Bill Text: IL HB4884 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Election Code. Adds 3 members to the State Board of Elections, to be appointed from political parties other than the 2 parties whose gubernatorial nominees received the highest and second highest number of votes in the most recent general election. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-15 - Referred to Rules Committee [HB4884 Detail]

Download: Illinois-2009-HB4884-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4884 Introduced 1/15/2010, by Rep. William B. Black SYNOPSIS AS INTRODUCED:
10 ILCS 5/1A-2 from Ch. 46, par. 1A-2
10 ILCS 5/1A-3 from Ch. 46, par. 1A-3
10 ILCS 5/1A-3.1 from Ch. 46, par. 1A-3.1
10 ILCS 5/1A-4 from Ch. 46, par. 1A-4
10 ILCS 5/1A-7 from Ch. 46, par. 1A-7
Amends the Election Code. Adds 3 members to the State Board of Elections, to be appointed from political parties other than the 2 parties whose gubernatorial nominees received the highest and second highest number of votes in the most recent general election. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
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 1A-2, 1A-3, 1A-3.1, 1A-4, and 1A-7 as follows:
(10 ILCS 5/1A-2) (from Ch. 46, par. 1A-2)
Sec. 1A-2. The State Board of Elections shall consist of 11
8 members, 6 4 of whom shall be residents of Cook County and 5 4
of whom shall be residents of the State outside of Cook County.
Of the 6 4 members from Cook County each area of required
residence, (i) 2 shall be affiliated with the same political
party as the Governor, (ii) and 2 shall be affiliated with the
political party whose nominee for Governor in the most recent
general election received the second highest number of votes,
and (iii) 2 shall be affiliated with a political party or
parties different than those represented by (i) and (ii). Of
the members from outside Cook County, (i) 2 shall be affiliated
with the same political party as the Governor, (ii) 2 shall be
affiliated with the political party whose nominee for Governor
in the most recent general election received the second highest
number of votes, and (iii) one shall be affiliated with a
political party different from those represented by (i) and
(ii). Members shall be persons who have extensive knowledge of

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the election laws of this State.
(Source: P.A. 80-1178.)
(10 ILCS 5/1A-3) (from Ch. 46, par. 1A-3)
Sec. 1A-3. Subject to the confirmation requirements of
Section 1A-4 and except as otherwise provided in this Section,
4 members of the State Board of Elections shall be appointed in
each odd-numbered year as follows:
(1) The Governor shall appoint 2 members of the same
political party with which he is affiliated, one from each area
of required residence.
(2) The Governor shall appoint 2 members of the political
party whose candidate for Governor in the most recent general
election received the second highest number of votes, one from
each area of required residence, from a list of nominees
submitted by the first state executive officer in the order
indicated herein affiliated with such political party:
Attorney General, Secretary of State, Comptroller, and
Treasurer. If none of the State executive officers listed
herein is affiliated with such political party, the nominating
State officer shall be the first State executive officer in the
order indicated herein affiliated with an established
political party other than that of the Governor.
(2.5) Depending upon the number to be appointed, the
Governor shall appoint one or 2 members representing political
parties whose nominees for Governor did not receive the first

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or second highest number of votes, abiding by the residence
requirement, from lists of nominees submitted by each of the
first State executive officers in the order indicated in this
paragraph affiliated with the political parties whose nominees
for Governor at the most recent general election received at
least 5%, but not the first or second highest number, of the
votes: Attorney General, Secretary of State, Comptroller, and
Treasurer.
(3) Each The nominating state officer shall submit in
writing to the Governor 3 names of qualified persons for each
membership on the Board of Election to be appointed from the
political party of that officer. The Governor may reject any or
all of the nominees on any such list and may request an
additional list. The second list shall be submitted by the
nominating officer and shall contain 3 new names of qualified
persons for each remaining appointment, except that if the
Governor expressly reserves any nominee's name from the first
list, that nominee shall not be replaced on the second list.
The second list shall be final.
(4) Whenever there is no State executive officer designated
in paragraph (2) or (2.5) affiliated with the political party
eligible for representation on the Board under that paragraph,
the member or members all the state executive officers
designated in paragraph (2) are affiliated with the same
political party as that of the Governor, all 4 members of the
Board to be appointed that year, from both designated political

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parties, shall be appointed by the Governor without
nominations.
(5) The Governor shall submit in writing to the President
of the Senate the name of each person appointed to the State
Board of Elections, and shall designate the term for which the
appointment is made and, except in the case of the initial 3
additional members appointed pursuant to paragraph (2.5), the
name of the member whom the appointee is to succeed.
(6) The appointments shall be made and submitted by the
Governor no later than April 1 and a nominating state officer
required to submit a list of nominees to the Governor pursuant
to paragraph (3) shall submit a list no later than March 1.
(7) The initial 3 additional members required by this
amendatory Act of the 96th General Assembly shall be appointed
by the Governor within 90 days after the effective date of the
amendatory Act from lists of nominees that shall be submitted
to the Governor as provided in paragraph (3) within 45 days
after the effective date of the amendatory Act. If the Senate
is in recess at the time of appointment, then the appointees
shall serve temporarily until the Senate acts upon those
appointments In the appointment of the initial members of the
Board pursuant to this amendatory Act of 1978, the provisions
of paragraphs (1), (2), (3), (5) and (6) of this Section shall
apply except that the Governor shall appoint all 8 members, 2
from each of the designated political parties from each area of
required residence.

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(Source: P.A. 85-958.)
(10 ILCS 5/1A-3.1) (from Ch. 46, par. 1A-3.1)
Sec. 1A-3.1. Terms.
Of the members initially appointed to the State Board of
Elections pursuant to this amendatory Act of 1978, one member
affiliated with each political party from each area of required
residence shall serve a term commencing July 1, 1978 and ending
June 30, 1979, and the other initial members shall serve terms
commencing July 1, 1978 and ending June 30, 1981.
(a) Notwithstanding any provision in this Section to the
contrary, the term of office of each member of the State Board
of Elections is abolished on the effective date of this
amendatory Act of 1985. Subject to the confirmation
requirements of Section 1A-4, 8 members of the State Board of
Elections shall be appointed in accordance with the provisions
of Section 1A-3, except that the Governor shall appoint 4
members of the same political party with which he is affiliated
and 4 members of the political party whose candidate for
Governor in the most recent general election received the
second highest number of votes and except that a nominating
State officer shall submit to the Governor his required list of
nominees within 15 days after the current terms of office are
abolished and the Governor shall make appointments within 30
days after the current terms of office are abolished. Of the
members initially appointed to the State Board of Elections

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pursuant to this amendatory Act of 1985, one member affiliated
with each political party for each area of required residence
shall serve a term commencing July 1, 1985, and ending July 1,
1987, and the other initial members shall serve terms
commencing July 1, 1985, and ending July 1, 1989.
(b) Of the initial members appointed under paragraph (2.5)
of Section 3, one member shall serve a one-year term and 2
shall serve 2-year terms as determined by lot, all terms
commencing on July 1, 2009 regardless of the date of actual
appointment.
(c) The terms of subsequent members of the State Board of
Elections shall be 4 years commencing on July 1 of the year in
which the appointments are made.
A member shall serve until his successor is duly appointed
and has qualified. No appointee shall enter upon the duties of
his office until all members required to be appointed in that
year have been confirmed by the Senate by record vote pursuant
to Section 1A-4.
(Source: P.A. 84-115.)
(10 ILCS 5/1A-4) (from Ch. 46, par. 1A-4)
Sec. 1A-4. All appointments of members to the State Board
of Elections shall be subject to the advice and consent of the
Senate pursuant to this Section. Appointments by the Governor
pursuant to paragraphs (1), (2), (2.5), and (7) of Section 1A-3
shall require the advice and consent of a 3/5 vote of the

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members elected to the Senate. Appointments by the Governor
pursuant to paragraph (4) of Section 1A-3 shall require the
advice and consent of a 2/3 vote of the members elected to the
Senate.
The Senate shall confirm or reject appointments within 30
session days or 60 calendar days after they are submitted by
the Governor, whichever occurs first. Except in the case of
appointments to fill vacancies, the confirmation time period
specified in this Section shall not commence until all
appointments required to be made in that year have been
submitted by the Governor.
(Source: P.A. 80-1178.)
(10 ILCS 5/1A-7) (from Ch. 46, par. 1A-7)
Sec. 1A-7. The State Board of Elections shall meet at such
time or times as the chairman or any 6 4 members shall direct,
but at least once per month. Six Five members of the Board are
necessary to constitute a quorum and 6 5 votes are necessary
for any action of the Board to become effective, including the
appointment of the executive director, the employment of
technical consultants and the employment of other persons.
If a quorum is present at a meeting of the Board, one of
the members present may vote for the absent member pursuant to
a written proxy signed by the absent member. A member voting by
proxy who is not in attendance may not be counted towards the
presence of a quorum.

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(Source: P.A. 80-1178.)
Section 99. Effective date. This Act takes effect upon
becoming law.