HB5223 103RD GENERAL ASSEMBLY

LRB103 36266 SPS 66363 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5223

Introduced 2/9/2024, by Rep. Sharon Chung

SYNOPSIS AS INTRODUCED:

10 ILCS 5/6A-1	from Ch. 46, par. 6A-1
10 ILCS 5/6A-1.5 new
10 ILCS 5/6A-7	from Ch. 46, par. 6A-7

Amends the Election Code. Provides that any county in which there is a city, village, or incorporated town with a board of election commissioners may establish that municipal board of election commissioners as a county board of election commissioners if approved by a referendum of the electors of the county. Provides that any county with a population of less than 300,000 persons (rather than less than 200,000 but more than 175,000 persons) as of the 2020 (rather than 2010) federal decennial 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. Provides that a county board of election commissioners may not be dissolved unless the dissolution is approved by a referendum of the electors of the county.

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 and 6A-7 and by adding Section 6A-1.5 as follows:

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

Sec. 6A-1. County board of election commissioners.

(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 more than 700,000 persons as of the 2010 federal decennial census that borders another state and borders no more than 2 other Illinois counties, shall be subject to a county board of election commissioners beginning 90 days after the effective date of this amendatory Act of the 98th General Assembly.

(c) Any county with a population of less than 300,000 200,000 but more than 175,000 persons as of the 2020 2010 federal decennial 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. 98-115, eff. 7-29-13.)

(10 ILCS 5/6A-1.5 new)

Sec. 6A-1.5. Expansion of a municipal board of election commissioners. Any county in which there is a city, village, or incorporated town with a board of election commissioners may establish that municipal board of election commissioners as a county board of election commissioners. The municipal board of election commissioners may not be established as a county board of election commissioners until the question of establishing the county board of election commissioners has been submitted to the electors of the county in which the municipality is located at a regular election and approved by a majority of the electors voting on the question. The election authority shall submit the question in substantially the following form:

Shall the (name of municipality) board of election commissioners be established as the (name of county) board of election commissioners?

The election authority must record the votes as "Yes" or "No".

If a majority of the electors voting on the question vote in the affirmative, the municipal board of election commissioners shall be established as the board of election commissioners for the county in which the municipality is located.

(10 ILCS 5/6A-7) (from Ch. 46, par. 6A-7)

Sec. 6A-7. Dissolution.

(a) Except as provided in subsection (b), any county which has established a board of election commissioners may subsequently vote to dissolve such board in the same manner as provided in Article 6 for cities, villages, and incorporated towns, except that the question of dissolving the board of election commissioners shall be submitted to the electors of the county at a regular election and approved by a majority of the electors voting on the question. The question shall be in substantially the following form: the petition to the circuit court to submit to the vote of the electors of the county the proposition to dissolve the board of election commissioners shall be signed by at least 10% of the registered voters of the county.

Shall the (name of county) Board of Election Commissioners be dissolved?

The election authority must record the votes as "Yes" or "No".

If a majority of the electors voting on the question vote in the affirmative, the county may dissolve the board of election.

(b) A county board in a county that has established a county board of election commissioners in accordance with subsection (a) of Section 6A-1 of this Code may, by ordinance or resolution, dissolve the county board of election commissioners and transfer its functions to the county clerk.

(Source: P.A. 100-628, eff. 1-1-19; 101-81, eff. 7-12-19.)