Bill Text: IL HB5497 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that each election precinct shall contain 1,200 voters (now, 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). Provides that, in a city with fewer than 500,000 inhabitants, if any election precinct casts more than 1,500 votes (now, 800 votes) at 2 consecutive general elections, the state's attorney shall apply to the Circuit Court to compel the board to divide the precinct. Provides that, in a city with more than 500,000 inhabitants, if any election precinct casts more than 1,200 votes (now, 600 votes) at 2 consecutive general elections, the state's attorney shall apply to the Circuit Court to compel the board to divide the precinct. Effective July 1, 2012.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5497 Detail]

Download: Illinois-2011-HB5497-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5497 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED:
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
Amends the Election Code. Provides that each election precinct shall contain 1,200 voters (now, 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). Provides that, in a city with fewer than 500,000 inhabitants, if any election precinct casts more than 1,500 votes (now, 800 votes) at 2 consecutive general elections, the state's attorney shall apply to the Circuit Court to compel the board to divide the precinct. Provides that, in a city with more than 500,000 inhabitants, if any election precinct casts more than 1,200 votes (now, 600 votes) at 2 consecutive general elections, the state's attorney shall apply to the Circuit Court to compel the board to divide the precinct. Effective July 1, 2012.
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A BILL FOR
HB5497 LRB097 18241 PJG 63467 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 11-2, 11-3, and 11-5 as follows:
(10 ILCS 5/11-2) (from Ch. 46, par. 11-2)
Sec. 11-2. The County Board in each county, except in
counties having a population of 3,000,000 inhabitants or over,
shall, at its regular meeting in June, divide its election
precincts which contain more than 1,500 800 voters, into
election districts so that each district shall contain, as near
as may be practicable, 1,200 500 voters, and not more in any
case than 1,300 800. Whenever the County Board ascertains that
any election precinct contains more than 1,300 600 registered
voters, it may divide such precinct, at its regular meeting in
June, into election precincts so that each precinct shall
contain, as nearly as may be practicable, 1,200 500 voters.
Insofar as is practicable, each precinct shall be situated
within a single congressional, legislative and representative
district and in not more than one County Board district and one
municipal ward. In order to situate each precinct within a
single district or ward, the County Board shall change the
boundaries of election precincts after each decennial census as

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soon as is practicable following the completion of
congressional and legislative redistricting. In determining
whether a division of precincts should be made, the county
board may anticipate increased voter registration in any
precinct in which there is in progress new construction of
dwelling units which will be occupied by voters more than 30
days before the next election. Each district shall be composed
of contiguous territory in as compact form as can be for the
convenience of the electors voting therein. The several county
boards in establishing districts shall describe them by metes
and bounds and number them. And so often thereafter as it shall
appear by the number of votes cast at the general election held
in November of any year, that any election district or
undivided election precinct contains more than 1,500 800
voters, the County Board of the county in which the district or
precinct may be, shall at its regular meeting in June, or an
adjourned meeting in July next, after such November election,
redivide or readjust such election district or election
precinct, so that no district or election precinct shall
contain more than the number of votes above specified. If for
any reason the County Board fails in any year to redivide or
readjust the election districts or election precinct, then the
districts or precincts as then existing shall continue until
the next regular June meeting of the County Board; at which
regular June meeting or an adjourned meeting in July the County
Board shall redivide or readjust the election districts or

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election precincts in manner as herein required. When at any
meeting of the County Board any redivision, readjustment or
change in name or number of election districts or election
precincts is made by the County Board, the County Clerk shall
immediately notify the State Board of Elections of such
redivision, readjustment or change. The County Board in every
case shall fix and establish the places for holding elections
in its respective county and all elections shall be held at the
places so fixed. The polling places shall in all cases be upon
the ground floor in the front room, the entrance to which is in
a highway or public street which is at least 40 feet wide, and
is as near the center of the voting population of the precinct
as is practicable, and for the convenience of the greatest
number of electors to vote thereat; provided, however, where
the County Board is unable to secure a suitable polling place
within the boundaries of a precinct, it may select a polling
place at the most conveniently located suitable place outside
the precinct; but in no case shall an election be held in any
room used or occupied as a saloon, dramshop, bowling alley or
as a place of resort for idlers and disreputable persons,
billiard hall or in any room connected therewith by doors or
hallways. No person shall be permitted to vote at any election
except at the polling place for the precinct in which he
resides, except as otherwise provided in this Section or
Article 19 of this Act. In counties having a population of
3,000,000 inhabitants or over the County Board shall divide its

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election precincts and shall fix and establish places for
holding elections as hereinbefore provided during the month of
January instead of at its regular meeting in June or at an
adjourned meeting in July.
However, in the event that additional divisions of election
precincts are indicated after a division made by the County
Board in the month of January, such additional divisions may be
made by the County Board in counties having a population of
3,000,000 inhabitants or over, at the regular meeting in June
or at adjourned meeting in July. The county board of such
county may divide or readjust precincts at any meeting of the
county board when the voter registration in a precinct has
increased beyond 1,500 800 and an election is scheduled before
the next regular January or June meeting of the county board.
When in any city, village or incorporated town territory
has been annexed thereto or disconnected therefrom, which
annexation or disconnection becomes effective after election
precincts or election districts have been established as above
provided in this Section, the clerk of the municipality shall
inform the county clerk thereof as provided in Section 4-21,
5-28.1, or 6-31.1, whichever is applicable. In the event that a
regular meeting of the County Board is to be held after such
notification and before any election, the County Board shall,
at its next regular meeting establish new election precinct
lines in affected territory. In the event that no regular
meeting of the County Board is to be held before such election

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the county clerk shall, within 5 days after being so informed,
call a special meeting of the county board on a day fixed by
him not more than 20 days thereafter for the purpose of
establishing election precincts or election districts in the
affected territory for the ensuing elections.
At any consolidated primary or consolidated election at
which municipal officers are to be elected, and at any
emergency referendum at which a public question relating to a
municipality is to be voted on, notwithstanding any other
provision of this Code, the election authority shall establish
a polling place within such municipality, upon the request of
the municipal council or board of trustees at least 60 days
before the election and provided that the municipality provides
a suitable polling place. To accomplish this purpose, the
election authority may establish an election precinct
constituting a single municipality of under 500 population for
all elections, notwithstanding the minimum precinct size
otherwise specified herein.
Notwithstanding the above, when there are no more than 50
registered voters in a precinct who are entitled to vote in a
local government or school district election, the election
authority having jurisdiction over the precinct is authorized
to reassign such voters to one or more polling places in
adjacent precincts, within or without the election authority's
jurisdiction, for that election. For the purposes of such local
government or school district election only, the votes of the

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reassigned voters shall be tallied and canvassed as votes from
the precinct of the polling place to which such voters have
been reassigned. The election authority having jurisdiction
over the precinct shall approve all administrative and polling
place procedures. Such procedures shall take into account voter
convenience, and ensure that the integrity of the election
process is maintained and that the secrecy of the ballot is not
violated.
Except in the event of a fire, flood or total loss of heat
in a place fixed or established by any county board or election
authority pursuant to this Section as a polling place for an
election, no election authority shall change the location of a
polling place so established for any precinct after notice of
the place of holding the election for that precinct has been
given as required under Article 12 unless the election
authority notifies all registered voters in the precinct of the
change in location by first class mail in sufficient time for
such notice to be received by the registered voters in the
precinct at least one day prior to the date of the election.
The provisions of this Section apply to all precincts,
including those where voting machines or electronic voting
systems are used.
(Source: P.A. 86-867.)
(10 ILCS 5/11-3) (from Ch. 46, par. 11-3)
Sec. 11-3. It shall be the duty of the Board of

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Commissioners established by Article 6 of this Act, within 2
months after its first organization, to divide the city,
village or incorporated town which may adopt or is operating
under Article 6, into election precincts, each of which shall
be situated within a single congressional, legislative and
representative district insofar as is practicable and in not
more than one County Board district and one municipal ward; in
order to situate each precinct within a single district or
ward, the Board of Election Commissioners shall change the
boundaries of election precincts after each decennial census as
soon as is practicable following the completion of
congressional and legislative redistricting and such precincts
shall contain as nearly as practicable 1,200 600 qualified
voters, and in making such division and establishing such
precincts such board shall take as a basis the poll books, or
the number of votes cast at the previous presidential election.
Within 90 days after each presidential election, such board in
a city with fewer than 500,000 inhabitants, village or
incorporated town shall revise and rearrange such precincts on
the basis of the votes cast at such election, making such
precincts to contain, as near as practicable, 1,200 600 actual
voters; but at any time in all instances where the vote cast at
any precinct, at any election, equals 1,500 800, there must be
a rearrangement so as to reduce the vote to the standard of
1,200 600 as near as may be. However, any apartment building in
which more than 1,200 800 registered voters reside may be made

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a single precinct even though the vote in such precinct exceeds
1,200 800. Within 90 days after each presidential election, a
board in a city with more than 500,000 inhabitants shall revise
and rearrange such precincts on the basis of the votes cast at
such election, making such precincts to contain, as near as
practicable, 1,200 400 actual voters; but at any time in all
instances where the vote cast at any precinct, at any election,
equals 1,500 600, there must be a rearrangement so as to reduce
the vote to the standard of 1,200 400 as near as may be.
However, any apartment building in which more than 1,200 600
registered voters reside may be made a single precinct even
though the vote in such precinct exceeds 1,200 600.
Immediately after the annexation of territory to the city,
village or incorporated town becomes effective the Board of
Election Commissioners shall revise and rearrange election
precincts therein to include such annexed territory.
Provided, however, that at any election where but one
candidate is nominated and is to be voted upon at any election
held in any political subdivision of a city, village or
incorporated town, the Board of Election Commissioners shall
have the power in such political subdivision to determine the
number of voting precincts to be established in such political
subdivision at such election, without reference to the number
of qualified voters therein. The precincts in each ward,
village or incorporated town shall be numbered from one
upwards, consecutively, with no omission.

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The provisions of this Section apply to all precincts,
including those where voting machines or electronic voting
systems are used.
(Source: P.A. 84-1308.)
(10 ILCS 5/11-5) (from Ch. 46, par. 11-5)
Sec. 11-5. If any election district or precinct subject to
the jurisdiction of a county board or a board of election
commissioners in a city with fewer than 500,000 inhabitants,
village or incorporated town casts more than 1,500 800 votes
each at two consecutive general November elections for State
officers, the state's attorney, upon the request of an elector
in any such district or precinct, shall apply to the Circuit
Court for relief by mandamus to compel the appropriate board to
divide such district or precinct as required by law. Any relief
so granted shall not apply to any election occurring within 60
days thereafter. If any election precinct subject to the
jurisdiction of a board of election commissioners in a city
with more than 500,000 inhabitants casts more than 1,200 600
votes at each of the two consecutive general November elections
for State officers, the state's attorney, upon the request of
an elector in any such precinct, shall apply to the Circuit
Court for relief by mandamus to compel the appropriate board to
divide such precinct as required by law. Any relief so granted
shall not apply to any election occurring within 60 days
thereafter.

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(Source: P.A. 84-323.)
Section 99. Effective date. This Act takes effect July 1,
2012.