next term.
    (b)  The 12th circuit shall have one additional  resident
judgeship,  as  well as its 2 existing resident judgeships, 8
at large judgeships, and 2 former associate judgeships, for a
total of 13 judgeships available to  be  allotted  to  the  5
subcircuit  resident  judgeships.   The  additional  resident
judgeship  created by this amendatory Act of the 93rd General
Assembly shall be filled by election beginning at the general
election in 2006.  After the subcircuits are created by  law,
the  Supreme  Court  shall fill by appointment the additional
resident judgeship created by this amendatory Act of the 93rd
General Assembly until the 2006 general election.
    (c)  The Supreme Court shall  allot  (i)  the  additional
resident  judgeship  of  the  12th  circuit  created  by this
amendatory Act of the 93rd General Assembly, (ii) the first 2
vacancies in the at large and resident judgeships of the 12th
circuit  as  provided  in  subsection  (a-10),  and  (iii)  2
associate  judgeships  of  the  12th  circuit  as  they   are
converted  to  resident  judgeships as provided in subsection
(a-5), for election from the various subcircuits until  there
is  one resident judge to be elected from each subcircuit. No
at large or resident judge of the 12th circuit serving on the
effective date of this amendatory Act  of  the  93rd  General
Assembly  shall be required to change his or her residency in
order to continue serving in office or to seek  retention  in
office as at large or resident judgeships are allotted by the
Supreme Court in accordance with this Section.
    (d)  A  resident judge of a subcircuit must reside in the
subcircuit and must continue to reside in that subcircuit  as
long as he or she holds that office.
    (e)  Vacancies in resident judgeships of the 12th circuit
shall  be  filled in the manner provided in Article VI of the
Illinois Constitution.

    (705 ILCS 35/2f-5 new)
    Sec. 2f-5.  22nd circuit; subcircuits.
    (a)  The  22nd  circuit   shall   be   divided   into   3
subcircuits.   The  subcircuits shall be compact, contiguous,
and substantially equal in population.  The General  Assembly
by  law shall create the subcircuits on or before February 1,
2004, using population data as determined by the 2000 federal
census, and shall determine  a  numerical  order  for  the  3
subcircuits.  That numerical order shall be the basis for the
order  in  which  resident  judgeships  are  assigned  to the
subcircuits. Once a  resident  judgeship  is  assigned  to  a
subcircuit,   it  shall  continue  to  be  assigned  to  that
subcircuit for all purposes.
    (b)  The 22nd circuit shall have a total  of  3  resident
judgeships.
    (c)  The  Supreme  Court shall allot (i) all vacancies in
resident judgeships  of  the  22nd  circuit  existing  on  or
occurring  on  or after the effective date of this amendatory
Act of the 93rd General Assembly and not filled at  the  2004
general election and (ii) the resident judgeships of the 22nd
circuit   filled  at  the  2004  general  election  as  those
judgeships thereafter become vacant, for  election  from  the
various  subcircuits  until there is one resident judge to be
elected from each subcircuit. No resident judge of  the  22nd
circuit  serving on the effective date of this amendatory Act
of the 93rd General Assembly shall be required to change  his
or her residency in order to continue serving in office or to
seek  retention in office as resident judgeships are allotted
by the Supreme Court in accordance with this Section.
    (d)  A resident judge of a subcircuit must reside in  the
subcircuit  and must continue to reside in that subcircuit as
long as he or she holds that office.
    (e)  Vacancies in resident judgeships of the 22nd circuit
shall be filled in the manner provided in Article VI  of  the
Illinois Constitution.

    Section  15.  The  Judicial  Vacancies  Act is amended by
changing Section 2 as follows:

    (705 ILCS 40/2) (from Ch. 37, par. 72.42)
    Sec. 2.  (a) Except as provided in paragraphs  (1),  (2),
(3),  and  (4),  and (5) of this subsection (a), vacancies in
the office of a resident circuit judge in any  county  or  in
any unit or subcircuit of any circuit shall not be filled.
         (1)  If   in   any   county   of  less  than  45,000
    inhabitants there remains in  office  no  other  resident
    judge following the occurrence of a vacancy, such vacancy
    shall be filled.
         (2)  If  in  any  county  of 45,000 or more but less
    than 60,000 inhabitants there remains in office only  one
    resident  judge  following  the  occurrence of a vacancy,
    such vacancy shall be filled.
         (3)  If in any county of 60,000 or more inhabitants,
    other than the County of Cook or as provided in paragraph
    (5), there remain in  office  no  more  than  2  resident
    judges  following  the  occurrence  of  a  vacancy,  such
    vacancy shall be filled.
         (4)  The  County  of  Cook  shall  have 165 resident
    judges on and after the effective date of this amendatory
    Act of 1990.  Of those resident judgeships, (i) 56  shall
    be  those  authorized  before  the effective date of this
    amendatory Act of 1990 from the unit of  the  Circuit  of
    Cook  County  within  Chicago,  (ii)  27  shall  be those
    authorized before the effective date of  this  amendatory
    Act  of  1990 from the unit of the Circuit of Cook County
    outside Chicago, (iii) 12 shall  be  additional  resident
    judgeships  first  elected  at  the  general  election in
    November of 1992, (iv) 10 shall  be  additional  resident
    judgeships  first  elected  at  the  general  election in
    November of 1994, and (v) 60 shall be additional resident
    judgeships to be authorized one each for  each  reduction
    upon  vacancy  in  the  office  of associate judge in the
    Circuit of Cook County as those vacancies exist or  occur
    on and after the effective date of this amendatory Act of
    1990   and   as  those  vacancies  are  determined  under
    subsection (b) of Section 2 of the Associate  Judges  Act
    until the total resident judgeships authorized under this
    item  (v)  is  60.   Seven  of the 12 additional resident
    judgeships provided  in  item  (iii)  may  be  filled  by
    appointment  by  the  Supreme  Court  during  the  period
    beginning on the effective date of this amendatory Act of
    1990  and  ending  60 days before the primary election in
    March of 1992;  those  judicial  appointees  shall  serve
    until  the first Monday in December of 1992.  Five of the
    12 additional resident judgeships provided in item  (iii)
    may  be filled by appointment by the Supreme Court during
    the period beginning July 1,  1991  and  ending  60  days
    before  the  primary  election  in  March  of 1992; those
    judicial appointees shall serve until the first Monday in
    December of 1992.  Five of  the  10  additional  resident
    judgeships  provided  in  item  (iv)  may  be  filled  by
    appointment  by  the  Supreme  Court  during  the  period
    beginning  July  1,  1992  and  ending 60 days before the
    primary  election  in  March  of  1994;  those   judicial
    appointees shall serve until the first Monday in December
    of  1994.   The remaining 5 of the 10 additional resident
    judgeships  provided  in  item  (iv)  may  be  filled  by
    appointment  by  the  Supreme  Court  during  the  period
    beginning July 1, 1993 and  ending  60  days  before  the
    primary   election  in  March  of  1994;  those  judicial
    appointees shall serve until the first Monday in December
    1994.  The additional resident  judgeships  created  upon
    vacancy in the office of associate judge provided in item
    (v)  may  be  filled  by appointment by the Supreme Court
    beginning on the effective date of this amendatory Act of
    1990; but no additional resident judgeships created  upon
    vacancy in the office of associate judge provided in item
    (v)  shall  be filled during the 59 day period before the
    next primary election to nominate judges. The Circuit  of
    Cook  County  shall  be divided into units to be known as
    subcircuits as provided in  Section  2f  of  the  Circuit
    Courts  Act. A vacancy in the office of resident judge of
    the Circuit of Cook County existing on or occurring on or
    after the effective date of this amendatory Act of  1990,
    but  before  the date the subcircuits are created by law,
    shall be filled by appointment by the Supreme Court  from
    the  unit  within Chicago or the unit outside Chicago, as
    the case may be, in which the vacancy occurs  and  filled
    by  election  from the subcircuit to which it is allotted
    under Section 2f of the Circuit Courts Act.  A vacancy in
    the office of resident  judge  of  the  Circuit  of  Cook
    County  existing on or occurring on or after the date the
    subcircuits  are  created  by  law  shall  be  filled  by
    appointment by the Supreme Court and by election from the
    subcircuit to which it is allotted under  Section  2f  of
    the Circuit Courts Act.
         (5)  Resident  judges  in  the  12th, 19th, and 22nd
    judicial circuits are as provided in Sections 2f-1, 2f-2,
    2f-4, and 2f-5 of the Circuit Courts Act.
    (b)  Nothing in paragraphs (2) or (3) of  subsection  (a)
of  this  Section  shall be construed to require or permit in
any county a greater number of  resident  judges  than  there
were resident associate judges on January 1, 1967.
    (c)  Vacancies  authorized to be filled by this Section 2
shall be filled in the manner provided in Article VI  of  the
Constitution.
    (d)  A  person  appointed to fill a vacancy in the office
of circuit judge shall be, at  the  time  of  appointment,  a
resident  of  the  subcircuit  from  which  the  person whose
vacancy is being filled was elected if the  vacancy  occurred
in  a  circuit  divided  into  subcircuits Cook County.  If a
vacancy in the office of circuit judge occurred in a  circuit
not divided into subcircuits other than Cook County, a person
appointed  to  fill  the  vacancy  shall  be,  at the time of
appointment, a resident of the circuit from which the  person
whose  vacancy  is  being  filled  was  elected.    Except as
provided in Sections  2f-1,  2f-2,  2f-4,  and  2f-5  of  the
Circuit  Courts Act, if a vacancy occurred in the office of a
resident circuit  judge,  a  person  appointed  to  fill  the
vacancy  shall  be, at the time of appointment, a resident of
the county from which  the  person  whose  vacancy  is  being
filled was elected.
(Source: P.A. 90-342, eff. 8-8-97.)

    Section  20.  The  Associate  Judges  Act  is  amended by
changing Section 2 as follows:

    (705 ILCS 45/2) (from Ch. 37, par. 160.2)
    Sec. 2.  (a)  The  maximum  number  of  associate  judges
authorized  for each circuit is the greater of the applicable
minimum number specified in this  Section  or  one  for  each
35,000 or fraction thereof in population as determined by the
last  preceding  Federal  census,  except for circuits with a
population of more than 3,000,000 where the maximum number of
associate judges is one for each 29,000 or  fraction  thereof
in  population  as  determined  by the last preceding federal
census, reduced in circuits of less than 200,000  inhabitants
by  the  number  of  resident  circuit  judges elected in the
circuit in  excess  of  one  per  county.   In  addition,  in
circuits of 1,000,000 or more inhabitants, there shall be one
additional  associate  judge  authorized  for  each municipal
district of the circuit court. The number of associate judges
to be appointed in each circuit, not to  exceed  the  maximum
authorized,  shall  be  determined  from  time to time by the
Circuit  Court.  The  minimum  number  of  associate   judges
authorized  for  any  circuit  consisting  of a single county
shall be 14, except that the  minimum  in  the  22nd  circuit
shall   be   8.   The  minimum  number  of  associate  judges
authorized for any circuit consisting of 2  counties  with  a
combined population of at least 275,000 but less than 300,000
shall   be  10.   The  minimum  number  of  associate  judges
authorized for any circuit with  a  population  of  at  least
303,000  but  not  more than 309,000 shall be 10. The minimum
number of associate judges authorized for any circuit with  a
population  of  at  least  329,000, but not more than 335,000
shall  be  11.  The  minimum  number  of   associate   judges
authorized  for  any  circuit  with  a population of at least
173,000 shall be 5.   As  used  in  this  Section,  the  term
"resident  circuit  judge"  has  the  meaning given it in the
Judicial Vacancies Act.
    (b)  The maximum number of  associate  judges  authorized
under  subsection (a) for a circuit with a population of more
than  3,000,000  shall  be  reduced  as  provided   in   this
subsection (b).  For each vacancy that exists on or occurs on
or  after  the effective date of this amendatory Act of 1990,
that maximum number shall be reduced by one until  the  total
number of associate judges authorized under subsection (a) is
reduced  by 60.  A vacancy exists or occurs when an associate
judge  dies,  resigns,  retires,  is  removed,  or   is   not
reappointed  upon  expiration  of  his or her term; a vacancy
does not exist or occur at the expiration of a  term  if  the
associate judge is reappointed.
    (c)  The  maximum  number  of associate judges authorized
under subsection (a) for the 12th judicial circuit  shall  be
reduced  as provided in this subsection (c). For each vacancy
that exists on or occurs after the  effective  date  of  this
amendatory  Act  of  the  93rd General Assembly, that maximum
number shall be reduced by one  until  the  total  number  of
associate  judges  authorized under subsection (a) is reduced
by 2. A vacancy exists or occurs when  (i)  a  new  associate
judgeship  has  been  authorized under subsection (a) for the
12th judicial circuit, but has not been filled by appointment
or  (ii)  an  associate  judge  dies,  resigns,  retires,  is
removed, or is not reappointed upon expiration of his or  her
term.  A vacancy does not exist or occur at the expiration of
a term if the associate judge is reappointed.
(Source: P.A. 92-17, eff. 6-28-01.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

Effective Date: 8/18/2003