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90_HB2827sam002
LRB9009243JMmbam02
1 AMENDMENT TO HOUSE BILL 2827
2 AMENDMENT NO. . Amend House Bill 2827, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the Election Code."; and
5 in the introductory paragraph of Section 5, by replacing
6 "1-6," with "1-6, 13-3,"; and
7 in Section 5, by inserting after the last line of Sec. 1-6
8 the following:
9 "(10 ILCS 5/13-3) (from Ch. 46, par. 13-3)
10 Sec. 13-3. After the judges of election have been
11 selected and approved as hereinbefore provided, a report of
12 such selections shall be made by the county board and filed
13 in the circuit court, and application shall then be made by
14 the county board to the court for their confirmation and
15 appointment, whereupon the court shall enter an order that
16 cause be shown, if any exists, against the confirmation and
17 appointment of such persons so named on or before the opening
18 of the court on a day to be fixed by the court. The county
19 board shall immediately give notice of such order and the
20 names of all such judges so reported to such court for
21 confirmation and their residence and the precinct for which
22 they were selected by causing a notice the same to be
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1 published in one or more newspapers in the county and if no
2 newspaper be published therein then by posting such notice in
3 5 of the most public places in the county. The notice shall
4 state that a list of judges of election is available for
5 public inspection in the office of the election authority.,
6 and If no cause to the contrary is shown prior to the day
7 fixed, and if, in each precinct, at least one judge
8 representing each of the two major political parties has been
9 certified by the county clerk as having satisfactorily
10 completed within the preceding 6 months the training course
11 and examination for judges of election, as provided in
12 Section 13-2.1 and 13-2.2 of this Act, such appointment shall
13 be confirmed by order entered by that court.
14 If in any precinct the requisite 2 judges have not been
15 so certified by the county clerk as having satisfactorily
16 completed such course and examination, the county clerk shall
17 immediately notify all judges in that precinct, to whose
18 appointment there is no other objection, that all such judges
19 shall attend the next such course. The county clerk shall
20 then certify to the court that all such judges have been so
21 notified (and such certification need contain no detail other
22 than a mere recital). The appointment of such judges shall
23 then be confirmed by order entered by the court. If any judge
24 so notified and so confirmed fails to attend the next such
25 course, such failure shall subject such judge to possible
26 removal from office at the option of the election authority.
27 If objections to the appointment of any judge be filed
28 prior to the day fixed by the court for confirmation of
29 judges, the court shall hear such objections and the evidence
30 introduced in support thereof, and shall confirm or refuse to
31 confirm such nominations as the interests of the public may
32 require. No reasons may be given for the refusal to confirm.
33 If any vacancy exists at any time the county board shall,
34 subject to the provisions of Section 13-1.1, further report
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1 and nominate persons to fill such vacancies so existing in
2 the manner aforesaid, and a court in the same way shall
3 consider such nominations and shall confirm or refuse to
4 confirm the same in the manner aforesaid. Upon the
5 confirmation of such judges, at any time, a commission shall
6 issue to each of such judges, under the seal of such court,
7 and appropriate forms shall be prepared by the county clerk
8 of each county for such purpose and furnished to the county
9 board, and after confirmation and acceptance of such
10 commission, such judges shall thereupon become officers of
11 such court. If a vacancy occurs so late that nomination by
12 the county board and application to and confirmation by the
13 court cannot be had before the election, then the court
14 shall, subject to the provisions of Section 13-1.1, make an
15 appointment and issue a commission to such officer or
16 officers, and when thus appointed such officer shall be
17 considered an officer of the court and subject to the same
18 rules as if nominated by the county board and confirmed by
19 the court, and any judge, however appointed, and at whatever
20 time, shall be considered an officer of court and be subject
21 to the same control and punishment in case of misbehavior.
22 Not more than 10 business days after the day of election, the
23 county clerk shall compile a list containing the name,
24 address and party affiliation of each judge of election who
25 served on the day of election, and shall preserve such list
26 and make it available for public inspection and copying for a
27 period of not more than one year from the date of receipt of
28 such list. Copies of such list shall be available for
29 purchase at a cost not to exceed the cost of duplication. The
30 board has the right, at any time, in case of misbehavior or
31 neglect of duty, to remove any judge of election and cause
32 such vacancy to be filled in accordance with this Act. The
33 board shall have the right, at any time, to remove any judge
34 of election for failing to vote the primary ballot of the
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1 political party he represents, at a primary election at which
2 he served as such judge, and shall cause such vacancy to be
3 filled in accordance with this Act. The board shall remove
4 any judge of election who, twice during the same term of
5 office, fails to provide for the opening of the polling place
6 at the time prescribed in Section 17-1 or Section 18-2,
7 whichever is applicable, unless such delay can be
8 demonstrated by the judge of election to be beyond his or her
9 control. In the event that any judge of election is removed
10 for cause, the board shall specify such cause in writing and
11 make such writing a matter of public record, with a copy to
12 be sent to the appropriate county chairman who made the
13 initial recommendation of the election judge. If any
14 vacancies occur or exist more than 15 days before election
15 the judges appointed to such places must be confirmed by such
16 court. The county board shall not voluntarily remove any
17 judge within 15 days of such election except for flagrant
18 misbehavior, incapacity or dishonesty, and the reason
19 therefor must afterward be reported in writing to such court
20 and made a matter of public record, with a copy to be sent to
21 the appropriate county chairman who made the initial
22 recommendation of the election judge. Provided further that
23 where a vacancy in the office of judge of election exists 20
24 days or less prior to any election in counties having a
25 population of 3,000,000 or more inhabitants, or where such
26 vacancy exists 10 days or less prior to any election in
27 counties having less than 3,000,000 inhabitants, the county
28 clerk shall, subject to the provisions of Section 13-1.1,
29 appoint a person of the same major political party to fill
30 such vacancy and issue a commission thereto. The name of the
31 officer so appointed shall be reported to the court as a
32 matter of record and after acceptance of such commission such
33 person shall be liable in the same manner as officers
34 regularly appointed by the county board and confirmed by the
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1 court. The county clerk shall have the power on election day
2 to remove without cause any judge of election appointed by
3 the other judges of election pursuant to Section 13-7 and to
4 appoint another judge of election to serve for that election.
5 Such substitute judge of election must be selected, where
6 possible, pursuant to the provisions of Section 13-1.1 and
7 must be qualified in accordance with Section 13-4.
8 If any precinct has increased in voter registration
9 beyond the maximum of 800 provided in Section 11-2, the
10 county clerk may appoint one additional judge of election
11 from each political party for each 200 voters in excess of
12 800.
13 (Source: P.A. 86-867; 86-1348.)".