(10 ILCS 5/13-3) (from Ch. 46, par. 13-3)
Sec. 13-3.
After the judges of election have been selected and approved as
hereinbefore provided, a report of such selections shall be made by the
county board and filed in the circuit court, and application shall then be
made by the county board to the court for their confirmation and
appointment, whereupon the court shall enter an order that cause be shown,
if any exists, against the confirmation and appointment of such persons so
named on or before the opening of the court on a day to be fixed by the
court. The county board shall immediately give notice of such order and the
names of all such judges so reported to such court for confirmation and
their residence and the precinct for which they were selected by causing
a notice to be published in one or more newspapers in the
county and if no
newspaper be published therein then by posting such notice in 5 of the most
public places in the county. The notice shall state that a list of judges of
election is available for public inspection in the office of the election
authority. If no cause to the contrary is shown prior
to the day fixed, and if, in each precinct, at least one judge representing
each of the two major political parties has been certified by the county
clerk as having satisfactorily completed within the preceding 6 months the
training course and examination for judges of election, as provided in
Section 13-2.1 and 13-2.2 of this Act, such appointment shall be confirmed
by order entered by that court.
If in any precinct the requisite 2 judges have not been so certified by
the county clerk as having satisfactorily completed such course and
examination, the county clerk shall immediately notify all judges in that
precinct, to whose appointment there is no other objection, that all such
judges shall attend the next such course. The county clerk shall then
certify to the court that all such judges have been so notified (and such
certification need contain no detail other than a mere recital). The
appointment of such judges shall then be confirmed by order entered by the
court. If any judge so notified and so confirmed fails to attend the next
such course, such failure shall subject such judge to possible removal from
office at the option of the election authority.
If objections to the appointment of any judge be filed prior to the day
fixed by the court for confirmation of judges, the court shall hear such
objections and the evidence introduced in support thereof, and shall
confirm or refuse to confirm such nominations as the interests of the
public may require. No reasons may be given for the refusal to confirm. If
any vacancy exists at any time the county board shall, subject to the
provisions of Section 13-1.1, further report and nominate persons to fill
such vacancies so existing in the manner aforesaid, and a court in the same
way shall consider such nominations and shall confirm or refuse to confirm
the same in the manner aforesaid. Upon the confirmation of such judges, at
any time, a commission shall issue to each of such judges, under the seal
of such court, and appropriate forms shall be prepared by the county clerk
of each county for such purpose and furnished to the county board, and
after confirmation and acceptance of such commission, such judges shall
thereupon become officers of such court. If a vacancy occurs so late that
nomination by the county board and application to and confirmation by the
court cannot be had before the election, then the court shall, subject to
the provisions of Section 13-1.1, make an appointment and issue a
commission to such officer or officers, and when thus appointed such
officer shall be considered an officer of the court and subject to the same
rules as if nominated by the county board and confirmed by the court, and
any judge, however appointed, and at whatever time, shall be considered an
officer of court and be subject to the same control and punishment in case
of misbehavior. Not more than 10 business days after the day of election,
the county clerk shall compile a list
containing the name, address and party affiliation of each judge of
election who served on the day of election, and
shall preserve such list and make it available for public inspection
and copying for a period of not more than one year from the date of receipt
of such list. Copies of such list shall be available for purchase at a
cost not to exceed the cost of duplication.
The board has the right, at any time, in case of
misbehavior or neglect of duty, to remove any judge of election and cause
such vacancy to be filled in accordance with this Act. Except for judges
appointed under subsection (b) of Section 13-4, the board shall have
the right, at any time, to remove any judge of election for failing to vote
the primary ballot of the political party he represents, at a primary
election at which he served as such judge, and shall cause such vacancy to
be filled in accordance with this Act.
The board shall remove any judge of election who, twice during the same
term of office, fails to provide for the opening of the polling place at
the time prescribed in Section 17-1 or Section 18-2, whichever is
applicable, unless such delay can be demonstrated
by the judge of election to be beyond his or her control.
In the event that any judge of
election is removed for cause, the board shall specify such cause in
writing and make such writing a matter of public record, with a copy to be
sent to the appropriate county chair who made the initial recommendation
of the election judge. If any vacancies occur or exist more than 15 days
before election the judges appointed to such places must be confirmed by
such court. The county board shall not voluntarily remove any judge within
15 days of such election except for flagrant misbehavior, incapacity or
dishonesty, and the reason therefor must afterward be reported in writing
to such court and made a matter of public record, with a copy to be sent to
the appropriate county chair who made the initial recommendation of the
election judge. Provided further that where a vacancy in the office of
judge of election exists 20 days or less prior to any election in counties
having a population of 3,000,000 or more inhabitants, or where such vacancy
exists 10 days or less prior to any election in counties having less than
3,000,000 inhabitants, the county clerk shall, subject to the provisions of
Section 13-1.1, appoint a person of the same major political party to fill
such vacancy and issue a commission thereto. The name of the officer so
appointed shall be reported to the court as a matter of record and after
acceptance of such commission such person shall be liable in the same
manner as officers regularly appointed by the county board and confirmed by
the court. The county clerk shall have the power on election day to remove
without cause any judge of election appointed by the other judges of
election pursuant to Section 13-7 and to appoint another judge of election
to serve for that election. Such substitute judge of election must be
selected, where possible, pursuant to the provisions of Section 13-1.1 and
must be qualified in accordance with Section 13-4.
If any precinct has increased in voter registration beyond the maximum
of 800 provided in Section 11-2, the county clerk may appoint one
additional judge of election from each political party for each 200 voters
in excess of 800.
(Source: P.A. 100-1027, eff. 1-1-19.)
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