Full Text of HB3033 103rd General Assembly
HB3033 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3033 Introduced 2/16/2023, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/13-1 | from Ch. 46, par. 13-1 | 10 ILCS 5/13-2 | from Ch. 46, par. 13-2 | 10 ILCS 5/14-1 | from Ch. 46, par. 14-1 |
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Amends the Election Code. Provides that, except for in a county with a population of at least 3,000,000 or where election judges are selected by election commissioners, an election authority may reduce the number of judges of election in each precinct from 5 to 3 for any election. Provides that, in certain cities, villages, and incorporated towns with a board of election commissioners, the board shall select and choose no less than 3 (rather than choose 5) persons as judges of election for each precinct. Effective immediately.
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| | A BILL FOR |
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| 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, 13-2, and 14-1 as follows:
| 6 | | (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
| 7 | | Sec. 13-1. In counties not under township organization, | 8 | | the county
board of commissioners shall at its meeting in July
| 9 | | in each
even-numbered year appoint in each election precinct 5 | 10 | | capable and
discreet persons meeting the qualifications of | 11 | | Section 13-4 to
be judges of election. Where neither voting | 12 | | machines nor electronic,
mechanical or electric voting systems | 13 | | are used, the county board may,
for any precinct with respect | 14 | | to which the board considers such action
necessary or | 15 | | desirable in view of the number of voters, and shall for
| 16 | | general elections for any precinct containing more than 600 | 17 | | registered
voters, appoint in addition to the 5 judges of | 18 | | election a team of 5
tally judges. In such precincts the judges | 19 | | of election shall preside
over the election during the hours | 20 | | the polls are open, and the tally
judges, with the assistance | 21 | | of the holdover judges designated pursuant
to Section 13-6.2, | 22 | | shall count the vote after the closing of the polls.
However, | 23 | | the County Board of Commissioners may appoint 3 judges of |
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| 1 | | election
to serve in lieu of the 5 judges of election otherwise | 2 | | required by this
Section (1) to serve in any emergency | 3 | | referendum, or in any odd-year regular
election or in any | 4 | | special primary or special election called
for the purpose of | 5 | | filling a vacancy in the office of representative in
the | 6 | | United States Congress or to nominate candidates for such | 7 | | purpose or (2) if the county board passes an ordinance to | 8 | | reduce the number of judges of election to 3 for primary | 9 | | elections. In addition, an election authority may reduce the | 10 | | number of judges of election in each precinct from 5 to 3 for | 11 | | any election.
The tally judges shall possess the same | 12 | | qualifications and shall be
appointed in the same manner and | 13 | | with the same division between
political parties as is | 14 | | provided for judges of election.
| 15 | | In addition to such precinct judges, the county board of
| 16 | | commissioners shall appoint special panels of 3 judges each, | 17 | | who shall
possess the same qualifications and shall be | 18 | | appointed in the same
manner and with the same division | 19 | | between political parties as is
provided for other judges of | 20 | | election. The number of such panels of
judges required shall | 21 | | be determined by regulations of the State Board of
Elections | 22 | | which shall base the required numbers of special panels on the
| 23 | | number of registered voters in the jurisdiction or the number | 24 | | of vote by mail
ballots voted at recent elections, or any | 25 | | combination of such factors.
| 26 | | Such appointment shall be confirmed by the court as |
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| 1 | | provided in
Section 13-3 of this Article. No more than 3 | 2 | | persons of the same
political party shall be appointed judges | 3 | | of the same election precinct
or election judge panel. The | 4 | | appointment shall be made in the following
manner: The county | 5 | | board of commissioners shall select and approve 3
persons as | 6 | | judges of election in each election precinct from a certified
| 7 | | list, furnished by the chair of the County Central Committee | 8 | | of the
first leading political party in such precinct; and the | 9 | | county board of
commissioners shall also select and approve 2 | 10 | | persons as judges of
election in each election precinct from a | 11 | | certified list, furnished by
the chair of the County Central | 12 | | Committee of the second leading
political party. However, if | 13 | | only 3 judges of election serve in each
election precinct, no | 14 | | more than 2 persons of the same political party shall
be judges | 15 | | of election in the same election precinct; and which political
| 16 | | party is entitled to 2 judges of election and which political | 17 | | party is
entitled to one judge of election shall be determined | 18 | | in the same manner as
set forth in the next two preceding | 19 | | sentences with regard to 5 election
judges in each precinct. | 20 | | Such certified list shall be filed with the county
clerk not | 21 | | less than 10 days before the annual meeting of the county
board | 22 | | of commissioners. Such list shall be arranged according to
| 23 | | precincts. The chair of each county central committee shall, | 24 | | insofar
as possible, list persons who reside within the | 25 | | precinct in which they
are to serve as judges. However, he may, | 26 | | in his sole discretion, submit
the names of persons who reside |
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| 1 | | outside the precinct but within the
county embracing the | 2 | | precinct in which they are to serve. He must,
however, submit | 3 | | the names of at least 2 residents of the precinct for
each | 4 | | precinct in which his party is to have 3 judges and must submit | 5 | | the
name of at least one resident of the precinct for each | 6 | | precinct in which
his party is to have 2 judges. The county | 7 | | board of commissioners shall
acknowledge in writing to each | 8 | | county chair the names of all persons
submitted on such | 9 | | certified list and the total number of persons listed
thereon. | 10 | | If no such list is filed or such list is incomplete (that is,
| 11 | | no names or an insufficient number of names are furnished for | 12 | | certain
election precincts), the county board of commissioners | 13 | | shall make or
complete such list from the names contained in | 14 | | the supplemental list
provided for in Section 13-1.1. The | 15 | | election judges shall hold their
office for 2 years from their | 16 | | appointment, and until their successors
are duly appointed in | 17 | | the manner provided in this Act. The county board
of | 18 | | commissioners shall fill all vacancies in the office of judge | 19 | | of
election at any time in the manner provided in this Act.
| 20 | | (Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19 .)
| 21 | | (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
| 22 | | Sec. 13-2. In counties under the township organization the | 23 | | county
board shall at its meeting in July in each | 24 | | even-numbered year
except in counties containing a population | 25 | | of 3,000,000 inhabitants or
over and except when such judges |
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| 1 | | are appointed by election
commissioners, select in each | 2 | | election precinct in the county, 5 capable
and discreet | 3 | | persons to be judges of election who shall
possess the
| 4 | | qualifications required by this Act for such judges. Where | 5 | | neither
voting machines nor electronic, mechanical or electric | 6 | | voting systems
are used, the county board may, for any | 7 | | precinct with respect to which
the board considers such action | 8 | | necessary or desirable in view of the
number of voters, and | 9 | | shall for general elections for any precinct
containing more | 10 | | than 600 registered voters, appoint in addition to the 5
| 11 | | judges of election a team of 5 tally judges. In such precincts | 12 | | the
judges of election shall preside over the election during | 13 | | the hours the
polls are open, and the tally judges, with the | 14 | | assistance of the
holdover judges designated pursuant to | 15 | | Section 13-6.2, shall count the
vote after the closing of the | 16 | | polls. The tally judges shall possess the
same qualifications | 17 | | and shall be appointed in the same manner and with
the same | 18 | | division between political parties as is provided for judges | 19 | | of
election.
| 20 | | However, the county board may appoint 3 judges of election | 21 | | to serve in
lieu of the 5 judges of election otherwise required | 22 | | by this Section (1) to serve
in any emergency referendum, or in | 23 | | any odd-year regular election
or in any special primary or | 24 | | special election called for the purpose of
filling a vacancy | 25 | | in the office of representative in the United States Congress
| 26 | | or to nominate candidates for such purpose or (2) if the county |
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| 1 | | board passes an ordinance to reduce the number of judges of | 2 | | election to 3 for primary elections. In addition, an election | 3 | | authority may reduce the number of judges of election in each | 4 | | precinct from 5 to 3 for any election.
| 5 | | In addition to such precinct judges, the county board | 6 | | shall appoint
special panels of 3 judges each, who shall | 7 | | possess the same
qualifications and shall be appointed in the | 8 | | same manner and with the
same division between political | 9 | | parties as is provided for other judges
of election. The | 10 | | number of such panels of judges required shall be
determined | 11 | | by regulations of the State Board of Elections, which shall
| 12 | | base the required number of special panels on the number of | 13 | | registered
voters in the jurisdiction or the number of | 14 | | absentee ballots voted at
recent elections or any combination | 15 | | of such factors.
| 16 | | No more than 3 persons of the same political party shall be | 17 | | appointed
judges in the same election district or undivided | 18 | | precinct. The election
of the judges of election in the | 19 | | various election precincts shall be
made in the following | 20 | | manner: The county board shall
select and approve 3 of the | 21 | | election judges in each precinct from a
certified list | 22 | | furnished by the chair of the County Central Committee
of the | 23 | | first leading political party in such election precinct and | 24 | | shall also
select and approve 2 judges of election in each | 25 | | election precinct from a
certified list furnished by the chair | 26 | | of the County Central Committee
of the second leading |
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| 1 | | political party in such election precinct. However,
if only 3 | 2 | | judges of election serve in each election precinct, no more | 3 | | than 2
persons of the same political party shall be judges of | 4 | | election in the same
election precinct; and which political | 5 | | party is entitled to 2 judges of
election and which political | 6 | | party is entitled to one judge of election shall
be determined | 7 | | in the same manner as set forth in the next two preceding
| 8 | | sentences with regard to 5 election judges in each precinct. | 9 | | The respective
County Central Committee chair shall notify the | 10 | | county board by June 1 of
each odd-numbered year immediately | 11 | | preceding the annual meeting of the county
board whether or | 12 | | not such certified list will be filed by such chair. Such
list | 13 | | shall be arranged according to precincts. The chair of each | 14 | | county
central committee shall, insofar as possible, list | 15 | | persons who reside within
the precinct in which they are to | 16 | | serve as judges. However, he may, in his sole
discretion, | 17 | | submit the names of persons who reside outside the precinct | 18 | | but
within the county embracing the precinct in which they are | 19 | | to serve. He must,
however, submit the names of at least 2 | 20 | | residents of the precinct for each
precinct in which his party | 21 | | is to have 3 judges and must submit the name of at
least one | 22 | | resident of the precinct for each precinct in which his party | 23 | | is to
have 2 judges. Such certified list, if filed, shall be | 24 | | filed with the county
clerk not less than 20 days before the | 25 | | annual meeting of the county board. The
county board shall | 26 | | acknowledge in writing to each county chair the names of
all |
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| 1 | | persons submitted on such certified list and the total number | 2 | | of persons
listed thereon. If no such list is filed or the list | 3 | | is incomplete (that is, no
names or an insufficient number of | 4 | | names are furnished for certain election
precincts), the | 5 | | county board shall make or complete such list from the names
| 6 | | contained in the supplemental list provided for in Section | 7 | | 13-1.1. Provided,
further, that in any case where a township | 8 | | has been or shall be redistricted,
in whole or in part, | 9 | | subsequent to one general election for Governor, and prior
to | 10 | | the next, the judges of election to be selected for all new or | 11 | | altered
precincts shall be selected in that one of the methods | 12 | | above detailed, which
shall be applicable according to the | 13 | | facts and circumstances of the particular
case, but the | 14 | | majority of such judges for each such precinct shall be | 15 | | selected
from the first leading political party, and the | 16 | | minority judges from the second
leading political party. | 17 | | Provided, further, that in counties having a
population of | 18 | | 3,000,000 inhabitants or over the selection of judges of | 19 | | election
shall be made in the same manner in all respects as in | 20 | | other counties, except
that the provisions relating to tally | 21 | | judges are inapplicable to such counties
and except that the | 22 | | county board shall meet during the month of January for the
| 23 | | purpose of making such selection, each township | 24 | | committeeperson shall assume the responsibilities given to the | 25 | | chair of the county central committee in this Section for the | 26 | | precincts within his or her township, and the township |
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| 1 | | committeeperson shall notify the county board by the preceding | 2 | | October 1 whether or
not the certified list will be filed. Such | 3 | | judges of election shall hold their
office for 2 years from | 4 | | their appointment and until their successors are duly
| 5 | | appointed in the manner provided in this Act. The county board | 6 | | shall fill all
vacancies in the office of judges of elections | 7 | | at any time in the manner herein
provided.
| 8 | | Such selections under this Section shall be confirmed by | 9 | | the circuit
court as provided in Section 13-3 of this Article.
| 10 | | (Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19 .)
| 11 | | (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
| 12 | | Sec. 14-1. (a) The board of election commissioners | 13 | | established
or existing under Article 6 shall, at the time and | 14 | | in the
manner provided in Section 14-3.1, select and choose no | 15 | | less than 3 5 persons,
men or women, as judges of election for | 16 | | each precinct in such
city, village or incorporated town.
| 17 | | Where neither voting machines nor electronic, mechanical | 18 | | or
electric voting systems are used, the board of election
| 19 | | commissioners may, for any precinct with respect to which the
| 20 | | board considers such action necessary or desirable in view of
| 21 | | the number of voters, and shall for general elections for any
| 22 | | precinct containing more than 600 registered voters, appoint
| 23 | | in addition to the 5 judges of election chosen under this | 24 | | subsection a team of 5 tally judges.
In such precincts the | 25 | | judges of election shall preside over the
election during the |
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| 1 | | hours the polls are open, and the tally
judges, with the | 2 | | assistance of the holdover judges designated
pursuant to | 3 | | Section
14-5.2, shall count the vote after the closing of the | 4 | | polls.
The tally judges shall possess the same qualifications | 5 | | and
shall be appointed in the same manner and with the same | 6 | | division
between political parties as is provided for judges | 7 | | of election.
The foregoing provisions relating to the | 8 | | appointment of tally
judges are inapplicable in counties with | 9 | | a population of
1,000,000 or more.
| 10 | | (b) To qualify as judges the persons must:
| 11 | | (1) be citizens of the United States;
| 12 | | (2) be of good repute and character and not subject to | 13 | | the registration requirement of the Sex Offender | 14 | | Registration Act;
| 15 | | (3) be able to speak, read and write the English | 16 | | language;
| 17 | | (4) be skilled in the 4 fundamental rules of | 18 | | arithmetic;
| 19 | | (5) be of good understanding and capable;
| 20 | | (6) not be candidates for any office at the election | 21 | | and not
be elected committeepersons;
| 22 | | (7) reside and be entitled to vote in the precinct in | 23 | | which
they are selected to serve, except that in each | 24 | | precinct not
more than one judge of each party may be | 25 | | appointed from outside
such precinct. Any judge so | 26 | | appointed to serve in any precinct
in which he is not |
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| 1 | | entitled to vote must be entitled to vote
elsewhere within | 2 | | the county which encompasses the precinct in
which such | 3 | | judge is appointed and such judge must otherwise
meet the | 4 | | qualifications of this Section, except as provided in | 5 | | subsection (c)
or (c-5).
| 6 | | (c) An election authority may establish a program to | 7 | | permit a person who
is not entitled to vote
to be appointed as | 8 | | an election judge if, as of the date of the election at
which | 9 | | the person serves as a judge, he or she:
| 10 | | (1) is a U.S. citizen;
| 11 | | (2) is a junior or senior in good standing enrolled in | 12 | | a public or private secondary
school;
| 13 | | (3) has a cumulative grade point average equivalent to | 14 | | at least 3.0 on a
4.0 scale;
| 15 | | (4) has the written approval of the principal of the | 16 | | secondary school he
or she attends at the time of | 17 | | appointment;
| 18 | | (5) has the written approval of his or her parent or | 19 | | legal guardian;
| 20 | | (6) has satisfactorily completed the training course | 21 | | for judges of
election
described in Sections 13-2.1, | 22 | | 13-2.2, and 14-4.1; and
| 23 | | (7) meets all other qualifications for appointment and | 24 | | service as an
election judge.
| 25 | | No more than one election judge qualifying under this | 26 | | subsection may serve
per political party per precinct.
Prior |
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| 1 | | to appointment, a judge qualifying under this subsection must | 2 | | certify
in writing to the election authority the political | 3 | | party the judge chooses to
affiliate with.
| 4 | | Students appointed as election judges under this | 5 | | subsection
shall not be counted as absent from school on the | 6 | | day they serve as judges.
| 7 | | (c-5) An election authority may establish a program to | 8 | | permit a person who
is not entitled to vote in that precinct or | 9 | | county to be appointed as an
election judge if, as of the date | 10 | | of the election at which the person serves as
a judge, he or | 11 | | she:
| 12 | | (1) is a U.S. citizen;
| 13 | | (2) is currently enrolled in a community college, as | 14 | | defined in the Public Community College Act, or a public | 15 | | or private Illinois university or
college;
| 16 | | (3) has a cumulative grade point average equivalent to | 17 | | at least 3.0 on a
4.0 scale;
| 18 | | (4) has satisfactorily completed the training course | 19 | | for judges of
election
described in Sections 13-2.1, | 20 | | 13-2.2, and 14-4.1; and
| 21 | | (5) meets all other qualifications for appointment and | 22 | | service as an
election judge.
| 23 | | No more than one election judge qualifying under this | 24 | | subsection may serve
per political party per precinct.
Prior | 25 | | to appointment, a judge qualifying under this subsection must | 26 | | certify
in writing to the election authority the political |
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| 1 | | party the judge chooses to
affiliate with.
| 2 | | Students appointed as election judges under this | 3 | | subsection
shall not be counted as absent from school on the | 4 | | day they serve as judges.
| 5 | | (d) The board of election commissioners may select 2 | 6 | | additional
judges of election, one from each of the major | 7 | | political parties,
for each 200 voters in excess of 600 in any | 8 | | precinct having more
than 600 voters as authorized
by Section | 9 | | 11-3. These additional judges must meet the
qualifications | 10 | | prescribed in this Section.
| 11 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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