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90_HB1159
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 5/13-4 from Ch. 46, par. 13-4
10 ILCS 5/14-1 from Ch. 46, par. 14-1
10 ILCS 5/14-3.1 from Ch. 46, par. 14-3.1
Amends the Election Code. Permits the use of 3, rather
than 5, election judges for even-year regular elections in
precincts with fewer than 200 registered voters. Removes the
requirement that a minimum number of election judges reside
in the precincts in which they serve. Requires the election
authority to fill election judge vacancies if the vacancies
cannot be filled from the supplemental list. Effective
immediately.
LRB9004270MWcd
LRB9004270MWcd
1 AN ACT to amend the Election Code by changing Sections
2 13-1, 13-1.1, 13-2, 13-4, 14-1, and 14-3.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 13-1, 13-1.1, 13-2, 13-4, 14-1, and 14-3.1 as
7 follows:
8 (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
9 Sec. 13-1. In counties not under township organization,
10 the county board of commissioners shall at its meeting in May
11 in each even-numbered year appoint in each election precinct
12 5 capable and discreet electors meeting the qualifications of
13 Section 13-4 to be judges of election. Where neither voting
14 machines nor electronic, mechanical or electric voting
15 systems are used, the county board may, for any precinct with
16 respect to which the board considers such action necessary or
17 desirable in view of the number of voters, and shall for
18 general elections for any precinct containing more than 600
19 registered voters, appoint in addition to the 5 judges of
20 election a team of 5 tally judges. In such precincts the
21 judges of election shall preside over the election during the
22 hours the polls are open, and the tally judges, with the
23 assistance of the holdover judges designated pursuant to
24 Section 13-6.2, shall count the vote after the closing of the
25 polls. However, the County Board of Commissioners may appoint
26 3 judges of election to serve in lieu of the 5 judges of
27 election otherwise required by this Section to serve in any
28 emergency referendum, or in any odd-year regular election, in
29 any even-year regular election in precincts of less than 200
30 registered voters, or in any special primary or special
31 election called for the purpose of filling a vacancy in the
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1 office of representative in the United States Congress or to
2 nominate candidates for such purpose. The tally judges shall
3 possess the same qualifications and shall be appointed in the
4 same manner and with the same division between political
5 parties as is provided for judges of election.
6 In addition to such precinct judges, the county board of
7 commissioners shall appoint special panels of 3 judges each,
8 who shall possess the same qualifications and shall be
9 appointed in the same manner and with the same division
10 between political parties as is provided for other judges of
11 election. The number of such panels of judges required shall
12 be determined by regulations of the State Board of Elections
13 which shall base the required numbers of special panels on
14 the number of registered voters in the jurisdiction or the
15 number of absentee ballots voted at recent elections, or any
16 combination of such factors.
17 Such appointment shall be confirmed by the court as
18 provided in Section 13-3 of this Article. No more than 3
19 persons of the same political party shall be appointed judges
20 of the same election precinct or election judge panel. The
21 appointment shall be made in the following manner: The county
22 board of commissioners shall select and approve 3 persons as
23 judges of election in each election precinct from a certified
24 list, furnished by the chairman of the County Central
25 Committee of the first leading political party in such
26 precinct; and the county board of commissioners shall also
27 select and approve 2 persons as judges of election in each
28 election precinct from a certified list, furnished by the
29 chairman of the County Central Committee of the second
30 leading political party. However, if only 3 judges of
31 election serve in each election precinct, no more than 2
32 persons of the same political party shall be judges of
33 election in the same election precinct; and which political
34 party is entitled to 2 judges of election and which political
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1 party is entitled to one judge of election shall be
2 determined in the same manner as set forth in the next two
3 preceding sentences with regard to 5 election judges in each
4 precinct. Such certified list shall be filed with the county
5 clerk not less than 10 days before the annual meeting of the
6 county board of commissioners. Such list shall be arranged
7 according to precincts. The chairman of each county central
8 committee shall, insofar as possible, list persons who reside
9 within the precinct in which they are to serve as judges.
10 However, he may, in his sole discretion, submit the names of
11 persons who reside outside the precinct but within the county
12 embracing the precinct in which they are to serve. He must,
13 however, submit the names of at least 2 residents of the
14 precinct for each precinct in which his party is to have 3
15 judges and must submit the name of at least one resident of
16 the precinct for each precinct in which his party is to have
17 2 judges. The county board of commissioners shall acknowledge
18 in writing to each county chairman the names of all persons
19 submitted on such certified list and the total number of
20 persons listed thereon. If no such list is filed or such list
21 is incomplete (that is, no names or an insufficient number of
22 names are furnished for certain election precincts), the
23 county board of commissioners shall make or complete such
24 list from the names contained in the supplemental list
25 provided for in Section 13-1.1. The election judges shall
26 hold their office for 2 years from their appointment, and
27 until their successors are duly appointed in the manner
28 provided in this Act. The county board of commissioners shall
29 fill all vacancies in the office of judge of election at any
30 time in the manner provided in this Act. However, the
31 election authority shall fill vacancies in the office of
32 judges of election if the vacancies cannot be filled from the
33 supplemental list provided for in Section 13-1.1.
34 (Source: P.A. 87-1052.)
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1 (10 ILCS 5/13-1.1) (from Ch. 46, par. 13-1.1)
2 Sec. 13-1.1. In addition to the list provided for in
3 Section 13-1 or 13-2, the chairman of the county central
4 committee of each of the two leading political parties shall
5 submit to the county board a supplemental list, arranged
6 according to precincts in which they are to serve, of persons
7 available as judges of election, the names and number of all
8 persons listed thereon to be acknowledged in writing to the
9 county chairman submitting such list by the county board.
10 Vacancies among the judges of election shall be filled by
11 selection from this supplemental list of persons qualified
12 under Section 13-4. If the list provided for in Section 13-1
13 or 13-2 for any precinct is exhausted, then selection shall
14 be made from the supplemental list submitted by the chairman
15 of the county central committee of the party. If such
16 supplemental list is exhausted for any precinct, then
17 selection shall be made from any of the persons on the
18 supplemental list without regard to the precincts in which
19 they are listed to serve. No selection or appointment from
20 the supplemental list shall be made more than 21 days prior
21 to the date of precinct registration for those judges needed
22 as precinct registrars, and more than 28 days prior to the
23 date of an election for those additional persons needed as
24 election judges. In any case where selection cannot be made
25 from the supplemental list without violating Section 13-4,
26 selection shall be made by the election authority from
27 outside the supplemental list of some person qualified under
28 Section 13-4.
29 (Source: P.A. 78-888; 78-889; 78-1297.)
30 (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
31 Sec. 13-2. In counties under the township organization
32 the county board shall at its meeting in May in each
33 even-numbered year except in counties containing a population
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1 of 3,000,000 inhabitants or over and except when such judges
2 are appointed by election commissioners, select in each
3 election precinct in the county, 5 capable and discreet
4 electors to be judges of election who shall possess the
5 qualifications required by this Act for such judges. Where
6 neither voting machines nor electronic, mechanical or
7 electric voting systems are used, the county board may, for
8 any precinct with respect to which the board considers such
9 action necessary or desirable in view of the number of
10 voters, and shall for general elections for any precinct
11 containing more than 600 registered voters, appoint in
12 addition to the 5 judges of election a team of 5 tally
13 judges. In such precincts the judges of election shall
14 preside over the election during the hours the polls are
15 open, and the tally judges, with the assistance of the
16 holdover judges designated pursuant to Section 13-6.2, shall
17 count the vote after the closing of the polls. The tally
18 judges shall possess the same qualifications and shall be
19 appointed in the same manner and with the same division
20 between political parties as is provided for judges of
21 election.
22 However, the county board may appoint 3 judges of
23 election to serve in lieu of the 5 judges of election
24 otherwise required by this Section to serve in any emergency
25 referendum, or in any odd-year regular election, in any
26 even-year regular election in precincts of less than 200
27 registered voters, or in any special primary or special
28 election called for the purpose of filling a vacancy in the
29 office of representative in the United States Congress or to
30 nominate candidates for such purpose.
31 In addition to such precinct judges, the county board
32 shall appoint special panels of 3 judges each, who shall
33 possess the same qualifications and shall be appointed in the
34 same manner and with the same division between political
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1 parties as is provided for other judges of election. The
2 number of such panels of judges required shall be determined
3 by regulations of the State Board of Elections, which shall
4 base the required number of special panels on the number of
5 registered voters in the jurisdiction or the number of
6 absentee ballots voted at recent elections or any combination
7 of such factors.
8 No more than 3 persons of the same political party shall
9 be appointed judges in the same election district or
10 undivided precinct. The election of the judges of election in
11 the various election precincts shall be made in the following
12 manner: The county board shall select and approve 3 of the
13 election judges in each precinct from a certified list
14 furnished by the chairman of the County Central Committee of
15 the first leading political party in such election precinct
16 and shall also select and approve 2 judges of election in
17 each election precinct from a certified list furnished by the
18 chairman of the County Central Committee of the second
19 leading political party in such election precinct. However,
20 if only 3 judges of election serve in each election precinct,
21 no more than 2 persons of the same political party shall be
22 judges of election in the same election precinct; and which
23 political party is entitled to 2 judges of election and which
24 political party is entitled to one judge of election shall be
25 determined in the same manner as set forth in the next two
26 preceding sentences with regard to 5 election judges in each
27 precinct. The respective County Central Committee chairman
28 shall notify the county board by June 1 of each odd-numbered
29 year immediately preceding the annual meeting of the county
30 board whether or not such certified list will be filed by
31 such chairman. Such list shall be arranged according to
32 precincts. The chairman of each county central committee
33 shall, insofar as possible, list persons who reside within
34 the precinct in which they are to serve as judges. However,
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1 he may, in his sole discretion, submit the names of persons
2 who reside outside the precinct but within the county
3 embracing the precinct in which they are to serve. He must,
4 however, submit the names of at least 2 residents of the
5 precinct for each precinct in which his party is to have 3
6 judges and must submit the name of at least one resident of
7 the precinct for each precinct in which his party is to have
8 2 judges. Such certified list, if filed, shall be filed with
9 the county clerk not less than 20 days before the annual
10 meeting of the county board. The county board shall
11 acknowledge in writing to each county chairman the names of
12 all persons submitted on such certified list and the total
13 number of persons listed thereon. If no such list is filed or
14 the list is incomplete (that is, no names or an insufficient
15 number of names are furnished for certain election
16 precincts), the county board shall make or complete such list
17 from the names contained in the supplemental list provided
18 for in Section 13-1.1. Provided, further, that in any case
19 where a township has been or shall be redistricted, in whole
20 or in part, subsequent to one general election for Governor,
21 and prior to the next, the judges of election to be selected
22 for all new or altered precincts shall be selected in that
23 one of the methods above detailed, which shall be applicable
24 according to the facts and circumstances of the particular
25 case, but the majority of such judges for each such precinct
26 shall be selected from the first leading political party, and
27 the minority judges from the second leading political party.
28 Provided, further, that in counties having a population of
29 1,000,000 inhabitants or over the selection of judges of
30 election shall be made in the same manner in all respects as
31 in other counties, except that the provisions relating to
32 tally judges are inapplicable to such counties and except
33 that the county board shall meet during the month of January
34 for the purpose of making such selection and the chairman of
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1 each county central committee shall notify the county board
2 by the preceding October 1 whether or not the certified list
3 will be filed. Such judges of election shall hold their
4 office for 2 years from their appointment and until their
5 successors are duly appointed in the manner provided in this
6 Act. The county board shall fill all vacancies in the office
7 of judges of elections at any time in the manner herein
8 provided. However, the election authority shall fill
9 vacancies in the office of judges of election if the
10 vacancies cannot be filled from the supplemental list
11 provided for in Section 13-1.1.
12 Such selections under this Section shall be confirmed by
13 the circuit court as provided in Section 13-3 of this
14 Article.
15 (Source: P.A. 86-1028; 87-1052.)
16 (10 ILCS 5/13-4) (from Ch. 46, par. 13-4)
17 Sec. 13-4. All persons elected or chosen judge of
18 election must: (1) be citizens of the United States and
19 entitled to vote at the next election; (2) be of good repute
20 and character; (3) be able to speak, read and write the
21 English language; (4) be skilled in the four fundamental
22 rules of arithmetic; (5) be of good understanding and
23 capable; (6) not be candidates for any office at the election
24 and not be elected committeemen; and (7) reside in the
25 precinct in which they are selected to act, except that in
26 each precinct, judges not more than one judge of each party
27 may be appointed from outside such precinct. Any judge
28 selected to serve in any precinct in which he is not entitled
29 to vote must reside within and be entitled to vote elsewhere
30 within the county which encompasses the precinct in which
31 such judge is appointed. Such judge must meet the other
32 qualifications of this Section.
33 (Source: Laws 1967, p. 834.)
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1 (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
2 Sec. 14-1. The board of election commissioners
3 established or existing under Article 6 shall, at the time
4 and in the manner provided in Section 14-3.1, select and
5 choose 5 electors, men or women, as judges of election for
6 each precinct in such city, village or incorporated town.
7 Where neither voting machines nor electronic, mechanical
8 or electric voting systems are used, the board of election
9 commissioners 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
13 in addition to the 5 judges of election a team of 5 tally
14 judges. In such precincts the judges of election shall
15 preside over the election during the hours the polls are
16 open, and the tally judges, with the assistance of the
17 holdover judges designated pursuant to Section 14-5.2, shall
18 count the vote after the closing of the polls. The tally
19 judges shall possess the same qualifications and shall be
20 appointed in the same manner and with the same division
21 between political parties as is provided for judges of
22 election. The foregoing provisions relating to the
23 appointment of tally judges are inapplicable in counties with
24 a population of 1,000,000 or more.
25 To qualify as judges the electors must:
26 (1) be citizens of the United States;
27 (2) be of good repute and character;
28 (3) be able to speak, read and write the English
29 language;
30 (4) be skilled in the 4 fundamental rules of arithmetic;
31 (5) be of good understanding and capable;
32 (6) not be candidates for any office at the election and
33 not be elected committeemen;
34 (7) reside and be entitled to vote in the precinct in
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1 which they are selected to serve, except that in each
2 precinct judges not more than one judge of each party may be
3 appointed from outside such precinct. Any judge so appointed
4 to serve in any precinct in which he is not entitled to vote
5 must be entitled to vote elsewhere within the county which
6 encompasses the precinct in which such judge is appointed and
7 such judge must otherwise meet the qualifications of this
8 Section.
9 The board of election commissioners may select 2
10 additional judges of election, one from each of the major
11 political parties, for each 200 voters in excess of 600 in
12 any precinct having more than 600 voters as authorized by
13 Section 11--3. These additional judges must meet the
14 qualifications prescribed in this Section.
15 (Source: P.A. 80-779.)
16 (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
17 Sec. 14-3.1. The board of election commissioners shall,
18 during the month of May of each even-numbered year, select
19 for each election precinct within the jurisdiction of the
20 board 5 persons to be judges of election who shall possess
21 the qualifications required by this Act for such judges. The
22 selection shall be made by a county board of election
23 commissioners in the following manner: the county board of
24 election commissioners shall select and approve 3 persons as
25 judges of election in each election precinct from a certified
26 list furnished by the chairman of the county central
27 committee of the first leading political party in that
28 precinct; the county board of election commissioners also
29 shall select and approve 2 persons as judges of election in
30 each election precinct from a certified list furnished by the
31 chairman of the county central committee of the second
32 leading political party in that precinct. The selection by a
33 municipal board of election commissioners shall be made in
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1 the following manner: for each precinct, 3 judges shall be
2 selected from one of the 2 leading political parties and the
3 other 2 judges shall be selected from the other leading
4 political party; the parties entitled to 3 and 2 judges,
5 respectively, in the several precincts shall be determined as
6 provided in Section 14-4. However, a Board of Election
7 Commissioners may appoint 3 three judges of election to serve
8 in lieu of the 5 judges of election otherwise required by
9 this Section to serve in any emergency referendum, or in any
10 odd-year regular election, in any even-year regular election
11 in precincts of less than 200 registered voters, or in any
12 special primary or special election called for the purpose of
13 filling a vacancy in the office of representative in the
14 United States Congress or to nominate candidates for such
15 purpose.
16 If only 3 judges of election serve in each election
17 precinct, no more than 2 persons of the same political party
18 shall be judges of election in the same election precinct,
19 and which political party is entitled to 2 judges of election
20 and which political party is entitled to one judge of
21 election shall be determined as set forth in this Section for
22 a county board of election commissioners' selection of 5
23 election judges in each precinct or in Section 14-4 for a
24 municipal board of election commissioners' selection of
25 election judges in each precinct, whichever is appropriate.
26 In addition to such precinct judges, the board of election
27 commissioners shall appoint special panels of 3 judges each,
28 who shall possess the same qualifications and shall be
29 appointed in the same manner and with the same division
30 between political parties as is provided for other judges of
31 election. The number of such panels of judges required shall
32 be determined by regulation of the State Board of Elections,
33 which shall base the required number of special panels on the
34 number of registered voters in the jurisdiction or the number
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1 of absentee ballots voted at recent elections or any
2 combination of such factors. A municipal board of election
3 commissioners shall make the selections of persons qualified
4 under Section 14-1 from certified lists furnished by the
5 chairman of the respective county central committees of the 2
6 leading political parties. Lists furnished by chairmen of
7 county central committees under this Section shall be
8 arranged according to precincts. The chairman of each county
9 central committee shall, insofar as possible, list persons
10 who reside within the precinct in which they are to serve as
11 judges. However, he may, in his sole discretion, submit the
12 names of persons who reside outside the precinct but within
13 the county embracing the precinct in which they are to serve.
14 He must, however, submit the names of at least 2 residents of
15 the precinct for each precinct in which his party is to have
16 3 judges and must submit the name of at least one resident of
17 the precinct for each precinct in which his party is to have
18 2 judges. The board of election commissioners shall no later
19 than March 1 of each even-numbered year notify the chairmen
20 of the respective county central committees of their
21 responsibility to furnish such lists, and each such chairman
22 shall furnish the board of election commissioners with the
23 list for his party on or before May 1 of each even-numbered
24 year. The board of election commissioners shall acknowledge
25 in writing to each county chairman the names of all persons
26 submitted on such certified list and the total number of
27 persons listed thereon. If no such list is furnished or if no
28 names or an insufficient number of names are furnished for
29 certain precincts, the board of election commissioners shall
30 make or complete such list from the names contained in the
31 supplemental list provided for in Section 14-3.2. Judges of
32 election shall hold their office for 2 years from their
33 appointment and until their successors are duly appointed in
34 the manner herein provided. The board of election
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1 commissioners shall, subject to the provisions of Section
2 14-3.2, fill all vacancies in the office of judges of
3 election at any time in the manner herein provided.
4 Such selections under this Section shall be confirmed by
5 the court as provided in Section 14-5.
6 (Source: P.A. 89-471, eff. 6-13-96.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.