HB2884 98TH GENERAL ASSEMBLY

LRB098 08775 HLH 38901 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2884

Introduced , by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:

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-3	from Ch. 46, par. 6A-3
10 ILCS 5/6A-4	from Ch. 46, par. 6A-4
10 ILCS 5/6A-8 new

Amends the Election Code. Provides that when a county board of election commissioners is established in certain counties where any portion of a municipality with a municipal board of election commissioners is located, the application of certain provisions of the Code to the territory of that municipality located within that county is rejected. Authorizes the establishment of a county board of election commissioners by vote of the electors of 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 or a part thereof with a board of election commissioners is located. Provides for the transfer of records from municipal board of election commissioners that has been abolished. Authorizes a county board to certify and submit a proposition to establish a county board of election commissioners. Provides that no appointed commissioner shall hold or be a candidate for any elective public or political office during his or her term. Provides that certain county boards of election commissioners shall be funded by an annual election fund tax not to exceed .040% of the value, as equalized or assessed, of all the taxable property within its jurisdiction. Effective immediately.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 6A-1, 6A-2, 6A-3, and 6A-4 and by adding Sections 6-19.5 and 6A-8 as follows:

(10 ILCS 5/6-19.5 new)

Sec. 6-19.5. Rejection 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 of this Code in a county in which any portion of a municipality with a municipal board of election commissioners is located, the application of the provisions of this Article to the territory of that municipality located within that county is rejected only if the proposition creating the county board of election commissioners is approved by a majority of votes cast on the proposition in such city, village, or incorporated town.

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

Sec. 6A-1. Establishment.

(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.

(b) Any county with a population of less than 200,000 and more than 175,000 persons as of the 2010 federal census in which a city, village, incorporated town, or a part thereof is located and has a board of election commissioners may establish a county board of election commissioners by vote of the electors of the county in accordance with subsection (a) of Section 6A-2 of this Code. If any residents of such city, village, or incorporated town reside in a county that adjoins the county in which the referendum election is held, then those residents shall also be entitled to vote on that referendum. 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 only if the proposition creating the county board of election commissioners is approved by a majority of all of the votes cast on the proposition in such city, village, or incorporated town as well as by a majority of votes cast in the entire county.

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.

(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) or (b) of Section 6A-1 of this Code, 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) A county board may, by ordinance or resolution, certify to the appropriate election authorities and cause to be submitted to the electors of such county at the next general election a proposition to establish a county board of election commissioners pursuant to subsection (a) of Section 6A-1 of this Code.

(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 county board of election commissioners be established for .... County?"

(d) If a majority of the votes cast on a proposition submitted in accordance with subsection (c) of this Section are in favor of the creation of a county board of election commissioners, a county board of election commissioners is established, provided, however, that if there exists on the date of the election at which the proposition is submitted to a board of election commissioners in any municipality in such county, the county board of election commissioners shall supersede such municipal board of election commissioners and the municipal board of election commissions is abolished only if the proposition is approved by a majority of votes cast on such proposition in such municipality. If any residents of such municipality reside in a county which adjoins the county in which such proposition is submitted to election, such residents shall be entitled to vote on such proposition.

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

(10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)

Sec. 6A-3. Appointment. If the county board adopts an ordinance providing for the establishment of a county board of election commissioners, or if a majority of the votes cast on a proposition submitted in accordance with Section 6A-2 are in favor of a county board of election commissioners, a county board of election commissioners shall be appointed in the same manner as is provided in Article 6 for boards of election commissioners in cities, villages and incorporated towns, except that any the county board of election commissioners in existence as of the effective date of this amendatory Act of the 98th General Assembly shall continue to be appointed by the chairman of the county board rather than the circuit court. No appointed commissioner shall hold or be a candidate for any elective public or political office during his or her term. However, before any appointments are made, the appointing authority shall ascertain whether the county clerk desires to be a member of the county board of election commissioners. If the county clerk so desires, he shall be one of the members of the county board of election commissioners, and the appointing authority shall appoint only 2 other members.

(Source: P.A. 91-358, eff. 7-29-99.)

(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 such municipal board of election commissioners in a county that has been superseded and abolished by the creation of a county board of election commissioners pursuant to Section 6A-2 of this Code shall turn over to such 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. 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-8 new)

Sec. 6A-8. Funding. Any county board of election commissioners established in accordance with Section 6A-2 of this Code shall be funded by an annual election fund tax not to exceed .040% of the value, as equalized or assessed, of all the taxable property within its jurisdiction. This tax shall be in addition to and exclusive of all other taxes that the county is now or hereafter authorized to levy and collect and shall be levied and collected in the same manner as the general taxes of that county. Proceeds of such levy and tax shall be deposited into an election fund to be administered and used by the county board of election commissioners to pay for all expenses incurred in conducting elections within its jurisdiction. The county board of election commissioners may incur debt and may issue tax anticipation warrants against the taxes to be assessed for a calendar year.

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