Bill Text: IL HB2416 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Election Code. Requires that a majority of a panel of election judges be affiliated with the first leading established political party in the precinct and that the others be affiliated with other leading established political parties (now, the others must be affiliated with the second leading party).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB2416 Detail]

Download: Illinois-2009-HB2416-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2416 Introduced 2/19/2009, by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED:
10 ILCS 5/13-1 from Ch. 46, par. 13-1
10 ILCS 5/13-1.1 from Ch. 46, par. 13-1.1
10 ILCS 5/13-2 from Ch. 46, par. 13-2
10 ILCS 5/14-3.1 from Ch. 46, par. 14-3.1
10 ILCS 5/14-3.2 from Ch. 46, par. 14-3.2
10 ILCS 5/14-4 from Ch. 46, par. 14-4
Amends the Election Code. Requires that a majority of a panel of election judges be affiliated with the first leading established political party in the precinct and that the others be affiliated with other leading established political parties (now, the others must be affiliated with the second leading party).
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A BILL FOR
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AN ACT concerning elections.
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 13-1, 13-1.1, 13-2, 14-3.1, 14-3.2, and 14-4 as
follows:
(10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
Sec. 13-1. In counties not under township organization, the
county board of commissioners shall at its meeting in July in
each even-numbered year appoint in each election precinct 5
capable and discreet persons meeting the qualifications of
Section 13-4 to be judges of election. Where neither voting
machines nor electronic, mechanical or electric voting systems
are used, the county board may, for any precinct with respect
to which the board considers such action necessary or desirable
in view of the number of voters, and shall for general
elections for any precinct containing more than 600 registered
voters, appoint in addition to the 5 judges of election a team
of 5 tally judges. In such precincts the judges of election
shall preside over the election during the hours the polls are
open, and the tally judges, with the assistance of the holdover
judges designated pursuant to Section 13-6.2, shall count the
vote after the closing of the polls. However, the County Board

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of Commissioners may appoint 3 judges of election to serve in
lieu of the 5 judges of election otherwise required by this
Section to serve in any emergency referendum, or in any
odd-year regular election or in any special primary or special
election called for the purpose of filling a vacancy in the
office of representative in the United States Congress or to
nominate candidates for such purpose. The tally judges shall
possess the same qualifications and shall be appointed in the
same manner and with the same division between political
parties as is provided for judges of election.
In addition to such precinct judges, the county board of
commissioners shall appoint special panels of 3 judges each,
who shall possess the same qualifications and shall be
appointed in the same manner and with the same division between
political parties as is provided for other judges of election.
The number of such panels of judges required shall be
determined by regulations of the State Board of Elections which
shall base the required numbers of special panels on the number
of registered voters in the jurisdiction or the number of
absentee ballots voted at recent elections, or any combination
of such factors.
Such appointment shall be confirmed by the court as
provided in Section 13-3 of this Article. No more than 3
persons of the same political party shall be appointed judges
of the same election precinct or election judge panel. The
appointment shall be made in the following manner: The county

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board of commissioners shall select and approve 3 persons as
judges of election in each election precinct from a certified
list, furnished by the chairman of the County Central Committee
of the first leading political party in such precinct; and the
county board of commissioners shall also select and approve 2
persons as judges of election in each election precinct from a
certified lists list, furnished by the chairmen chairman of the
County Central committees Committee of the other second leading
political parties party. However, if only 3 judges of election
serve in each election precinct, no more than 2 persons of the
same political party shall be judges of election in the same
election precinct; and which political party is entitled to 2
judges of election and which political party is entitled to one
judge of election shall be determined in the same manner as set
forth in the next two preceding sentences with regard to 5
election judges in each precinct. Such certified list shall be
filed with the county clerk not less than 10 days before the
annual meeting of the county board of commissioners. Such list
shall be arranged according to precincts. The chairman of each
county central committee shall, insofar as possible, list
persons who reside within the precinct in which they are to
serve as judges. However, he may, in his sole discretion,
submit the names of persons who reside outside the precinct but
within the county embracing the precinct in which they are to
serve. He must, however, submit the names of at least 2
residents of the precinct for each precinct in which his party

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is to have 3 judges and must submit the name of at least one
resident of each other the precinct for each precinct in which
his party is to have 2 judges. The county board of
commissioners shall acknowledge in writing to each county
chairman the names of all persons submitted on such certified
list and the total number of persons listed thereon. If no such
list is filed or such list is incomplete (that is, no names or
an insufficient number of names are furnished for certain
election precincts), the county board of commissioners shall
make or complete such list from the names contained in the
supplemental list provided for in Section 13-1.1. The election
judges shall hold their office for 2 years from their
appointment, and until their successors are duly appointed in
the manner provided in this Act. The county board of
commissioners shall fill all vacancies in the office of judge
of election at any time in the manner provided in this Act.
For purposes of this Article, a leading political party
must be an established political party as defined in Article
10.
(Source: P.A. 94-1000, eff. 7-3-06.)
(10 ILCS 5/13-1.1) (from Ch. 46, par. 13-1.1)
Sec. 13-1.1. In addition to the list provided for in
Section 13-1 or 13-2, the chairman of the county central
committee of each of the two leading political parties shall
submit to the county board a supplemental list, arranged

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according to precincts in which they are to serve, of persons
available as judges of election, the names and number of all
persons listed thereon to be acknowledged in writing to the
county chairman submitting such list by the county board.
Vacancies among the judges of election shall be filled by
selection from this supplemental list of persons qualified
under Section 13-4. If the list provided for in Section 13-1 or
13-2 for any precinct is exhausted, then selection shall be
made from the supplemental list submitted by the chairman of
the county central committee of the party. If such supplemental
list is exhausted for any precinct, then selection shall be
made from any of the persons on the supplemental list without
regard to the precincts in which they are listed to serve. No
selection or appointment from the supplemental list shall be
made more than 21 days prior to the date of precinct
registration for those judges needed as precinct registrars,
and more than 45 days prior to the date of an election for
those additional persons needed as election judges. In any case
where selection cannot be made from the supplemental list
without violating Section 13-4, selection shall be made from
outside the supplemental list of some person qualified under
Section 13-4.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
Sec. 13-2. In counties under the township organization the

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county board shall at its meeting in July in each even-numbered
year except in counties containing a population of 3,000,000
inhabitants or over and except when such judges are appointed
by election commissioners, select in each election precinct in
the county, 5 capable and discreet persons to be judges of
election who shall possess the qualifications required by this
Act for such judges. Where neither voting machines nor
electronic, mechanical or electric voting systems are used, the
county board may, for any precinct with respect to which the
board considers such action necessary or desirable in view of
the number of voters, and shall for general elections for any
precinct containing more than 600 registered voters, appoint in
addition to the 5 judges of election a team of 5 tally judges.
In such precincts the judges of election shall preside over the
election during the hours the polls are open, and the tally
judges, with the assistance of the holdover judges designated
pursuant to Section 13-6.2, shall count the vote after the
closing of the polls. The tally judges shall possess the same
qualifications and shall be appointed in the same manner and
with the same division between political parties as is provided
for judges of election.
However, the county board may appoint 3 judges of election
to serve in lieu of the 5 judges of election otherwise required
by this Section to serve in any emergency referendum, or in any
odd-year regular election or in any special primary or special
election called for the purpose of filling a vacancy in the

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office of representative in the United States Congress or to
nominate candidates for such purpose.
In addition to such precinct judges, the county board shall
appoint special panels of 3 judges each, who shall possess the
same qualifications and shall be appointed in the same manner
and with the same division between political parties as is
provided for other judges of election. The number of such
panels of judges required shall be determined by regulations of
the State Board of Elections, which shall base the required
number of special panels on the number of registered voters in
the jurisdiction or the number of absentee ballots voted at
recent elections or any combination of such factors.
No more than 3 persons of the same political party shall be
appointed judges in the same election district or undivided
precinct. The election of the judges of election in the various
election precincts shall be made in the following manner: The
county board shall select and approve 3 of the election judges
in each precinct from a certified list furnished by the
chairman of the County Central Committee of the first leading
political party in such election precinct and shall also select
and approve 2 judges of election in each election precinct from
a certified lists list furnished by the chairmen chairman of
the County Central Committees Committee of the other second
leading political parties party in such election precinct.
However, if only 3 judges of election serve in each election
precinct, no more than 2 persons of the same political party

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shall be judges of election in the same election precinct; and
which political party is entitled to 2 judges of election and
which political party is entitled to one judge of election
shall be determined in the same manner as set forth in the next
two preceding sentences with regard to 5 election judges in
each precinct. The respective County Central Committee
chairman shall notify the county board by June 1 of each
odd-numbered year immediately preceding the annual meeting of
the county board whether or not such certified list will be
filed by such chairman. Such list shall be arranged according
to precincts. The chairman of each county central committee
shall, insofar as possible, list persons who reside within the
precinct in which they are to serve as judges. However, he may,
in his sole discretion, submit the names of persons who reside
outside the precinct but within the county embracing the
precinct in which they are to serve. He must, however, submit
the names of at least 2 residents of the precinct for each
precinct in which his party is to have 3 judges and must submit
the name of at least one resident of each other the precinct
for each precinct in which his party is to have 2 judges. Such
certified list, if filed, shall be filed with the county clerk
not less than 20 days before the annual meeting of the county
board. The county board shall acknowledge in writing to each
county chairman the names of all persons submitted on such
certified list and the total number of persons listed thereon.
If no such list is filed or the list is incomplete (that is, no

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names or an insufficient number of names are furnished for
certain election precincts), the county board shall make or
complete such list from the names contained in the supplemental
list provided for in Section 13-1.1. Provided, further, that in
any case where a township has been or shall be redistricted, in
whole or in part, subsequent to one general election for
Governor, and prior to the next, the judges of election to be
selected for all new or altered precincts shall be selected in
that one of the methods above detailed, which shall be
applicable according to the facts and circumstances of the
particular case, but the majority of such judges for each such
precinct shall be selected from the first leading political
party, and the minority judges from the second leading
political party. Provided, further, that in counties having a
population of 1,000,000 inhabitants or over the selection of
judges of election shall be made in the same manner in all
respects as in other counties, except that the provisions
relating to tally judges are inapplicable to such counties and
except that the county board shall meet during the month of
January for the purpose of making such selection and the
chairman of each county central committee shall notify the
county board by the preceding October 1 whether or not the
certified list will be filed. Such judges of election shall
hold their office for 2 years from their appointment and until
their successors are duly appointed in the manner provided in
this Act. The county board shall fill all vacancies in the

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office of judges of elections at any time in the manner herein
provided.
Such selections under this Section shall be confirmed by
the circuit court as provided in Section 13-3 of this Article.
(Source: P.A. 94-1000, eff. 7-3-06.)
(10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
Sec. 14-3.1. The board of election commissioners shall,
during the month of July of each even-numbered year, select for
each election precinct within the jurisdiction of the board 5
persons to be judges of election who shall possess the
qualifications required by this Act for such judges. The
selection shall be made by a county board of election
commissioners in the following manner: the county board of
election commissioners shall select and approve 3 persons as
judges of election in each election precinct from a certified
list furnished by the chairman of the county central committee
of the first leading political party in that precinct; the
county board of election commissioners also shall select and
approve 2 persons as judges of election in each election
precinct from a certified lists list furnished by the chairmen
chairman of the county central committees committee of the
other second leading political parties party in that precinct.
The selection by a municipal board of election commissioners
shall be made in the following manner: for each precinct, 3
judges shall be selected from one of the 2 leading political

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parties and the other 2 judges shall be selected from the other
leading political parties party; the parties entitled to 3 and
the other 2 judges, respectively, in the several precincts
shall be determined as provided in Section 14-4. However, a
Board of Election Commissioners may appoint three judges of
election to serve in lieu of the 5 judges of election otherwise
required by this Section to serve in any emergency referendum,
or in any odd-year regular election or in any special primary
or special election called for the purpose of filling a vacancy
in the office of representative in the United States Congress
or to nominate candidates for such purpose.
If only 3 judges of election serve in each election
precinct, no more than 2 persons of the same political party
shall be judges of election in the same election precinct, and
which political party is entitled to 2 judges of election and
which political party is entitled to one judge of election
shall be determined as set forth in this Section for a county
board of election commissioners' selection of 5 election judges
in each precinct or in Section 14-4 for a municipal board of
election commissioners' selection of election judges in each
precinct, whichever is appropriate. In addition to such
precinct judges, the board of election commissioners shall
appoint special panels of 3 judges each, who shall possess the
same qualifications and shall be appointed in the same manner
and with the same division between political parties as is
provided for other judges of election. The number of such

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panels of judges required shall be determined by regulation of
the State Board of Elections, which shall base the required
number of special panels on the number of registered voters in
the jurisdiction or the number of absentee ballots voted at
recent elections or any combination of such factors. A
municipal board of election commissioners shall make the
selections of persons qualified under Section 14-1 from
certified lists furnished by the chairman of the respective
county central committees of the 2 leading political parties.
Lists furnished by chairmen of county central committees under
this Section shall be arranged according to precincts. The
chairman of each county central committee shall, insofar as
possible, list persons who reside within the precinct in which
they are to serve as judges. However, he may, in his sole
discretion, submit the names of persons who reside outside the
precinct but within the county embracing the precinct in which
they are to serve. He must, however, submit the names of at
least 2 residents of the precinct for each precinct in which
his party is to have 3 judges and must submit the name of at
least one resident of the precinct for each other precinct in
which his party is to have 2 judges. The board of election
commissioners shall no later than March 1 of each even-numbered
year notify the chairmen of the respective county central
committees of their responsibility to furnish such lists, and
each such chairman shall furnish the board of election
commissioners with the list for his party on or before May 1 of

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each even-numbered year. The board of election commissioners
shall acknowledge in writing to each county chairman the names
of all persons submitted on such certified list and the total
number of persons listed thereon. If no such list is furnished
or if no names or an insufficient number of names are furnished
for certain precincts, the board of election commissioners
shall make or complete such list from the names contained in
the supplemental list provided for in Section 14-3.2. Judges of
election shall hold their office for 2 years from their
appointment and until their successors are duly appointed in
the manner herein provided. The board of election commissioners
shall, subject to the provisions of Section 14-3.2, fill all
vacancies in the office of judges of election at any time in
the manner herein provided.
Such selections under this Section shall be confirmed by
the court as provided in Section 14-5.
For purposes of this Article, a leading political party
must be an established political party as defined in Article
10.
(Source: P.A. 94-1000, eff. 7-3-06.)
(10 ILCS 5/14-3.2) (from Ch. 46, par. 14-3.2)
Sec. 14-3.2. In addition to the list provided for in
Section 14-3.1, the chairman of the county central committee of
each of the 2 leading political parties shall furnish to the
board of election commissioners a supplemental list, arranged

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according to precinct in which they are to serve, of persons
available as judges of election, the names and number of all
persons listed thereon to be acknowledged in writing to the
county chairman submitting such list by the board of election
commissioners. The board of election commissioners shall
select from this supplemental list persons qualified under
Section 14-1, to fill vacancies among the judges of election.
If the list provided for in Section 14-3.1 for any precinct is
exhausted, then selection shall be made from the supplemental
list furnished by the chairman of the county central committee
of the party. If such supplemental list is exhausted for any
precinct, then selection shall be made from any of the persons
on the supplemental list without regard to the precincts in
which they are listed to serve. No selection or appointment
from the supplemental list shall be made more than 21 days
prior to the date of precinct registration for those judges
needed as precinct registrars, and more than 45 days prior to
the date of an election for those additional persons needed as
election judges. In any case where selection cannot be made
from the supplemental list without violating Section 14-1,
selection shall be made from outside the supplemental list of
some person qualified under Section 14-1.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/14-4) (from Ch. 46, par. 14-4)
Sec. 14-4. The leading political party represented by the

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greatest number a minority of all the commissioners in the
board shall be entitled to 2 of the judges in each precinct
with an even number, and 3 of the judges in each precinct with
an even odd number, and the other leading political parties
party shall be entitled to 3 judges in the odd even and 2
judges in the odd number precincts; and if only 3 judges of
election serve in each precinct, the leading political party
represented by the greatest number minority of all the
commissioners in the board shall be entitled to 2 one of the
judges of election in each precinct with an even number, and 2
of the judges of election in each precinct with an odd number,
and the other leading political parties party shall be entitled
to 2 judges of election in the even and one judge of election
in the odd number precincts; and it shall be the duty of such
commissioners to observe this division in all respects in
making such appointments; except that this Section does not
apply to appointments by county boards of election
commissioners under Section 14-3.1.
(Source: P.A. 91-357, eff. 7-29-99.)