101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2246

 

Introduced , by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/11-2  from Ch. 46, par. 11-2
10 ILCS 5/11-3  from Ch. 46, par. 11-3

    Amends the Election Code. Provides that each election precinct shall contain 1,200 voters (currently, 500 voters in counties, 600 voters in a municipality with a board of election commissioners and fewer than 500,000 inhabitants, or 400 voters in a municipality with a board of election commissioners and more than 500,000 inhabitants). Makes corresponding and other changes. In provisions concerning the county board of a county with less than 3,000,000 inhabitants, removes language providing that an election precinct with more than 600 voters may be divided. Provides that a county board may (rather than shall) at specified meetings, redivide, consolidate, or readjust (rather than redivide or readjust) election precincts to meet the 1,200 voters per precinct standard. In provisions concerning a municipality with a board of election commissioners, provides that a city with over 500,000 residents may (rather than shall) rearrange its precincts within 90 days of a presidential election or at any time when the number of votes cast exceeds 1,200 (rather than equals 600) to meet the 1,200 voters per precinct standard. Effective immediately.


LRB101 08665 SMS 53749 b

 

 

A BILL FOR

 

HB2246LRB101 08665 SMS 53749 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 11-2 and 11-3 as follows:
 
6    (10 ILCS 5/11-2)  (from Ch. 46, par. 11-2)
7    Sec. 11-2. Election precincts; counties with under
83,000,000 inhabitants.
9    (a) The County Board in each county, except in counties
10having a population of 3,000,000 inhabitants or over, shall, at
11its regular meeting in June, or an adjourned meeting in July
12next, divide its election precincts in which the number of
13votes cast in a precinct on election day at the most recent
14general election held in November was more than 1,200 which
15contain more than 800 voters, into election precincts districts
16so that each precinct district shall contain, as near as may be
17practicable, 1,200 votes 500 voters, and not more in any case
18than 800. Whenever the County Board ascertains that any
19election precinct contains more than 600 registered voters, it
20may divide such precinct, at its regular meeting in June, into
21election precincts so that each precinct shall contain, as
22nearly as may be practicable, 500 voters. Insofar as is
23practicable, each precinct shall be situated within a single

 

 

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1congressional, legislative and representative district and in
2not more than one County Board district and one municipal ward.
3In order to situate each precinct within a single district or
4ward, the County Board shall change the boundaries of election
5precincts after each decennial census as soon as is practicable
6following the completion of congressional and legislative
7redistricting. In determining whether a division of precincts
8should be made, the county board may anticipate increased voter
9registration in any precinct in which there is in progress new
10construction of dwelling units which will be occupied by voters
11more than 30 days before the next election. Each district shall
12be composed of contiguous territory in as compact form as can
13be for the convenience of the electors voting therein. The
14several county boards in establishing districts shall describe
15them by metes and bounds and number them.
16    (b) The And so often thereafter as it shall appear by the
17number of votes cast at the general election held in November
18of any year, that any election district or undivided election
19precinct contains more than 800 voters, the County Board of the
20county in which a precinct the district or precincts are
21located precinct may be, may shall at its regular meeting in
22June, or an adjourned meeting in July next, after such November
23election, redivide, consolidate, or readjust such precinct
24election district or precincts election precinct, so that no
25district or election precinct shall contain more than the
26number of votes above specified in subsection (a).

 

 

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1    If for any reason the County Board fails in any year to
2redivide or readjust the election districts or election
3precinct, then the districts or precincts as then existing
4shall continue until the next regular June meeting of the
5County Board; at which regular June meeting or an adjourned
6meeting in July the County Board shall redivide or readjust the
7election districts or election precincts in manner as herein
8required. When at any meeting of the County Board any
9redivision, readjustment or change in name or number of
10election districts or election precincts is made by the County
11Board, the County Clerk shall immediately notify the State
12Board of Elections of such redivision, readjustment or change.
13The County Board in every case shall fix and establish the
14places for holding elections in its respective county and all
15elections shall be held at the places so fixed. The polling
16places shall in all cases be upon the ground floor in the front
17room, the entrance to which is in a highway or public street
18which is at least 40 feet wide, and is as near the center of the
19voting population of the precinct as is practicable, and for
20the convenience of the greatest number of electors to vote
21thereat; provided, however, where the County Board is unable to
22secure a suitable polling place within the boundaries of a
23precinct, it may select a polling place at the most
24conveniently located suitable place outside the precinct; but
25in no case shall an election be held in any room used or
26occupied as a saloon, dramshop, bowling alley or as a place of

 

 

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1resort for idlers and disreputable persons, billiard hall or in
2any room connected therewith by doors or hallways. No person
3shall be permitted to vote at any election except at the
4polling place for the precinct in which he resides, except as
5otherwise provided in this Section or Article 19 of this Act.
6    In counties having a population of 3,000,000 inhabitants or
7over the County Board shall divide its election precincts and
8shall fix and establish places for holding elections as
9hereinbefore provided during the month of January instead of at
10its regular meeting in June or at an adjourned meeting in July.
11    However, in the event that additional divisions of election
12precincts are indicated after a division made by the County
13Board in the month of January, such additional divisions may be
14made by the County Board in counties having a population of
153,000,000 inhabitants or over, at the regular meeting in June
16or at adjourned meeting in July. The county board of such
17county may divide or readjust precincts at any meeting of the
18county board when the voter registration in a precinct has
19increased beyond 800 and an election is scheduled before the
20next regular January or June meeting of the county board.
21    When in any city, village or incorporated town territory
22has been annexed thereto or disconnected therefrom, which
23annexation or disconnection becomes effective after election
24precincts or election districts have been established as above
25provided in this Section, the clerk of the municipality shall
26inform the county clerk thereof as provided in Section 4-21,

 

 

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15-28.1, or 6-31.1, whichever is applicable. In the event that a
2regular meeting of the County Board is to be held after such
3notification and before any election, the County Board shall,
4at its next regular meeting establish new election precinct
5lines in affected territory. In the event that no regular
6meeting of the County Board is to be held before such election
7the county clerk shall, within 5 days after being so informed,
8call a special meeting of the county board on a day fixed by
9him not more than 20 days thereafter for the purpose of
10establishing election precincts or election districts in the
11affected territory for the ensuing elections.
12    At any consolidated primary or consolidated election at
13which municipal officers are to be elected, and at any
14emergency referendum at which a public question relating to a
15municipality is to be voted on, notwithstanding any other
16provision of this Code, the election authority shall establish
17a polling place within such municipality, upon the request of
18the municipal council or board of trustees at least 60 days
19before the election and provided that the municipality provides
20a suitable polling place. To accomplish this purpose, the
21election authority may establish an election precinct
22constituting a single municipality of under 500 population for
23all elections, notwithstanding the minimum precinct size
24otherwise specified herein.
25    Notwithstanding the above, when there are no more than 50
26registered voters in a precinct who are entitled to vote in a

 

 

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1local government or school district election, the election
2authority having jurisdiction over the precinct is authorized
3to reassign such voters to one or more polling places in
4adjacent precincts, within or without the election authority's
5jurisdiction, for that election. For the purposes of such local
6government or school district election only, the votes of the
7reassigned voters shall be tallied and canvassed as votes from
8the precinct of the polling place to which such voters have
9been reassigned. The election authority having jurisdiction
10over the precinct shall approve all administrative and polling
11place procedures. Such procedures shall take into account voter
12convenience, and ensure that the integrity of the election
13process is maintained and that the secrecy of the ballot is not
14violated.
15    Except in the event of a fire, flood or total loss of heat
16in a place fixed or established by any county board or election
17authority pursuant to this Section as a polling place for an
18election, no election authority shall change the location of a
19polling place so established for any precinct after notice of
20the place of holding the election for that precinct has been
21given as required under Article 12 unless the election
22authority notifies all registered voters in the precinct of the
23change in location by first class mail in sufficient time for
24such notice to be received by the registered voters in the
25precinct at least one day prior to the date of the election.
26    The provisions of this Section apply to all precincts,

 

 

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1including those where voting machines or electronic voting
2systems are used.
3(Source: P.A. 86-867.)
 
4    (10 ILCS 5/11-3)  (from Ch. 46, par. 11-3)
5    Sec. 11-3. It shall be the duty of the Board of
6Commissioners established by Article 6 of this Act, within 2
7months after its first organization, to divide the city,
8village or incorporated town which may adopt or is operating
9under Article 6, into election precincts, each of which shall
10be situated within a single congressional, legislative and
11representative district insofar as is practicable and in not
12more than one County Board district and one municipal ward; in
13order to situate each precinct within a single district or
14ward, the Board of Election Commissioners shall change the
15boundaries of election precincts after each decennial census as
16soon as is practicable following the completion of
17congressional and legislative redistricting and such precincts
18shall contain no more than 1,200 actual as nearly as
19practicable 600 qualified voters, and in making such division
20and establishing such precincts such board shall take as a
21basis the poll books, or the number of actual votes cast at the
22previous presidential election. Within 90 days after each
23presidential election, such board in a city with fewer than
24500,000 inhabitants, village or incorporated town shall revise
25and rearrange such precincts on the basis of the votes cast at

 

 

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1such election, making such precincts to contain no more than
21,200 , as near as practicable, 600 actual voters; but at any
3time in all instances where the vote cast at any precinct, at
4any election, exceeds 1,200 equals 800, there must be a
5rearrangement so as to reduce the vote to the standard of 1,200
6600 as near as may be. However, any apartment building in which
7more than 1,200 actual 800 registered voters reside may be made
8a single precinct even though the vote in such precinct exceeds
91,200 800. Within 90 days after each presidential election, a
10board in a city with more than 500,000 inhabitants may shall
11revise and rearrange such precincts on the basis of the votes
12cast at such election, making such precincts to contain no more
13than 1,200 , as near as practicable, 400 actual voters; but at
14any time in all instances where the vote cast at any precinct,
15at any election, exceeds 1,200 equals 600, there may must be a
16rearrangement so as to reduce the vote to the standard of 1,200
17400 as near as may be. However, any apartment building in which
18more than 1,200 actual 600 registered voters reside may be made
19a single precinct even though the vote in such precinct exceeds
201,200 600.
21    Immediately after the annexation of territory to the city,
22village or incorporated town becomes effective the Board of
23Election Commissioners shall revise and rearrange election
24precincts therein to include such annexed territory.
25    Provided, however, that at any election where but one
26candidate is nominated and is to be voted upon at any election

 

 

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1held in any political subdivision of a city, village or
2incorporated town, the Board of Election Commissioners shall
3have the power in such political subdivision to determine the
4number of voting precincts to be established in such political
5subdivision at such election, without reference to the number
6of qualified voters therein. The precincts in each ward,
7village or incorporated town shall be numbered from one
8upwards, consecutively, with no omission.
9    The provisions of this Section apply to all precincts,
10including those where voting machines or electronic voting
11systems are used.
12(Source: P.A. 84-1308.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.