Public Act 90-0672 of the 90th General Assembly
Public Act 90-0672
HB2827 Enrolled LRB9009243JMdv
AN ACT to amend the Election Code.
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 1-6, 13-3, 13-10, 13-11, 14-5, 17-30, 25-10, and
25-11 as follows:
(10 ILCS 5/1-6)
Sec. 1-6. Computing dates of various acts Filing and
registration dates; Saturday, Sunday, and holidays.
(a) If the first or last day fixed by law to do any act
required or allowed by this Code for the filing of petitions
or certificates of nomination or petitions of objection to
nominating papers, or the last day fixed by law for the close
of registration or the last day fixed by law for the filing
of certificates of withdrawal of candidacy or of reports by
political committees required under Article 9, falls on a
State holiday or a Saturday or a Sunday, the filing or
registration period shall extend through the first business
day next following the day otherwise fixed as the first or
last day for filing or the close of registration,
irrespective of whether any election authority or local
election official conducts business on the State holiday,
Saturday, or Sunday.
(b) For the purposes of this Section, "State holiday"
means New Year's Day, Dr. Martin Luther King, Jr.'s Birthday,
Lincoln's Birthday, President's Day, Casimir Pulaski's
Birthday, Good Friday, Memorial Day, Independence Day, Labor
Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas
Day, and any other day from time to time declared by the
President of the United States or the Governor of Illinois to
be a day during which the agencies of the State of Illinois
that are ordinarily open to do business with the public shall
be closed for business.
(c) Notwithstanding any other provision of this Code,
nominating papers, petitions of objection to nominating
papers, certificates of withdrawal of candidacy, and reports
of political committees actually received by election
authorities and local election officials on a State holiday,
a Saturday, or a Sunday shall not be deemed invalid or
defective for that reason alone.
(Source: P.A. 89-653, eff. 8-14-96.)
(10 ILCS 5/13-3) (from Ch. 46, par. 13-3)
Sec. 13-3. After the judges of election have been
selected and approved as hereinbefore provided, a report of
such selections shall be made by the county board and filed
in the circuit court, and application shall then be made by
the county board to the 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. The county
board 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 the same to be
published in one or more newspapers in the county and if no
newspaper be published therein then by posting such notice in
5 of the most public places in the county. The notice shall
state that a list of judges of election is available for
public inspection in the office of the election authority.,
and 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 county clerk as having satisfactorily
completed within the preceding 6 months the training course
and examination for judges of election, as provided in
Section 13-2.1 and 13-2.2 of this Act, such appointment shall
be confirmed by order entered by that court.
If in any precinct the requisite 2 judges have not been
so certified by the county clerk as having satisfactorily
completed such course and examination, the county clerk 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 county clerk 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 judge be 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 vacancy exists at any time the county board shall,
subject to the provisions of Section 13-1.1, 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 county clerk
of each county for such purpose and furnished to the county
board, and after confirmation and acceptance of such
commission, such judges shall thereupon become officers of
such court. If a vacancy occurs so late that nomination by
the county board and application to and confirmation by the
court cannot be had before the election, then the court
shall, subject to the provisions of Section 13-1.1, 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 as if nominated by the county board and 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
county clerk 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 has the right, at any time, in case of misbehavior or
neglect of duty, to remove any judge of election and cause
such vacancy to be filled in accordance with this Act. The
board shall have 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 chairman who made the
initial recommendation of the election judge. If any
vacancies occur or exist more than 15 days before election
the judges appointed to such places must be confirmed by such
court. The county board shall not voluntarily remove any
judge within 15 days of such election except for flagrant
misbehavior, incapacity or dishonesty, and the reason
therefor must afterward be reported in writing to such court
and made a matter of public record, with a copy to be sent to
the appropriate county chairman who made the initial
recommendation of the election judge. Provided further that
where a vacancy in the office of judge of election exists 20
days or less prior to any election in counties having a
population of 3,000,000 or more inhabitants, or where such
vacancy exists 10 days or less prior to any election in
counties having less than 3,000,000 inhabitants, the county
clerk shall, subject to the provisions of Section 13-1.1,
appoint a person of the same major political party to fill
such vacancy and issue a commission thereto. The name of the
officer so appointed shall be reported to the court as a
matter of record and after acceptance of such commission such
person shall be liable in the same manner as officers
regularly appointed by the county board and confirmed by the
court. The county clerk 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 13-7 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 13-1.1 and
must be qualified in accordance with Section 13-4.
If any precinct has increased in voter registration
beyond the maximum of 800 provided in Section 11-2, the
county clerk may appoint one additional judge of election
from each political party for each 200 voters in excess of
800.
(Source: P.A. 86-867; 86-1348.)
(10 ILCS 5/13-10) (from Ch. 46, par. 13-10)
Sec. 13-10. The compensation of the judges of all
primaries and all elections, except judges supervising
absentee ballots as provided in Section 19-12.2 of this Act,
in counties of less than 600,000 inhabitants shall be fixed
by the respective county boards or boards of election
commissioners in all counties and municipalities, but in no
case shall such compensation be less than $35 nor more than
$75 per day. The compensation of judges of all primaries and
all elections not under the jurisdiction of the county clerk,
except judges supervising absentee balloting as provided in
Section 19-12.2 of this Act, in counties having a population
of 2,000,000 or more shall be not less than $60 nor more than
$75 per day. The compensation of judges of all primaries and
all elections under the jurisdiction of the county clerk,
except judges supervising absentee balloting as provided in
Section 19-12.2 of this Act, in counties having a population
of 2,000,000 or more shall be not less than $60 nor more than
$75 per day. The compensation of judges of all primaries and
all elections, except judges supervising absentee ballots as
provided in Section 19-12.2 of this Act, in counties having a
population of at least 600,000 but less than 2,000,000
inhabitants shall be not less than $45 nor more than $75 per
day as fixed by the county board of election commissioners of
each such county. In addition to their per day compensation
and notwithstanding the limitations thereon stated herein,
the judges of election, in all counties with a population of
less than 600,000, shall be paid $3 each for each 100 voters
or portion thereof, in excess of 200 voters voting for
candidates in the election district or precinct wherein the
judge is serving, whether a primary or an election is being
held. However, no such extra compensation shall be paid to
the judges of election in any precinct in which no paper
ballots are counted by such judges of election. The 2 judges
of election in counties having a population of less than
600,000 who deliver the returns to the county clerk shall
each be allowed and paid a sum to be determined by the
election authority for such services and an additional sum
per mile to be determined by the election authority for every
mile necessarily travelled in going to and returning from the
office or place to which they deliver the returns. The
compensation for mileage shall be consistent with current
rates paid for mileage to employees of the county.
However, all judges who have been certified by the County
Clerk or Board of Election Commissioners as having
satisfactorily completed, within the 2 years preceding the
day of election, the training course for judges of election,
as provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this
Act, shall receive additional compensation of not less than
$10 nor more than $25 per day in counties of less than
600,000 inhabitants, the additional compensation of not less
than $10 nor more than $25 per day in counties having a
population of at least 600,000 but less than 2,000,000
inhabitants as fixed by the county board of election
commissioners of each such county, and additional
compensation of not less than $20 nor more than $25 per day
in counties having a population of 2,000,000 or more for
primaries and elections not under the jurisdiction of the
county clerk, and additional compensation of not less than
$20 nor more than $25 per day in counties having a population
of 2,000,000 or more for primaries and elections under the
jurisdiction of the county clerk.
In precincts in which there are tally judges, the
compensation of the tally judges shall be 2/3 of that of the
judges of election and each holdover judge shall be paid the
compensation of a judge of election plus that of a tally
judge.
Beginning on the effective date of this amendatory Act of
1998, the portion of an election judge's daily compensation
reimbursed by the State Board of Elections is increased by
$15. The increase provided by this amendatory Act of 1998
must be used to increase each judge's compensation and may
not be used by the county to reduce its portion of a judge's
compensation.
(Source: P.A. 87-1052; 87-1241.)
(10 ILCS 5/13-11) (from Ch. 46, par. 13-11)
Sec. 13-11. It shall be the duty of the county clerk, on
the receipt of the election returns of any general or special
election, to make out his certificate, stating the
compensation to which the judges of each election may be
entitled for their services, and lay the same before the
county board at its next session; and the board shall order
the compensation aforesaid to be paid out of the county
treasury. The State Board of Elections shall reimburse such
county in the amount of the increase in compensation provided
in Public Acts 81-850 and 81-1149 and by this amendatory Act
of 1998.
(Source: P.A. 81-850; 81-1149.)
(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 the same 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., and 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. 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 chairman 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 chairman 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. 86-867; 86-1348.)
(10 ILCS 5/17-30) (from Ch. 46, par. 17-30)
Sec. 17-30. Except as provided herein, each county shall
provide for and pay the costs and expenses of all elections
within the county other than within the jurisdiction of a
municipal Board of Election Commissioners, as well as the
costs expended within the jurisdiction of a municipal Board
of Election Commissioners for the registration and canvassing
of voters in even-numbered years. Each municipality with the
first Board of Election Commissioners established within a
county shall provide for and pay the costs and expenses of
all elections within the jurisdiction of the Board of
Election Commissioners. The State shall reimburse each county
and municipality in the amount of the increase in
compensation provided in Public Acts 81-850 and 81-1149 and
by this amendatory Act of 1998.
For each emergency referendum and each special election
not conducted at the time of a regular election, each county
and municipality responsible for paying for the costs and
expenses shall directly pay for or be reimbursed by every
other political subdivision for which officers or public
questions are on the ballot within the jurisdiction of the
election authority of such county or municipality except such
costs and expenses as are required to be reimbursed by the
State. For each primary election for the nomination of
municipal officers held in a municipality with a population
of 5000 or less in accordance with Article 7, the county in
which such municipality is located shall be reimbursed by the
municipality for all costs and expenses attributable to such
primary election, except for those costs and expenses
required to be reimbursed by the State. Each such political
subdivision shall provide for and shall promptly pay such
reimbursement of the total costs and expenses of that
election attributable to its offices or propositions as the
case may be, not including such costs and expenses as are
required to be reimbursed by the State.
(10 ILCS 5/25-10) (from Ch. 46, par. 25-10)
Sec. 25-10. This Section applies only to counties of
3,000,000 or more population. When a vacancy occurs in the
office of Clerk of the Circuit Court of any of the counties
in this State, it shall be the duty of the Circuit Judges of
the respective judicial circuit in which such vacancy may
occur, to make an appointment to fill the vacancy for the
remainder of the unexpired term. However, if more than 28
months remain in the term, the appointment shall be until the
next general election, at which time a clerk of the circuit
court shall be elected for the balance of the unexpired term.
The appointee shall be a member of the same political party
as the person he succeeds was at the time of his election and
shall be otherwise eligible to serve as Clerk of the Circuit
Court. The Circuit Judges may appoint a Clerk Pro Tempore for
whatever period is necessary while reviewing the
qualifications of candidates for appointment to the office.
(Source: P.A. 86-875; 86-1348.)
(10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
Sec. 25-11. When a vacancy occurs in any elective county
office, or in a county of less than 3,000,000 population in
the office of clerk of the circuit court, in a county which
is not a home rule unit, the county board shall declare that
such vacancy exists and notification thereof shall be given
to the county central committee or the appropriate county
board district committee of each established political party
within 3 days of the occurrence of the vacancy. The vacancy
shall be filled within 60 days by appointment of the chairman
of the county board with the advice and consent of the county
board. The appointee shall be a member of the same political
party as the person he succeeds was at the time of his
election and shall be otherwise eligible to serve. The
appointee shall serve the remainder of the unexpired term.
However, if more than 28 months remain in the term, the
appointment shall be until the next general election at which
time the vacated county office shall be filled by election
for the remainder of the term. In the case of a vacancy in a
seat on a county board which has been divided into districts
under "An Act relating to the composition of an election of
county boards in certain counties", approved October 2, 1969,
as amended, the appointee must also be a resident of the
county board district.
Except as otherwise provided by county ordinance or by
law, in any county which is a home rule unit, vacancies in
elective county offices, other than the office of chief
executive officer, and vacancies in the office of clerk of
the circuit court in a county of less than 3,000,000
population, shall be filled by the county board.
(Source: P.A. 84-790.)
Section 99. Effective date. This Act takes effect upon
becoming law.