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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1838 Introduced 2/9/2011, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
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| 10 ILCS 5/6-19.5 new | | 10 ILCS 5/6A-1 | from Ch. 46, par. 6A-1 | 10 ILCS 5/6A-2 | from Ch. 46, par. 6A-2 | 10 ILCS 5/6A-4 | from Ch. 46, par. 6A-4 |
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Amends the Election Code. Permits establishment of a county board of election commissioners, by referendum initiated by the county board, in a county that has a municipality with a municipal board of election commissioners.
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| | A BILL FOR |
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| | SB1838 | | LRB097 10187 RLJ 50377 b |
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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 6A-1, 6A-2, and 6A-4 and by adding Section 6-19.5 as |
| 6 | | follows:
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| 7 | | (10 ILCS 5/6-19.5 new) |
| 8 | | Sec. 6-19.5. Rejection of Article by superseding county |
| 9 | | board of election commissioners. In addition to any other |
| 10 | | method of rejection provided in this Article, when a county |
| 11 | | board of election commissioners is established in accordance |
| 12 | | with subsection (b) of Section 6A-1 in a county in which is |
| 13 | | located any portion of a municipality with a municipal board of |
| 14 | | election commissioners, the application of the provisions of |
| 15 | | this Article to the territory of that municipality located |
| 16 | | within that county is rejected.
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| 17 | | (10 ILCS 5/6A-1) (from Ch. 46, par. 6A-1)
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| 18 | | Sec. 6A-1. Adoption of Article. |
| 19 | | (a) Any county in which there is no city, village or |
| 20 | | incorporated town
with a board of election commissioners may |
| 21 | | establish a county board of
election commissioners either (1) |
| 22 | | by ordinance of the county board or
(2) by vote of the electors |
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| | SB1838 | - 2 - | LRB097 10187 RLJ 50377 b |
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| 1 | | of the county in accordance with subsection (a) of Section
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| 2 | | 6A-2.
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| 3 | | The fact that some territory in a county is within the |
| 4 | | corporate
limits of a city, village or incorporated town with a |
| 5 | | board of election
commissioners does not prevent that county |
| 6 | | from establishing a county
board of election commissioners in |
| 7 | | accordance with this Article if no
portion of such city, |
| 8 | | village or incorporated town was within the county
at the time |
| 9 | | of the establishment of the board of election commissioners
for |
| 10 | | such city, village or incorporated town. If such a county
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| 11 | | establishes a county board of election commissioners pursuant |
| 12 | | to this
Article, the county board of election commissioners |
| 13 | | shall, with respect
to the territory in the county within the |
| 14 | | corporate limits of the city,
village or incorporated town, |
| 15 | | supersede the board of election
commissioners of that city, |
| 16 | | village or incorporated town.
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| 17 | | (b) Any county in which a city, village, or incorporated |
| 18 | | town with a board of election commissioners is located may |
| 19 | | establish a county board of election commissioners by vote of |
| 20 | | the electors of the county in accordance with subsection (b) of |
| 21 | | Section 6A-2. If such a county establishes a county board of |
| 22 | | election commissioners, the county board of election |
| 23 | | commissioners, with respect to the territory in the county |
| 24 | | within the corporate limits of the city, village, or |
| 25 | | incorporated town, shall supersede the board of election |
| 26 | | commissioners of that city, village, or incorporated town. |
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| | SB1838 | - 3 - | LRB097 10187 RLJ 50377 b |
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| 1 | | (Source: P.A. 81-1433.)
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| 2 | | (10 ILCS 5/6A-2) (from Ch. 46, par. 6A-2)
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| 3 | | Sec. 6A-2. Submission to voters. |
| 4 | | (a) Whenever registered voters in a the county described in |
| 5 | | subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8
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| 6 | | of the number voting at the last preceding general election in |
| 7 | | the county,
whichever is less, petition the circuit court to |
| 8 | | submit to the electors of
the county a proposition to establish |
| 9 | | a county board of election
commissioners, the circuit court |
| 10 | | shall cause such proposition to be
submitted to the electors of |
| 11 | | the county at the next succeeding general
election. |
| 12 | | (b) After approval and certification by the county board of |
| 13 | | a county described in subsection (b) of Section 6A-2, the |
| 14 | | proposition to establish a county board of election |
| 15 | | commissioners shall be submitted to the electors of that county |
| 16 | | at the next possible general election. |
| 17 | | (c) The proposition shall be submitted in the same manner |
| 18 | | as provided
in Article 6 for the adoption of Articles 6, 14 and |
| 19 | | 18 by cities, villages
and incorporated towns, except that the |
| 20 | | question shall be stated: "Shall a
board of election |
| 21 | | commissioners be established for .... County?"
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| 22 | | (Source: P.A. 78-465.)
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| 23 | | (10 ILCS 5/6A-4) (from Ch. 46, par. 6A-4)
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| 24 | | Sec. 6A-4. Transfer of records. Upon the opening of the |
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| | SB1838 | - 4 - | LRB097 10187 RLJ 50377 b |
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| 1 | | office of the county board of election
commissioners, the |
| 2 | | county clerk and any municipal board of election commissioners |
| 3 | | in the county shall turn over to such county board all registry
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| 4 | | books, registration record cards, poll books, tally sheets and |
| 5 | | ballot boxes
and all other books, forms, blanks and stationery |
| 6 | | of every description in
the clerk's or municipal board's |
| 7 | | possession his hands in any way relating to elections or the |
| 8 | | holding of elections in
the county. Thereupon, all functions, |
| 9 | | powers and duties of the county clerk,
or the county board, or |
| 10 | | the municipal board relating to elections in that county are |
| 11 | | transferred to the county
board of election commissioners.
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| 12 | | (Source: P.A. 78-465.)
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