Bill Text: IL HB4115 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Election Code. Provides that each election precinct shall contain 1,200 voters (currently, 500 voters in counties, 600 voters in a municipality with a board of election commissioners and fewer than 500,000 inhabitants, or 400 voters in a municipality with a board of election commissioners and more than 500,000 inhabitants). Makes corresponding and other changes. In provisions concerning the county board of a county with less than 3,000,000 inhabitants, removes language providing that an election precinct with more than 600 voters may be divided. Provides that a county board may (rather than shall) at specified meetings, redivide, consolidate, or readjust (rather than redivide or readjust) election precincts to meet the 1,200 voters per precinct standard. In provisions concerning a municipality with a board of election commissioners, provides that a city with over 500,000 residents may (rather than shall) rearrange its precincts within 90 days of a presidential election or at any time when the number of votes cast exceeds 1,200 (rather than equals 600) to meet the 1,200 voters per precinct standard. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-09-03 - Referred to Rules Committee [HB4115 Detail]
Download: Illinois-2021-HB4115-Introduced.html
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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 11-2 and 11-3 as follows:
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6 | (10 ILCS 5/11-2) (from Ch. 46, par. 11-2)
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7 | Sec. 11-2. Election precincts; counties with under | |||||||||||||||||||||
8 | 3,000,000 inhabitants. | |||||||||||||||||||||
9 | (a) The County Board in each county, except in counties | |||||||||||||||||||||
10 | having
a population of 3,000,000 inhabitants or over, shall, | |||||||||||||||||||||
11 | at its regular
meeting in June, or an adjourned meeting in July | |||||||||||||||||||||
12 | next, divide its election precincts in which the number of | |||||||||||||||||||||
13 | votes cast in a precinct on election day at the most recent | |||||||||||||||||||||
14 | general election held in November was more than 1,200 which | |||||||||||||||||||||
15 | contain more than
800 voters , into election precincts | |||||||||||||||||||||
16 | districts so that each precinct district shall contain,
as | |||||||||||||||||||||
17 | near as may be practicable, 1,200 votes 500 voters, and not | |||||||||||||||||||||
18 | more in any case than
800. Whenever the County Board | |||||||||||||||||||||
19 | ascertains that any election precinct
contains more than 600 | |||||||||||||||||||||
20 | registered voters, it may divide such precinct,
at its regular | |||||||||||||||||||||
21 | meeting in June, into election precincts so that each
precinct | |||||||||||||||||||||
22 | shall contain, as nearly as may be practicable, 500 voters . | |||||||||||||||||||||
23 | Insofar as
is practicable, each precinct shall be situated |
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1 | within a single congressional,
legislative and representative | ||||||
2 | district and in not more than one County Board
district and one | ||||||
3 | municipal ward. In order to situate each precinct within a
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4 | single district or ward, the County Board shall change the | ||||||
5 | boundaries of
election precincts after each decennial census | ||||||
6 | as soon as is practicable
following the completion of | ||||||
7 | congressional and legislative redistricting.
In determining | ||||||
8 | whether a division of precincts should be
made, the county | ||||||
9 | board may anticipate increased voter registration in
any | ||||||
10 | precinct in which there is in progress new construction of | ||||||
11 | dwelling
units which will be occupied by voters more than 30 | ||||||
12 | days before the next
election. Each district shall be composed | ||||||
13 | of contiguous territory in as
compact form as can be for the | ||||||
14 | convenience of the electors voting
therein. The several county | ||||||
15 | boards in establishing districts shall
describe them by metes | ||||||
16 | and bounds and number them. | ||||||
17 | (b) The And so often
thereafter as it shall appear by the | ||||||
18 | number of votes cast at the general
election held in November | ||||||
19 | of any year, that any election district or
undivided election | ||||||
20 | precinct contains more than 800 voters, the County
Board of | ||||||
21 | the county in which a precinct the district or precincts are | ||||||
22 | located precinct may be , may shall at
its regular meeting in | ||||||
23 | June, or an adjourned meeting in July next, after
such | ||||||
24 | November election, redivide , consolidate, or readjust such | ||||||
25 | precinct election district or precincts
election precinct , so | ||||||
26 | that no district or election precinct shall
contain more than |
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1 | the number of votes above specified in subsection (a) . | ||||||
2 | If for any reason
the County Board fails in any year to | ||||||
3 | redivide or readjust the election
districts or election | ||||||
4 | precinct, then the districts or precincts as then
existing | ||||||
5 | shall continue until the next regular June meeting of the
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6 | County Board; at which regular June meeting or an adjourned | ||||||
7 | meeting in
July the County Board shall redivide or readjust | ||||||
8 | the election districts
or election precincts in manner as | ||||||
9 | herein required. When at any meeting
of the County Board any | ||||||
10 | redivision, readjustment or change in name or
number of | ||||||
11 | election districts or election precincts is made by the County
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12 | Board, the County Clerk shall immediately notify the State | ||||||
13 | Board of
Elections of such redivision, readjustment or change. | ||||||
14 | The County Board
in every case shall fix and establish the | ||||||
15 | places for holding elections
in its respective county and all | ||||||
16 | elections shall be held at the places
so fixed. The polling | ||||||
17 | places shall in all cases be upon the ground floor
in the front | ||||||
18 | room, the entrance to which is in a highway or public
street | ||||||
19 | which is at least 40 feet wide, and is as near the center of | ||||||
20 | the
voting population of the precinct as is practicable, and | ||||||
21 | for the
convenience of the greatest number of electors to vote | ||||||
22 | thereat;
provided, however, where the County Board is unable | ||||||
23 | to secure a suitable
polling place within the boundaries of a | ||||||
24 | precinct, it may select a
polling place at the most | ||||||
25 | conveniently located suitable place outside
the precinct; but | ||||||
26 | in no case shall an election be held in any room used
or |
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1 | occupied as a saloon, dramshop, bowling alley or as a place of | ||||||
2 | resort
for idlers and disreputable persons, billiard hall or | ||||||
3 | in any room
connected therewith by doors or hallways. No | ||||||
4 | person shall be permitted
to vote at any election except at the | ||||||
5 | polling place for the precinct in
which he resides, except as | ||||||
6 | otherwise provided in this Section or Article 19 of this
Act. | ||||||
7 | In counties having a population of 3,000,000 inhabitants | ||||||
8 | or over
the County Board shall divide its election precincts | ||||||
9 | and shall fix and
establish places for holding elections as | ||||||
10 | hereinbefore provided during
the month of January instead of | ||||||
11 | at its regular meeting in June or at an
adjourned meeting in | ||||||
12 | July.
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13 | However, in the event that additional divisions of | ||||||
14 | election precincts
are indicated after a division made by the | ||||||
15 | County Board in the month of
January, such additional | ||||||
16 | divisions may be made by the County Board in
counties having a | ||||||
17 | population of 3,000,000 inhabitants or over, at the
regular | ||||||
18 | meeting in June or at adjourned meeting in July. The county
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19 | board of such county may divide or readjust precincts at any | ||||||
20 | meeting of
the county board when the voter registration in a | ||||||
21 | precinct has increased
beyond 800 and an election is scheduled | ||||||
22 | before the next regular January
or June meeting of the county | ||||||
23 | board.
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24 | When in any city, village or incorporated town territory | ||||||
25 | has been
annexed thereto or disconnected therefrom, which | ||||||
26 | annexation or
disconnection becomes effective after election |
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1 | precincts or election
districts have been established as above | ||||||
2 | provided in this Section, the
clerk of the municipality shall | ||||||
3 | inform the county clerk thereof as
provided in Section 4-21, | ||||||
4 | 5-28.1, or 6-31.1, whichever is applicable. In
the event that | ||||||
5 | a regular meeting of the County Board is to be held after
such | ||||||
6 | notification and before any election, the County Board shall, | ||||||
7 | at
its next regular meeting establish new election precinct | ||||||
8 | lines in
affected territory. In the event that no regular | ||||||
9 | meeting of the County
Board is to be held before such election | ||||||
10 | the county clerk shall, within
5 days after being so informed, | ||||||
11 | call a special meeting of the county
board on a day fixed by | ||||||
12 | him not more than 20 days thereafter for the
purpose of | ||||||
13 | establishing election precincts or election districts in the
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14 | affected territory for the ensuing elections.
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15 | At any consolidated primary or consolidated election at | ||||||
16 | which
municipal officers are to be elected, and at any | ||||||
17 | emergency referendum at
which a public question relating to a | ||||||
18 | municipality is to be voted on,
notwithstanding any other | ||||||
19 | provision of this Code, the election authority
shall establish | ||||||
20 | a polling place within such municipality, upon the request
of | ||||||
21 | the municipal council or board of trustees at least 60 days | ||||||
22 | before the
election and provided that the municipality | ||||||
23 | provides a suitable polling
place. To accomplish this purpose, | ||||||
24 | the election authority may establish an
election precinct | ||||||
25 | constituting a single municipality of under 500
population for | ||||||
26 | all elections, notwithstanding the minimum precinct size
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1 | otherwise specified herein.
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2 | Notwithstanding the above, when there
are no more than 50 | ||||||
3 | registered voters in a precinct who are entitled to
vote in a | ||||||
4 | local government or school district election, the election
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5 | authority having
jurisdiction over the precinct
is authorized | ||||||
6 | to reassign such voters to one or more polling
places in | ||||||
7 | adjacent precincts, within or without the
election authority's | ||||||
8 | jurisdiction, for that
election. For the purposes of such | ||||||
9 | local government or school district
election only, the votes | ||||||
10 | of the reassigned voters shall be tallied and
canvassed as | ||||||
11 | votes from the precinct of the polling place to which such
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12 | voters have been reassigned. The election authority having
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13 | jurisdiction over the precinct shall approve all | ||||||
14 | administrative and polling
place procedures.
Such procedures | ||||||
15 | shall take into account voter convenience, and ensure that the
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16 | integrity of the election process is maintained and that the | ||||||
17 | secrecy of the
ballot is not violated.
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18 | Except in the event of a fire, flood or total loss of heat | ||||||
19 | in a place
fixed or established by any county board or election | ||||||
20 | authority pursuant to
this Section as a polling place for an | ||||||
21 | election, no election authority
shall change the location of a | ||||||
22 | polling place so established for any
precinct after notice of | ||||||
23 | the place of holding the election for that
precinct has been | ||||||
24 | given as required under Article 12 unless the election
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25 | authority notifies all registered voters in the precinct of | ||||||
26 | the change in
location by first class mail in sufficient time |
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1 | for such notice to be
received by the registered voters in the | ||||||
2 | precinct at least one day prior to
the date of the election.
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3 | The provisions of this Section apply to all precincts, | ||||||
4 | including
those where voting machines or electronic voting | ||||||
5 | systems are used.
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6 | (Source: P.A. 86-867.)
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7 | (10 ILCS 5/11-3) (from Ch. 46, par. 11-3)
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8 | Sec. 11-3.
It shall be the duty of the Board of | ||||||
9 | Commissioners
established by Article 6 of this Act, within 2 | ||||||
10 | months after its first
organization, to divide the city, | ||||||
11 | village or incorporated town which may
adopt or is operating | ||||||
12 | under Article 6, into election precincts, each of
which shall | ||||||
13 | be situated within a single congressional, legislative
and | ||||||
14 | representative district insofar as
is practicable and in not | ||||||
15 | more than one County Board district and one
municipal ward;
in | ||||||
16 | order to situate each precinct within a single district or | ||||||
17 | ward, the
Board of Election Commissioners shall change the | ||||||
18 | boundaries of election
precincts after each
decennial census | ||||||
19 | as soon as is practicable following the completion of
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20 | congressional and legislative redistricting
and such precincts
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21 | shall contain no more than 1,200 actual as nearly as | ||||||
22 | practicable 600 qualified voters, and in
making such division | ||||||
23 | and establishing such precincts such board shall
take as a | ||||||
24 | basis the poll books, or the number of actual votes cast at the
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25 | previous presidential election. Within 90 days after each |
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1 | presidential
election, such board in a city with fewer than | ||||||
2 | 500,000 inhabitants, village
or incorporated town shall revise | ||||||
3 | and rearrange such precincts on the
basis of the votes cast at | ||||||
4 | such election, making such precincts to
contain no more than | ||||||
5 | 1,200 , as near as practicable, 600 actual voters; but at any | ||||||
6 | time in
all instances where the vote cast at any precinct, at | ||||||
7 | any election, exceeds 1,200
equals 800 , there must be a | ||||||
8 | rearrangement so as to reduce the vote to
the standard of 1,200 | ||||||
9 | 600 as near as may be. However, any apartment building
in which | ||||||
10 | more than 1,200 actual 800 registered voters reside may be | ||||||
11 | made a single
precinct even though the vote in such precinct | ||||||
12 | exceeds 1,200 800 .
Within 90 days after each presidential | ||||||
13 | election, a board in a city with
more than 500,000 inhabitants | ||||||
14 | may shall revise and rearrange such precincts on
the basis of | ||||||
15 | the votes cast at such election, making such precincts to
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16 | contain no more than 1,200 , as near as practicable, 400 actual | ||||||
17 | voters; but at any time in all
instances where the vote cast at | ||||||
18 | any precinct, at any election, exceeds 1,200 equals 600 ,
there | ||||||
19 | may must be a rearrangement so as to reduce the vote to the | ||||||
20 | standard of 1,200
400 as near as may be. However, any apartment | ||||||
21 | building in which more than 1,200 actual
600 registered voters | ||||||
22 | reside may be made a single precinct even though the
vote in | ||||||
23 | such precinct exceeds 1,200 600 .
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24 | Immediately after the annexation of territory to the city, | ||||||
25 | village or
incorporated town becomes effective the Board of | ||||||
26 | Election Commissioners
shall revise and rearrange election |
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1 | precincts therein to include such
annexed territory.
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2 | Provided, however, that at any election where but one | ||||||
3 | candidate is
nominated and is to be voted upon at any election | ||||||
4 | held in any political
subdivision of a city, village or | ||||||
5 | incorporated town, the Board of
Election Commissioners shall | ||||||
6 | have the power in such political
subdivision to determine the | ||||||
7 | number of voting precincts to be
established in such political | ||||||
8 | subdivision at such election, without
reference to the number | ||||||
9 | of qualified voters therein. The precincts in
each ward, | ||||||
10 | village or incorporated town shall be numbered from one
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11 | upwards, consecutively, with no omission.
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12 | The provisions of this Section apply to all precincts, | ||||||
13 | including
those where voting machines or electronic voting | ||||||
14 | systems are used.
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15 | (Source: P.A. 84-1308.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
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