Illinois General Assembly - Full Text of SB1592
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Full Text of SB1592  100th General Assembly

SB1592sam003 100TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/26/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1592

2    AMENDMENT NO. ______. Amend Senate Bill 1592, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Election Code is amended by changing
6Section 6-19.5 and by adding Article 6B as follows:
 
7    (10 ILCS 5/6-19.5)
8    Sec. 6-19.5. Rejection of Article by superseding county
9board of election commissioners. In addition to any other
10method of rejection provided in this Article, when a county
11board of election commissioners is established in accordance
12with subsection (c) of Section 6A-1, or when a county board of
13election commissioners within the office of the county clerk is
14established in accordance with Article 6B, in a county in which
15is located any portion of a municipality with a municipal board
16of election commissioners, the application of the provisions of

 

 

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1this Article to the territory of that municipality located
2within that county is rejected.
3(Source: P.A. 98-115, eff. 7-29-13.)
 
4    (10 ILCS 5/Art. 6B heading new)
5
ARTICLE 6B. COUNTY BOARD OF ELECTION COMMISSIONERS WITHIN THE
6
OFFICE OF THE COUNTY CLERK

 
7    (10 ILCS 5/6B-1 new)
8    Sec. 6B-1. Adoption of this Article.
9    (a) Any county may adopt this Article and establish a
10county board of election commissioners within the office of the
11county clerk by (1) ordinance of the county board and with the
12approval of the county clerk, or (2) by vote of the electors of
13the county.
14    (b) When a county board of election commissioners within
15the office of the county clerk is established in accordance
16with this Section in a county in which is located any portion
17of a municipality with a municipal board of election
18commissioners, the application of the provisions of Article 6
19of this Code to the territory of that municipality located
20within that county is rejected.
21    (c) When a county board of election commissioners within
22the office of the county clerk is established in accordance
23with this Section in a county that has previously adopted
24Article 6A of this Code, the application of the provisions of

 

 

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1Article 6A to that county is rejected.
2    (d) The provisions of this Article 6B are not applicable to
3or available to a county if, prior to January 1, 2017, a city,
4village, or incorporated town located in whole or in part
5within the county has established a board of election
6commissioners pursuant to Article 6 of this Code and that board
7of election commissioners of the city, village, or incorporated
8town has not been superseded by a county board of election
9commissioners in the portion of the city, village, or
10incorporated town located within the county under Article 6A of
11this Code.
 
12    (10 ILCS 5/6B-5 new)
13    Sec. 6B-5. County board of election commissioners within
14the office of the county clerk.
15    (a) There is created a county board of election
16commissioners within the office of the county clerk, which
17shall consist of 5 members, all of whom shall be residents of
18that county. The county clerk shall serve ex officio as an
19election commissioner, with vote, and as chairman of the county
20board of election commissioners.
21    (b) The chairman of the county board shall appoint the
22remaining 4 commissioners. Two of those commissioners shall be
23affiliated with the political party that received the highest
24statewide vote total in the last gubernatorial election. The
25remaining 2 commissioners shall be affiliated with the

 

 

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1political party that received the second highest statewide vote
2total in the last gubernatorial general election.
3Commissioners appointed by the chairman of the county board
4shall be persons who have extensive knowledge of the election
5process of the State and county.
6    (c) When selecting commissioners from a political party
7other than his or her own, the chairman of the county board
8shall select the commissioners from a list of suggestions
9submitted to him or her by a group of 5 elected officials who
10are members of that other political party.
11    The group of elected officials who may submit suggestions
12to the chairman shall be comprised of the 5 longest serving
13members of the county board who belong to that other political
14party. If there are fewer than 5 county board members of that
15other political party, then the remaining officials shall be
16the longest serving members of the General Assembly who are
17members of that other political party and represent at least 20
18precincts of that county.
19    If General Assembly members have served in the General
20Assembly for an equal amount of time, then the member who
21represents more precincts of the county shall be selected to
22the group submitting suggestions to the chairman.
23    Each of the 5 elected officials submitting suggestions to
24the chairman may submit 2 names per vacancy.
25    (d) For the initial appointments to a board of election
26commissioners within the office of the county clerk, 2

 

 

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1commissioners, one each from each political party, shall be
2appointed to serve a 2-year term, and 2 commissioners shall be
3appointed to serve a 4-year term. Successor members shall serve
4for terms of 4 years.
5    (e) The chairman of the county board shall provide public
6notice of a vacancy on the county board of election
7commissioners within the office of the county clerk before
8appointing a replacement.
9    (f) Appointments to fill vacancies on the county board of
10election commissioners within the office of the county clerk
11shall be consistent with the manner of the original
12appointment.
13    (g) No appointed election commissioner may hold, accept, or
14seek election or appointment to any other public or political
15office during the term to which he or she was appointed an
16election commissioner.
17    (h) Each appointed election commissioner, before taking
18his or her seat on the board, shall take an oath of office,
19which in substance shall be in the following form:
20    "I, ...., do solemnly swear (or affirm) that I am a citizen
21of the United States, that I am a legal voter and resident of
22the County of ...., that I will support the Constitution of the
23United States and of the State of Illinois, and the laws passed
24in pursuance thereof, to the best of my ability, and that I
25will faithfully and honestly discharge the duties of the office
26of election commissioner."

 

 

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1    The oath, when subscribed and sworn to, shall be filed in
2the office of the county clerk of the county and be there
3preserved. Such appointed election commissioner shall also,
4before taking such oath, give an official bond in the sum of
5$10,000.00 with two securities, to be approved by the county
6clerk, conditioned for the faithful and honest performance of
7his or her duties and the preservation of the property of his
8or her office.
 
9    (10 ILCS 5/6B-10 new)
10    Sec. 6B-10. Compensation of appointed election
11commissioners. The county board shall determine the
12compensation of the election commissioners other than the
13county clerk, who shall receive no additional compensation for
14his service as chairman or as a member of the board of election
15commissioners. The county board may, by ordinance, provide for
16an annual salary for the election commissioners other than the
17county clerk in an amount not to exceed 20% of the salary of
18any county board member or authorize payment on a per diem or
19per meeting basis. The county board shall not alter the manner
20or the amount of compensation of an election commissioner to
21take effect during an election commissioner's present term of
22office. The provisions of the Local Government Officer
23Compensation Act shall not apply to the compensation appointed
24election commissioners.
 

 

 

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1    (10 ILCS 5/6B-15 new)
2    Sec. 6B-15. Superseding effect. The fact that some
3territory in a county is within the corporate limits of a city,
4village, or incorporated town with a board of election
5commissioners does not prevent that county from establishing a
6county board of election commissioners in accordance with this
7Article. If such a county establishes a county board of
8election commissioners within the office of the county clerk
9pursuant to this Article, the county board of election
10commissioners within the office of the county clerk shall, with
11respect to the territory in the county within the corporate
12limits of the city, village, or incorporated town, supersede
13the board of election commissioners of that city, village, or
14incorporated town.
 
15    (10 ILCS 5/6B-20 new)
16    Sec. 6B-20. Transfer of records. Upon a county's adoption
17of this Article, an existing county board of election
18commissioners established under Article 6A of this Code and any
19municipal board of election commissioners in the county shall
20turn over to the new county board of election commissioners all
21registry books, registration record cards, poll books, tally
22sheets and ballot boxes, and all other books, forms, blanks,
23and stationery of every description in the former commissions'
24possession in any way relating to elections or the holding of
25elections in the county and any unused appropriations related

 

 

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1to elections or the holding of elections in the county.
2Thereupon, all functions, powers, and duties of the county
3clerk, the county board, or board of election commissioners
4relating to elections in that county are transferred to the
5county board of election commissioners within the office of the
6county clerk.
 
7    (10 ILCS 5/6B-25 new)
8    Sec. 6B-25. County director of elections. The chairman of
9the board of election commissioners within the office of the
10county clerk shall have the right to employ a county director
11of elections who shall have charge of the office of said board
12and who shall be present and in attendance at all proper
13business hours. The director shall take an oath of office to
14the effect that he or she will honestly and faithfully perform
15all the duties of the office, under the direction of the
16chairman of the board, which shall be preserved in the same
17way, and he shall be under the direction of the chairman of
18board, and he or she shall have the right to administer all
19oaths required under this Code to be administered by the
20commissioners.
 
21    (10 ILCS 5/6B-30 new)
22    Sec. 6B-30. Procurement of election supplies, equipment,
23and services.
24    (a) A county board of election commissioners within the

 

 

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1office of the county clerk shall procure all election supplies,
2equipment, and services, other than professional services,
3necessary to perform the election-related duties imposed on it
4under Articles 6, 14, and 18 of this Code in accordance with
5the centralized purchasing procedures established by the
6county board of the county. Any procurements shall be
7authorized by the board of election commissioners within the
8office of the county clerk, rather than by the county board,
9subject to appropriation, and in the manner Section 5-1022 of
10the Counties Code authorizes county boards to make these
11purchases.
12    (b) A county board of election commissioners within the
13office of the county clerk may determine the method by which it
14procures election-related professional services subject to
15appropriation consistent with the requirements of law and
16county ordinance.
17    (c) The provisions of the Local Government Prompt Payment
18Act apply to all procurements of election supplies, equipment,
19and services as set forth in this Section.
 
20    (10 ILCS 5/6B-35 new)
21    Sec. 6B-35. Applicability of Articles 6, 14, and 18. The
22provisions of Articles 6, 14, and 18 of this Act, other than
23Section 6-70, relating to boards of election commissioners in
24cities, villages, and incorporated towns shall, insofar as they
25can be made applicable, apply to and govern county boards of

 

 

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1election commissioners within the office of the county clerk
2established pursuant to this Article. Whenever Article 6
3requires an act of the commissioners to be accompanied by the
4advice, consent, or approval of the circuit court, the act by a
5county board of election commissioners within the office of the
6county clerk shall be accompanied by the advice, consent, or
7approval of the county clerk.
8    A deputy registrar serving as such by virtue of his or her
9status as a municipal clerk, or a duly authorized deputy of a
10municipal clerk, of a municipality the territory of which lies
11in more than one county, where one such county is governed by a
12county board of election commissioners within the office of the
13county clerk established pursuant to this Article, may accept
14the registration of any qualified resident of the municipality,
15regardless of which county the resident, municipal clerk or the
16duly authorized deputy of the municipal clerk lives in.
 
17    (10 ILCS 5/6B-40 new)
18    Sec. 6B-40. References to county clerk. Any references in
19this Code to the county clerk, other than as described in this
20Article, or the county board with respect to the registration
21of voters, filing of petitions, certification of candidates,
22preparation of ballots, establishment of election precincts,
23designation of polling places, or any other matter pertaining
24to the conduct of elections, shall, as applied to any county
25having a county board of election commissioners within the

 

 

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1office of the county clerk, be construed as referring to the
2county board of election commissioners within the office of the
3county clerk.
 
4    (10 ILCS 5/6B-45 new)
5    Sec. 6B-45. Personnel. The chairman of the board of
6election commissioners shall hire all personnel necessary for
7the commission to perform the duties enjoined upon it by
8statute and determine their compensation. All personnel hired
9by the chairman of the board of election commissioners shall be
10employees of the county clerk and subject to all employment
11policies as the clerk may from time to time promulgate. All
12personnel hired under this Section shall also be deemed
13employees of the respective county for payroll, taxation, and
14employee benefit purposes.
 
15    (10 ILCS 5/6B-50 new)
16    Sec. 6B-50. Legal representation. The State's Attorney of
17the county shall be the exclusive legal representative of the
18county board of election commissioners within the office of the
19county clerk.
 
20    (10 ILCS 5/6B-55 new)
21    Sec. 6B-55. Meetings of the election commissioners. A
22county board of election commissioners within the office of the
23county clerk is a public body, as the Open Meetings Act defines

 

 

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1the term, and shall be subject to all of the requirements of
2that Act. The election commissioners shall meet as frequently
3as their duties may require, but no less frequently than 10
4times annually, whether sitting as the county board of election
5commissioners or as an electoral board for the purpose of
6hearing and passing on objector's petitions as set forth in
7Section 10-9 of this Code, and may meet in any location in
8their county that is convenient and accessible to the public.
 
9    (10 ILCS 5/6B-60 new)
10    Sec. 6B-60. County officers electoral board. The county
11board of election commissioners within the office of the county
12clerk shall have the same powers and duties as a county board
13of election commissioners for the purpose of the hearing and
14passing on objector's petitions as set forth in Section 10-9 of
15this Code and shall constitute the county officers electoral
16board in such county. Whenever the chairman of a county board
17of election commissioners is a candidate for an office with
18relation to which an objector's petition is filed, he shall not
19be eligible to serve on that board and shall not act as a
20member of the board and his or her place shall be filled as set
21forth in Section 10-9 of the Code with respect to all
22proceedings involving such an objection.
 
23    (10 ILCS 5/6B-65 new)
24    Sec. 6B-65. Retention of records. The clerk shall retain

 

 

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1all records of the county board of election commissioners
2within the office of the county clerk in the manner required by
3federal and State law. In the event of a conflict between
4multiple provisions of law, the clerk shall retain all records
5in accordance with the provision that requires the greatest
6period of retention.
 
7    (10 ILCS 5/6B-70 new)
8    Sec. 6B-70. Audit and payment. The county auditor or a
9person performing the duties of the county auditor shall audit
10the salaries and expenses of the county board of election
11commissioners within the office of the county clerk. All
12salaries and expenditures for an audit shall be paid by the
13county upon the warrant of the county clerk of any money in the
14county treasury not otherwise appropriated.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".