SB1838sam001 97TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 10/25/2011

09700SB1838sam001 LRB097 10187 PJG 58846 a

AMENDMENT TO SENATE BILL 1838

AMENDMENT NO. ______. Amend Senate Bill 1838 by replacing everything after the enacting clause with the following:

"Section 5. The Election Code is amended by changing Sections 6A-1, 6A-2, 6A-4, and 6A-5 and by adding Section 6-19.5 as follows:

(10 ILCS 5/6-19.5 new)

Sec. 6-19.5. Rejection of Article by superseding county board of election commissioners. In addition to any other method of rejection provided in this Article, when a county board of election commissioners is established in accordance with subsection (b) of Section 6A-1 in a county in which is located any portion of a municipality with a municipal board of election commissioners, the application of the provisions of this Article to the territory of that municipality located within that county is rejected.

(10 ILCS 5/6A-1) (from Ch. 46, par. 6A-1)

Sec. 6A-1. Adoption of Article.

(a) Any county in which there is no city, village or incorporated town with a board of election commissioners may establish a county board of election commissioners either (1) by ordinance of the county board or (2) by vote of the electors of the county in accordance with subsection (a) of Section 6A-2.

The fact that some territory in a county is within the corporate limits of a city, village or incorporated town with a board of election commissioners does not prevent that county from establishing a county board of election commissioners in accordance with this Article if no portion of such city, village or incorporated town was within the county at the time of the establishment of the board of election commissioners for such city, village or incorporated town. If such a county establishes a county board of election commissioners pursuant to this Article, the county board of election commissioners shall, with respect to the territory in the county within the corporate limits of the city, village or incorporated town, supersede the board of election commissioners of that city, village or incorporated town.

(b) Any county with a population of less than 200,000 but more than 175,000 persons as of the 2010 federal census in which a city, village, or incorporated town with a board of election commissioners is located may establish a county board of election commissioners by vote of the electors of the county in accordance with subsection (b) of Section 6A-2. If such a county establishes a county board of election commissioners, the county board of election commissioners, with respect to the territory in the county within the corporate limits of the city, village, or incorporated town, shall supersede the board of election commissioners of that city, village, or incorporated town.

(Source: P.A. 81-1433.)

(10 ILCS 5/6A-2) (from Ch. 46, par. 6A-2)

Sec. 6A-2. Submission to voters.

(a) Whenever registered voters in a the county described in subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8 of the number voting at the last preceding general election in the county, whichever is less, petition the circuit court to submit to the electors of the county a proposition to establish a county board of election commissioners, the circuit court shall cause such proposition to be submitted to the electors of the county at the next succeeding general election.

(b) After approval and certification by the county board of a county described in subsection (b) of Section 6A-2, the proposition to establish a county board of election commissioners shall be submitted to the electors of that county at the next possible general election.

(c) The proposition shall be submitted in the same manner as provided in Article 6 for the adoption of Articles 6, 14 and 18 by cities, villages and incorporated towns, except that the question shall be stated: "Shall a board of election commissioners be established for .... County?"

(Source: P.A. 78-465.)

(10 ILCS 5/6A-4) (from Ch. 46, par. 6A-4)

Sec. 6A-4. Transfer of records. Upon the opening of the office of the county board of election commissioners, the county clerk and any municipal board of election commissioners in the county shall turn over to such county board all registry books, registration record cards, poll books, tally sheets and ballot boxes and all other books, forms, blanks and stationery of every description in the clerk's or municipal board's possession his hands in any way relating to elections or the holding of elections in the county and any unused appropriations related to elections or the holding of elections in the county. Thereupon, all functions, powers and duties of the county clerk, or the county board, or the municipal board relating to elections in that county are transferred to the county board of election commissioners.

(Source: P.A. 78-465.)

(10 ILCS 5/6A-5) (from Ch. 46, par. 6A-5)

Sec. 6A-5. The provisions of Articles 6, 14 and 18 of this Act relating to boards of election commissioners in cities, villages and incorporated towns shall, insofar as they can be made applicable, apply to and govern county boards of election commissioners established pursuant to this Article. For a county described in subsection (b) of Section 6A-2, the board of election commissioners shall be composed of 5 members appointed by the circuit court of the county, at least 2 members shall reside in the municipality that had a board of election commissioners superseded by subsection (b) of Section 6A-2 and shall be selected from the 2 leading political parties of the State, one from each of those parties, and at least 2 members shall reside outside of such municipality but within the county and shall be selected from the 2 leading political parties of the State, one from each of those parties. A deputy registrar serving as such by virtue of his status as a municipal clerk, or a duly authorized deputy of a municipal clerk, of a municipality the territory of which lies in more than one county, where one such county is governed by a county board of election commissioners established pursuant to this Article, may accept the registration of any qualified resident of the municipality, regardless of which county the resident, municipal clerk or the duly authorized deputy of the municipal clerk lives in. The annual budget for a county board of election commissioners shall be determined by the county board of that county. However, the county board, in fixing the compensation of the members of the county board of election commissioners and of the executive director and assistant executive director, is not subject to the limitations of Section 6-70 and may provide for either an annual salary or a per diem compensation.

(Source: P.A. 85-958.)

Section 99. Effective date. This Act takes effect upon becoming law.".