Bill Text: IL HB4446 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the State's Attorney Division of the Counties Code. Provides that, beginning on December 1, 2024, the Office of the State's Attorney of Cook County will include 5 elected Deputy State's Attorneys and one elected, at large, State's Attorney. Provides that each Deputy State's Attorney will represent a district, consisting of 3 Cook County judicial subcircuit districts, and have all powers and duties of the State's Attorney within that district, except that the State's Attorney will retain powers relating to: (i) defense of Cook County; (ii) internal operations; (iii) performing the duties of a vacant office of a Deputy State's Attorney; and (iv) arbitration of disputes between Deputy State's Attorneys and approval of shared operations between the two or more jurisdictions. Contains other provisions about the election of Deputy State's Attorneys and vacancies in the office of a Deputy State's Attorney. Limits home rule powers. Amends the Election Code making conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-02-03 - Referred to Rules Committee [HB4446 Detail]

Download: Illinois-2019-HB4446-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4446

Introduced , by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:
10 ILCS 5/2A-21 from Ch. 46, par. 2A-21
10 ILCS 5/7-10 from Ch. 46, par. 7-10
10 ILCS 5/7-34 from Ch. 46, par. 7-34
55 ILCS 5/3-9014 new

Amends the State's Attorney Division of the Counties Code. Provides that, beginning on December 1, 2024, the Office of the State's Attorney of Cook County will include 5 elected Deputy State's Attorneys and one elected, at large, State's Attorney. Provides that each Deputy State's Attorney will represent a district, consisting of 3 Cook County judicial subcircuit districts, and have all powers and duties of the State's Attorney within that district, except that the State's Attorney will retain powers relating to: (i) defense of Cook County; (ii) internal operations; (iii) performing the duties of a vacant office of a Deputy State's Attorney; and (iv) arbitration of disputes between Deputy State's Attorneys and approval of shared operations between the two or more jurisdictions. Contains other provisions about the election of Deputy State's Attorneys and vacancies in the office of a Deputy State's Attorney. Limits home rule powers. Amends the Election Code making conforming changes.
LRB101 18023 AWJ 67461 b
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

A BILL FOR

HB4446LRB101 18023 AWJ 67461 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5Sections 2A-21, 7-10, and 7-34 as follows:
6 (10 ILCS 5/2A-21) (from Ch. 46, par. 2A-21)
7 Sec. 2A-21. State's Attorney and Deputy State's Attorney -
8Time of Election.
9 (a) State's Attorneys shall be elected at the general
10election in 1980 and at the general election every 4 years
11thereafter.
12 (b) Deputy State's Attorneys in Cook County shall be
13elected at the general election in 2024 and at the general
14election every 4 years thereafter.
15(Source: P.A. 80-936.)
16 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
17 Sec. 7-10. Form of petition for nomination. The name of no
18candidate for nomination, or State central committeeperson, or
19township committeeperson, or precinct committeeperson, or ward
20committeeperson or candidate for delegate or alternate
21delegate to national nominating conventions, shall be printed
22upon the primary ballot unless a petition for nomination has

HB4446- 2 -LRB101 18023 AWJ 67461 b
1been filed in his behalf as provided in this Article in
2substantially the following form:
3 We, the undersigned, members of and affiliated with the
4.... party and qualified primary electors of the .... party, in
5the .... of ...., in the county of .... and State of Illinois,
6do hereby petition that the following named person or persons
7shall be a candidate or candidates of the .... party for the
8nomination for (or in case of committeepersons for election to)
9the office or offices hereinafter specified, to be voted for at
10the primary election to be held on (insert date).
11 NameOfficeAddress
12John JonesGovernorBelvidere, Ill.
13Jane James Lieutenant Governor Peoria, Ill.
14Thomas SmithAttorney GeneralOakland, Ill.
15Name.................. Address.......................
16State of Illinois)
17 ) ss.
18County of........)
19 I, ...., do hereby certify that I reside at No. ....
20street, in the .... of ...., county of ...., and State of
21....., that I am 18 years of age or older, that I am a citizen
22of the United States, and that the signatures on this sheet
23were signed in my presence, and are genuine, and that to the
24best of my knowledge and belief the persons so signing were at

HB4446- 3 -LRB101 18023 AWJ 67461 b
1the time of signing the petitions qualified voters of the ....
2party, and that their respective residences are correctly
3stated, as above set forth.
4
.........................
5 Subscribed and sworn to before me on (insert date).
6
.........................
7 Each sheet of the petition other than the statement of
8candidacy and candidate's statement shall be of uniform size
9and shall contain above the space for signatures an appropriate
10heading giving the information as to name of candidate or
11candidates, in whose behalf such petition is signed; the
12office, the political party represented and place of residence;
13and the heading of each sheet shall be the same.
14 Such petition shall be signed by qualified primary electors
15residing in the political division for which the nomination is
16sought in their own proper persons only and opposite the
17signature of each signer, his residence address shall be
18written or printed. The residence address required to be
19written or printed opposite each qualified primary elector's
20name shall include the street address or rural route number of
21the signer, as the case may be, as well as the signer's county,
22and city, village or town, and state. However the county or
23city, village or town, and state of residence of the electors
24may be printed on the petition forms where all of the electors
25signing the petition reside in the same county or city, village

HB4446- 4 -LRB101 18023 AWJ 67461 b
1or town, and state. Standard abbreviations may be used in
2writing the residence address, including street number, if any.
3At the bottom of each sheet of such petition shall be added a
4circulator statement signed by a person 18 years of age or
5older who is a citizen of the United States, stating the street
6address or rural route number, as the case may be, as well as
7the county, city, village or town, and state; and certifying
8that the signatures on that sheet of the petition were signed
9in his or her presence and certifying that the signatures are
10genuine; and either (1) indicating the dates on which that
11sheet was circulated, or (2) indicating the first and last
12dates on which the sheet was circulated, or (3) certifying that
13none of the signatures on the sheet were signed more than 90
14days preceding the last day for the filing of the petition and
15certifying that to the best of his or her knowledge and belief
16the persons so signing were at the time of signing the
17petitions qualified voters of the political party for which a
18nomination is sought. Such statement shall be sworn to before
19some officer authorized to administer oaths in this State.
20 No petition sheet shall be circulated more than 90 days
21preceding the last day provided in Section 7-12 for the filing
22of such petition.
23 The person circulating the petition, or the candidate on
24whose behalf the petition is circulated, may strike any
25signature from the petition, provided that:
26 (1) the person striking the signature shall initial the

HB4446- 5 -LRB101 18023 AWJ 67461 b
1 petition at the place where the signature is struck; and
2 (2) the person striking the signature shall sign a
3 certification listing the page number and line number of
4 each signature struck from the petition. Such
5 certification shall be filed as a part of the petition.
6 Such sheets before being filed shall be neatly fastened
7together in book form, by placing the sheets in a pile and
8fastening them together at one edge in a secure and suitable
9manner, and the sheets shall then be numbered consecutively.
10The sheets shall not be fastened by pasting them together end
11to end, so as to form a continuous strip or roll. All petition
12sheets which are filed with the proper local election
13officials, election authorities or the State Board of Elections
14shall be the original sheets which have been signed by the
15voters and by the circulator thereof, and not photocopies or
16duplicates of such sheets. Each petition must include as a part
17thereof, a statement of candidacy for each of the candidates
18filing, or in whose behalf the petition is filed. This
19statement shall set out the address of such candidate, the
20office for which he is a candidate, shall state that the
21candidate is a qualified primary voter of the party to which
22the petition relates and is qualified for the office specified
23(in the case of a candidate for State's Attorney or Deputy
24State's Attorney, it shall state that the candidate is at the
25time of filing such statement a licensed attorney-at-law of
26this State), shall state that he has filed (or will file before

HB4446- 6 -LRB101 18023 AWJ 67461 b
1the close of the petition filing period) a statement of
2economic interests as required by the Illinois Governmental
3Ethics Act, shall request that the candidate's name be placed
4upon the official ballot, and shall be subscribed and sworn to
5by such candidate before some officer authorized to take
6acknowledgment of deeds in the State and shall be in
7substantially the following form:
8
Statement of Candidacy
9NameAddressOfficeDistrictParty
10John Jones102 Main St.GovernorStatewideRepublican
11Belvidere,
12Illinois
13State of Illinois)
14 ) ss.
15County of .......)
16 I, ...., being first duly sworn, say that I reside at ....
17Street in the city (or village) of ...., in the county of ....,
18State of Illinois; that I am a qualified voter therein and am a
19qualified primary voter of the .... party; that I am a
20candidate for nomination (for election in the case of
21committeeperson and delegates and alternate delegates) to the
22office of .... to be voted upon at the primary election to be
23held on (insert date); that I am legally qualified (including
24being the holder of any license that may be an eligibility
25requirement for the office I seek the nomination for) to hold

HB4446- 7 -LRB101 18023 AWJ 67461 b
1such office and that I have filed (or I will file before the
2close of the petition filing period) a statement of economic
3interests as required by the Illinois Governmental Ethics Act
4and I hereby request that my name be printed upon the official
5primary ballot for nomination for (or election to in the case
6of committeepersons and delegates and alternate delegates)
7such office.
8
Signed ......................
9 Subscribed and sworn to (or affirmed) before me by ....,
10who is to me personally known, on (insert date).
11
Signed ....................
12
(Official Character)
13(Seal, if officer has one.)
14 The petitions, when filed, shall not be withdrawn or added
15to, and no signatures shall be revoked except by revocation
16filed in writing with the State Board of Elections, election
17authority or local election official with whom the petition is
18required to be filed, and before the filing of such petition.
19Whoever forges the name of a signer upon any petition required
20by this Article is deemed guilty of a forgery and on conviction
21thereof shall be punished accordingly.
22 A candidate for the offices listed in this Section must
23obtain the number of signatures specified in this Section on
24his or her petition for nomination.
25 (a) Statewide office or delegate to a national nominating

HB4446- 8 -LRB101 18023 AWJ 67461 b
1convention. If a candidate seeks to run for statewide office or
2as a delegate or alternate delegate to a national nominating
3convention elected from the State at-large, then the
4candidate's petition for nomination must contain at least 5,000
5but not more than 10,000 signatures.
6 (b) Congressional office or congressional delegate to a
7national nominating convention. If a candidate seeks to run for
8United States Congress or as a congressional delegate or
9alternate congressional delegate to a national nominating
10convention elected from a congressional district, then the
11candidate's petition for nomination must contain at least the
12number of signatures equal to 0.5% of the qualified primary
13electors of his or her party in his or her congressional
14district. In the first primary election following a
15redistricting of congressional districts, a candidate's
16petition for nomination must contain at least 600 signatures of
17qualified primary electors of the candidate's political party
18in his or her congressional district.
19 (c) County office. If a candidate seeks to run for any
20countywide office, including but not limited to county board
21chairperson or county board member, elected on an at-large
22basis, in a county other than Cook County, then the candidate's
23petition for nomination must contain at least the number of
24signatures equal to 0.5% of the qualified electors of his or
25her party who cast votes at the last preceding general election
26in his or her county. If a candidate seeks to run for county

HB4446- 9 -LRB101 18023 AWJ 67461 b
1board member elected from a county board district, then the
2candidate's petition for nomination must contain at least the
3number of signatures equal to 0.5% of the qualified primary
4electors of his or her party in the county board district. In
5the first primary election following a redistricting of county
6board districts or the initial establishment of county board
7districts, a candidate's petition for nomination must contain
8at least the number of signatures equal to 0.5% of the
9qualified electors of his or her party in the entire county who
10cast votes at the last preceding general election divided by
11the total number of county board districts comprising the
12county board; provided that in no event shall the number of
13signatures be less than 25.
14 (d) County office; Cook County only.
15 (1) If a candidate seeks to run for countywide office
16 in Cook County, then the candidate's petition for
17 nomination must contain at least the number of signatures
18 equal to 0.5% of the qualified electors of his or her party
19 who cast votes at the last preceding general election in
20 Cook County.
21 (2) If a candidate seeks to run for Cook County Board
22 Commissioner, then the candidate's petition for nomination
23 must contain at least the number of signatures equal to
24 0.5% of the qualified primary electors of his or her party
25 in his or her county board district. In the first primary
26 election following a redistricting of Cook County Board of

HB4446- 10 -LRB101 18023 AWJ 67461 b
1 Commissioners districts, a candidate's petition for
2 nomination must contain at least the number of signatures
3 equal to 0.5% of the qualified electors of his or her party
4 in the entire county who cast votes at the last preceding
5 general election divided by the total number of county
6 board districts comprising the county board; provided that
7 in no event shall the number of signatures be less than 25.
8 (3) If a candidate seeks to run for Cook County Board
9 of Review Commissioner, which is elected from a district
10 pursuant to subsection (c) of Section 5-5 of the Property
11 Tax Code, then the candidate's petition for nomination must
12 contain at least the number of signatures equal to 0.5% of
13 the total number of registered voters in his or her board
14 of review district in the last general election at which a
15 commissioner was regularly scheduled to be elected from
16 that board of review district. In no event shall the number
17 of signatures required be greater than the requisite number
18 for a candidate who seeks countywide office in Cook County
19 under subsection (d)(1) of this Section. In the first
20 primary election following a redistricting of Cook County
21 Board of Review districts, a candidate's petition for
22 nomination must contain at least 4,000 signatures or at
23 least the number of signatures required for a countywide
24 candidate in Cook County, whichever is less, of the
25 qualified electors of his or her party in the district.
26 (e) Municipal or township office. If a candidate seeks to

HB4446- 11 -LRB101 18023 AWJ 67461 b
1run for municipal or township office, then the candidate's
2petition for nomination must contain at least the number of
3signatures equal to 0.5% of the qualified primary electors of
4his or her party in the municipality or township. If a
5candidate seeks to run for alderman of a municipality, then the
6candidate's petition for nomination must contain at least the
7number of signatures equal to 0.5% of the qualified primary
8electors of his or her party of the ward. In the first primary
9election following redistricting of aldermanic wards or
10trustee districts of a municipality or the initial
11establishment of wards or districts, a candidate's petition for
12nomination must contain the number of signatures equal to at
13least 0.5% of the total number of votes cast for the candidate
14of that political party who received the highest number of
15votes in the entire municipality at the last regular election
16at which an officer was regularly scheduled to be elected from
17the entire municipality, divided by the number of wards or
18districts. In no event shall the number of signatures be less
19than 25.
20 (f) State central committeeperson. If a candidate seeks to
21run for State central committeeperson, then the candidate's
22petition for nomination must contain at least 100 signatures of
23the primary electors of his or her party of his or her
24congressional district.
25 (g) Sanitary district trustee. If a candidate seeks to run
26for trustee of a sanitary district in which trustees are not

HB4446- 12 -LRB101 18023 AWJ 67461 b
1elected from wards, then the candidate's petition for
2nomination must contain at least the number of signatures equal
3to 0.5% of the primary electors of his or her party from the
4sanitary district. If a candidate seeks to run for trustee of a
5sanitary district in which trustees are elected from wards,
6then the candidate's petition for nomination must contain at
7least the number of signatures equal to 0.5% of the primary
8electors of his or her party in the ward of that sanitary
9district. In the first primary election following
10redistricting of sanitary districts elected from wards, a
11candidate's petition for nomination must contain at least the
12signatures of 150 qualified primary electors of his or her ward
13of that sanitary district.
14 (h) Judicial office. If a candidate seeks to run for
15judicial office in a district, then the candidate's petition
16for nomination must contain the number of signatures equal to
170.4% of the number of votes cast in that district for the
18candidate for his or her political party for the office of
19Governor at the last general election at which a Governor was
20elected, but in no event less than 500 signatures. If a
21candidate seeks to run for judicial office in a circuit or
22subcircuit, then the candidate's petition for nomination must
23contain the number of signatures equal to 0.25% of the number
24of votes cast for the judicial candidate of his or her
25political party who received the highest number of votes at the
26last general election at which a judicial officer from the same

HB4446- 13 -LRB101 18023 AWJ 67461 b
1circuit or subcircuit was regularly scheduled to be elected,
2but in no event less than 1,000 signatures in circuits and
3subcircuits located in the First Judicial District or 500
4signatures in every other Judicial District.
5 (i) Precinct, ward, and township committeeperson. If a
6candidate seeks to run for precinct committeeperson, then the
7candidate's petition for nomination must contain at least 10
8signatures of the primary electors of his or her party for the
9precinct. If a candidate seeks to run for ward committeeperson,
10then the candidate's petition for nomination must contain no
11less than the number of signatures equal to 10% of the primary
12electors of his or her party of the ward, but no more than 16%
13of those same electors; provided that the maximum number of
14signatures may be 50 more than the minimum number, whichever is
15greater. If a candidate seeks to run for township
16committeeperson, then the candidate's petition for nomination
17must contain no less than the number of signatures equal to 5%
18of the primary electors of his or her party of the township,
19but no more than 8% of those same electors; provided that the
20maximum number of signatures may be 50 more than the minimum
21number, whichever is greater.
22 (j) State's attorney or regional superintendent of schools
23for multiple counties. If a candidate seeks to run for State's
24attorney or regional Superintendent of Schools who serves more
25than one county, then the candidate's petition for nomination
26must contain at least the number of signatures equal to 0.5% of

HB4446- 14 -LRB101 18023 AWJ 67461 b
1the primary electors of his or her party in the territory
2comprising the counties.
3 (k) Any other office. If a candidate seeks any other
4office, then the candidate's petition for nomination must
5contain at least the number of signatures equal to 0.5% of the
6registered voters of the political subdivision, district, or
7division for which the nomination is made or 25 signatures,
8whichever is greater.
9 For purposes of this Section the number of primary electors
10shall be determined by taking the total vote cast, in the
11applicable district, for the candidate for that political party
12who received the highest number of votes, statewide, at the
13last general election in the State at which electors for
14President of the United States were elected. For political
15subdivisions, the number of primary electors shall be
16determined by taking the total vote cast for the candidate for
17that political party who received the highest number of votes
18in the political subdivision at the last regular election at
19which an officer was regularly scheduled to be elected from
20that subdivision. For wards or districts of political
21subdivisions, the number of primary electors shall be
22determined by taking the total vote cast for the candidate for
23that political party who received the highest number of votes
24in the ward or district at the last regular election at which
25an officer was regularly scheduled to be elected from that ward
26or district.

HB4446- 15 -LRB101 18023 AWJ 67461 b
1 A "qualified primary elector" of a party may not sign
2petitions for or be a candidate in the primary of more than one
3party.
4 The changes made to this Section of this amendatory Act of
5the 93rd General Assembly are declarative of existing law,
6except for item (3) of subsection (d).
7 Petitions of candidates for nomination for offices herein
8specified, to be filed with the same officer, may contain the
9names of 2 or more candidates of the same political party for
10the same or different offices. In the case of the offices of
11Governor and Lieutenant Governor, a joint petition including
12one candidate for each of those offices must be filed.
13(Source: P.A. 100-1027, eff. 1-1-19.)
14 (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
15 Sec. 7-34. Pollwatchers in a primary election shall be
16authorized in the following manner:
17 (1) Each established political party shall be entitled
18 to appoint one pollwatcher per precinct. Such pollwatchers
19 must be affiliated with the political party for which they
20 are pollwatching and must be a registered voter in
21 Illinois.
22 (2) Each candidate shall be entitled to appoint two
23 pollwatchers per precinct. For Federal, State, county,
24 township, and municipal primary elections, the
25 pollwatchers must be registered to vote in Illinois.

HB4446- 16 -LRB101 18023 AWJ 67461 b
1 (3) Each organization of citizens within the county or
2 political subdivision, which has among its purposes or
3 interests the investigation or prosecution of election
4 frauds, and which shall have registered its name and
5 address and the names and addresses of its principal
6 officers with the proper election authority at least 40
7 days before the primary election, shall be entitled to
8 appoint one pollwatcher per precinct. For all primary
9 elections, the pollwatcher must be registered to vote in
10 Illinois.
11 (3.5) Each State nonpartisan civic organization within
12 the county or political subdivision shall be entitled to
13 appoint one pollwatcher per precinct, provided that no more
14 than 2 pollwatchers appointed by State nonpartisan civic
15 organizations shall be present in a precinct polling place
16 at the same time. Each organization shall have registered
17 the names and addresses of its principal officers with the
18 proper election authority at least 40 days before the
19 primary election. The pollwatchers must be registered to
20 vote in Illinois. For the purpose of this paragraph, a
21 "State nonpartisan civic organization" means any
22 corporation, unincorporated association, or organization
23 that:
24 (i) as part of its written articles of
25 incorporation, bylaws, or charter or by separate
26 written declaration, has among its stated purposes the

HB4446- 17 -LRB101 18023 AWJ 67461 b
1 provision of voter information and education, the
2 protection of individual voters' rights, and the
3 promotion of free and equal elections;
4 (ii) is organized or primarily conducts its
5 activities within the State of Illinois; and
6 (iii) continuously maintains an office or business
7 location within the State of Illinois, together with a
8 current listed telephone number (a post office box
9 number without a current listed telephone number is not
10 sufficient).
11 (4) Each organized group of proponents or opponents of
12 a ballot proposition, which shall have registered the name
13 and address of its organization or committee and the name
14 and address of its chair with the proper election authority
15 at least 40 days before the primary election, shall be
16 entitled to appoint one pollwatcher per precinct. The
17 pollwatcher must be registered to vote in Illinois.
18 (5) In any primary election held to nominate candidates
19 for the offices of a municipality of less than 3,000,000
20 population that is situated in 2 or more counties, a
21 pollwatcher who is a resident of a county in which any part
22 of the municipality is situated shall be eligible to serve
23 as a pollwatcher in any polling place located within such
24 municipality, provided that such pollwatcher otherwise
25 complies with the respective requirements of subsections
26 (1) through (4) of this Section and is a registered voter

HB4446- 18 -LRB101 18023 AWJ 67461 b
1 whose residence is within Illinois.
2 All pollwatchers shall be required to have proper
3credentials. Such credentials shall be printed in sufficient
4quantities, shall be issued by and under the facsimile
5signature(s) of the election authority and shall be available
6for distribution at least 2 weeks prior to the election. Such
7credentials shall be authorized by the real or facsimile
8signature of the State or local party official or the candidate
9or the presiding officer of the civic organization or the chair
10of the proponent or opponent group, as the case may be.
11 Pollwatcher credentials shall be in substantially the
12following form:
13
POLLWATCHER CREDENTIALS
14TO THE JUDGES OF ELECTION:
15 In accordance with the provisions of the Election Code, the
16undersigned hereby appoints ........... (name of pollwatcher)
17at .......... (address) in the county of ...........,
18.......... (township or municipality) of ........... (name),
19State of Illinois and who is duly registered to vote from this
20address, to act as a pollwatcher in the ........... precinct of
21the .......... ward (if applicable) of the ...........
22(township or municipality) of ........... at the ...........
23election to be held on (insert date).
24........................ (Signature of Appointing Authority)
25........................ TITLE (party official, candidate,

HB4446- 19 -LRB101 18023 AWJ 67461 b
1 civic organization president,
2 proponent or opponent group chair)
3 Under penalties provided by law pursuant to Section 29-10
4of the Election Code, the undersigned pollwatcher certifies
5that he or she resides at .............. (address) in the
6county of ........., ......... (township or municipality) of
7.......... (name), State of Illinois, and is duly registered to
8vote in Illinois.
9........................... ..........................
10(Precinct and/or Ward in (Signature of Pollwatcher)
11Which Pollwatcher Resides)
12 Pollwatchers must present their credentials to the Judges
13of Election upon entering the polling place. Pollwatcher
14credentials properly executed and signed shall be proof of the
15qualifications of the pollwatcher authorized thereby. Such
16credentials are retained by the Judges and returned to the
17Election Authority at the end of the day of election with the
18other election materials. Once a pollwatcher has surrendered a
19valid credential, he may leave and reenter the polling place
20provided that such continuing action does not disrupt the
21conduct of the election. Pollwatchers may be substituted during
22the course of the day, but established political parties,
23candidates, qualified civic organizations and proponents and
24opponents of a ballot proposition can have only as many
25pollwatchers at any given time as are authorized in this

HB4446- 20 -LRB101 18023 AWJ 67461 b
1Article. A substitute must present his signed credential to the
2judges of election upon entering the polling place. Election
3authorities must provide a sufficient number of credentials to
4allow for substitution of pollwatchers. After the polls have
5closed, pollwatchers shall be allowed to remain until the
6canvass of votes is completed; but may leave and reenter only
7in cases of necessity, provided that such action is not so
8continuous as to disrupt the canvass of votes.
9 Candidates seeking office in a district or municipality
10encompassing 2 or more counties shall be admitted to any and
11all polling places throughout such district or municipality
12without regard to the counties in which such candidates are
13registered to vote. Actions of such candidates shall be
14governed in each polling place by the same privileges and
15limitations that apply to pollwatchers as provided in this
16Section. Any such candidate who engages in an activity in a
17polling place which could reasonably be construed by a majority
18of the judges of election as campaign activity shall be removed
19forthwith from such polling place.
20 Candidates seeking office in a district or municipality
21encompassing 2 or more counties who desire to be admitted to
22polling places on election day in such district or municipality
23shall be required to have proper credentials. Such credentials
24shall be printed in sufficient quantities, shall be issued by
25and under the facsimile signature of the election authority of
26the election jurisdiction where the polling place in which the

HB4446- 21 -LRB101 18023 AWJ 67461 b
1candidate seeks admittance is located, and shall be available
2for distribution at least 2 weeks prior to the election. Such
3credentials shall be signed by the candidate.
4 Candidate credentials shall be in substantially the
5following form:
6
CANDIDATE CREDENTIALS
7 TO THE JUDGES OF ELECTION:
8 In accordance with the provisions of the Election Code, I
9...... (name of candidate) hereby certify that I am a candidate
10for ....... (name of office) and seek admittance to .......
11precinct of the ....... ward (if applicable) of the .......
12(township or municipality) of ....... at the ....... election
13to be held on (insert date).
14......................... .......................
15(Signature of Candidate) OFFICE FOR WHICH
16 CANDIDATE SEEKS
17 NOMINATION OR
18 ELECTION
19 Pollwatchers shall be permitted to observe all proceedings
20and view all reasonably requested records relating to the
21conduct of the election, provided the secrecy of the ballot is
22not impinged, and to station themselves in a position in the
23voting room as will enable them to observe the judges making
24the signature comparison between the voter application and the

HB4446- 22 -LRB101 18023 AWJ 67461 b
1voter registration record card; provided, however, that such
2pollwatchers shall not be permitted to station themselves in
3such close proximity to the judges of election so as to
4interfere with the orderly conduct of the election and shall
5not, in any event, be permitted to handle election materials.
6Pollwatchers may challenge for cause the voting qualifications
7of a person offering to vote and may call to the attention of
8the judges of election any incorrect procedure or apparent
9violations of this Code.
10 If a majority of the judges of election determine that the
11polling place has become too overcrowded with pollwatchers so
12as to interfere with the orderly conduct of the election, the
13judges shall, by lot, limit such pollwatchers to a reasonable
14number, except that each candidate and each established or new
15political party shall be permitted to have at least one
16pollwatcher present.
17 Representatives of an election authority, with regard to an
18election under its jurisdiction, the State Board of Elections,
19and law enforcement agencies, including but not limited to a
20United States Attorney, a State's attorney, a Deputy State's
21Attorney, the Attorney General, and a State, county, or local
22police department, in the performance of their official
23election duties, shall be permitted at all times to enter and
24remain in the polling place. Upon entering the polling place,
25such representatives shall display their official credentials
26or other identification to the judges of election.

HB4446- 23 -LRB101 18023 AWJ 67461 b
1 Uniformed police officers assigned to polling place duty
2shall follow all lawful instructions of the judges of election.
3 The provisions of this Section shall also apply to
4supervised casting of vote by mail ballots as provided in
5Section 19-12.2 of this Act.
6(Source: P.A. 100-1027, eff. 1-1-19.)
7 Section 10. The Counties Code is amended by adding Section
83-9014 as follows:
9 (55 ILCS 5/3-9014 new)
10 Sec. 3-9014. Cook County Office of State's Attorney.
11 (a) Beginning on December 1, 2024, the Office of the
12State's Attorney of Cook County will include 5 elected Deputy
13State's Attorneys and one elected, at large, State's Attorney.
14Beginning with the general election held in 2024 and at each
15succeeding general election, the Deputy State's Attorneys
16shall be elected from 5 districts as follows:
17 (1) District 1: Cook County judicial subcircuit
18 districts 9, 12, and 13.
19 (2) District 2: Cook County judicial subcircuit
20 districts 4, 10, and 11.
21 (3) District 3: Cook County judicial subcircuit
22 districts 6, 7, and 8.
23 (4) District 4: Cook County judicial subcircuit
24 districts 3, 5, and 14.

HB4446- 24 -LRB101 18023 AWJ 67461 b
1 (5) District 5: Cook County judicial subcircuit
2 districts 1, 2, and 15.
3 Each Deputy State's Attorney must be a resident of the
4district to which he or she is elected for at least one year
5prior to the commencement of the term of office. Nomination of
6candidates for each Deputy State's Attorney at the initial and
7each succeeding election shall be made by petition signed in
8the aggregate for each candidate by not less than 1,000
9qualified voters of the district.
10 (b) On and after December 1, 2024, each Deputy State's
11Attorney elected under this Section has the powers and duties
12enumerated for a State's Attorney under the law except those
13powers of the Cook County State's Attorney listed under
14subsection (c).
15 (c) On and after December 1, 2024, the Cook County State's
16Attorney powers and duties are limited to: (i) those duties
17under item (4) of subsection (a) of section 3-9005; (ii) those
18duties under subsection (a) of Section 3-9006, including the
19internal operations of the office of each Deputy State's
20Attorney; (iii) performing the duties of a vacant office of a
21Deputy State's Attorney until the vacancy is filled; and (iv)
22to arbitrate any disputes between Deputy State's Attorneys
23concerning powers, jurisdiction, operations, and negotiate and
24approve any shared operations between two or more offices of
25Deputy State's Attorneys.
26 (d) Vacancies within the office of a Deputy State's

HB4446- 25 -LRB101 18023 AWJ 67461 b
1Attorney shall be filled in the same manner provided to fill
2vacancies of the office of the State's Attorney under this
3Division.
4 (e) Cook County may not organize or operate the Cook County
5Office of the State's Attorney in a manner inconsistent with
6this Section. This Section is a limitation under subsection (i)
7of Section 6 of Article VII of the Illinois Constitution on the
8concurrent exercise by home rule units of powers and functions
9exercised by the State.
feedback