Bill Text: IL SB1592 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Elections Code. Allows counties to create a board of election commissioners within the office of the county clerk. Sets forth procedures for adoption, compensation, effect, transfer of records, procurement of supplies, references, personnel, and legal representation. Creates a county director of elections. Requires certain meetings of the board. Requires retention of records and audits. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Failed) 2019-01-09 - Session Sine Die [SB1592 Detail]
Download: Illinois-2017-SB1592-Engrossed.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 Section | ||||||
5 | 6-19.5 and by adding Article 6B as follows:
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6 | (10 ILCS 5/6-19.5) | ||||||
7 | Sec. 6-19.5. Rejection of Article by superseding county | ||||||
8 | board of election commissioners. In addition to any other | ||||||
9 | method of rejection provided in this Article, when a county | ||||||
10 | board of election commissioners is established in accordance | ||||||
11 | with subsection (c) of Section 6A-1 , or when a county board of | ||||||
12 | election commissioners within the office of the county clerk is | ||||||
13 | established in accordance with Article 6B, in a county in which | ||||||
14 | is located any portion of a municipality with a municipal board | ||||||
15 | of election commissioners, the application of the provisions of | ||||||
16 | this Article to the territory of that municipality located | ||||||
17 | within that county is rejected.
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18 | (Source: P.A. 98-115, eff. 7-29-13.)
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19 | (10 ILCS 5/Art. 6B heading new) | ||||||
20 | ARTICLE 6B. COUNTY BOARD OF ELECTION COMMISSIONERS WITHIN THE | ||||||
21 | OFFICE OF THE COUNTY CLERK |
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1 | (10 ILCS 5/6B-1 new) | ||||||
2 | Sec. 6B-1. Adoption of this Article. | ||||||
3 | (a) Any county may adopt this Article and establish a | ||||||
4 | county board of election commissioners within the office of the | ||||||
5 | county clerk by (1) ordinance of the county board and with the | ||||||
6 | approval of the county clerk, or (2) by vote of the electors of | ||||||
7 | the county. | ||||||
8 | (b) When a county board of election commissioners within | ||||||
9 | the office of the county clerk is established in accordance | ||||||
10 | with this Section in a county in which is located any portion | ||||||
11 | of a municipality with a municipal board of election | ||||||
12 | commissioners, the application of the provisions of Article 6 | ||||||
13 | of this Code to the territory of that municipality located | ||||||
14 | within that county is rejected. | ||||||
15 | (c) When a county board of election commissioners within | ||||||
16 | the office of the county clerk is established in accordance | ||||||
17 | with this Section in a county that has previously adopted | ||||||
18 | Article 6A of this Code, the application of the provisions of | ||||||
19 | Article 6A to that county is rejected. | ||||||
20 | (d) The provisions of this Article 6B are not applicable to | ||||||
21 | or available to a county if, prior to January 1, 2017, a city, | ||||||
22 | village, or incorporated town located in whole or in part | ||||||
23 | within the county has established a board of election | ||||||
24 | commissioners pursuant to Article 6 of this Code and that board | ||||||
25 | of election commissioners of the city, village, or incorporated | ||||||
26 | town has not been superseded by a county board of election |
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1 | commissioners in the portion of the city, village, or | ||||||
2 | incorporated town located within the county under Article 6A of | ||||||
3 | this Code.
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4 | (10 ILCS 5/6B-5 new) | ||||||
5 | Sec. 6B-5. County board of election commissioners within | ||||||
6 | the office of the county clerk. | ||||||
7 | (a) There is created a county board of election | ||||||
8 | commissioners within the office of the county clerk, which | ||||||
9 | shall consist of 5 members, all of whom shall be residents of | ||||||
10 | that county. The county clerk shall serve ex officio as an | ||||||
11 | election commissioner, with vote, and as chairman of the county | ||||||
12 | board of election commissioners. | ||||||
13 | (b) The chairman of the county board, with the advice and | ||||||
14 | consent of the county board, shall appoint the remaining 4 | ||||||
15 | commissioners. Two of those commissioners shall be affiliated | ||||||
16 | with the political party that received the highest statewide | ||||||
17 | vote total in the last gubernatorial election. The remaining 2 | ||||||
18 | commissioners shall be affiliated with the political party that | ||||||
19 | received the second highest statewide vote total in the last | ||||||
20 | gubernatorial general election. Commissioners appointed by the | ||||||
21 | chairman of the county board shall be persons who have | ||||||
22 | extensive knowledge of the election process of the State and | ||||||
23 | county. | ||||||
24 | (c) When selecting commissioners from a political party | ||||||
25 | other than his or her own, the chairman of the county board |
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1 | shall select the commissioners from a list of suggestions | ||||||
2 | submitted to him or her by a group of 5 elected officials who | ||||||
3 | are members of that other political party. | ||||||
4 | The group of elected officials who may submit suggestions | ||||||
5 | to the chairman shall be comprised of the 5 longest serving | ||||||
6 | members of the county board who belong to that other political | ||||||
7 | party. If there are fewer than 5 county board members of that | ||||||
8 | other political party, then the remaining officials shall be | ||||||
9 | the longest serving members of the General Assembly who are | ||||||
10 | members of that other political party and represent at least 20 | ||||||
11 | precincts of that county. | ||||||
12 | If General Assembly members have served in the General | ||||||
13 | Assembly for an equal amount of time, then the member who | ||||||
14 | represents more precincts of the county shall be selected to | ||||||
15 | the group submitting suggestions to the chairman. | ||||||
16 | Each of the 5 elected officials submitting suggestions to | ||||||
17 | the chairman shall submit 2 names per vacancy. | ||||||
18 | (d) For the initial appointments to a board of election | ||||||
19 | commissioners within the office of the county clerk, 2 | ||||||
20 | commissioners, one each from each political party, shall be | ||||||
21 | appointed to serve a 2-year term, and 2 commissioners shall be | ||||||
22 | appointed to serve a 4-year term. Successor members shall serve | ||||||
23 | for terms of 4 years. | ||||||
24 | (e) The chairman of the county board shall provide public | ||||||
25 | notice of a vacancy on the county board of election | ||||||
26 | commissioners within the office of the county clerk before |
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1 | appointing a replacement. | ||||||
2 | (f) Appointments to fill vacancies on the county board of | ||||||
3 | election commissioners within the office of the county clerk | ||||||
4 | shall be consistent with the manner of the original | ||||||
5 | appointment. | ||||||
6 | (g) No appointed election commissioner may hold, accept, or | ||||||
7 | seek election or appointment to any other public or political | ||||||
8 | office during the term to which he or she was appointed an | ||||||
9 | election commissioner. | ||||||
10 | (h) Each appointed election commissioner, before taking | ||||||
11 | his or her seat on the board, shall take an oath of office, | ||||||
12 | which in substance shall be in the following form: | ||||||
13 | "I, ...., do solemnly swear (or affirm) that I am a citizen | ||||||
14 | of the United States, that I am a legal voter and resident of | ||||||
15 | the County of ...., that I will support the Constitution of the | ||||||
16 | United States and of the State of Illinois, and the laws passed | ||||||
17 | in pursuance thereof, to the best of my ability, and that I | ||||||
18 | will faithfully and honestly discharge the duties of the office | ||||||
19 | of election commissioner." | ||||||
20 | The oath, when subscribed and sworn to, shall be filed in | ||||||
21 | the office of the county clerk of the county and be there | ||||||
22 | preserved. Such appointed election commissioner shall also, | ||||||
23 | before taking such oath, give an official bond in the sum of | ||||||
24 | $10,000.00 with two securities, to be approved by the county | ||||||
25 | clerk, conditioned for the faithful and honest performance of | ||||||
26 | his or her duties and the preservation of the property of his |
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1 | or her office.
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2 | (10 ILCS 5/6B-10 new) | ||||||
3 | Sec. 6B-10. Compensation of appointed election | ||||||
4 | commissioners. The county board shall determine the | ||||||
5 | compensation of the election commissioners other than the | ||||||
6 | county clerk, who shall receive no additional compensation for | ||||||
7 | his service as chairman or as a member of the board of election | ||||||
8 | commissioners. The county board may, by ordinance, provide for | ||||||
9 | an annual salary for the election commissioners other than the | ||||||
10 | county clerk in an amount not to exceed 20% of the salary of | ||||||
11 | any county board member or authorize payment on a per diem or | ||||||
12 | per meeting basis. The county board shall not alter the manner | ||||||
13 | or the amount of compensation of an election commissioner to | ||||||
14 | take effect during an election commissioner's present term of | ||||||
15 | office. The provisions of the Local Government Officer | ||||||
16 | Compensation Act shall not apply to the compensation appointed | ||||||
17 | election commissioners.
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18 | (10 ILCS 5/6B-15 new) | ||||||
19 | Sec. 6B-15. Superseding effect. The fact that some | ||||||
20 | territory in a county is within the corporate limits of a city, | ||||||
21 | village, or incorporated town with a board of election | ||||||
22 | commissioners does not prevent that county from establishing a | ||||||
23 | county board of election commissioners in accordance with this | ||||||
24 | Article. If such a county establishes a county board of |
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1 | election commissioners within the office of the county clerk | ||||||
2 | pursuant to this Article, the county board of election | ||||||
3 | commissioners within the office of the county clerk shall, with | ||||||
4 | respect to the territory in the county within the corporate | ||||||
5 | limits of the city, village, or incorporated town, supersede | ||||||
6 | the board of election commissioners of that city, village, or | ||||||
7 | incorporated town.
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8 | (10 ILCS 5/6B-20 new) | ||||||
9 | Sec. 6B-20. Transfer of records. Upon a county's adoption | ||||||
10 | of this Article, an existing county board of election | ||||||
11 | commissioners established under Article 6A of this Code and any | ||||||
12 | municipal board of election commissioners in the county shall | ||||||
13 | turn over to the new county board of election commissioners all | ||||||
14 | registry books, registration record cards, poll books, tally | ||||||
15 | sheets and ballot boxes, and all other books, forms, blanks, | ||||||
16 | and stationery of every description in the former commissions' | ||||||
17 | possession in any way relating to elections or the holding of | ||||||
18 | elections in the county and any unused appropriations related | ||||||
19 | to elections or the holding of elections in the county. | ||||||
20 | Thereupon, all functions, powers, and duties of the county | ||||||
21 | clerk, the county board, or board of election commissioners | ||||||
22 | relating to elections in that county are transferred to the | ||||||
23 | county board of election commissioners within the office of the | ||||||
24 | county clerk.
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1 | (10 ILCS 5/6B-25 new) | ||||||
2 | Sec. 6B-25. County director of elections. The chairman of | ||||||
3 | the board of election commissioners within the office of the | ||||||
4 | county clerk shall have the right to employ a county director | ||||||
5 | of elections who shall have charge of the office of said board | ||||||
6 | and who shall be present and in attendance at all proper | ||||||
7 | business hours. The director shall take an oath of office to | ||||||
8 | the effect that he or she will honestly and faithfully perform | ||||||
9 | all the duties of the office, under the direction of the | ||||||
10 | chairman of the board, which shall be preserved in the same | ||||||
11 | way, and he shall be under the direction of the chairman of | ||||||
12 | board, and he or she shall have the right to administer all | ||||||
13 | oaths required under this Code to be administered by the | ||||||
14 | commissioners.
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15 | (10 ILCS 5/6B-30 new) | ||||||
16 | Sec. 6B-30. Procurement of election supplies, equipment, | ||||||
17 | and services. | ||||||
18 | (a) A county board of election commissioners within the | ||||||
19 | office of the county clerk shall procure all election supplies, | ||||||
20 | equipment, and services, other than professional services, | ||||||
21 | necessary to perform the election-related duties imposed on it | ||||||
22 | under Articles 6, 14, and 18 of this Code in accordance with | ||||||
23 | the centralized purchasing procedures established by the | ||||||
24 | county board of the county. Any procurements shall be | ||||||
25 | authorized by the board of election commissioners within the |
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1 | office of the county clerk, rather than by the county board, | ||||||
2 | subject to appropriation, and in the manner Section 5-1022 of | ||||||
3 | the Counties Code authorizes county boards to make these | ||||||
4 | purchases. | ||||||
5 | (b) A county board of election commissioners within the | ||||||
6 | office of the county clerk may determine the method by which it | ||||||
7 | procures election-related professional services subject to | ||||||
8 | appropriation consistent with the requirements of law and | ||||||
9 | county ordinance. | ||||||
10 | (c) The provisions of the Local Government Prompt Payment | ||||||
11 | Act apply to all procurements of election supplies, equipment, | ||||||
12 | and services as set forth in this Section.
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13 | (10 ILCS 5/6B-35 new) | ||||||
14 | Sec. 6B-35. Applicability of Articles 6, 14, and 18. The | ||||||
15 | provisions of Articles 6, 14, and 18 of this Act, other than | ||||||
16 | Section 6-70, relating to boards of election commissioners in | ||||||
17 | cities, villages, and incorporated towns shall, insofar as they | ||||||
18 | can be made applicable, apply to and govern county boards of | ||||||
19 | election commissioners within the office of the county clerk | ||||||
20 | established pursuant to this Article. Whenever Article 6 | ||||||
21 | requires an act of the commissioners to be accompanied by the | ||||||
22 | advice, consent, or approval of the circuit court, the act by a | ||||||
23 | county board of election commissioners within the office of the | ||||||
24 | county clerk shall be accompanied by the advice, consent, or | ||||||
25 | approval of the county clerk. |
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1 | A deputy registrar serving as such by virtue of his or her | ||||||
2 | status as a municipal clerk, or a duly authorized deputy of a | ||||||
3 | municipal clerk, of a municipality the territory of which lies | ||||||
4 | in more than one county, where one such county is governed by a | ||||||
5 | county board of election commissioners within the office of the | ||||||
6 | county clerk established pursuant to this Article, may accept | ||||||
7 | the registration of any qualified resident of the municipality, | ||||||
8 | regardless of which county the resident, municipal clerk or the | ||||||
9 | duly authorized deputy of the municipal clerk lives in.
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10 | (10 ILCS 5/6B-40 new) | ||||||
11 | Sec. 6B-40. References to county clerk. Any references in | ||||||
12 | this Code to the county clerk, other than as described in this | ||||||
13 | Article, or the county board with respect to the registration | ||||||
14 | of voters, filing of petitions, certification of candidates, | ||||||
15 | preparation of ballots, establishment of election precincts, | ||||||
16 | designation of polling places, or any other matter pertaining | ||||||
17 | to the conduct of elections, shall, as applied to any county | ||||||
18 | having a county board of election commissioners within the | ||||||
19 | office of the county clerk, be construed as referring to the | ||||||
20 | county board of election commissioners within the office of the | ||||||
21 | county clerk.
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22 | (10 ILCS 5/6B-45 new) | ||||||
23 | Sec. 6B-45. Personnel. The chairman of the board of | ||||||
24 | election commissioners shall hire all personnel necessary for |
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1 | the commission to perform the duties enjoined upon it by | ||||||
2 | statute and determine their compensation. All personnel hired | ||||||
3 | by the chairman of the board of election commissioners shall be | ||||||
4 | employees of the county clerk and subject to all employment | ||||||
5 | policies as the clerk may from time to time promulgate. All | ||||||
6 | personnel hired under this Section shall also be deemed | ||||||
7 | employees of the respective county for payroll, taxation, and | ||||||
8 | employee benefit purposes.
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9 | (10 ILCS 5/6B-50 new) | ||||||
10 | Sec. 6B-50. Legal representation. The State's Attorney of | ||||||
11 | the county shall be the exclusive legal representative of the | ||||||
12 | county board of election commissioners within the office of the | ||||||
13 | county clerk.
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14 | (10 ILCS 5/6B-55 new) | ||||||
15 | Sec. 6B-55. Meetings of the election commissioners. A | ||||||
16 | county board of election commissioners within the office of the | ||||||
17 | county clerk is a public body, as the Open Meetings Act defines | ||||||
18 | the term, and shall be subject to all of the requirements of | ||||||
19 | that Act. The election commissioners shall meet as frequently | ||||||
20 | as their duties may require, but no less frequently than 10 | ||||||
21 | times annually, whether sitting as the county board of election | ||||||
22 | commissioners or as an electoral board for the purpose of | ||||||
23 | hearing and passing on objector's petitions as set forth in | ||||||
24 | Section 10-9 of this Code, and may meet in any location in |
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1 | their county that is convenient and accessible to the public.
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2 | (10 ILCS 5/6B-60 new) | ||||||
3 | Sec. 6B-60. County officers electoral board. The county | ||||||
4 | board of election commissioners within the office of the county | ||||||
5 | clerk shall have the same powers and duties as a county board | ||||||
6 | of election commissioners for the purpose of the hearing and | ||||||
7 | passing on objector's petitions as set forth in Section 10-9 of | ||||||
8 | this Code and shall constitute the county officers electoral | ||||||
9 | board in such county. Whenever the chairman of a county board | ||||||
10 | of election commissioners is a candidate for an office with | ||||||
11 | relation to which an objector's petition is filed, he shall not | ||||||
12 | be eligible to serve on that board and shall not act as a | ||||||
13 | member of the board and his or her place shall be filled as set | ||||||
14 | forth in Section 10-9 of the Code with respect to all | ||||||
15 | proceedings involving such an objection.
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16 | (10 ILCS 5/6B-65 new) | ||||||
17 | Sec. 6B-65. Retention of records. The clerk shall retain | ||||||
18 | all records of the county board of election commissioners | ||||||
19 | within the office of the county clerk in the manner required by | ||||||
20 | federal and State law. In the event of a conflict between | ||||||
21 | multiple provisions of law, the clerk shall retain all records | ||||||
22 | in accordance with the provision that requires the greatest | ||||||
23 | period of retention.
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1 | (10 ILCS 5/6B-70 new) | ||||||
2 | Sec. 6B-70. Audit and payment. The county auditor or a | ||||||
3 | person performing the duties of the county auditor shall audit | ||||||
4 | the salaries and expenses of the county board of election | ||||||
5 | commissioners within the office of the county clerk. All | ||||||
6 | salaries and expenditures for an audit shall be paid by the | ||||||
7 | county upon the warrant of the county clerk of any money in the | ||||||
8 | county treasury not otherwise appropriated.
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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