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