Full Text of HB1901 102nd General Assembly
HB1901 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1901 Introduced 2/17/2021, by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/2A-21 | from Ch. 46, par. 2A-21 | 10 ILCS 5/7-10 | from Ch. 46, par. 7-10 | 10 ILCS 5/7-34 | from Ch. 46, par. 7-34 | 55 ILCS 5/3-9014 new | |
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Amends the State's Attorney Division of the Counties Code. Provides that, beginning on December 1, 2024, the Office of the State's Attorney of Cook County will include 5 elected Deputy State's Attorneys and one elected, at large, State's Attorney. Provides that each Deputy State's Attorney will represent a district, consisting of 3 Cook County judicial subcircuit districts, and have all powers and duties of the State's Attorney within that district, except that the State's Attorney will retain powers relating to: (i) the defense of Cook County; (ii) internal operations; (iii) performing the duties of a vacant office of a Deputy State's Attorney; and (iv) arbitration of disputes between Deputy State's Attorneys and approval of shared operations between the two or more jurisdictions. Contains other provisions about the election of Deputy State's Attorneys and vacancies in the office of a Deputy State's Attorney. Limits home rule powers. Amends the Election Code making conforming changes.
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| | FISCAL NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 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 2A-21, 7-10, and 7-34 as follows:
| 6 | | (10 ILCS 5/2A-21) (from Ch. 46, par. 2A-21)
| 7 | | Sec. 2A-21. State's Attorney and Deputy State's Attorney - | 8 | | Time of Election. | 9 | | (a) State's Attorneys
shall be elected at the general | 10 | | election in 1980 and at the general
election every 4 years | 11 | | thereafter.
| 12 | | (b) Deputy State's Attorneys in Cook County shall be | 13 | | elected at the general election in 2024 and at the general | 14 | | election every 4 years thereafter. | 15 | | (Source: P.A. 80-936.)
| 16 | | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| 17 | | Sec. 7-10. Form of petition for nomination. The name of no | 18 | | candidate for
nomination, or State central committeeperson, or | 19 | | township committeeperson, or
precinct committeeperson, or ward | 20 | | committeeperson or candidate for delegate or
alternate | 21 | | delegate to national nominating conventions, shall be printed
| 22 | | upon the primary ballot unless a petition for nomination has |
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| 1 | | been filed in
his behalf as provided in this Article in | 2 | | substantially the following form:
| 3 | | We, the undersigned, members of and affiliated with the | 4 | | .... party
and qualified primary electors of the .... party, | 5 | | in the .... of ....,
in the county of .... and State of | 6 | | Illinois, do hereby petition that
the following named person | 7 | | or persons shall be a candidate or candidates
of the .... party | 8 | | for the nomination for (or in case of committeepersons for
| 9 | | election to) the office or offices hereinafter specified, to | 10 | | be voted
for at the primary election to be held on (insert | 11 | | date).
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12 | | Name |
Office |
Address |
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13 | | John Jones |
Governor |
Belvidere, Ill. |
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14 | | Jane James | Lieutenant Governor | Peoria, Ill. |
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15 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
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16 | | Name.................. Address.......................
| 17 | | State of Illinois)
| 18 | | ) ss.
| 19 | | County of........)
| 20 | | I, ...., do hereby certify
that I reside at No. .... | 21 | | street, in the .... of ...., county of ....,
and State of | 22 | | ....., that I am 18 years of age or older, that
I am a citizen | 23 | | of the United States, and that the signatures on this sheet
| 24 | | were signed
in my presence, and are genuine, and that to the |
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| 1 | | best of my knowledge
and belief the persons so signing were at | 2 | | the time of signing the
petitions qualified voters of the .... | 3 | | party, and that their respective
residences are correctly | 4 | | stated, as above set forth.
| 5 | | .........................
| 6 | | Subscribed and sworn to before me on (insert date).
| 7 | | .........................
| 8 | | Each sheet of the petition other than the statement of | 9 | | candidacy and
candidate's statement shall be of uniform size | 10 | | and shall contain above
the space for signatures an | 11 | | appropriate heading giving the information
as to name of | 12 | | candidate or candidates, in whose behalf such petition is
| 13 | | signed; the office, the political party represented and place | 14 | | of
residence; and the heading of each sheet shall be the same.
| 15 | | Such petition shall be signed by qualified primary | 16 | | electors residing
in the political division for which the | 17 | | nomination is sought in their
own proper persons only and | 18 | | opposite the signature of each signer, his
residence address | 19 | | shall be written or printed. The residence address
required to | 20 | | be written or printed opposite each qualified primary | 21 | | elector's
name shall include the street address or rural route | 22 | | number of the signer,
as the case may be, as well as the | 23 | | signer's county, and city, village or
town, and state.
However | 24 | | the county or city, village or town, and state of residence of
| 25 | | the electors may be printed on the petition forms where all of |
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| 1 | | the
electors signing the petition reside in the same county or | 2 | | city, village
or town, and state. Standard abbreviations may | 3 | | be used in writing the
residence address, including street | 4 | | number, if any. At the bottom of
each sheet of such petition | 5 | | shall be added a circulator statement signed by
a person 18 | 6 | | years of age or older who is a citizen of the United States,
| 7 | | stating the street address or rural route number, as the case | 8 | | may be, as well
as the county, city, village or town, and | 9 | | state;
and certifying that the signatures on that sheet of the | 10 | | petition were signed in
his or her presence and certifying | 11 | | that the signatures are genuine; and
either (1) indicating the | 12 | | dates on which that sheet was circulated, or (2)
indicating | 13 | | the first and last dates on which the sheet was circulated, or | 14 | | (3)
certifying that none of the signatures on the sheet were | 15 | | signed more than 90
days preceding the last day for the filing | 16 | | of the petition and certifying that
to the best of his or her | 17 | | knowledge and belief the persons so signing were at
the time of | 18 | | signing the petitions qualified voters of the political party | 19 | | for
which a nomination is sought. Such statement shall be | 20 | | sworn to before some
officer authorized to administer oaths in | 21 | | this State.
| 22 | | No petition sheet shall be circulated more than 90 days | 23 | | preceding the
last day provided in Section 7-12 for the filing | 24 | | of such petition.
| 25 | | The person circulating the petition, or the candidate on | 26 | | whose behalf the
petition is circulated, may strike any |
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| 1 | | signature from the petition,
provided that:
| 2 | | (1) the person striking the signature shall initial | 3 | | the petition at
the place where the signature is struck; | 4 | | and
| 5 | | (2) the person striking the signature shall sign a | 6 | | certification
listing the page number and line number of | 7 | | each signature struck from
the petition. Such | 8 | | certification shall be filed as a part of the petition.
| 9 | | Such sheets before being filed shall be neatly fastened | 10 | | together in
book form, by placing the sheets in a pile and | 11 | | fastening them together
at one edge in a secure and suitable | 12 | | manner, and the sheets shall then
be numbered consecutively. | 13 | | The sheets shall not be fastened by pasting
them together end | 14 | | to end, so as to form a continuous strip or roll. All
petition | 15 | | sheets which are filed with the proper local election | 16 | | officials,
election authorities or the State Board of | 17 | | Elections shall be the original
sheets which have been signed | 18 | | by the voters and by the circulator thereof,
and not | 19 | | photocopies or duplicates of such sheets. Each petition must | 20 | | include
as a part thereof, a statement of candidacy for each of | 21 | | the candidates filing,
or in whose behalf the petition is | 22 | | filed. This statement shall set out the
address of such | 23 | | candidate, the office for which he is a candidate, shall state
| 24 | | that the candidate is a qualified primary voter of the party to | 25 | | which the
petition relates and is qualified for the office | 26 | | specified (in the case of a
candidate for State's Attorney or |
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| 1 | | Deputy State's Attorney, it shall state that the candidate is | 2 | | at the time
of filing such statement a licensed | 3 | | attorney-at-law of this State), shall state
that he has filed | 4 | | (or will file before the close of the petition filing period)
a | 5 | | statement of economic interests as required by the Illinois | 6 | | Governmental
Ethics Act, shall request that the candidate's | 7 | | name be placed upon the official
ballot, and shall be | 8 | | subscribed and sworn to by such candidate before some
officer | 9 | | authorized to take acknowledgment of deeds in the State and | 10 | | shall be in
substantially the following form:
| 11 | | Statement of Candidacy
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12 | | Name |
Address |
Office |
District |
Party |
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13 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
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14 | | |
Belvidere, |
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15 | | |
Illinois |
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16 | | State of Illinois)
| 17 | | ) ss.
| 18 | | County of .......)
| 19 | | I, ...., being first duly sworn, say that I reside at .... | 20 | | Street in the city
(or village) of ...., in the county of ...., | 21 | | State of Illinois; that I
am a qualified voter therein and am a | 22 | | qualified primary voter of the ....
party; that I am a | 23 | | candidate for nomination (for election in the case of | 24 | | committeeperson
and delegates and alternate delegates) to the | 25 | | office of ....
to be voted upon at the primary election to be |
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| 1 | | held on (insert date); that I am
legally qualified (including
| 2 | | being the holder of any license that may be an eligibility | 3 | | requirement
for the office I seek the nomination for) to hold | 4 | | such office and that I
have filed (or I will file before the | 5 | | close of the petition filing period)
a statement of economic | 6 | | interests as required by the Illinois
Governmental Ethics Act | 7 | | and I hereby request that my name be printed
upon the official | 8 | | primary ballot for nomination for (or election to in
the case | 9 | | of committeepersons and delegates and alternate delegates) | 10 | | such
office.
| 11 | | Signed ......................
| 12 | | Subscribed and sworn to (or affirmed) before me by ...., | 13 | | who is to me
personally known, on (insert date).
| 14 | | Signed ....................
| 15 | | (Official Character)
| 16 | | (Seal, if officer has one.)
| 17 | | The petitions, when filed, shall not be withdrawn or added | 18 | | to, and no
signatures shall be revoked except by revocation | 19 | | filed in writing with
the State Board of Elections, election | 20 | | authority or local election
official with whom the petition is | 21 | | required to be filed, and before the
filing of such petition. | 22 | | Whoever forges the name of a signer upon any
petition required | 23 | | by this Article is deemed guilty of a forgery and on
conviction | 24 | | thereof shall be punished accordingly.
| 25 | | A candidate for the offices listed in this Section must |
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| 1 | | obtain the number
of signatures specified in this Section on | 2 | | his or her petition for nomination.
| 3 | | (a) Statewide office or delegate to a national nominating | 4 | | convention. If a
candidate seeks to run for statewide office | 5 | | or as a delegate or alternate
delegate to a national | 6 | | nominating convention elected from the State at-large,
then | 7 | | the candidate's petition for nomination must contain at least | 8 | | 5,000 but
not more than 10,000 signatures.
| 9 | | (b) Congressional office or congressional delegate to a | 10 | | national nominating
convention. If a candidate seeks to run | 11 | | for United States Congress or as a
congressional delegate or | 12 | | alternate congressional delegate to a national
nominating | 13 | | convention elected from a congressional district, then the
| 14 | | candidate's petition for nomination must contain at least the | 15 | | number of
signatures equal to 0.5% of the qualified primary | 16 | | electors of his or her party
in his or her congressional | 17 | | district. In the first primary election following a
| 18 | | redistricting of congressional districts, a candidate's | 19 | | petition for nomination
must contain at least 600 signatures | 20 | | of qualified primary electors of the
candidate's political | 21 | | party in his or her congressional district.
| 22 | | (c) County office. If a candidate seeks to run for any | 23 | | countywide office,
including but not limited to county board | 24 | | chairperson or county board
member, elected on an at-large | 25 | | basis, in a county other than Cook County,
then the | 26 | | candidate's petition for nomination must contain at least the |
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| 1 | | number
of signatures equal to 0.5% of the qualified electors | 2 | | of his or her party who
cast votes at the last preceding | 3 | | general election in his or her county. If a
candidate
seeks to | 4 | | run for county board member elected from a county board | 5 | | district, then
the candidate's petition for nomination must | 6 | | contain at least the number of
signatures equal to 0.5% of the | 7 | | qualified primary electors of his or her party
in the
county | 8 | | board district. In the first primary election following a | 9 | | redistricting
of county board districts or the initial | 10 | | establishment of county board
districts, a candidate's | 11 | | petition for nomination must contain at least the
number of | 12 | | signatures equal to 0.5% of the qualified electors of his or | 13 | | her
party
in the entire county who cast votes at the last | 14 | | preceding general election
divided by the
total number of | 15 | | county board districts comprising the county board; provided
| 16 | | that
in no event shall the number of signatures be less than | 17 | | 25.
| 18 | | (d) County office; Cook County only.
| 19 | | (1) If a candidate seeks to run for countywide office | 20 | | in Cook County,
then the candidate's petition for | 21 | | nomination must contain at least the number
of signatures | 22 | | equal to 0.5% of the qualified electors of his or her party | 23 | | who
cast votes at the last preceding general election in | 24 | | Cook County.
| 25 | | (2) If a candidate seeks to run for Cook County Board | 26 | | Commissioner,
then the candidate's petition for nomination |
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| 1 | | must contain at least the number
of signatures equal to | 2 | | 0.5% of
the qualified primary electors of his or her party | 3 | | in his or her county board
district. In the first primary | 4 | | election following a redistricting of Cook
County Board of | 5 | | Commissioners districts, a candidate's petition for
| 6 | | nomination must contain at least the number of signatures | 7 | | equal to 0.5% of
the qualified electors of his or her party | 8 | | in the entire county who cast votes
at the last
preceding | 9 | | general election divided by the total number of county | 10 | | board
districts comprising the county board; provided that | 11 | | in no event shall the
number of signatures be less than 25.
| 12 | | (3) If a candidate seeks to run for Cook County Board | 13 | | of Review
Commissioner, which is elected from a district | 14 | | pursuant to subsection (c)
of Section 5-5 of the Property | 15 | | Tax Code, then the candidate's petition for
nomination | 16 | | must contain at least the number of signatures equal to | 17 | | 0.5% of
the total number of registered voters in his or her | 18 | | board of
review district in the last general election at | 19 | | which a commissioner was
regularly scheduled to be elected | 20 | | from that board of review district. In no
event shall the | 21 | | number of signatures required be greater than the | 22 | | requisite
number for a candidate who seeks countywide | 23 | | office in Cook County
under subsection (d)(1) of this | 24 | | Section. In the first primary election
following a | 25 | | redistricting of Cook County Board of Review districts, a
| 26 | | candidate's petition for nomination must contain at least |
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| 1 | | 4,000 signatures
or at least the number of signatures | 2 | | required for a countywide candidate in
Cook County, | 3 | | whichever is less,
of the qualified electors of his or her | 4 | | party in the district.
| 5 | | (e) Municipal or township office. If a candidate seeks to | 6 | | run for municipal
or township office, then the candidate's | 7 | | petition for nomination must contain
at least the number of | 8 | | signatures equal to 0.5% of the qualified primary
electors of | 9 | | his or her party in the municipality or township. If a | 10 | | candidate
seeks to run for alderman of a municipality, then | 11 | | the candidate's petition for
nomination must contain at least | 12 | | the number of signatures equal to 0.5% of the
qualified | 13 | | primary electors of his or her party of the ward. In the first
| 14 | | primary election following redistricting of aldermanic wards | 15 | | or trustee
districts of a municipality or the initial | 16 | | establishment of wards or districts,
a candidate's petition | 17 | | for nomination must contain the number of signatures
equal to | 18 | | at least 0.5% of the total number of votes cast for the | 19 | | candidate of
that political party who received the highest | 20 | | number of votes in the entire
municipality at the last regular | 21 | | election at which an officer was regularly
scheduled to be | 22 | | elected from
the entire municipality, divided by the number of | 23 | | wards or districts. In no
event shall the number of signatures | 24 | | be less than 25.
| 25 | | (f) State central committeeperson. If a candidate seeks to | 26 | | run for State
central committeeperson, then the candidate's |
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| 1 | | petition for nomination must
contain at least 100 signatures | 2 | | of the primary electors of his or her party of
his or
her | 3 | | congressional district.
| 4 | | (g) Sanitary district trustee. If a candidate seeks to run | 5 | | for trustee of a
sanitary district in which trustees are not | 6 | | elected from wards, then the
candidate's petition for | 7 | | nomination must contain at least the number of
signatures | 8 | | equal to 0.5% of the primary electors of his or her party from | 9 | | the
sanitary district. If a candidate seeks to run for trustee
| 10 | | of a sanitary district in which trustees are elected from | 11 | | wards, then the
candidate's petition for
nomination must | 12 | | contain at least the number of signatures equal to 0.5% of the
| 13 | | primary electors of his or her party in the ward of that | 14 | | sanitary district. In
the
first primary election following | 15 | | redistricting of sanitary districts elected
from wards, a | 16 | | candidate's petition for nomination must contain at least the
| 17 | | signatures of 150 qualified primary electors of his or her | 18 | | ward of that
sanitary district.
| 19 | | (h) Judicial office. If a candidate seeks to run for | 20 | | judicial office in a district, then the candidate's petition | 21 | | for nomination must contain the number of signatures equal to | 22 | | 0.4% of the number of votes cast in that district for the | 23 | | candidate for his or her political party for the office of | 24 | | Governor at the last general election at which a Governor was | 25 | | elected, but in no event less than 500 signatures. If a | 26 | | candidate seeks to run for judicial office in a
circuit or |
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| 1 | | subcircuit, then the candidate's petition for nomination
must | 2 | | contain the number of signatures equal to 0.25% of the number | 3 | | of votes
cast for the judicial candidate of his or her | 4 | | political party who received the
highest number of votes
at | 5 | | the last general election at which a judicial
officer from the | 6 | | same circuit or subcircuit was regularly scheduled
to be | 7 | | elected, but in no event less than 1,000 signatures in | 8 | | circuits and subcircuits located in the First Judicial | 9 | | District or 500 signatures in every other Judicial District.
| 10 | | (i) Precinct, ward, and township committeeperson. If a | 11 | | candidate seeks to
run for precinct committeeperson, then the | 12 | | candidate's petition for nomination
must contain at least 10 | 13 | | signatures of the primary electors of his or her
party for the | 14 | | precinct. If a candidate seeks to run for ward | 15 | | committeeperson,
then the candidate's petition for nomination | 16 | | must contain no less than the
number of signatures equal to 10% | 17 | | of the primary electors of his or her party
of the ward, but no | 18 | | more than 16% of those same electors; provided that the
| 19 | | maximum number of signatures may be 50 more than the minimum | 20 | | number, whichever
is greater. If a candidate seeks to run for | 21 | | township committeeperson, then the
candidate's petition for | 22 | | nomination must contain no less than the number of
signatures | 23 | | equal to 5% of the primary electors of his or her party of the
| 24 | | township, but no more than 8% of those same electors;
provided | 25 | | that the maximum number of signatures may be 50 more than the
| 26 | | minimum number, whichever is greater.
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| 1 | | (j) State's attorney or regional superintendent of schools | 2 | | for multiple
counties. If
a candidate seeks to run for State's | 3 | | attorney or regional Superintendent of
Schools who serves more | 4 | | than one county, then the candidate's petition for
nomination | 5 | | must contain at least the number of signatures equal to 0.5% of | 6 | | the
primary electors of his or her party in the territory | 7 | | comprising the counties.
| 8 | | (k) Any other office. If a candidate seeks any other | 9 | | office, then the
candidate's petition for nomination must | 10 | | contain at least the number of
signatures equal to 0.5% of the | 11 | | registered voters of the political subdivision,
district, or | 12 | | division for which the nomination is made or 25 signatures,
| 13 | | whichever is greater.
| 14 | | For purposes of this Section the number of primary | 15 | | electors shall be
determined by taking the total vote cast, in | 16 | | the applicable district, for the
candidate for that political | 17 | | party who received the highest number of votes,
statewide, at | 18 | | the last general election in the State at which electors for
| 19 | | President of the United States were elected. For political | 20 | | subdivisions, the
number of primary electors shall be | 21 | | determined by taking the total vote
cast for the candidate for | 22 | | that political party who received the highest number
of votes | 23 | | in the political subdivision at the last regular election at | 24 | | which an
officer was regularly scheduled to be elected from | 25 | | that subdivision. For wards
or districts of political | 26 | | subdivisions, the number of primary electors shall be
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| 1 | | determined by taking the total vote cast for the candidate for | 2 | | that political
party who received the highest number of votes | 3 | | in the ward or district at the
last regular election at which | 4 | | an officer was regularly scheduled to be elected
from that | 5 | | ward or district.
| 6 | | A "qualified primary elector" of a party may not
sign | 7 | | petitions for or be a candidate in the primary of more than
one | 8 | | party.
| 9 | | The changes made to this Section of this amendatory Act of | 10 | | the 93rd General
Assembly are declarative of existing law, | 11 | | except for item (3) of subsection
(d).
| 12 | | Petitions of candidates for nomination for offices herein | 13 | | specified,
to be filed with the same officer, may contain the | 14 | | names of 2 or more
candidates of the same political party for | 15 | | the same or different
offices. In the case of the offices of | 16 | | Governor and Lieutenant Governor, a joint petition including | 17 | | one candidate for each of those offices must be filed.
| 18 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 19 | | (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
| 20 | | Sec. 7-34. Pollwatchers in a primary election shall be | 21 | | authorized in
the following manner:
| 22 | | (1) Each established political party shall be entitled | 23 | | to appoint
one pollwatcher per precinct. Such pollwatchers | 24 | | must be affiliated with
the political party for which they | 25 | | are pollwatching and must be a registered
voter in |
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| 1 | | Illinois.
| 2 | | (2) Each candidate shall be entitled to appoint two | 3 | | pollwatchers per
precinct. For Federal, State, county, | 4 | | township, and municipal primary elections, the
| 5 | | pollwatchers must be registered to vote in Illinois.
| 6 | | (3) Each organization of citizens within the county or | 7 | | political
subdivision, which has among its purposes or | 8 | | interests the investigation
or prosecution of election | 9 | | frauds, and which shall have registered its
name and | 10 | | address and the names and addresses of its principal | 11 | | officers
with the proper election authority at least 40 | 12 | | days before the primary
election, shall be entitled to | 13 | | appoint one pollwatcher per precinct.
For all primary | 14 | | elections, the pollwatcher must be registered to vote in
| 15 | | Illinois.
| 16 | | (3.5) Each State nonpartisan civic organization within | 17 | | the county or political subdivision shall be entitled to | 18 | | appoint one pollwatcher per precinct, provided that no | 19 | | more than 2 pollwatchers appointed by State nonpartisan | 20 | | civic organizations shall be present in a precinct polling | 21 | | place at the same time. Each organization shall have | 22 | | registered the names and addresses of its principal | 23 | | officers with the proper election authority at least 40 | 24 | | days before the primary election. The pollwatchers must be | 25 | | registered to vote in Illinois. For the purpose of this | 26 | | paragraph, a "State nonpartisan civic organization" means |
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| 1 | | any corporation, unincorporated association, or | 2 | | organization that: | 3 | | (i) as part of its written articles of | 4 | | incorporation, bylaws, or charter or by separate | 5 | | written declaration, has among its stated purposes the | 6 | | provision of voter information and education, the | 7 | | protection of individual voters' rights, and the | 8 | | promotion of free and equal elections; | 9 | | (ii) is organized or primarily conducts its | 10 | | activities within the State of Illinois; and | 11 | | (iii) continuously maintains an office or business | 12 | | location within the State of Illinois, together with a | 13 | | current listed telephone number (a post office box | 14 | | number without a current listed telephone number is | 15 | | not sufficient).
| 16 | | (4) Each organized group of proponents or opponents of | 17 | | a ballot
proposition, which shall have registered the name | 18 | | and address of its
organization or committee and the name | 19 | | and address of its chair with
the proper election | 20 | | authority at least 40 days before the primary
election, | 21 | | shall be entitled to appoint one pollwatcher per precinct. | 22 | | The
pollwatcher must be registered to vote in Illinois.
| 23 | | (5) In any primary election held to nominate | 24 | | candidates for the offices
of a municipality of less than | 25 | | 3,000,000 population that is situated in
2 or more | 26 | | counties, a pollwatcher who is a resident of a county in |
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| 1 | | which
any part of the municipality is
situated shall be | 2 | | eligible to serve as a pollwatcher in any polling place
| 3 | | located within such municipality, provided that such | 4 | | pollwatcher otherwise
complies with the respective | 5 | | requirements of subsections (1) through (4)
of this | 6 | | Section and is a registered voter whose residence is | 7 | | within
Illinois.
| 8 | | All pollwatchers shall be required to have proper | 9 | | credentials. Such
credentials shall be printed in sufficient | 10 | | quantities, shall be issued
by and under the facsimile | 11 | | signature(s) of the election authority and
shall be available | 12 | | for distribution at least 2 weeks prior to the
election. Such | 13 | | credentials shall be authorized by the real or facsimile
| 14 | | signature of the State or local party official or the | 15 | | candidate or the
presiding officer of the civic organization | 16 | | or the chair of the
proponent or opponent group, as the case | 17 | | may be.
| 18 | | Pollwatcher credentials shall be in substantially the | 19 | | following form:
| 20 | | POLLWATCHER CREDENTIALS
| 21 | | TO THE JUDGES OF ELECTION:
| 22 | | In accordance with the provisions of the Election Code,
| 23 | | the undersigned hereby appoints ........... (name of | 24 | | pollwatcher)
at .......... (address) in the county of | 25 | | ...........,
.......... (township or municipality) of |
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| 1 | | ........... (name), State of Illinois
and who is duly | 2 | | registered to vote from this address,
to act as a pollwatcher | 3 | | in the ........... precinct of the
.......... ward (if | 4 | | applicable) of the ...........
(township or municipality) of | 5 | | ........... at the
........... election to be held on (insert | 6 | | date).
| 7 | | ........................ (Signature of Appointing Authority)
| 8 | | ........................ TITLE (party official, candidate,
| 9 | | civic organization president,
| 10 | | proponent or opponent group chair)
| 11 | | Under penalties provided by law pursuant to Section 29-10 | 12 | | of the
Election Code, the undersigned pollwatcher certifies | 13 | | that he or she resides
at .............. (address) in the | 14 | | county of ........., ......... (township
or municipality) of | 15 | | .......... (name), State of Illinois, and is duly
registered | 16 | | to vote in Illinois.
| 17 | | ........................... ..........................
| 18 | | (Precinct and/or Ward in (Signature of Pollwatcher)
| 19 | | Which Pollwatcher Resides)
| 20 | | Pollwatchers must present their credentials to the Judges | 21 | | of Election
upon entering the polling place. Pollwatcher | 22 | | credentials properly
executed and signed shall be proof of the | 23 | | qualifications of the
pollwatcher authorized thereby. Such | 24 | | credentials are retained by the
Judges and returned to the | 25 | | Election Authority at the end of the day of election
with the |
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| 1 | | other election materials. Once a pollwatcher has surrendered a
| 2 | | valid credential, he may leave and reenter the polling place | 3 | | provided
that such continuing action does not disrupt the | 4 | | conduct of the election.
Pollwatchers may be substituted | 5 | | during the course of the day, but established
political | 6 | | parties, candidates, qualified civic organizations and | 7 | | proponents
and opponents of a ballot proposition can have only | 8 | | as many pollwatchers
at any given time as are authorized in | 9 | | this Article. A substitute must
present his signed credential | 10 | | to the judges of election upon entering the
polling place. | 11 | | Election authorities must provide a sufficient number of
| 12 | | credentials to allow for substitution of pollwatchers.
After | 13 | | the polls have closed, pollwatchers shall be allowed to
remain | 14 | | until the canvass of votes is completed; but may leave and
| 15 | | reenter only in cases of necessity, provided that such action | 16 | | is not so
continuous as to disrupt the canvass of votes.
| 17 | | Candidates seeking office in a district or municipality | 18 | | encompassing 2
or more counties shall be admitted to any and | 19 | | all polling places throughout
such district or municipality | 20 | | without regard to the counties in which such
candidates are | 21 | | registered to vote. Actions of such candidates shall be
| 22 | | governed in each polling place by the same privileges and | 23 | | limitations that
apply to pollwatchers as provided in this | 24 | | Section. Any such candidate who
engages in an activity in a | 25 | | polling place which could reasonably be
construed by a | 26 | | majority of the judges of election as campaign activity
shall |
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| 1 | | be removed forthwith from such polling place.
| 2 | | Candidates seeking office in a district or municipality | 3 | | encompassing 2 or
more counties who desire to be admitted to | 4 | | polling places on election day
in such district or | 5 | | municipality shall be required to have proper
credentials. | 6 | | Such credentials shall be printed in sufficient quantities,
| 7 | | shall be issued by and under the facsimile signature of the
| 8 | | election authority of the election jurisdiction where the | 9 | | polling place in
which the candidate seeks admittance is | 10 | | located, and shall be available for
distribution at least 2 | 11 | | weeks prior to the election. Such credentials shall
be signed | 12 | | by the candidate.
| 13 | | Candidate credentials shall be in substantially the | 14 | | following form:
| 15 | | CANDIDATE CREDENTIALS
| 16 | | TO THE JUDGES OF ELECTION:
| 17 | | In accordance with the provisions of the Election Code, I | 18 | | ...... (name of
candidate) hereby certify that I am a | 19 | | candidate for ....... (name of
office) and seek admittance to | 20 | | ....... precinct of the ....... ward (if
applicable) of the | 21 | | ....... (township or municipality) of ....... at the
....... | 22 | | election to be held on (insert date).
| 23 | | ......................... .......................
| 24 | | (Signature of Candidate) OFFICE FOR WHICH
| 25 | | CANDIDATE SEEKS
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| 1 | | NOMINATION OR
| 2 | | ELECTION
| 3 | | Pollwatchers shall be permitted to observe all proceedings | 4 | | and view all reasonably requested records relating
to the | 5 | | conduct of the election, provided the secrecy of the ballot is | 6 | | not impinged, and to station themselves in a position
in the | 7 | | voting room as will enable them to observe the judges making | 8 | | the
signature comparison between the voter application and the | 9 | | voter
registration record card; provided, however, that such | 10 | | pollwatchers
shall not be permitted to station themselves in | 11 | | such close proximity to
the judges of election so as to | 12 | | interfere with the orderly conduct of
the election and shall | 13 | | not, in any event, be permitted to handle
election materials. | 14 | | Pollwatchers may challenge for cause the voting
qualifications | 15 | | of a person offering to vote and may call to the
attention of | 16 | | the judges of election any incorrect procedure or apparent
| 17 | | violations of this Code.
| 18 | | If a majority of the judges of election determine that the | 19 | | polling
place has become too overcrowded with pollwatchers so | 20 | | as to interfere
with the orderly conduct of the election, the | 21 | | judges shall, by lot,
limit such pollwatchers to a reasonable | 22 | | number, except that each
candidate and each established or new | 23 | | political party shall be permitted
to have at least one | 24 | | pollwatcher present.
| 25 | | Representatives of an election authority, with regard to |
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| 1 | | an election
under its jurisdiction, the State Board of | 2 | | Elections, and law
enforcement agencies, including but not | 3 | | limited to a United States
Attorney, a State's attorney, a | 4 | | Deputy State's Attorney, the Attorney General, and a State, | 5 | | county,
or local police department, in the performance of | 6 | | their official
election duties, shall be permitted at all | 7 | | times to enter and remain in
the polling place. Upon entering | 8 | | the polling place, such
representatives shall display their | 9 | | official credentials or other
identification to the judges of | 10 | | election.
| 11 | | Uniformed police officers assigned to polling place duty | 12 | | shall follow
all lawful instructions of the judges of | 13 | | election.
| 14 | | The provisions of this Section shall also apply to | 15 | | supervised casting of vote by mail
ballots as provided in | 16 | | Section 19-12.2 of this Act.
| 17 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 18 | | Section 10. The Counties Code is amended by adding Section | 19 | | 3-9014 as follows: | 20 | | (55 ILCS 5/3-9014 new) | 21 | | Sec. 3-9014. Cook County Office of State's Attorney. | 22 | | (a) Beginning on December 1, 2024, the Office of the | 23 | | State's Attorney of Cook County will include 5 elected Deputy | 24 | | State's Attorneys and one elected, at large, State's Attorney. |
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| 1 | | Beginning with the general election held in 2024 and at each | 2 | | succeeding general election, the Deputy State's Attorneys | 3 | | shall be elected from 5 districts as follows: | 4 | | (1) District 1: Cook County judicial subcircuit | 5 | | districts 9, 12, and 13. | 6 | | (2) District 2: Cook County judicial subcircuit | 7 | | districts 4, 10, and 11. | 8 | | (3) District 3: Cook County judicial subcircuit | 9 | | districts 6, 7, and 8. | 10 | | (4) District 4: Cook County judicial subcircuit | 11 | | districts 3, 5, and 14. | 12 | | (5) District 5: Cook County judicial subcircuit | 13 | | districts 1, 2, and 15. | 14 | | Each Deputy State's Attorney must be a resident of the | 15 | | district to which he or she is elected for at least one year | 16 | | prior to the commencement of the term of office. Nomination of | 17 | | candidates for each Deputy State's Attorney at the initial and | 18 | | each succeeding election shall be made by petition signed in | 19 | | the aggregate for each candidate by not less than 1,000 | 20 | | qualified voters of the district. | 21 | | (b) On and after December 1, 2024, each Deputy State's | 22 | | Attorney elected under this Section has the powers and duties | 23 | | enumerated for a State's Attorney under the law except those | 24 | | powers of the Cook County State's Attorney listed under | 25 | | subsection (c). | 26 | | (c) On and after December 1, 2024, the Cook County State's |
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| 1 | | Attorney powers and duties are limited to: (i) those duties | 2 | | under item (4) of subsection (a) of section 3-9005; (ii) those | 3 | | duties under subsection (a) of Section 3-9006, including the | 4 | | internal operations of the office of each Deputy State's | 5 | | Attorney; (iii) performing the duties of a vacant office of a | 6 | | Deputy State's Attorney until the vacancy is filled; and (iv) | 7 | | to arbitrate any disputes between Deputy State's Attorneys | 8 | | concerning powers, jurisdiction, operations, and negotiate and | 9 | | approve any shared operations between two or more offices of | 10 | | Deputy State's Attorneys. | 11 | | (d) Vacancies within the office of a Deputy State's | 12 | | Attorney shall be filled in the same manner provided to fill | 13 | | vacancies of the office of the State's Attorney under this | 14 | | Division. | 15 | | (e) Cook County may not organize or operate the Cook | 16 | | County Office of the State's Attorney in a manner inconsistent | 17 | | with this Section. This Section is a limitation under | 18 | | subsection (i) of Section 6 of Article VII of the Illinois | 19 | | Constitution on the concurrent exercise by home rule units of | 20 | | powers and functions exercised by the State.
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