Bill Text: IL SB2301 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Election Code. Provides that, except for in a county with a population of at least 3,000,000 or where election judges are selected by election commissioners, an election authority may reduce the number of judges of election in each precinct from 5 to 3 for any election. Provides that, in certain cities, villages, and incorporated towns with a board of election commissioners, the board shall select and choose no less than 3 (rather than choose 5) persons as judges of election for each precinct. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB2301 Detail]
Download: Illinois-2023-SB2301-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 13-1, 13-2, and 14-1 as follows:
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6 | (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
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7 | Sec. 13-1. In counties not under township organization, | |||||||||||||||||||||||
8 | the county
board of commissioners shall at its meeting in July
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9 | in each
even-numbered year appoint in each election precinct 5 | |||||||||||||||||||||||
10 | capable and
discreet persons meeting the qualifications of | |||||||||||||||||||||||
11 | Section 13-4 to
be judges of election. Where neither voting | |||||||||||||||||||||||
12 | machines nor electronic,
mechanical or electric voting systems | |||||||||||||||||||||||
13 | are used, the county board may,
for any precinct with respect | |||||||||||||||||||||||
14 | to which the board considers such action
necessary or | |||||||||||||||||||||||
15 | desirable in view of the number of voters, and shall for
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16 | general elections for any precinct containing more than 600 | |||||||||||||||||||||||
17 | registered
voters, appoint in addition to the 5 judges of | |||||||||||||||||||||||
18 | election a team of 5
tally judges. In such precincts the judges | |||||||||||||||||||||||
19 | of election shall preside
over the election during the hours | |||||||||||||||||||||||
20 | the polls are open, and the tally
judges, with the assistance | |||||||||||||||||||||||
21 | of the holdover judges designated pursuant
to Section 13-6.2, | |||||||||||||||||||||||
22 | shall count the vote after the closing of the polls.
However, | |||||||||||||||||||||||
23 | the County Board of Commissioners may appoint 3 judges of |
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1 | election
to serve in lieu of the 5 judges of election otherwise | ||||||
2 | required by this
Section (1) to serve in any emergency | ||||||
3 | referendum, or in any odd-year regular
election or in any | ||||||
4 | special primary or special election called
for the purpose of | ||||||
5 | filling a vacancy in the office of representative in
the | ||||||
6 | United States Congress or to nominate candidates for such | ||||||
7 | purpose or (2) if the county board passes an ordinance to | ||||||
8 | reduce the number of judges of election to 3 for primary | ||||||
9 | elections. In addition, an election authority may reduce the | ||||||
10 | number of judges of election in each precinct from 5 to 3 for | ||||||
11 | any election.
The tally judges shall possess the same | ||||||
12 | qualifications and shall be
appointed in the same manner and | ||||||
13 | with the same division between
political parties as is | ||||||
14 | provided for judges of election.
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15 | In addition to such precinct judges, the county board of
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16 | commissioners shall appoint special panels of 3 judges each, | ||||||
17 | who shall
possess the same qualifications and shall be | ||||||
18 | appointed in the same
manner and with the same division | ||||||
19 | between political parties as is
provided for other judges of | ||||||
20 | election. The number of such panels of
judges required shall | ||||||
21 | be determined by regulations of the State Board of
Elections | ||||||
22 | which shall base the required numbers of special panels on the
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23 | number of registered voters in the jurisdiction or the number | ||||||
24 | of vote by mail
ballots voted at recent elections, or any | ||||||
25 | combination of such factors.
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26 | Such appointment shall be confirmed by the court as |
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1 | provided in
Section 13-3 of this Article. No more than 3 | ||||||
2 | persons of the same
political party shall be appointed judges | ||||||
3 | of the same election precinct
or election judge panel. The | ||||||
4 | appointment shall be made in the following
manner: The county | ||||||
5 | board of commissioners shall select and approve 3
persons as | ||||||
6 | judges of election in each election precinct from a certified
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7 | list, furnished by the chair of the County Central Committee | ||||||
8 | of the
first leading political party in such precinct; and the | ||||||
9 | county board of
commissioners shall also select and approve 2 | ||||||
10 | persons as judges of
election in each election precinct from a | ||||||
11 | certified list, furnished by
the chair of the County Central | ||||||
12 | Committee of the second leading
political party. However, if | ||||||
13 | only 3 judges of election serve in each
election precinct, no | ||||||
14 | more than 2 persons of the same political party shall
be judges | ||||||
15 | of election in the same election precinct; and which political
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16 | party is entitled to 2 judges of election and which political | ||||||
17 | party is
entitled to one judge of election shall be determined | ||||||
18 | in the same manner as
set forth in the next two preceding | ||||||
19 | sentences with regard to 5 election
judges in each precinct. | ||||||
20 | Such certified list shall be filed with the county
clerk not | ||||||
21 | less than 10 days before the annual meeting of the county
board | ||||||
22 | of commissioners. Such list shall be arranged according to
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23 | precincts. The chair of each county central committee shall, | ||||||
24 | insofar
as possible, list persons who reside within the | ||||||
25 | precinct in which they
are to serve as judges. However, he may, | ||||||
26 | in his sole discretion, submit
the names of persons who reside |
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1 | outside the precinct but within the
county embracing the | ||||||
2 | precinct in which they are to serve. He must,
however, submit | ||||||
3 | the names of at least 2 residents of the precinct for
each | ||||||
4 | precinct in which his party is to have 3 judges and must submit | ||||||
5 | the
name of at least one resident of the precinct for each | ||||||
6 | precinct in which
his party is to have 2 judges. The county | ||||||
7 | board of commissioners shall
acknowledge in writing to each | ||||||
8 | county chair the names of all persons
submitted on such | ||||||
9 | certified list and the total number of persons listed
thereon. | ||||||
10 | If no such list is filed or such list is incomplete (that is,
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11 | no names or an insufficient number of names are furnished for | ||||||
12 | certain
election precincts), the county board of commissioners | ||||||
13 | shall make or
complete such list from the names contained in | ||||||
14 | the supplemental list
provided for in Section 13-1.1. The | ||||||
15 | election judges shall hold their
office for 2 years from their | ||||||
16 | appointment, and until their successors
are duly appointed in | ||||||
17 | the manner provided in this Act. The county board
of | ||||||
18 | commissioners shall fill all vacancies in the office of judge | ||||||
19 | of
election at any time in the manner provided in this Act.
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20 | (Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19 .)
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21 | (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
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22 | Sec. 13-2. In counties under the township organization the | ||||||
23 | county
board shall at its meeting in July in each | ||||||
24 | even-numbered year
except in counties containing a population | ||||||
25 | of 3,000,000 inhabitants or
over and except when such judges |
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1 | are appointed by election
commissioners, select in each | ||||||
2 | election precinct in the county, 5 capable
and discreet | ||||||
3 | persons to be judges of election who shall
possess the
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4 | qualifications required by this Act for such judges. Where | ||||||
5 | neither
voting machines nor electronic, mechanical or electric | ||||||
6 | voting systems
are used, the county board may, for any | ||||||
7 | precinct with respect to which
the board considers such action | ||||||
8 | necessary or desirable in view of the
number of voters, and | ||||||
9 | shall for general elections for any precinct
containing more | ||||||
10 | than 600 registered voters, appoint in addition to the 5
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11 | judges of election a team of 5 tally judges. In such precincts | ||||||
12 | the
judges of election shall preside over the election during | ||||||
13 | the hours the
polls are open, and the tally judges, with the | ||||||
14 | assistance of the
holdover judges designated pursuant to | ||||||
15 | Section 13-6.2, shall count the
vote after the closing of the | ||||||
16 | polls. The tally judges shall possess the
same qualifications | ||||||
17 | and shall be appointed in the same manner and with
the same | ||||||
18 | division between political parties as is provided for judges | ||||||
19 | of
election.
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20 | However, the county board may appoint 3 judges of election | ||||||
21 | to serve in
lieu of the 5 judges of election otherwise required | ||||||
22 | by this Section (1) to serve
in any emergency referendum, or in | ||||||
23 | any odd-year regular election
or in any special primary or | ||||||
24 | special election called for the purpose of
filling a vacancy | ||||||
25 | in the office of representative in the United States Congress
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26 | or to nominate candidates for such purpose or (2) if the county |
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1 | board passes an ordinance to reduce the number of judges of | ||||||
2 | election to 3 for primary elections. In addition, an election | ||||||
3 | authority may reduce the number of judges of election in each | ||||||
4 | precinct from 5 to 3 for any election.
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5 | In addition to such precinct judges, the county board | ||||||
6 | shall appoint
special panels of 3 judges each, who shall | ||||||
7 | possess the same
qualifications and shall be appointed in the | ||||||
8 | same manner and with the
same division between political | ||||||
9 | parties as is provided for other judges
of election. The | ||||||
10 | number of such panels of judges required shall be
determined | ||||||
11 | by regulations of the State Board of Elections, which shall
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12 | base the required number of special panels on the number of | ||||||
13 | registered
voters in the jurisdiction or the number of | ||||||
14 | absentee ballots voted at
recent elections or any combination | ||||||
15 | of such factors.
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16 | No more than 3 persons of the same political party shall be | ||||||
17 | appointed
judges in the same election district or undivided | ||||||
18 | precinct. The election
of the judges of election in the | ||||||
19 | various election precincts shall be
made in the following | ||||||
20 | manner: The county board shall
select and approve 3 of the | ||||||
21 | election judges in each precinct from a
certified list | ||||||
22 | furnished by the chair of the County Central Committee
of the | ||||||
23 | first leading political party in such election precinct and | ||||||
24 | shall also
select and approve 2 judges of election in each | ||||||
25 | election precinct from a
certified list furnished by the chair | ||||||
26 | of the County Central Committee
of the second leading |
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1 | political party in such election precinct. However,
if only 3 | ||||||
2 | judges of election serve in each election precinct, no more | ||||||
3 | than 2
persons of the same political party shall be judges of | ||||||
4 | election in the same
election precinct; and which political | ||||||
5 | party is entitled to 2 judges of
election and which political | ||||||
6 | party is entitled to one judge of election shall
be determined | ||||||
7 | in the same manner as set forth in the next two preceding
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8 | sentences with regard to 5 election judges in each precinct. | ||||||
9 | The respective
County Central Committee chair shall notify the | ||||||
10 | county board by June 1 of
each odd-numbered year immediately | ||||||
11 | preceding the annual meeting of the county
board whether or | ||||||
12 | not such certified list will be filed by such chair. Such
list | ||||||
13 | shall be arranged according to precincts. The chair of each | ||||||
14 | county
central committee shall, insofar as possible, list | ||||||
15 | persons who reside within
the precinct in which they are to | ||||||
16 | serve as judges. However, he may, in his sole
discretion, | ||||||
17 | submit the names of persons who reside outside the precinct | ||||||
18 | but
within the county embracing the precinct in which they are | ||||||
19 | to serve. He must,
however, submit the names of at least 2 | ||||||
20 | residents of the precinct for each
precinct in which his party | ||||||
21 | is to have 3 judges and must submit the name of at
least one | ||||||
22 | resident of the precinct for each precinct in which his party | ||||||
23 | is to
have 2 judges. Such certified list, if filed, shall be | ||||||
24 | filed with the county
clerk not less than 20 days before the | ||||||
25 | annual meeting of the county board. The
county board shall | ||||||
26 | acknowledge in writing to each county chair the names of
all |
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1 | persons submitted on such certified list and the total number | ||||||
2 | of persons
listed thereon. If no such list is filed or the list | ||||||
3 | is incomplete (that is, no
names or an insufficient number of | ||||||
4 | names are furnished for certain election
precincts), the | ||||||
5 | county board shall make or complete such list from the names
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6 | contained in the supplemental list provided for in Section | ||||||
7 | 13-1.1. Provided,
further, that in any case where a township | ||||||
8 | has been or shall be redistricted,
in whole or in part, | ||||||
9 | subsequent to one general election for Governor, and prior
to | ||||||
10 | the next, the judges of election to be selected for all new or | ||||||
11 | altered
precincts shall be selected in that one of the methods | ||||||
12 | above detailed, which
shall be applicable according to the | ||||||
13 | facts and circumstances of the particular
case, but the | ||||||
14 | majority of such judges for each such precinct shall be | ||||||
15 | selected
from the first leading political party, and the | ||||||
16 | minority judges from the second
leading political party. | ||||||
17 | Provided, further, that in counties having a
population of | ||||||
18 | 3,000,000 inhabitants or over the selection of judges of | ||||||
19 | election
shall be made in the same manner in all respects as in | ||||||
20 | other counties, except
that the provisions relating to tally | ||||||
21 | judges are inapplicable to such counties
and except that the | ||||||
22 | county board shall meet during the month of January for the
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23 | purpose of making such selection, each township | ||||||
24 | committeeperson shall assume the responsibilities given to the | ||||||
25 | chair of the county central committee in this Section for the | ||||||
26 | precincts within his or her township, and the township |
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1 | committeeperson shall notify the county board by the preceding | ||||||
2 | October 1 whether or
not the certified list will be filed. Such | ||||||
3 | judges of election shall hold their
office for 2 years from | ||||||
4 | their appointment and until their successors are duly
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5 | appointed in the manner provided in this Act. The county board | ||||||
6 | shall fill all
vacancies in the office of judges of elections | ||||||
7 | at any time in the manner herein
provided.
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8 | Such selections under this Section shall be confirmed by | ||||||
9 | the circuit
court as provided in Section 13-3 of this Article.
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10 | (Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19 .)
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11 | (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
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12 | Sec. 14-1. (a) The board of election commissioners | ||||||
13 | established
or existing under Article 6 shall, at the time and | ||||||
14 | in the
manner provided in Section 14-3.1, select and choose no | ||||||
15 | less than 3 5 persons,
men or women, as judges of election for | ||||||
16 | each precinct in such
city, village or incorporated town.
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17 | Where neither voting machines nor electronic, mechanical | ||||||
18 | or
electric voting systems are used, the board of election
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19 | commissioners may, for any precinct with respect to which the
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20 | board considers such action necessary or desirable in view of
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21 | the number of voters, and shall for general elections for any
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22 | precinct containing more than 600 registered voters, appoint
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23 | in addition to the 5 judges of election chosen under this | ||||||
24 | subsection a team of 5 tally judges.
In such precincts the | ||||||
25 | judges of election shall preside over the
election during the |
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1 | hours the polls are open, and the tally
judges, with the | ||||||
2 | assistance of the holdover judges designated
pursuant to | ||||||
3 | Section
14-5.2, shall count the vote after the closing of the | ||||||
4 | polls.
The tally judges shall possess the same qualifications | ||||||
5 | and
shall be appointed in the same manner and with the same | ||||||
6 | division
between political parties as is provided for judges | ||||||
7 | of election.
The foregoing provisions relating to the | ||||||
8 | appointment of tally
judges are inapplicable in counties with | ||||||
9 | a population of
1,000,000 or more.
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10 | (b) To qualify as judges the persons must:
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11 | (1) be citizens of the United States;
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12 | (2) be of good repute and character and not subject to | ||||||
13 | the registration requirement of the Sex Offender | ||||||
14 | Registration Act;
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15 | (3) be able to speak, read and write the English | ||||||
16 | language;
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17 | (4) be skilled in the 4 fundamental rules of | ||||||
18 | arithmetic;
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19 | (5) be of good understanding and capable;
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20 | (6) not be candidates for any office at the election | ||||||
21 | and not
be elected committeepersons;
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22 | (7) reside and be entitled to vote in the precinct in | ||||||
23 | which
they are selected to serve, except that in each | ||||||
24 | precinct not
more than one judge of each party may be | ||||||
25 | appointed from outside
such precinct. Any judge so | ||||||
26 | appointed to serve in any precinct
in which he is not |
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1 | entitled to vote must be entitled to vote
elsewhere within | ||||||
2 | the county which encompasses the precinct in
which such | ||||||
3 | judge is appointed and such judge must otherwise
meet the | ||||||
4 | qualifications of this Section, except as provided in | ||||||
5 | subsection (c)
or (c-5).
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6 | (c) An election authority may establish a program to | ||||||
7 | permit a person who
is not entitled to vote
to be appointed as | ||||||
8 | an election judge if, as of the date of the election at
which | ||||||
9 | the person serves as a judge, he or she:
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10 | (1) is a U.S. citizen;
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11 | (2) is a junior or senior in good standing enrolled in | ||||||
12 | a public or private secondary
school;
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13 | (3) has a cumulative grade point average equivalent to | ||||||
14 | at least 3.0 on a
4.0 scale;
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15 | (4) has the written approval of the principal of the | ||||||
16 | secondary school he
or she attends at the time of | ||||||
17 | appointment;
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18 | (5) has the written approval of his or her parent or | ||||||
19 | legal guardian;
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20 | (6) has satisfactorily completed the training course | ||||||
21 | for judges of
election
described in Sections 13-2.1, | ||||||
22 | 13-2.2, and 14-4.1; and
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23 | (7) meets all other qualifications for appointment and | ||||||
24 | service as an
election judge.
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25 | No more than one election judge qualifying under this | ||||||
26 | subsection may serve
per political party per precinct.
Prior |
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1 | to appointment, a judge qualifying under this subsection must | ||||||
2 | certify
in writing to the election authority the political | ||||||
3 | party the judge chooses to
affiliate with.
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4 | Students appointed as election judges under this | ||||||
5 | subsection
shall not be counted as absent from school on the | ||||||
6 | day they serve as judges.
| ||||||
7 | (c-5) An election authority may establish a program to | ||||||
8 | permit a person who
is not entitled to vote in that precinct or | ||||||
9 | county to be appointed as an
election judge if, as of the date | ||||||
10 | of the election at which the person serves as
a judge, he or | ||||||
11 | she:
| ||||||
12 | (1) is a U.S. citizen;
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13 | (2) is currently enrolled in a community college, as | ||||||
14 | defined in the Public Community College Act, or a public | ||||||
15 | or private Illinois university or
college;
| ||||||
16 | (3) has a cumulative grade point average equivalent to | ||||||
17 | at least 3.0 on a
4.0 scale;
| ||||||
18 | (4) has satisfactorily completed the training course | ||||||
19 | for judges of
election
described in Sections 13-2.1, | ||||||
20 | 13-2.2, and 14-4.1; and
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21 | (5) meets all other qualifications for appointment and | ||||||
22 | service as an
election judge.
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23 | No more than one election judge qualifying under this | ||||||
24 | subsection may serve
per political party per precinct.
Prior | ||||||
25 | to appointment, a judge qualifying under this subsection must | ||||||
26 | certify
in writing to the election authority the political |
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1 | party the judge chooses to
affiliate with.
| ||||||
2 | Students appointed as election judges under this | ||||||
3 | subsection
shall not be counted as absent from school on the | ||||||
4 | day they serve as judges.
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5 | (d) The board of election commissioners may select 2 | ||||||
6 | additional
judges of election, one from each of the major | ||||||
7 | political parties,
for each 200 voters in excess of 600 in any | ||||||
8 | precinct having more
than 600 voters as authorized
by Section | ||||||
9 | 11-3. These additional judges must meet the
qualifications | ||||||
10 | prescribed in this Section.
| ||||||
11 | (Source: P.A. 100-1027, eff. 1-1-19 .)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|