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90_HB2813
10 ILCS 5/11-2 from Ch. 46, par. 11-2
10 ILCS 5/11-3 from Ch. 46, par. 11-3
10 ILCS 5/11-5 from Ch. 46, par. 11-5
10 ILCS 5/13-3 from Ch. 46, par. 13-3
10 ILCS 5/14-1 from Ch. 46, par. 14-1
10 ILCS 5/24A-3.1 from Ch. 46, par. 24A-3.1
10 ILCS 5/24B-3.1
Amends the Election Code to provide that the maximum size
of a precinct shall be 1,600 instead of 800. Effective
immediately.
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LRB9008912JMsb
1 AN ACT to amend the Election Code by changing Sections
2 11-2, 11-3, 11-5, 13-3, 14-1, 24A-3.1, and 24B-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 11-2, 11-3, 11-5, 13-3, 14-1, 24A-3.1, and 24B-3.1
7 as follows:
8 (10 ILCS 5/11-2) (from Ch. 46, par. 11-2)
9 Sec. 11-2. The County Board in each county, except in
10 counties having a population of 3,000,000 inhabitants or
11 over, shall, at its regular meeting in June, divide its
12 election precincts which contain more than 1,600 800 voters,
13 into election districts so that each district shall contain,
14 as near as may be practicable, 500 voters, and not more in
15 any case than 1,600 voters 800. Whenever the County Board
16 ascertains that any election precinct contains more than 600
17 registered voters, it may divide such precinct, at its
18 regular meeting in June, into election precincts so that each
19 precinct shall contain, as nearly as may be practicable, 500
20 voters. Insofar as is practicable, each precinct shall be
21 situated within a single congressional, legislative and
22 representative district and in not more than one County Board
23 district and one municipal ward. In order to situate each
24 precinct within a single district or ward, the County Board
25 shall change the boundaries of election precincts after each
26 decennial census as soon as is practicable following the
27 completion of congressional and legislative redistricting.
28 In determining whether a division of precincts should be
29 made, the county board may anticipate increased voter
30 registration in any precinct in which there is in progress
31 new construction of dwelling units which will be occupied by
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1 voters more than 30 days before the next election. Each
2 district shall be composed of contiguous territory in as
3 compact form as can be for the convenience of the electors
4 voting therein. The several county boards in establishing
5 districts shall describe them by metes and bounds and number
6 them. And so often thereafter as it shall appear by the
7 number of votes cast at the general election held in November
8 of any year, that any election district or undivided election
9 precinct contains more than 1,600 800 voters, the County
10 Board of the county in which the district or precinct may be,
11 shall at its regular meeting in June, or an adjourned meeting
12 in July next, after such November election, redivide or
13 readjust such election district or election precinct, so that
14 no district or election precinct shall contain more than the
15 number of voters votes above specified. If for any reason the
16 County Board fails in any year to redivide or readjust the
17 election districts or election precinct, then the districts
18 or precincts as then existing shall continue until the next
19 regular June meeting of the County Board; at which regular
20 June meeting or an adjourned meeting in July the County Board
21 shall redivide or readjust the election districts or election
22 precincts in manner as herein required. When at any meeting
23 of the County Board any redivision, readjustment or change in
24 name or number of election districts or election precincts is
25 made by the County Board, the County Clerk shall immediately
26 notify the State Board of Elections of such redivision,
27 readjustment or change. The County Board in every case shall
28 fix and establish the places for holding elections in its
29 respective county and all elections shall be held at the
30 places so fixed. The polling places shall in all cases be
31 upon the ground floor in the front room, the entrance to
32 which is in a highway or public street which is at least 40
33 feet wide, and is as near the center of the voting population
34 of the precinct as is practicable, and for the convenience of
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1 the greatest number of electors to vote thereat; provided,
2 however, where the County Board is unable to secure a
3 suitable polling place within the boundaries of a precinct,
4 it may select a polling place at the most conveniently
5 located suitable place outside the precinct; but in no case
6 shall an election be held in any room used or occupied as a
7 saloon, dramshop, bowling alley or as a place of resort for
8 idlers and disreputable persons, billiard hall or in any room
9 connected therewith by doors or hallways. No person shall be
10 permitted to vote at any election except at the polling place
11 for the precinct in which he resides, except as otherwise
12 provided in this Section or Article 19 of this Act. In
13 counties having a population of 3,000,000 inhabitants or over
14 the County Board shall divide its election precincts and
15 shall fix and establish places for holding elections as
16 hereinbefore provided during the month of January instead of
17 at its regular meeting in June or at an adjourned meeting in
18 July.
19 However, in the event that additional divisions of
20 election precincts are indicated after a division made by the
21 County Board in the month of January, such additional
22 divisions may be made by the County Board in counties having
23 a population of 3,000,000 inhabitants or over, at the regular
24 meeting in June or at adjourned meeting in July. The county
25 board of such county may divide or readjust precincts at any
26 meeting of the county board when the voter registration in a
27 precinct has increased beyond 1,600 800 and an election is
28 scheduled before the next regular January or June meeting of
29 the county board.
30 When in any city, village or incorporated town territory
31 has been annexed thereto or disconnected therefrom, which
32 annexation or disconnection becomes effective after election
33 precincts or election districts have been established as
34 above provided in this Section, the clerk of the municipality
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1 shall inform the county clerk thereof as provided in Section
2 4-21, 5-28.1, or 6-31.1, whichever is applicable. In the
3 event that a regular meeting of the County Board is to be
4 held after such notification and before any election, the
5 County Board shall, at its next regular meeting establish new
6 election precinct lines in affected territory. In the event
7 that no regular meeting of the County Board is to be held
8 before such election the county clerk shall, within 5 days
9 after being so informed, call a special meeting of the county
10 board on a day fixed by him not more than 20 days thereafter
11 for the purpose of establishing election precincts or
12 election districts in the affected territory for the ensuing
13 elections.
14 At any consolidated primary or consolidated election at
15 which municipal officers are to be elected, and at any
16 emergency referendum at which a public question relating to a
17 municipality is to be voted on, notwithstanding any other
18 provision of this Code, the election authority shall
19 establish a polling place within such municipality, upon the
20 request of the municipal council or board of trustees at
21 least 60 days before the election and provided that the
22 municipality provides a suitable polling place. To
23 accomplish this purpose, the election authority may establish
24 an election precinct constituting a single municipality of
25 under 500 population for all elections, notwithstanding the
26 minimum precinct size otherwise specified herein.
27 Notwithstanding the above, when there are no more than 50
28 registered voters in a precinct who are entitled to vote in a
29 local government or school district election, the election
30 authority having jurisdiction over the precinct is authorized
31 to reassign such voters to one or more polling places in
32 adjacent precincts, within or without the election
33 authority's jurisdiction, for that election. For the
34 purposes of such local government or school district election
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1 only, the votes of the reassigned voters shall be tallied and
2 canvassed as votes from the precinct of the polling place to
3 which such voters have been reassigned. The election
4 authority having jurisdiction over the precinct shall approve
5 all administrative and polling place procedures. Such
6 procedures shall take into account voter convenience, and
7 ensure that the integrity of the election process is
8 maintained and that the secrecy of the ballot is not
9 violated.
10 Except in the event of a fire, flood or total loss of
11 heat in a place fixed or established by any county board or
12 election authority pursuant to this Section as a polling
13 place for an election, no election authority shall change the
14 location of a polling place so established for any precinct
15 after notice of the place of holding the election for that
16 precinct has been given as required under Article 12 unless
17 the election authority notifies all registered voters in the
18 precinct of the change in location by first class mail in
19 sufficient time for such notice to be received by the
20 registered voters in the precinct at least one day prior to
21 the date of the election.
22 The provisions of this Section apply to all precincts,
23 including those where voting machines or electronic voting
24 systems are used.
25 (Source: P.A. 86-867.)
26 (10 ILCS 5/11-3) (from Ch. 46, par. 11-3)
27 Sec. 11-3. It shall be the duty of the Board of
28 Commissioners established by Article 6 of this Act, within 2
29 months after its first organization, to divide the city,
30 village or incorporated town which may adopt or is operating
31 under Article 6, into election precincts, each of which shall
32 be situated within a single congressional, legislative and
33 representative district insofar as is practicable and in not
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1 more than one County Board district and one municipal ward;
2 in order to situate each precinct within a single district or
3 ward, the Board of Election Commissioners shall change the
4 boundaries of election precincts after each decennial census
5 as soon as is practicable following the completion of
6 congressional and legislative redistricting and such
7 precincts shall contain as nearly as practicable 1,600 600
8 qualified voters, and in making such division and
9 establishing such precincts such board shall take as a basis
10 the poll books, or the number of votes cast at the previous
11 presidential election. Within 90 days after each presidential
12 election, such board in a city with fewer than 500,000
13 inhabitants, village or incorporated town shall revise and
14 rearrange such precincts on the basis of the votes cast at
15 such election, making such precincts to contain, as near as
16 practicable, 1,600 600 actual voters; but at any time in all
17 instances where the vote cast at any precinct, at any
18 election, exceeds 1,600 equals 800, there must be a
19 rearrangement so as to reduce the vote to the standard of
20 1,600 600 as near as may be. However, any apartment building
21 in which more than 1,600 800 registered voters reside may be
22 made a single precinct even though the vote in such precinct
23 exceeds 1,600 800. Within 90 days after each presidential
24 election, a board in a city with more than 500,000
25 inhabitants shall revise and rearrange such precincts on the
26 basis of the votes cast at such election, making such
27 precincts to contain, as near as practicable, 400 actual
28 voters; but at any time in all instances where the vote cast
29 at any precinct, at any election, equals 600, there must be a
30 rearrangement so as to reduce the vote to the standard of 400
31 as near as may be. However, any apartment building in which
32 more than 600 registered voters reside may be made a single
33 precinct even though the vote in such precinct exceeds 600.
34 Immediately after the annexation of territory to the
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1 city, village or incorporated town becomes effective the
2 Board of Election Commissioners shall revise and rearrange
3 election precincts therein to include such annexed territory.
4 Provided, however, that at any election where but one
5 candidate is nominated and is to be voted upon at any
6 election held in any political subdivision of a city, village
7 or incorporated town, the Board of Election Commissioners
8 shall have the power in such political subdivision to
9 determine the number of voting precincts to be established in
10 such political subdivision at such election, without
11 reference to the number of qualified voters therein. The
12 precincts in each ward, village or incorporated town shall be
13 numbered from one upwards, consecutively, with no omission.
14 The provisions of this Section apply to all precincts,
15 including those where voting machines or electronic voting
16 systems are used.
17 (Source: P.A. 84-1308.)
18 (10 ILCS 5/11-5) (from Ch. 46, par. 11-5)
19 Sec. 11-5. If any election district or precinct subject
20 to the jurisdiction of a county board or a board of election
21 commissioners in a city with fewer than 500,000 inhabitants,
22 village or incorporated town casts more than 1,600 800 votes
23 each at 2 two consecutive general November elections for
24 State officers, the state's attorney, upon the request of an
25 elector in any such district or precinct, shall apply to the
26 Circuit Court for relief by mandamus to compel the
27 appropriate board to divide such district or precinct as
28 required by law. Any relief so granted shall not apply to any
29 election occurring within 60 days thereafter. If any election
30 precinct subject to the jurisdiction of a board of election
31 commissioners in a city with more than 500,000 inhabitants
32 casts more than 1,600 600 votes at each of the 2 two
33 consecutive general November elections for State officers,
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1 the state's attorney, upon the request of an elector in any
2 such precinct, shall apply to the Circuit Court for relief by
3 mandamus to compel the appropriate board to divide such
4 precinct as required by law. Any relief so granted shall not
5 apply to any election occurring within 60 days thereafter.
6 (Source: P.A. 84-323.)
7 (10 ILCS 5/13-3) (from Ch. 46, par. 13-3)
8 Sec. 13-3. After the judges of election have been
9 selected and approved as hereinbefore provided, a report of
10 such selections shall be made by the county board and filed
11 in the circuit court, and application shall then be made by
12 the county board to the court for their confirmation and
13 appointment, whereupon the court shall enter an order that
14 cause be shown, if any exists, against the confirmation and
15 appointment of such persons so named on or before the opening
16 of the court on a day to be fixed by the court. The county
17 board shall immediately give notice of such order and the
18 names of all such judges so reported to such court for
19 confirmation and their residence and the precinct for which
20 they were selected by causing the same to be published in one
21 or more newspapers in the county and if no newspaper be
22 published therein then by posting such notice in 5 of the
23 most public places in the county, and if no cause to the
24 contrary is shown prior to the day fixed, and if, in each
25 precinct, at least one judge representing each of the two
26 major political parties has been certified by the county
27 clerk as having satisfactorily completed within the preceding
28 6 months the training course and examination for judges of
29 election, as provided in Section 13-2.1 and 13-2.2 of this
30 Act, such appointment shall be confirmed by order entered by
31 that court.
32 If in any precinct the requisite 2 judges have not been
33 so certified by the county clerk as having satisfactorily
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1 completed such course and examination, the county clerk shall
2 immediately notify all judges in that precinct, to whose
3 appointment there is no other objection, that all such judges
4 shall attend the next such course. The county clerk shall
5 then certify to the court that all such judges have been so
6 notified (and such certification need contain no detail other
7 than a mere recital). The appointment of such judges shall
8 then be confirmed by order entered by the court. If any judge
9 so notified and so confirmed fails to attend the next such
10 course, such failure shall subject such judge to possible
11 removal from office at the option of the election authority.
12 If objections to the appointment of any judge be filed
13 prior to the day fixed by the court for confirmation of
14 judges, the court shall hear such objections and the evidence
15 introduced in support thereof, and shall confirm or refuse to
16 confirm such nominations as the interests of the public may
17 require. No reasons may be given for the refusal to confirm.
18 If any vacancy exists at any time the county board shall,
19 subject to the provisions of Section 13-1.1, further report
20 and nominate persons to fill such vacancies so existing in
21 the manner aforesaid, and a court in the same way shall
22 consider such nominations and shall confirm or refuse to
23 confirm the same in the manner aforesaid. Upon the
24 confirmation of such judges, at any time, a commission shall
25 issue to each of such judges, under the seal of such court,
26 and appropriate forms shall be prepared by the county clerk
27 of each county for such purpose and furnished to the county
28 board, and after confirmation and acceptance of such
29 commission, such judges shall thereupon become officers of
30 such court. If a vacancy occurs so late that nomination by
31 the county board and application to and confirmation by the
32 court cannot be had before the election, then the court
33 shall, subject to the provisions of Section 13-1.1, make an
34 appointment and issue a commission to such officer or
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1 officers, and when thus appointed such officer shall be
2 considered an officer of the court and subject to the same
3 rules as if nominated by the county board and confirmed by
4 the court, and any judge, however appointed, and at whatever
5 time, shall be considered an officer of court and be subject
6 to the same control and punishment in case of misbehavior.
7 Not more than 10 business days after the day of election, the
8 county clerk shall compile a list containing the name,
9 address and party affiliation of each judge of election who
10 served on the day of election, and shall preserve such list
11 and make it available for public inspection and copying for a
12 period of not more than one year from the date of receipt of
13 such list. Copies of such list shall be available for
14 purchase at a cost not to exceed the cost of duplication. The
15 board has the right, at any time, in case of misbehavior or
16 neglect of duty, to remove any judge of election and cause
17 such vacancy to be filled in accordance with this Act. The
18 board shall have the right, at any time, to remove any judge
19 of election for failing to vote the primary ballot of the
20 political party he represents, at a primary election at which
21 he served as such judge, and shall cause such vacancy to be
22 filled in accordance with this Act. The board shall remove
23 any judge of election who, twice during the same term of
24 office, fails to provide for the opening of the polling place
25 at the time prescribed in Section 17-1 or Section 18-2,
26 whichever is applicable, unless such delay can be
27 demonstrated by the judge of election to be beyond his or her
28 control. In the event that any judge of election is removed
29 for cause, the board shall specify such cause in writing and
30 make such writing a matter of public record, with a copy to
31 be sent to the appropriate county chairman who made the
32 initial recommendation of the election judge. If any
33 vacancies occur or exist more than 15 days before election
34 the judges appointed to such places must be confirmed by such
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1 court. The county board shall not voluntarily remove any
2 judge within 15 days of such election except for flagrant
3 misbehavior, incapacity or dishonesty, and the reason
4 therefor must afterward be reported in writing to such court
5 and made a matter of public record, with a copy to be sent to
6 the appropriate county chairman who made the initial
7 recommendation of the election judge. Provided further that
8 where a vacancy in the office of judge of election exists 20
9 days or less prior to any election in counties having a
10 population of 3,000,000 or more inhabitants, or where such
11 vacancy exists 10 days or less prior to any election in
12 counties having less than 3,000,000 inhabitants, the county
13 clerk shall, subject to the provisions of Section 13-1.1,
14 appoint a person of the same major political party to fill
15 such vacancy and issue a commission thereto. The name of the
16 officer so appointed shall be reported to the court as a
17 matter of record and after acceptance of such commission such
18 person shall be liable in the same manner as officers
19 regularly appointed by the county board and confirmed by the
20 court. The county clerk shall have the power on election day
21 to remove without cause any judge of election appointed by
22 the other judges of election pursuant to Section 13-7 and to
23 appoint another judge of election to serve for that election.
24 Such substitute judge of election must be selected, where
25 possible, pursuant to the provisions of Section 13-1.1 and
26 must be qualified in accordance with Section 13-4.
27 If any precinct has increased in voter registration
28 beyond the maximum of 1,600 800 provided in Section 11-2, the
29 county clerk may appoint one additional judge of election
30 from each political party for each 200 voters in excess of
31 1,600 800.
32 (Source: P.A. 86-867; 86-1348.)
33 (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
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1 Sec. 14-1. The board of election commissioners
2 established or existing under Article 6 shall, at the time
3 and in the manner provided in Section 14-3.1, select and
4 choose 5 electors, men or women, as judges of election for
5 each precinct in such city, village or incorporated town.
6 Where neither voting machines nor electronic, mechanical
7 or electric voting systems are used, the board of election
8 commissioners may, for any precinct with respect to which the
9 board considers such action necessary or desirable in view of
10 the number of voters, and shall for general elections for any
11 precinct containing more than 1,600 600 registered voters,
12 appoint in addition to the 5 judges of election a team of 5
13 tally 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 14-5.2, 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. The foregoing provisions relating to the
22 appointment of tally judges are inapplicable in counties with
23 a population of 1,000,000 or more.
24 To qualify as judges the electors must:
25 (1) be citizens of the United States;
26 (2) be of good repute and character;
27 (3) be able to speak, read and write the English
28 language;
29 (4) be skilled in the 4 fundamental rules of arithmetic;
30 (5) be of good understanding and capable;
31 (6) not be candidates for any office at the election and
32 not be elected committeemen;
33 (7) reside and be entitled to vote in the precinct in
34 which they are selected to serve, except that in each
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1 precinct not more than one judge of each party may be
2 appointed from outside such precinct. Any judge so appointed
3 to serve in any precinct in which he is not entitled to vote
4 must be entitled to vote elsewhere within the county which
5 encompasses the precinct in which such judge is appointed and
6 such judge must otherwise meet the qualifications of this
7 Section.
8 The board of election commissioners may select 2
9 additional judges of election, one from each of the major
10 political parties, for each 200 voters in excess of 1,600 600
11 in any precinct having more than 1,600 600 voters as
12 authorized by Section 11--3. These additional judges must
13 meet the qualifications prescribed in this Section.
14 (Source: P.A. 80-779.)
15 (10 ILCS 5/24A-3.1) (from Ch. 46, par. 24A-3.1)
16 Sec. 24A-3.1. When an electronic voting system is used,
17 the County Board or Board of Election Commissioners may
18 retain existing precincts or may consolidate, combine, alter,
19 decrease or enlarge the boundaries of the precincts so as to
20 change the number of registered voters of the precincts using
21 the electronic voting system, establishing the number of
22 registered voters within each precinct at such number not to
23 exceed 1,600 800 as the appropriate County Board or Board of
24 Election Commissioners, determines will afford adequate
25 voting facilities and efficient and economical elections.
26 Except in the event of a fire, flood or total loss of
27 heat in a place fixed or established pursuant to law by any
28 County Board or Board of Election Commissioners as a polling
29 place for an election, no election authority shall change the
30 location of a polling place so established for any precinct
31 after notice of the place of holding the election for that
32 precinct has been given as required under Article 12 unless
33 the election authority notifies all registered voters in the
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1 precinct of the change in location by first class mail in
2 sufficient time for such notice to be received by the
3 registered voters in the precinct at least one day prior to
4 the date of the election.
5 (Source: P.A. 86-867.)
6 (10 ILCS 5/24B-3.1)
7 Sec. 24B-3.1. Retention or consolidation or alteration
8 of existing precincts; Change of location. When a Precinct
9 Tabulation Optical Scan Technology electronic voting system
10 is used, the county board or board of election commissioners
11 may retain existing precincts or may consolidate, combine,
12 alter, decrease or enlarge the boundaries of the precincts to
13 change the number of registered voters of the precincts using
14 the electronic Precinct Tabulation Optical Scan Technology
15 voting system, establishing the number of registered voters
16 within each precinct at a number not to exceed 1,600 800 as
17 the appropriate county board or board of election
18 commissioners determines will afford adequate voting
19 facilities and efficient and economical elections.
20 Except in the event of a fire, flood or total loss of
21 heat in a place fixed or established pursuant to law by any
22 county board or board of election commissioners as a polling
23 place for an election, no election authority shall change the
24 location of a polling place established for any precinct
25 after notice of the place of holding the election for that
26 precinct has been given as required under Article 12 unless
27 the election authority notifies all registered voters in the
28 precinct of the change in location by first class mail in
29 sufficient time for the notice to be received by the
30 registered voters in the precinct at least one day prior to
31 the date of the election.
32 (Source: P.A. 89-394, eff. 1-1-97.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.