Bill Text: IL HB3656 | 2013-2014 | 98th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Election Code. Removes provisions requiring the establishment of a county board of election commissioners in Lake County. Effective immediately.
Spectrum: Moderate Partisan Bill (Republican 7-2)
Status: (Failed) 2014-12-03 - Session Sine Die [HB3656 Detail]
Download: Illinois-2013-HB3656-Introduced.html
Bill Title: Amends the Election Code. Removes provisions requiring the establishment of a county board of election commissioners in Lake County. Effective immediately.
Spectrum: Moderate Partisan Bill (Republican 7-2)
Status: (Failed) 2014-12-03 - Session Sine Die [HB3656 Detail]
Download: Illinois-2013-HB3656-Introduced.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||||||||||||||||||||||
5 | Sections 6A-1 and 6A-3 as follows:
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6 | (10 ILCS 5/6A-1) (from Ch. 46, par. 6A-1)
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7 | Sec. 6A-1.
(a) Any county in which there is no city, | ||||||||||||||||||||||||||
8 | village or incorporated town
with a board of election | ||||||||||||||||||||||||||
9 | commissioners may establish a county board of
election | ||||||||||||||||||||||||||
10 | commissioners either (1) by ordinance of the county board or
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11 | (2) by vote of the electors of the county in accordance with | ||||||||||||||||||||||||||
12 | subsection (a) of Section
6A-2.
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13 | The fact that some territory in a county is within the | ||||||||||||||||||||||||||
14 | corporate
limits of a city, village or incorporated town with a | ||||||||||||||||||||||||||
15 | board of election
commissioners does not prevent that county | ||||||||||||||||||||||||||
16 | from establishing a county
board of election commissioners in | ||||||||||||||||||||||||||
17 | accordance with this Article if no
portion of such city, | ||||||||||||||||||||||||||
18 | village or incorporated town was within the county
at the time | ||||||||||||||||||||||||||
19 | of the establishment of the board of election commissioners
for | ||||||||||||||||||||||||||
20 | such city, village or incorporated town. If such a county
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21 | establishes a county board of election commissioners pursuant | ||||||||||||||||||||||||||
22 | to this
Article, the county board of election commissioners | ||||||||||||||||||||||||||
23 | shall, with respect
to the territory in the county within the |
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1 | corporate limits of the city,
village or incorporated town, | ||||||
2 | supersede the board of election
commissioners of that city, | ||||||
3 | village or incorporated town.
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4 | (b) (Blank). Any county with a population of more than | ||||||
5 | 700,000 persons as of the 2010 federal decennial census that | ||||||
6 | borders another state and borders no more than 2 other Illinois | ||||||
7 | counties, shall be subject to a county board of election | ||||||
8 | commissioners beginning 90 days after the effective date of | ||||||
9 | this amendatory Act of the 98th General Assembly. | ||||||
10 | (c) Any county with a population of less than 200,000 but | ||||||
11 | more than 175,000 persons as of the 2010 federal decennial | ||||||
12 | census in which a city, village, or incorporated town with a | ||||||
13 | board of election commissioners is located may establish a | ||||||
14 | county board of election commissioners by vote of the electors | ||||||
15 | of the county in accordance with subsection (b) of Section | ||||||
16 | 6A-2. If such a county establishes a county board of election | ||||||
17 | commissioners, the county board of election commissioners, | ||||||
18 | with respect to the territory in the county within the | ||||||
19 | corporate limits of the city, village, or incorporated town, | ||||||
20 | shall supersede the board of election commissioners of that | ||||||
21 | city, village, or incorporated town. | ||||||
22 | (Source: P.A. 98-115, eff. 7-29-13.)
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23 | (10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
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24 | Sec. 6A-3. Commissioners; filling vacancies. | ||||||
25 | (a) If the county board adopts an ordinance providing for |
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1 | the
establishment of a county board of election commissioners, | ||||||
2 | or if a
majority of the votes cast on a proposition submitted | ||||||
3 | in accordance with
Section 6A-2(a) are in favor of a county | ||||||
4 | board of election commissioners, a
county board of election | ||||||
5 | commissioners shall be appointed in the same
manner as is | ||||||
6 | provided in Article 6 for boards of election commissioners
in | ||||||
7 | cities, villages and incorporated towns, except that the county | ||||||
8 | board of
election commissioners shall be appointed by the | ||||||
9 | chairman of the county board
rather than the circuit court. | ||||||
10 | However, before any
appointments are made, the appointing | ||||||
11 | authority shall ascertain whether
the county clerk desires to | ||||||
12 | be a member of the county board of election
commissioners. If | ||||||
13 | the county clerk so
desires, he shall be one of the
members of | ||||||
14 | the county board of election commissioners, and the
appointing | ||||||
15 | authority shall appoint only 2 other members.
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16 | (b) (Blank). For any county board of election commissioners | ||||||
17 | established under subsection (b) of Section 6A-1, within 30 | ||||||
18 | days after the effective date of this amendatory Act of the | ||||||
19 | 98th General Assembly, the chief judge of the circuit court of | ||||||
20 | the county shall appoint 5 commissioners. At least 4 of those | ||||||
21 | commissioners shall be selected from the 2 major established | ||||||
22 | political parties of the State, with at least 2 from each of | ||||||
23 | those parties. Such appointment shall be entered of record in | ||||||
24 | the office of the County Clerk and the State Board of | ||||||
25 | Elections. Those first appointed shall hold their offices for | ||||||
26 | the period of one, 2, and 3 years respectively, and the judge |
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1 | appointing them shall designate the term for which each | ||||||
2 | commissioner shall hold his or her office, whether for one, 2 | ||||||
3 | or 3 years except that no more than one commissioner from each | ||||||
4 | major established political party may be designated the same | ||||||
5 | term. After the initial term, each commissioner or his or her | ||||||
6 | successor shall be appointed to a 3 year term. No elected | ||||||
7 | official or former elected official who has been out of elected | ||||||
8 | office for less than 2 years may be appointed to the board. | ||||||
9 | Vacancies shall be filled by the chief judge of the circuit | ||||||
10 | court within 30 days of the vacancy in a manner that maintains | ||||||
11 | the foregoing political party representation. | ||||||
12 | (c) For any county board of election commissioners | ||||||
13 | established under subsection (c) of Section 6A-1, within 30 | ||||||
14 | days after the conclusion of the election at which the | ||||||
15 | proposition to establish a county board of election | ||||||
16 | commissioners is approved by the voters, the municipal board | ||||||
17 | shall apply to the circuit court of the county for the chief | ||||||
18 | judge of the circuit court to appoint 2 additional | ||||||
19 | commissioners, one of whom shall be from each major established | ||||||
20 | political party and neither of whom shall reside within the | ||||||
21 | limits of the municipal board, so that 3 commissioners shall | ||||||
22 | reside within the limits of the municipal board and 2 shall | ||||||
23 | reside within the county but not within the municipality, as it | ||||||
24 | may exist from time to time. Not more than 3 of the | ||||||
25 | commissioners shall be members of the same major established | ||||||
26 | political party. Vacancies shall be filled by the chief judge |
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1 | of the circuit court upon application of the remaining | ||||||
2 | commissioners in a manner that maintains the foregoing | ||||||
3 | geographical and political party representation. | ||||||
4 | (Source: P.A. 98-115, eff. 7-29-13.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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