093_HB0320ham001

 










                                     LRB093 03371 JAM 11741 a

 1                     AMENDMENT TO HOUSE BILL 320

 2        AMENDMENT NO.     .  Amend House Bill  320  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Election  Code is amended by changing
 5    Sections 7-7 and 7-8 as follows:

 6        (10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
 7        Sec. 7-7.  For  the  purpose  of  making  nominations  in
 8    certain  instances  as provided in this Article and this Act,
 9    the following committees are authorized and shall  constitute
10    the  central  or managing committees of each political party,
11    viz: A State central committee, a congressional committee for
12    each congressional district, a county central  committee  for
13    each  county,  a  municipal  central committee for each city,
14    incorporated town or village, a ward  committeeman  for  each
15    ward  in cities containing a population of 500,000 or more; a
16    township committeeman for each township or part of a township
17    that lies outside of cities having a population of 200,000 or
18    more, in counties having a population of 2,000,000 or more; a
19    precinct committeeman for each precinct in counties having  a
20    population  of  less  than 2,000,000; a county board district
21    committee  for  each  county  board  district  created  under
22    Division  2-3  of  the  Counties  Code;  a  State's  Attorney
 
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 1    committee for each group of 2 or more counties which  jointly
 2    elect  a  State's  Attorney; a Superintendent of Multi-County
 3    Educational Service Region committee for each group of  2  or
 4    more  counties  which  jointly  elect  a  Superintendent of a
 5    Multi-County  Educational  Service  Region;  and  a  judicial
 6    subcircuit committee  in  a  judicial  circuit  divided  into
 7    subcircuits  Cook County for each judicial subcircuit in that
 8    circuit Cook County.
 9    (Source: P.A. 87-1052.)

10        (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
11        Sec. 7-8.  The State central committee shall be  composed
12    of one or two members from each congressional district in the
13    State and shall be elected as follows:
14                       State Central Committee
15        (a)  Within  30  days  after  the  effective date of this
16    amendatory Act of 1983 the State central  committee  of  each
17    political party shall certify to the State Board of Elections
18    which of the following alternatives it wishes to apply to the
19    State central committee of that party.
20        Alternative  A.  At the primary held on the third Tuesday
21    in March  1970,  and  at  the  primary  held  every  4  years
22    thereafter,  each  primary elector may vote for one candidate
23    of his party for member of the State  central  committee  for
24    the   congressional  district  in  which  he  resides.    The
25    candidate receiving the highest  number  of  votes  shall  be
26    declared   elected   State   central  committeeman  from  the
27    district. A political party may, in lieu of the foregoing, by
28    a majority vote of delegates at any State convention of  such
29    party,  determine  to  thereafter  elect  the  State  central
30    committeemen in the manner following:
31        At  the  county  convention  held by such political party
32    State central committeemen  shall  be  elected  in  the  same
33    manner  as  provided  in  this  Article  for  the election of
 
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 1    officers of the county central committee, and  such  election
 2    shall  follow  the election of officers of the county central
 3    committee.   Each  elected   ward,   township   or   precinct
 4    committeeman  shall cast as his vote one vote for each ballot
 5    voted in his ward, township, part of a township  or  precinct
 6    in  the  last  preceding  primary  election  of his political
 7    party. In the case of a county  lying  partially  within  one
 8    congressional   district   and   partially   within   another
 9    congressional  district,  each  ward,  township  or  precinct
10    committeeman   shall   vote   only   with   respect   to  the
11    congressional district in which his ward, township, part of a
12    township  or  precinct  is  located.   In  the  case   of   a
13    congressional   district  which  encompasses  more  than  one
14    county, each ward, township or precinct committeeman residing
15    within the congressional district shall cast as his vote  one
16    vote  for  each ballot voted in his ward, township, part of a
17    township or precinct in the last preceding  primary  election
18    of  his  political  party  for one candidate of his party for
19    member of the State central committee for  the  congressional
20    district  in which he resides and the Chairman  of the county
21    central committee shall report the results of the election to
22    the State Board of Elections. The State  Board  of  Elections
23    shall  certify  the candidate receiving the highest number of
24    votes   elected   State   central   committeeman   for   that
25    congressional district.
26        The State central committee shall adopt rules to  provide
27    for  and govern the procedures to be followed in the election
28    of members of the State central committee.
29        After the effective date of this amendatory  Act  of  the
30    91st  General  Assembly,  whenever  a  vacancy  occurs in the
31    office of Chairman of a State central committee,  or  at  the
32    end  of  the  term  of  office of Chairman, the State central
33    committee  of  each  political  party   that   has   selected
34    Alternative  A  shall  elect  a  Chairman  who  shall  not be
 
                            -4-      LRB093 03371 JAM 11741 a
 1    required to be a member of the State Central Committee.   The
 2    Chairman shall be a registered voter in this State and of the
 3    same political party as the State central committee.
 4        Alternative   B.  Each   congressional  committee  shall,
 5    within 30  days  after  the  adoption  of  this  alternative,
 6    appoint  a  person  of the sex opposite that of the incumbent
 7    member  for  that  congressional  district  to  serve  as  an
 8    additional member of the State central committee until his or
 9    her successor is elected at the general primary  election  in
10    1986.    Each   congressional   committee   shall  make  this
11    appointment by voting on the basis set forth in paragraph (e)
12    of this  Section.  In  each  congressional  district  at  the
13    general  primary  election  held  in  1986  and every 4 years
14    thereafter, the male candidate receiving the  highest  number
15    of  votes  of  the  party's male candidates for State central
16    committeeman, and the female candidate receiving the  highest
17    number  of  votes  of the party's female candidates for State
18    central  committeewoman,  shall  be  declared  elected  State
19    central committeeman and State  central  committeewoman  from
20    the  district.   At the general primary election held in 1986
21    and every 4 years thereafter, if all a party's candidates for
22    State central committeemen or  State  central  committeewomen
23    from  a  congressional  district  are  of  the  same sex, the
24    candidate receiving the highest  number  of  votes  shall  be
25    declared  elected  a  State  central  committeeman  or  State
26    central  committeewoman  from the district, and, because of a
27    failure to elect one male and one female to the committee,  a
28    vacancy  shall  be  declared  to  exist  in the office of the
29    second  member  of  the  State  central  committee  from  the
30    district.  This vacancy shall be filled by appointment by the
31    congressional committee  of  the  political  party,  and  the
32    person  appointed  to fill the vacancy shall be a resident of
33    the congressional district and of the sex  opposite  that  of
34    the  committeeman  or  committeewoman  elected at the general
 
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 1    primary election.  Each congressional  committee  shall  make
 2    this  appointment  by  voting  on  the  basis  set  forth  in
 3    paragraph (e) of this Section.
 4        The  Chairman  of  a  State central committee composed as
 5    provided in this Alternative B  must  be  selected  from  the
 6    committee's members.
 7        Except  as  provided for in Alternative A with respect to
 8    the selection of the Chairman of the State central committee,
 9    under both of the foregoing alternatives, the  State  central
10    committee  of  each  political  party  shall  be  composed of
11    members elected or appointed from the  several  congressional
12    districts  of  the  State,  and of no other person or persons
13    whomsoever.  The  members  of  the  State  central  committee
14    shall,  within 30 days after each quadrennial election of the
15    full committee, meet in the city of Springfield and  organize
16    by  electing  a  chairman,  and  may  at such time elect such
17    officers from among their own number (or otherwise), as  they
18    may deem necessary or expedient. The outgoing chairman of the
19    State  central  committee  of the party shall, 10 days before
20    the  meeting,  notify  each  member  of  the  State   central
21    committee  elected  at  the  primary of the time and place of
22    such meeting. In the  organization  and  proceedings  of  the
23    State  central committee, each State central committeeman and
24    State central committeewoman shall have  one  vote  for  each
25    ballot  voted  in  his  or  her congressional district by the
26    primary electors of his or her party at the primary  election
27    immediately  preceding  the  meeting  of  the  State  central
28    committee.  Whenever  a  vacancy  occurs in the State central
29    committee of any political party, the vacancy shall be filled
30    by  appointment  of  the  chairmen  of  the  county   central
31    committees  of  the  political  party of the counties located
32    within the congressional district in which the vacancy occurs
33    and, if applicable, the ward and township committeemen of the
34    political party in counties of 2,000,000 or more  inhabitants
 
                            -6-      LRB093 03371 JAM 11741 a
 1    located   within   the   congressional   district.    If  the
 2    congressional district  in  which  the  vacancy  occurs  lies
 3    wholly  within a county of 2,000,000 or more inhabitants, the
 4    ward and township committeemen of the political party in that
 5    congressional district shall vote to fill  the  vacancy.   In
 6    voting to fill the vacancy, each chairman of a county central
 7    committee and each ward and township committeeman in counties
 8    of 2,000,000 or more inhabitants shall have one vote for each
 9    ballot  voted  in each precinct of the congressional district
10    in which the vacancy exists of his or her  county,  township,
11    or  ward  cast by the primary electors of his or her party at
12    the primary election immediately  preceding  the  meeting  to
13    fill  the vacancy in the State central committee.  The person
14    appointed to fill the vacancy shall  be  a  resident  of  the
15    congressional  district in which the vacancy occurs, shall be
16    a qualified voter, and, in a committee composed  as  provided
17    in  Alternative  B,  shall  be  of the same sex as his or her
18    predecessor. A political party may, by a majority vote of the
19    delegates of any State convention of such party, determine to
20    return to the election  of  State  central  committeeman  and
21    State central committeewoman by the vote of primary electors.
22    Any  action  taken by a political party at a State convention
23    in accordance with this Section  shall  be  reported  to  the
24    State  Board  of  Elections  by the chairman and secretary of
25    such convention within 10 days after such action.
26              Ward, Township and Precinct Committeemen
27        (b)  At the primary held on the third Tuesday  in  March,
28    1972,  and  every 4 years thereafter, each primary elector in
29    cities having a population of 200,000 or over  may  vote  for
30    one candidate of his party in his ward for ward committeeman.
31    Each  candidate  for  ward committeeman must be a resident of
32    and  in  the  ward  where  he  seeks  to  be   elected   ward
33    committeeman.  The  one  having  the  highest number of votes
34    shall be such ward committeeman of such party for such  ward.
 
                            -7-      LRB093 03371 JAM 11741 a
 1    At  the  primary election held on the third Tuesday in March,
 2    1970, and every 4 years thereafter, each primary  elector  in
 3    counties  containing  a  population  of  2,000,000  or  more,
 4    outside of cities containing a population of 200,000 or more,
 5    may  vote  for  one  candidate  of  his  party  for  township
 6    committeeman.  Each  candidate for township committeeman must
 7    be a resident of and in the township or part  of  a  township
 8    (which  lies outside of a city having a population of 200,000
 9    or more, in counties containing a population of 2,000,000  or
10    more),  and  in which township or part of a township he seeks
11    to be elected  township  committeeman.  The  one  having  the
12    highest  number  of votes shall be such township committeeman
13    of such party for such township or part of a township. At the
14    primary held on the third Tuesday in March, 1970 and every  2
15    years  thereafter,  each  primary elector, except in counties
16    having a population of 2,000,000 or over, may  vote  for  one
17    candidate   of   his  party  in  his  precinct  for  precinct
18    committeeman. Each candidate for precinct  committeeman  must
19    be  a bona fide resident of the precinct where he seeks to be
20    elected precinct committeeman. The  one  having  the  highest
21    number  of  votes shall be such precinct committeeman of such
22    party for such precinct. The official returns of the  primary
23    shall  show  the  name  of the committeeman of each political
24    party.
25        Terms of Committeemen. All precinct committeemen  elected
26    under  the  provisions of this Article shall continue as such
27    committeemen until the date of the primary to be held in  the
28    second   year  after  their  election.  Except  as  otherwise
29    provided  in  this  Section   for   certain   State   central
30    committeemen  who  have  2  year  terms,  all  State  central
31    committeemen,  township  committeemen  and  ward committeemen
32    shall continue as such committeemen until the date of primary
33    to be held in the fourth year after their election.  However,
34    a  vacancy exists in the office of precinct committeeman when
 
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 1    a precinct committeeman ceases to reside in the  precinct  in
 2    which  he  was  elected  and such precinct committeeman shall
 3    thereafter neither have nor exercise any  rights,  powers  or
 4    duties  as committeeman in that precinct, even if a successor
 5    has not been elected or appointed.
 6        (c)  The Multi-Township Central Committee  shall  consist
 7    of   the   precinct   committeemen  of  such  party,  in  the
 8    multi-township assessing district formed pursuant to  Section
 9    2-10  of the Property Tax Code and shall be organized for the
10    purposes set forth in Section 45-25 of the Township Code.  In
11    the   organization  and  proceedings  of  the  Multi-Township
12    Central Committee each precinct committeeman shall  have  one
13    vote  for  each  ballot  voted in his precinct by the primary
14    electors of his party at the primary at which he was elected.
15                      County Central Committee
16        (d)  The county central committee of each political party
17    in  each  county  shall  consist  of  the  various   township
18    committeemen, precinct committeemen and ward committeemen, if
19    any,  of  such  party  in the county. In the organization and
20    proceedings of the county central  committee,  each  precinct
21    committeeman shall have one vote for each ballot voted in his
22    precinct  by the primary electors of his party at the primary
23    at which he was elected;  each  township  committeeman  shall
24    have  one  vote for each ballot voted in his township or part
25    of a township as the case may be by the primary  electors  of
26    his  party  at  the  primary  election  for the nomination of
27    candidates for election to the General  Assembly  immediately
28    preceding the meeting of the county central committee; and in
29    the  organization  and  proceedings  of  the  county  central
30    committee,  each  ward  committeeman  shall have one vote for
31    each ballot voted in his ward by the primary electors of  his
32    party   at   the  primary  election  for  the  nomination  of
33    candidates for election to the General  Assembly  immediately
34    preceding the meeting of the county central committee.
 
                            -9-      LRB093 03371 JAM 11741 a
 1                       Congressional Committee
 2        (e)  The  congressional  committee  of each party in each
 3    congressional district shall be composed of the  chairmen  of
 4    the  county  central committees of the counties composing the
 5    congressional  district,   except   that   in   congressional
 6    districts wholly within the territorial limits of one county,
 7    or partly within 2 or more counties, but not coterminous with
 8    the  county  lines  of  all  of  such  counties, the precinct
 9    committeemen, township committeemen and ward committeemen, if
10    any, of the  party  representing  the  precincts  within  the
11    limits  of  the  congressional  district,  shall  compose the
12    congressional committee. A State central committeeman in each
13    district shall be a  member  and  the  chairman  or,  when  a
14    district  has  2 State central committeemen, a co-chairman of
15    the congressional committee, but shall not have the right  to
16    vote except in case of a tie.
17        In  the  organization  and  proceedings  of congressional
18    committees composed  of  precinct  committeemen  or  township
19    committeemen   or   ward  committeemen,  or  any  combination
20    thereof, each precinct committeeman shall have one  vote  for
21    each  ballot voted in his precinct by the primary electors of
22    his party at the  primary  at  which  he  was  elected,  each
23    township  committeeman  shall  have  one vote for each ballot
24    voted in his township or part of a township as the  case  may
25    be  by  the  primary  electors  of  his  party at the primary
26    election   immediately   preceding   the   meeting   of   the
27    congressional committee, and  each  ward  committeeman  shall
28    have  one  vote for each ballot voted in each precinct of his
29    ward located in such congressional district  by  the  primary
30    electors  of  his  party  at the primary election immediately
31    preceding the meeting of the congressional committee; and  in
32    the  organization and proceedings of congressional committees
33    composed of the chairmen of the county central committees  of
34    the  counties  within  such  district,  each chairman of such
 
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 1    county central committee shall have one vote for each  ballot
 2    voted  in  his county by the primary electors of his party at
 3    the primary election immediately preceding the meeting of the
 4    congressional committee.
 5                     Judicial District Committee
 6        (f)  The judicial district committee  of  each  political
 7    party  in  each  judicial  district  shall be composed of the
 8    chairman of the county central  committees  of  the  counties
 9    composing the judicial district.
10        In  the organization and proceedings of judicial district
11    committees composed of the chairmen  of  the  county  central
12    committees   of  the  counties  within  such  district,  each
13    chairman of such county central committee shall have one vote
14    for each ballot voted in his county by the  primary  electors
15    of  his  party  at the primary election immediately preceding
16    the meeting of the judicial district committee.
17                       Circuit Court Committee
18        (g)  The circuit court committee of each political  party
19    in  each  judicial  circuit  outside  Cook  County  shall  be
20    composed  of the chairmen of the county central committees of
21    the counties composing the judicial circuit.
22        In the organization  and  proceedings  of  circuit  court
23    committees, each chairman of a county central committee shall
24    have  one  vote  for  each  ballot voted in his county by the
25    primary  electors  of  his  party  at  the  primary  election
26    immediately  preceding  the  meeting  of  the  circuit  court
27    committee.
28                    Judicial Subcircuit Committee
29        (g-1)  The  judicial   subcircuit   committee   of   each
30    political  party  in  each  judicial subcircuit in a judicial
31    circuit  divided  into  subcircuits  Cook  County  shall   be
32    composed  of  (i)  the  ward and township committeemen of the
33    townships and wards composing the judicial subcircuit in Cook
34    County and (ii) the precinct committeemen  of  the  precincts
 
                            -11-     LRB093 03371 JAM 11741 a
 1    composing  the  judicial  subcircuit in any county other than
 2    Cook County.
 3        In the organization  and  proceedings  of  each  judicial
 4    subcircuit  committee,  each township committeeman shall have
 5    one vote for each ballot voted in his township or part  of  a
 6    township,  as  the case may be, in the judicial subcircuit by
 7    the primary electors of his party  at  the  primary  election
 8    immediately  preceding the meeting of the judicial subcircuit
 9    committee; and each ward committeeman shall have one vote for
10    each ballot voted in his ward or part of a ward, as the  case
11    may be, in the judicial subcircuit by the primary electors of
12    his  party  at the primary election immediately preceding the
13    meeting of the judicial subcircuit committee.
14                     Municipal Central Committee
15        (h)  The municipal central committee  of  each  political
16    party  shall  be  composed  of the precinct, township or ward
17    committeemen, as the case may be, of such party  representing
18    the  precincts  or wards, embraced in such city, incorporated
19    town or  village.  The  voting  strength  of  each  precinct,
20    township  or  ward  committeeman  on  the  municipal  central
21    committee  shall  be  the  same as his voting strength on the
22    county central committee.
23        For political parties, other than a  statewide  political
24    party,  established  only  within a municipality or township,
25    the  municipal  or  township  managing  committee  shall   be
26    composed  of  the  party  officers  of  the local established
27    party.  The party officers of a local established party shall
28    be as follows: the chairman and secretary of the  caucus  for
29    those  municipalities  and townships authorized by statute to
30    nominate candidates by caucus shall serve as  party  officers
31    for  the  purpose  of  filling  vacancies in nomination under
32    Section 7-61; for municipalities and townships authorized  by
33    statute  or  ordinance to nominate candidates by petition and
34    primary election, the party officers  shall  be  the  party's
 
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 1    candidates  who  are  nominated  at the primary.  If no party
 2    primary was held because of the provisions  of  Section  7-5,
 3    vacancies  in  nomination  shall  be  filled  by  the party's
 4    remaining candidates who shall serve as the party's officers.
 5                               Powers
 6        (i)  Each committee  and  its  officers  shall  have  the
 7    powers  usually  exercised  by  such  committees  and  by the
 8    officers thereof, not inconsistent  with  the  provisions  of
 9    this  Article.  The  several  committees  herein provided for
10    shall not have power to delegate  any  of  their  powers,  or
11    functions to any other person, officer or committee, but this
12    shall not be construed to prevent a committee from appointing
13    from its own membership proper and necessary subcommittees.
14        (j)  The  State  central  committee  of a political party
15    which elects it members by Alternative B under paragraph  (a)
16    of  this  Section  shall  adopt  a plan to give effect to the
17    delegate selection rules of the national political party  and
18    file  a  copy  of such plan with the State Board of Elections
19    when approved by a national political party.
20        (k)  For the purpose of the designation of a proxy  by  a
21    Congressional  Committee  to vote in place of an absent State
22    central committeeman or committeewoman  at  meetings  of  the
23    State central committee of a political party which elects its
24    members by Alternative B under paragraph (a) of this Section,
25    the  proxy  shall  be  appointed  by the vote of the ward and
26    township committeemen, if any, of  the  wards  and  townships
27    which  lie  entirely  or  partially  within the Congressional
28    District from which the absent State central committeeman  or
29    committeewoman  was  elected  and the vote of the chairmen of
30    the county central committees of  those  counties  which  lie
31    entirely  or partially within that Congressional District and
32    in which there are no ward  or  township  committeemen.  When
33    voting  for such proxy the county chairman, ward committeeman
34    or township committeeman, as the case may be shall  have  one
 
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 1    vote  for  each ballot voted in his county, ward or township,
 2    or portion thereof within the Congressional District, by  the
 3    primary  electors of his party at the primary at which he was
 4    elected. However, the absent State  central  committeeman  or
 5    committeewoman  may  designate  a proxy when permitted by the
 6    rules of a  political  party  which  elects  its  members  by
 7    Alternative B under paragraph (a) of this Section.
 8    (Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)

 9        Section  10.  The Circuit Courts Act is amended by adding
10    Sections 2f-1, 2f-2, and 2f-3 as follows:

11        (705 ILCS 35/2f-1 new)
12        Sec.  2f-1.  Twelfth  circuit;  subcircuits;   additional
13    resident judgeships.
14        (a)  The   twelfth   circuit  shall  be  divided  into  5
15    subcircuits.  The subcircuits shall be  compact,  contiguous,
16    and  substantially equal in population.  The General Assembly
17    shall create the subcircuits by law on or before  January  1,
18    2005, using population data as determined by the 2000 federal
19    census.
20        (b)  The twelfth circuit shall have 3 additional resident
21    judgeships  for  a  total  of  5  resident judgeships.  The 3
22    additional resident judgeships created by this amendatory Act
23    of the 93rd General Assembly shall each be filled by election
24    beginning at the general election first occurring  after  the
25    corresponding   reduction  in  associate  judgeships  in  the
26    twelfth circuit provided in Section 2 of the Associate Judges
27    Act.  The 3 additional resident judgeships  created  by  this
28    amendatory  Act  of  the  93rd  General Assembly shall not be
29    filled  by  appointment  before  they  are  first  filled  by
30    election.
31        (c)  The Supreme Court shall allot (i) the  additional  3
32    resident  judgeships  created  by  this amendatory Act of the
 
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 1    93rd  General  Assembly  as  the  corresponding   number   of
 2    associate  judgeships  in  the  twelfth circuit is reduced as
 3    provided in Section 2 of the Associate Judges Act,  (ii)  all
 4    vacancies  in resident judgeships existing on or occurring on
 5    or after the effective date of this  amendatory  Act  of  the
 6    93rd  General  Assembly  and  not  filled at the 2004 general
 7    election, with respect to the other  resident  judgeships  of
 8    the twelfth circuit, and (iii) the resident judgeships of the
 9    twelfth  circuit filled at the 2004 general election as those
10    judgeships thereafter become vacant, for  election  from  the
11    various  subcircuits  until there is one resident judge to be
12    elected from each of the 5 subcircuits.
13        (d)  As  soon  as  possible  after  the  subcircuits  are
14    created by law, the Supreme Court shall determine  by  lot  a
15    numerical  order for the 5 subcircuits.  That numerical order
16    shall be the basis for the order in which resident judgeships
17    are assigned to the subcircuits. Once a resident judgeship is
18    assigned to a subcircuit, it shall continue to be assigned to
19    that subcircuit for all purposes.
20        (e)  A resident judge of a subcircuit must reside in  the
21    subcircuit  and must continue to reside in that subcircuit as
22    long as he or she holds that office.
23        (f)  Vacancies in  resident  judgeships  of  the  twelfth
24    circuit  shall be filled in the manner provided in Article VI
25    of the Illinois Constitution.

26        (705 ILCS 35/2f-2 new)
27        Sec. 2f-2.  Eighteenth circuit;  subcircuits;  additional
28    resident judgeships.
29        (a)  The  eighteenth  circuit  shall  be  divided  into 9
30    subcircuits.  The subcircuits shall be  compact,  contiguous,
31    and  substantially equal in population.  The General Assembly
32    shall create the subcircuits by law on or before  January  1,
33    2005, using population data as determined by the 2000 federal
 
                            -15-     LRB093 03371 JAM 11741 a
 1    census.
 2        (b)  The  eighteenth  circuit  shall  have  7  additional
 3    resident  judgeships  for  a  total of 9 resident judgeships.
 4    The  7  additional  resident  judgeships  created   by   this
 5    amendatory  Act  of  the  93rd General Assembly shall each be
 6    filled by election beginning at the  general  election  first
 7    occurring  after  the  corresponding  reduction  in associate
 8    judgeships in the eighteenth circuit provided in Section 2 of
 9    the  Associate  Judges  Act.   The  7   additional   resident
10    judgeships created by this amendatory Act of the 93rd General
11    Assembly  shall  not be filled by appointment before they are
12    first filled by election.
13        (c)  The Supreme Court shall allot (i) the  additional  7
14    resident  judgeships  created  by  this amendatory Act of the
15    93rd  General  Assembly  as  the  corresponding   number   of
16    associate  judgeships in the eighteenth circuit is reduced as
17    provided in Section 2 of the Associate Judges Act,  (ii)  all
18    vacancies  in resident judgeships existing on or occurring on
19    or after the effective date of this  amendatory  Act  of  the
20    93rd  General  Assembly  and  not  filled at the 2004 general
21    election, with respect to the other  resident  judgeships  of
22    the  eighteenth circuit, and (iii) the resident judgeships of
23    the eighteenth circuit filled at the 2004 general election as
24    those judgeships thereafter become vacant, for election  from
25    the  various subcircuits until there is one resident judge to
26    be elected from each of 9 subcircuits.
27        (d)  As  soon  as  possible  after  the  subcircuits  are
28    created by law, the Supreme Court shall determine  by  lot  a
29    numerical  order for the 9 subcircuits.  That numerical order
30    shall be the basis for the order in which resident judgeships
31    are assigned to the subcircuits. Once a resident judgeship is
32    assigned to a subcircuit, it shall continue to be assigned to
33    that subcircuit for all purposes.
34        (e)  A resident judge of a subcircuit must reside in  the
 
                            -16-     LRB093 03371 JAM 11741 a
 1    subcircuit  and must continue to reside in that subcircuit as
 2    long as he or she holds that office.
 3        (f)  Vacancies in resident judgeships of  the  eighteenth
 4    circuit  shall be filled in the manner provided in Article VI
 5    of the Illinois Constitution.

 6        (705 ILCS 35/2f-3 new)
 7        Sec. 2f-3.  Nineteenth circuit; subcircuits.
 8        (a)  The nineteenth  circuit  shall  be  divided  into  9
 9    subcircuits.   The  subcircuits shall be compact, contiguous,
10    and substantially equal in population.  The General  Assembly
11    shall  create  the subcircuits by law on or before January 1,
12    2005, using population data as determined by the 2000 federal
13    census.
14        (b)  The nineteenth circuit  shall  have  a  total  of  9
15    resident judgeships.
16        (c)  The  Supreme  Court shall allot (i) all vacancies in
17    resident judgeships of the nineteenth circuit existing on  or
18    occurring  on  or after the effective date of this amendatory
19    Act of the 93rd General Assembly and not filled at  the  2004
20    general  election  and  (ii)  the  resident judgeships of the
21    nineteenth circuit filled at the  2004  general  election  as
22    those  judgeships thereafter become vacant, for election from
23    the various subcircuits until there is one resident judge  to
24    be elected from each subcircuit.
25        (d)  As  soon  as  possible  after  the  subcircuits  are
26    created  by  law,  the Supreme Court shall determine by lot a
27    numerical order for the 9 subcircuits.  That numerical  order
28    shall be the basis for the order in which resident judgeships
29    are assigned to the subcircuits. Once a resident judgeship is
30    assigned to a subcircuit, it shall continue to be assigned to
31    that subcircuit for all purposes.
32        (e)  A  resident judge of a subcircuit must reside in the
33    subcircuit and must continue to reside in that subcircuit  as
 
                            -17-     LRB093 03371 JAM 11741 a
 1    long as he or she holds that office.
 2        (f)  Vacancies  in  resident judgeships of the nineteenth
 3    circuit shall be filled in the manner provided in Article  VI
 4    of the Illinois Constitution.

 5        Section  15.  The  Judicial  Vacancies  Act is amended by
 6    changing Section 2 as follows:

 7        (705 ILCS 40/2) (from Ch. 37, par. 72.42)
 8        Sec. 2.  (a) Except as provided in paragraphs  (1),  (2),
 9    (3),  and  (4),  and (5) of this subsection (a), vacancies in
10    the office of a resident circuit judge in any  county  or  in
11    any unit or subcircuit of any circuit shall not be filled.
12             (1)  If   in   any   county   of  less  than  45,000
13        inhabitants there remains in  office  no  other  resident
14        judge following the occurrence of a vacancy, such vacancy
15        shall be filled.
16             (2)  If  in  any  county  of 45,000 or more but less
17        than 60,000 inhabitants there remains in office only  one
18        resident  judge  following  the  occurrence of a vacancy,
19        such vacancy shall be filled.
20             (3)  If in any county of 60,000 or more inhabitants,
21        other than the County of Cook or as provided in paragraph
22        (5), there remain in  office  no  more  than  2  resident
23        judges  following  the  occurrence  of  a  vacancy,  such
24        vacancy shall be filled.
25             (4)  The  County  of  Cook  shall  have 165 resident
26        judges on and after the effective date of this amendatory
27        Act of 1990.  Of those resident judgeships, (i) 56  shall
28        be  those  authorized  before  the effective date of this
29        amendatory Act of 1990 from the unit of  the  Circuit  of
30        Cook  County  within  Chicago,  (ii)  27  shall  be those
31        authorized before the effective date of  this  amendatory
32        Act  of  1990 from the unit of the Circuit of Cook County
 
                            -18-     LRB093 03371 JAM 11741 a
 1        outside Chicago, (iii) 12 shall  be  additional  resident
 2        judgeships  first  elected  at  the  general  election in
 3        November of 1992, (iv) 10 shall  be  additional  resident
 4        judgeships  first  elected  at  the  general  election in
 5        November of 1994, and (v) 60 shall be additional resident
 6        judgeships to be authorized one each for  each  reduction
 7        upon  vacancy  in  the  office  of associate judge in the
 8        Circuit of Cook County as those vacancies exist or  occur
 9        on and after the effective date of this amendatory Act of
10        1990   and   as  those  vacancies  are  determined  under
11        subsection (b) of Section 2 of the Associate  Judges  Act
12        until the total resident judgeships authorized under this
13        item  (v)  is  60.   Seven  of the 12 additional resident
14        judgeships provided  in  item  (iii)  may  be  filled  by
15        appointment  by  the  Supreme  Court  during  the  period
16        beginning on the effective date of this amendatory Act of
17        1990  and  ending  60 days before the primary election in
18        March of 1992;  those  judicial  appointees  shall  serve
19        until  the first Monday in December of 1992.  Five of the
20        12 additional resident judgeships provided in item  (iii)
21        may  be filled by appointment by the Supreme Court during
22        the period beginning July 1,  1991  and  ending  60  days
23        before  the  primary  election  in  March  of 1992; those
24        judicial appointees shall serve until the first Monday in
25        December of 1992.  Five of  the  10  additional  resident
26        judgeships  provided  in  item  (iv)  may  be  filled  by
27        appointment  by  the  Supreme  Court  during  the  period
28        beginning  July  1,  1992  and  ending 60 days before the
29        primary  election  in  March  of  1994;  those   judicial
30        appointees shall serve until the first Monday in December
31        of  1994.   The remaining 5 of the 10 additional resident
32        judgeships  provided  in  item  (iv)  may  be  filled  by
33        appointment  by  the  Supreme  Court  during  the  period
34        beginning July 1, 1993 and  ending  60  days  before  the
 
                            -19-     LRB093 03371 JAM 11741 a
 1        primary   election  in  March  of  1994;  those  judicial
 2        appointees shall serve until the first Monday in December
 3        1994.  The additional resident  judgeships  created  upon
 4        vacancy in the office of associate judge provided in item
 5        (v)  may  be  filled  by appointment by the Supreme Court
 6        beginning on the effective date of this amendatory Act of
 7        1990; but no additional resident judgeships created  upon
 8        vacancy in the office of associate judge provided in item
 9        (v)  shall  be filled during the 59 day period before the
10        next primary election to nominate judges. The Circuit  of
11        Cook  County  shall  be divided into units to be known as
12        subcircuits as provided in  Section  2f  of  the  Circuit
13        Courts Act.  A vacancy in the office of resident judge of
14        the Circuit of Cook County existing on or occurring on or
15        after  the effective date of this amendatory Act of 1990,
16        but before the date the subcircuits are created  by  law,
17        shall  be filled by appointment by the Supreme Court from
18        the unit within Chicago or the unit outside  Chicago,  as
19        the  case  may be, in which the vacancy occurs and filled
20        by election from the subcircuit to which it  is  allotted
21        under Section 2f of the Circuit Courts Act.  A vacancy in
22        the  office  of  resident  judge  of  the Circuit of Cook
23        County existing on or occurring on or after the date  the
24        subcircuits  are  created  by  law  shall  be  filled  by
25        appointment by the Supreme Court and by election from the
26        subcircuit  to  which  it is allotted under Section 2f of
27        the Circuit Courts Act.
28             (5)  Resident judges in the twelfth, eighteenth, and
29        nineteenth judicial circuits are as provided in  Sections
30        2f-1, 2f-2, and 2f-3 of the Circuit Courts Act.
31        (b)  Nothing  in  paragraphs (2) or (3) of subsection (a)
32    of this Section shall be construed to require  or  permit  in
33    any  county  a  greater  number of resident judges than there
34    were resident associate judges on January 1, 1967.
 
                            -20-     LRB093 03371 JAM 11741 a
 1        (c)  Vacancies authorized to be filled by this Section  2
 2    shall  be  filled in the manner provided in Article VI of the
 3    Constitution.
 4        (d)  A person appointed to fill a vacancy in  the  office
 5    of  circuit  judge  shall  be,  at the time of appointment, a
 6    resident of  the  subcircuit  from  which  the  person  whose
 7    vacancy  is  being filled was elected if the vacancy occurred
 8    in a circuit divided into  subcircuits  Cook  County.   If  a
 9    vacancy  in the office of circuit judge occurred in a circuit
10    not divided into subcircuits other than Cook County, a person
11    appointed to fill the  vacancy  shall  be,  at  the  time  of
12    appointment,  a resident of the circuit from which the person
13    whose vacancy  is  being  filled  was  elected.    Except  as
14    provided  in  Sections  2f-1,  2f-2,  and 2f-3 of the Circuit
15    Courts Act, if a vacancy occurred in the office of a resident
16    circuit judge, a person appointed to fill the  vacancy  shall
17    be, at the time of appointment, a resident of the county from
18    which the person whose vacancy is being filled was elected.
19    (Source: P.A. 90-342, eff. 8-8-97.)

20        Section  20.   The  Associate  Judges  Act  is amended by
21    changing Section 2 as follows:

22        (705 ILCS 45/2) (from Ch. 37, par. 160.2)
23        Sec. 2.  (a)  The  maximum  number  of  associate  judges
24    authorized  for each circuit is the greater of the applicable
25    minimum number specified in this  Section  or  one  for  each
26    35,000 or fraction thereof in population as determined by the
27    last  preceding  Federal  census,  except for circuits with a
28    population of more than 3,000,000 where the maximum number of
29    associate judges is one for each 29,000 or  fraction  thereof
30    in  population  as  determined  by the last preceding federal
31    census, reduced in circuits of less than 200,000  inhabitants
32    by  the  number  of  resident  circuit  judges elected in the
 
                            -21-     LRB093 03371 JAM 11741 a
 1    circuit in  excess  of  one  per  county.   In  addition,  in
 2    circuits of 1,000,000 or more inhabitants, there shall be one
 3    additional  associate  judge  authorized  for  each municipal
 4    district of the circuit court. The number of associate judges
 5    to be appointed in each circuit, not to  exceed  the  maximum
 6    authorized,  shall  be  determined  from  time to time by the
 7    Circuit  Court.  The  minimum  number  of  associate   judges
 8    authorized  for  any  circuit  consisting  of a single county
 9    shall  be  14.   The  minimum  number  of  associate   judges
10    authorized  for  any  circuit consisting of 2 counties with a
11    combined population of at least 275,000 but less than 300,000
12    shall  be  10.   The  minimum  number  of  associate   judges
13    authorized  for  any  circuit  with  a population of at least
14    303,000 but not more than 309,000 shall be  10.  The  minimum
15    number  of associate judges authorized for any circuit with a
16    population of at least 329,000, but  not  more  than  335,000
17    shall   be   11.  The  minimum  number  of  associate  judges
18    authorized for any circuit with  a  population  of  at  least
19    173,000  shall  be  5.   As  used  in  this Section, the term
20    "resident circuit judge" has the  meaning  given  it  in  the
21    Judicial Vacancies Act.
22        (b)  The  maximum  number  of associate judges authorized
23    under subsection (a) for a circuit with a population of  more
24    than   3,000,000   shall  be  reduced  as  provided  in  this
25    subsection (b).  For each vacancy that exists on or occurs on
26    or after the effective date of this amendatory Act  of  1990,
27    that  maximum  number shall be reduced by one until the total
28    number of associate judges authorized under subsection (a) is
29    reduced by 60.  A vacancy exists or occurs when an  associate
30    judge   dies,   resigns,  retires,  is  removed,  or  is  not
31    reappointed upon expiration of his or  her  term;  a  vacancy
32    does  not  exist  or occur at the expiration of a term if the
33    associate judge is reappointed.
34        (c)  The maximum number of  associate  judges  authorized
 
                            -22-     LRB093 03371 JAM 11741 a
 1    under subsection (a) for the twelfth circuit shall be reduced
 2    as  provided  in  this  subsection (c). For each vacancy that
 3    exists on or occurs on or after the effective  date  of  this
 4    amendatory  Act  of  the  93rd  General Assembly, the maximum
 5    number shall be reduced by one  until  the  total  number  of
 6    associate  judges  authorized under subsection (a) is reduced
 7    by 3. A vacancy exists or  occurs  when  an  associate  judge
 8    dies,  resigns,  retires,  is  removed, or is not reappointed
 9    upon expiration of his or her term; a vacancy does not  exist
10    or  occur  at the expiration of a term if the associate judge
11    is reappointed.
12        (d)  The maximum number of  associate  judges  authorized
13    under  subsection  (a)  for  the  eighteenth circuit shall be
14    reduced as provided in this subsection (d). For each  vacancy
15    that  exists  on  or occurs on or after the effective date of
16    this amendatory  Act  of  the  93rd  General  Assembly,  that
17    maximum number shall be reduced by one until the total number
18    of  associate  judges  authorized  under  subsection  (a)  is
19    reduced  by  7.  A vacancy exists or occurs when an associate
20    judge  dies,  resigns,  retires,  is  removed,  or   is   not
21    reappointed  upon  expiration  of  his or her term; a vacancy
22    does not exist or occur at the expiration of a  term  if  the
23    associate judge is reappointed.
24    (Source: P.A. 92-17, eff. 6-28-01.)".