96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2416

 

Introduced 2/19/2009, by Rep. Naomi D. Jakobsson

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/13-1   from Ch. 46, par. 13-1
10 ILCS 5/13-1.1   from Ch. 46, par. 13-1.1
10 ILCS 5/13-2   from Ch. 46, par. 13-2
10 ILCS 5/14-3.1   from Ch. 46, par. 14-3.1
10 ILCS 5/14-3.2   from Ch. 46, par. 14-3.2
10 ILCS 5/14-4   from Ch. 46, par. 14-4

    Amends the Election Code. Requires that a majority of a panel of election judges be affiliated with the first leading established political party in the precinct and that the others be affiliated with other leading established political parties (now, the others must be affiliated with the second leading party).


LRB096 08374 JAM 18486 b

 

 

A BILL FOR

 

HB2416 LRB096 08374 JAM 18486 b

1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing
5 Sections 13-1, 13-1.1, 13-2, 14-3.1, 14-3.2, and 14-4 as
6 follows:
 
7     (10 ILCS 5/13-1)  (from Ch. 46, par. 13-1)
8     Sec. 13-1. In counties not under township organization, the
9 county board of commissioners shall at its meeting in July in
10 each even-numbered year appoint in each election precinct 5
11 capable and discreet persons meeting the qualifications of
12 Section 13-4 to be judges of election. Where neither voting
13 machines nor electronic, mechanical or electric voting systems
14 are used, the county board may, for any precinct with respect
15 to which the board considers such action necessary or desirable
16 in view of the number of voters, and shall for general
17 elections for any precinct containing more than 600 registered
18 voters, appoint in addition to the 5 judges of election a team
19 of 5 tally judges. In such precincts the judges of election
20 shall preside over the election during the hours the polls are
21 open, and the tally judges, with the assistance of the holdover
22 judges designated pursuant to Section 13-6.2, shall count the
23 vote after the closing of the polls. However, the County Board

 

 

HB2416 - 2 - LRB096 08374 JAM 18486 b

1 of Commissioners may appoint 3 judges of election to serve in
2 lieu of the 5 judges of election otherwise required by this
3 Section to serve in any emergency referendum, or in any
4 odd-year regular election or in any special primary or special
5 election called for the purpose of filling a vacancy in the
6 office of representative in the United States Congress or to
7 nominate candidates for such purpose. The tally judges shall
8 possess the same qualifications and shall be appointed in the
9 same manner and with the same division between political
10 parties as is provided for judges of election.
11     In addition to such precinct judges, the county board of
12 commissioners shall appoint special panels of 3 judges each,
13 who shall possess the same qualifications and shall be
14 appointed in the same manner and with the same division between
15 political parties as is provided for other judges of election.
16 The number of such panels of judges required shall be
17 determined by regulations of the State Board of Elections which
18 shall base the required numbers of special panels on the number
19 of registered voters in the jurisdiction or the number of
20 absentee ballots voted at recent elections, or any combination
21 of such factors.
22     Such appointment shall be confirmed by the court as
23 provided in Section 13-3 of this Article. No more than 3
24 persons of the same political party shall be appointed judges
25 of the same election precinct or election judge panel. The
26 appointment shall be made in the following manner: The county

 

 

HB2416 - 3 - LRB096 08374 JAM 18486 b

1 board of commissioners shall select and approve 3 persons as
2 judges of election in each election precinct from a certified
3 list, furnished by the chairman of the County Central Committee
4 of the first leading political party in such precinct; and the
5 county board of commissioners shall also select and approve 2
6 persons as judges of election in each election precinct from a
7 certified lists list, furnished by the chairmen chairman of the
8 County Central committees Committee of the other second leading
9 political parties party. However, if only 3 judges of election
10 serve in each election precinct, no more than 2 persons of the
11 same political party shall be judges of election in the same
12 election precinct; and which political party is entitled to 2
13 judges of election and which political party is entitled to one
14 judge of election shall be determined in the same manner as set
15 forth in the next two preceding sentences with regard to 5
16 election judges in each precinct. Such certified list shall be
17 filed with the county clerk not less than 10 days before the
18 annual meeting of the county board of commissioners. Such list
19 shall be arranged according to precincts. The chairman of each
20 county central committee shall, insofar as possible, list
21 persons who reside within the precinct in which they are to
22 serve as judges. However, he may, in his sole discretion,
23 submit the names of persons who reside outside the precinct but
24 within the county embracing the precinct in which they are to
25 serve. He must, however, submit the names of at least 2
26 residents of the precinct for each precinct in which his party

 

 

HB2416 - 4 - LRB096 08374 JAM 18486 b

1 is to have 3 judges and must submit the name of at least one
2 resident of each other the precinct for each precinct in which
3 his party is to have 2 judges. The county board of
4 commissioners shall acknowledge in writing to each county
5 chairman the names of all persons submitted on such certified
6 list and the total number of persons listed thereon. If no such
7 list is filed or such list is incomplete (that is, no names or
8 an insufficient number of names are furnished for certain
9 election precincts), the county board of commissioners shall
10 make or complete such list from the names contained in the
11 supplemental list provided for in Section 13-1.1. The election
12 judges shall hold their office for 2 years from their
13 appointment, and until their successors are duly appointed in
14 the manner provided in this Act. The county board of
15 commissioners shall fill all vacancies in the office of judge
16 of election at any time in the manner provided in this Act.
17     For purposes of this Article, a leading political party
18 must be an established political party as defined in Article
19 10.
20 (Source: P.A. 94-1000, eff. 7-3-06.)
 
21     (10 ILCS 5/13-1.1)  (from Ch. 46, par. 13-1.1)
22     Sec. 13-1.1. In addition to the list provided for in
23 Section 13-1 or 13-2, the chairman of the county central
24 committee of each of the two leading political parties shall
25 submit to the county board a supplemental list, arranged

 

 

HB2416 - 5 - LRB096 08374 JAM 18486 b

1 according to precincts in which they are to serve, of persons
2 available as judges of election, the names and number of all
3 persons listed thereon to be acknowledged in writing to the
4 county chairman submitting such list by the county board.
5 Vacancies among the judges of election shall be filled by
6 selection from this supplemental list of persons qualified
7 under Section 13-4. If the list provided for in Section 13-1 or
8 13-2 for any precinct is exhausted, then selection shall be
9 made from the supplemental list submitted by the chairman of
10 the county central committee of the party. If such supplemental
11 list is exhausted for any precinct, then selection shall be
12 made from any of the persons on the supplemental list without
13 regard to the precincts in which they are listed to serve. No
14 selection or appointment from the supplemental list shall be
15 made more than 21 days prior to the date of precinct
16 registration for those judges needed as precinct registrars,
17 and more than 45 days prior to the date of an election for
18 those additional persons needed as election judges. In any case
19 where selection cannot be made from the supplemental list
20 without violating Section 13-4, selection shall be made from
21 outside the supplemental list of some person qualified under
22 Section 13-4.
23 (Source: P.A. 93-574, eff. 8-21-03.)
 
24     (10 ILCS 5/13-2)  (from Ch. 46, par. 13-2)
25     Sec. 13-2. In counties under the township organization the

 

 

HB2416 - 6 - LRB096 08374 JAM 18486 b

1 county board shall at its meeting in July in each even-numbered
2 year except in counties containing a population of 3,000,000
3 inhabitants or over and except when such judges are appointed
4 by election commissioners, select in each election precinct in
5 the county, 5 capable and discreet persons to be judges of
6 election who shall possess the qualifications required by this
7 Act for such judges. Where neither voting machines nor
8 electronic, mechanical or electric voting systems are used, the
9 county board may, for any precinct with respect to which the
10 board considers such action necessary or desirable in view of
11 the number of voters, and shall for general elections for any
12 precinct containing more than 600 registered voters, appoint in
13 addition to the 5 judges of election a team of 5 tally judges.
14 In such precincts the judges of election shall preside over the
15 election during the hours the polls are open, and the tally
16 judges, with the assistance of the holdover judges designated
17 pursuant to Section 13-6.2, shall count the vote after the
18 closing of the polls. The tally judges shall possess the same
19 qualifications and shall be appointed in the same manner and
20 with the same division between political parties as is provided
21 for judges of election.
22     However, the county board may appoint 3 judges of election
23 to serve in lieu of the 5 judges of election otherwise required
24 by this Section to serve in any emergency referendum, or in any
25 odd-year regular election or in any special primary or special
26 election called for the purpose of filling a vacancy in the

 

 

HB2416 - 7 - LRB096 08374 JAM 18486 b

1 office of representative in the United States Congress or to
2 nominate candidates for such purpose.
3     In addition to such precinct judges, the county board shall
4 appoint special panels of 3 judges each, who shall possess the
5 same qualifications and shall be appointed in the same manner
6 and with the same division between political parties as is
7 provided for other judges of election. The number of such
8 panels of judges required shall be determined by regulations of
9 the State Board of Elections, which shall base the required
10 number of special panels on the number of registered voters in
11 the jurisdiction or the number of absentee ballots voted at
12 recent elections or any combination of such factors.
13     No more than 3 persons of the same political party shall be
14 appointed judges in the same election district or undivided
15 precinct. The election of the judges of election in the various
16 election precincts shall be made in the following manner: The
17 county board shall select and approve 3 of the election judges
18 in each precinct from a certified list furnished by the
19 chairman of the County Central Committee of the first leading
20 political party in such election precinct and shall also select
21 and approve 2 judges of election in each election precinct from
22 a certified lists list furnished by the chairmen chairman of
23 the County Central Committees Committee of the other second
24 leading political parties party in such election precinct.
25 However, if only 3 judges of election serve in each election
26 precinct, no more than 2 persons of the same political party

 

 

HB2416 - 8 - LRB096 08374 JAM 18486 b

1 shall be judges of election in the same election precinct; and
2 which political party is entitled to 2 judges of election and
3 which political party is entitled to one judge of election
4 shall be determined in the same manner as set forth in the next
5 two preceding sentences with regard to 5 election judges in
6 each precinct. The respective County Central Committee
7 chairman shall notify the county board by June 1 of each
8 odd-numbered year immediately preceding the annual meeting of
9 the county board whether or not such certified list will be
10 filed by such chairman. Such list shall be arranged according
11 to precincts. The chairman of each county central committee
12 shall, insofar as possible, list persons who reside within the
13 precinct in which they are to serve as judges. However, he may,
14 in his sole discretion, submit the names of persons who reside
15 outside the precinct but within the county embracing the
16 precinct in which they are to serve. He must, however, submit
17 the names of at least 2 residents of the precinct for each
18 precinct in which his party is to have 3 judges and must submit
19 the name of at least one resident of each other the precinct
20 for each precinct in which his party is to have 2 judges. Such
21 certified list, if filed, shall be filed with the county clerk
22 not less than 20 days before the annual meeting of the county
23 board. The county board shall acknowledge in writing to each
24 county chairman the names of all persons submitted on such
25 certified list and the total number of persons listed thereon.
26 If no such list is filed or the list is incomplete (that is, no

 

 

HB2416 - 9 - LRB096 08374 JAM 18486 b

1 names or an insufficient number of names are furnished for
2 certain election precincts), the county board shall make or
3 complete such list from the names contained in the supplemental
4 list provided for in Section 13-1.1. Provided, further, that in
5 any case where a township has been or shall be redistricted, in
6 whole or in part, subsequent to one general election for
7 Governor, and prior to the next, the judges of election to be
8 selected for all new or altered precincts shall be selected in
9 that one of the methods above detailed, which shall be
10 applicable according to the facts and circumstances of the
11 particular case, but the majority of such judges for each such
12 precinct shall be selected from the first leading political
13 party, and the minority judges from the second leading
14 political party. Provided, further, that in counties having a
15 population of 1,000,000 inhabitants or over the selection of
16 judges of election shall be made in the same manner in all
17 respects as in other counties, except that the provisions
18 relating to tally judges are inapplicable to such counties and
19 except that the county board shall meet during the month of
20 January for the purpose of making such selection and the
21 chairman of each county central committee shall notify the
22 county board by the preceding October 1 whether or not the
23 certified list will be filed. Such judges of election shall
24 hold their office for 2 years from their appointment and until
25 their successors are duly appointed in the manner provided in
26 this Act. The county board shall fill all vacancies in the

 

 

HB2416 - 10 - LRB096 08374 JAM 18486 b

1 office of judges of elections at any time in the manner herein
2 provided.
3     Such selections under this Section shall be confirmed by
4 the circuit court as provided in Section 13-3 of this Article.
5 (Source: P.A. 94-1000, eff. 7-3-06.)
 
6     (10 ILCS 5/14-3.1)  (from Ch. 46, par. 14-3.1)
7     Sec. 14-3.1. The board of election commissioners shall,
8 during the month of July of each even-numbered year, select for
9 each election precinct within the jurisdiction of the board 5
10 persons to be judges of election who shall possess the
11 qualifications required by this Act for such judges. The
12 selection shall be made by a county board of election
13 commissioners in the following manner: the county board of
14 election commissioners shall select and approve 3 persons as
15 judges of election in each election precinct from a certified
16 list furnished by the chairman of the county central committee
17 of the first leading political party in that precinct; the
18 county board of election commissioners also shall select and
19 approve 2 persons as judges of election in each election
20 precinct from a certified lists list furnished by the chairmen
21 chairman of the county central committees committee of the
22 other second leading political parties party in that precinct.
23 The selection by a municipal board of election commissioners
24 shall be made in the following manner: for each precinct, 3
25 judges shall be selected from one of the 2 leading political

 

 

HB2416 - 11 - LRB096 08374 JAM 18486 b

1 parties and the other 2 judges shall be selected from the other
2 leading political parties party; the parties entitled to 3 and
3 the other 2 judges, respectively, in the several precincts
4 shall be determined as provided in Section 14-4. However, a
5 Board of Election Commissioners may appoint three judges of
6 election to serve in lieu of the 5 judges of election otherwise
7 required by this Section to serve in any emergency referendum,
8 or in any odd-year regular election or in any special primary
9 or special election called for the purpose of filling a vacancy
10 in the office of representative in the United States Congress
11 or to nominate candidates for such purpose.
12     If only 3 judges of election serve in each election
13 precinct, no more than 2 persons of the same political party
14 shall be judges of election in the same election precinct, and
15 which political party is entitled to 2 judges of election and
16 which political party is entitled to one judge of election
17 shall be determined as set forth in this Section for a county
18 board of election commissioners' selection of 5 election judges
19 in each precinct or in Section 14-4 for a municipal board of
20 election commissioners' selection of election judges in each
21 precinct, whichever is appropriate. In addition to such
22 precinct judges, the board of election commissioners shall
23 appoint special panels of 3 judges each, who shall possess the
24 same qualifications and shall be appointed in the same manner
25 and with the same division between political parties as is
26 provided for other judges of election. The number of such

 

 

HB2416 - 12 - LRB096 08374 JAM 18486 b

1 panels of judges required shall be determined by regulation of
2 the State Board of Elections, which shall base the required
3 number of special panels on the number of registered voters in
4 the jurisdiction or the number of absentee ballots voted at
5 recent elections or any combination of such factors. A
6 municipal board of election commissioners shall make the
7 selections of persons qualified under Section 14-1 from
8 certified lists furnished by the chairman of the respective
9 county central committees of the 2 leading political parties.
10 Lists furnished by chairmen of county central committees under
11 this Section shall be arranged according to precincts. The
12 chairman of each county central committee shall, insofar as
13 possible, list persons who reside within the precinct in which
14 they are to serve as judges. However, he may, in his sole
15 discretion, submit the names of persons who reside outside the
16 precinct but within the county embracing the precinct in which
17 they are to serve. He must, however, submit the names of at
18 least 2 residents of the precinct for each precinct in which
19 his party is to have 3 judges and must submit the name of at
20 least one resident of the precinct for each other precinct in
21 which his party is to have 2 judges. The board of election
22 commissioners shall no later than March 1 of each even-numbered
23 year notify the chairmen of the respective county central
24 committees of their responsibility to furnish such lists, and
25 each such chairman shall furnish the board of election
26 commissioners with the list for his party on or before May 1 of

 

 

HB2416 - 13 - LRB096 08374 JAM 18486 b

1 each even-numbered year. The board of election commissioners
2 shall acknowledge in writing to each county chairman the names
3 of all persons submitted on such certified list and the total
4 number of persons listed thereon. If no such list is furnished
5 or if no names or an insufficient number of names are furnished
6 for certain precincts, the board of election commissioners
7 shall make or complete such list from the names contained in
8 the supplemental list provided for in Section 14-3.2. Judges of
9 election shall hold their office for 2 years from their
10 appointment and until their successors are duly appointed in
11 the manner herein provided. The board of election commissioners
12 shall, subject to the provisions of Section 14-3.2, fill all
13 vacancies in the office of judges of election at any time in
14 the manner herein provided.
15     Such selections under this Section shall be confirmed by
16 the court as provided in Section 14-5.
17     For purposes of this Article, a leading political party
18 must be an established political party as defined in Article
19 10.
20 (Source: P.A. 94-1000, eff. 7-3-06.)
 
21     (10 ILCS 5/14-3.2)  (from Ch. 46, par. 14-3.2)
22     Sec. 14-3.2. In addition to the list provided for in
23 Section 14-3.1, the chairman of the county central committee of
24 each of the 2 leading political parties shall furnish to the
25 board of election commissioners a supplemental list, arranged

 

 

HB2416 - 14 - LRB096 08374 JAM 18486 b

1 according to precinct in which they are to serve, of persons
2 available as judges of election, the names and number of all
3 persons listed thereon to be acknowledged in writing to the
4 county chairman submitting such list by the board of election
5 commissioners. The board of election commissioners shall
6 select from this supplemental list persons qualified under
7 Section 14-1, to fill vacancies among the judges of election.
8 If the list provided for in Section 14-3.1 for any precinct is
9 exhausted, then selection shall be made from the supplemental
10 list furnished by the chairman of the county central committee
11 of the party. If such supplemental list is exhausted for any
12 precinct, then selection shall be made from any of the persons
13 on the supplemental list without regard to the precincts in
14 which they are listed to serve. No selection or appointment
15 from the supplemental list shall be made more than 21 days
16 prior to the date of precinct registration for those judges
17 needed as precinct registrars, and more than 45 days prior to
18 the date of an election for those additional persons needed as
19 election judges. In any case where selection cannot be made
20 from the supplemental list without violating Section 14-1,
21 selection shall be made from outside the supplemental list of
22 some person qualified under Section 14-1.
23 (Source: P.A. 93-574, eff. 8-21-03.)
 
24     (10 ILCS 5/14-4)  (from Ch. 46, par. 14-4)
25     Sec. 14-4. The leading political party represented by the

 

 

HB2416 - 15 - LRB096 08374 JAM 18486 b

1 greatest number a minority of all the commissioners in the
2 board shall be entitled to 2 of the judges in each precinct
3 with an even number, and 3 of the judges in each precinct with
4 an even odd number, and the other leading political parties
5 party shall be entitled to 3 judges in the odd even and 2
6 judges in the odd number precincts; and if only 3 judges of
7 election serve in each precinct, the leading political party
8 represented by the greatest number minority of all the
9 commissioners in the board shall be entitled to 2 one of the
10 judges of election in each precinct with an even number, and 2
11 of the judges of election in each precinct with an odd number,
12 and the other leading political parties party shall be entitled
13 to 2 judges of election in the even and one judge of election
14 in the odd number precincts; and it shall be the duty of such
15 commissioners to observe this division in all respects in
16 making such appointments; except that this Section does not
17 apply to appointments by county boards of election
18 commissioners under Section 14-3.1.
19 (Source: P.A. 91-357, eff. 7-29-99.)