Bill Text: IL SB0063 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Election Code. Provides that the State Board of Elections shall not post the home address of any Supreme, Appellate, or Circuit Judge, or any candidate for Supreme, Appellate, or Circuit Judge, on its website.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-08-26 - Public Act . . . . . . . . . 97-0585 [SB0063 Detail]
Download: Illinois-2011-SB0063-Chaptered.html
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Public Act 097-0585 | ||||
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Circuit Courts Act is amended by changing | ||||
Sections 1 and 2f-9 and by adding Sections 2f-10 and 2f-11 as | ||||
follows:
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(705 ILCS 35/1) (from Ch. 37, par. 72.1)
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Sec. 1. Judicial circuits created. The county of Cook shall | ||||
be one
judicial circuit and the State of
Illinois, exclusive of | ||||
the county of Cook, shall be and is divided into
judicial | ||||
circuits as follows:
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First Circuit--The counties of Alexander, Pulaski, Massac, | ||||
Pope,
Johnson, Union, Jackson, Williamson and Saline.
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Second Circuit--The counties of Hardin, Gallatin, White, | ||||
Hamilton,
Franklin, Wabash, Edwards, Wayne, Jefferson, | ||||
Richland, Lawrence and
Crawford.
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Third Circuit--The counties of Madison and Bond.
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Fourth Circuit--The counties of Clinton, Marion, Clay, | ||||
Fayette,
Effingham, Jasper, Montgomery, Shelby and Christian.
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Fifth Circuit--The counties of Vermilion, Edgar, Clark, | ||||
Cumberland and
Coles.
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Sixth Circuit--The counties of Champaign, Douglas, | ||||
Moultrie, Macon,
DeWitt and Piatt.
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Seventh Circuit--The counties of Sangamon, Macoupin, | ||
Morgan, Scott,
Greene and Jersey.
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Eighth Circuit--The counties of Adams, Schuyler, Mason, | ||
Cass, Brown,
Pike, Calhoun and Menard.
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Ninth Circuit--The counties of Knox, Warren, Henderson, | ||
Hancock,
McDonough and Fulton.
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Tenth Circuit--The counties of Peoria, Marshall, Putnam, | ||
Stark and
Tazewell.
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Eleventh Circuit--The counties of McLean,
Livingston, | ||
Logan, Ford and
Woodford.
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Twelfth Circuit--The county of Will.
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Thirteenth Circuit--The counties of Bureau, LaSalle and | ||
Grundy.
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Fourteenth Circuit--The counties of Rock Island, Mercer, | ||
Whiteside and
Henry.
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Fifteenth Circuit--The counties of JoDaviess, Stephenson, | ||
Carroll, Ogle
and Lee.
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Sixteenth Circuit-- Before December 3, 2012, the counties | ||
of Kane, DeKalb, and Kendall. On and after December 3, 2012, | ||
the County of Kane. The counties of Kane, DeKalb and Kendall.
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Seventeenth Circuit--The counties of Winnebago and Boone.
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Eighteenth Circuit--The county of DuPage.
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Nineteenth Circuit--Before December 4, 2006, the counties | ||
of Lake and
McHenry. On and after December 4, 2006, the County | ||
of Lake.
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Twentieth Circuit--The counties of Randolph, Monroe, St. |
Clair,
Washington and Perry.
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Twenty-first Circuit--The counties of Iroquois and | ||
Kankakee.
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Twenty-second Circuit--On and after December 4, 2006, the | ||
County of
McHenry.
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Twenty-third Circuit--On and after December 3, 2012, the | ||
counties of DeKalb and Kendall. | ||
(Source: P.A. 93-541, eff. 8-18-03.)
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(705 ILCS 35/2f-9) | ||
Sec. 2f-9. 16th judicial circuit; subcircuits. | ||
(a) The 16th circuit shall be divided into 4 5 subcircuits. | ||
Subcircuits 1, 2, and 4 of the 16th circuit in existence on | ||
April 15, 2011 shall continue to use their established | ||
boundaries in the new 16th circuit as of December 3, 2012. | ||
Subcircuit 3 in existence on April 15, 2011 shall continue to | ||
use its established boundary until December 3, 2012. For a | ||
judge elected to subcircuit 3 as of April 15, 2011, the current | ||
boundaries in existence as of April 15, 2011 shall continue | ||
until the conclusion of the existing term of office, following | ||
the 2012 general election, and upon the conclusion of the | ||
existing term of office, the new boundary shall go into effect. | ||
The new boundary for subcircuit 3 shall contain and be made up | ||
of the following townships in the County of Kane, excluding the | ||
portions of the townships currently served by subcircuit 1, 2, | ||
or 4: Aurora, Blackberry, Big Rock, Burlington, Campton, |
Dundee, Elgin, Hampshire, Kaneville, Plato, Rutland, Sugar | ||
Grove, and Virgil. The
subcircuits shall be
compact, | ||
contiguous, and substantially equal in population. The General
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Assembly by law shall
create the subcircuits, using population
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data as
determined by the 2000 federal census, and
shall | ||
determine a numerical order for the 4 5 subcircuits. That
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numerical order shall be the basis for the order in which | ||
resident judgeships
are assigned to
the subcircuits. Once a | ||
resident judgeship is assigned to a subcircuit, it
shall | ||
continue to be assigned to that subcircuit for all purposes.
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(b) (Blank). Of the 16th circuit's 16 circuit judgeships | ||
existing on April 7, 2005 (7 at large and
9 resident), but not | ||
including the 3 resident judgeships added by this amendatory | ||
Act of the 96th General Assembly, 5 of the 9 resident | ||
judgeships shall be allotted as 16th circuit resident | ||
judgeships under
subsection (c) as (i) the first resident | ||
judgeship of DeKalb County, (ii) the first resident judgeship | ||
of Kendall County, and (iii) the first 2 resident judgeships
of | ||
Kane County are or become vacant on or after the effective date | ||
of this amendatory Act of the 93rd General Assembly, and (iv) | ||
the first resident judgeship of Kane County (in addition to the | ||
2 vacancies under item (iii)) is or becomes vacant after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly. These 5 resident subcircuit judgeships and the | ||
remaining 7 resident judgeships shall constitute all of the | ||
resident judgeships of the 16th circuit. As used in this |
subsection, a vacancy does not include the
expiration of a term | ||
of a resident judge who seeks
retention in that office at the | ||
next term.
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(c) The Supreme Court shall allot the first eligible DeKalb | ||
County vacancy, the first eligible Kendall County vacancy, and | ||
the first 3 eligible Kane County vacancies in resident | ||
judgeships of the 16th circuit as provided in subsection (b),
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for election from the
various
subcircuits. The judgeships shall | ||
be assigned to the subcircuits based upon the numerical order | ||
of the 5 subcircuits. No resident judge of the 16th circuit | ||
serving on
the effective date of this amendatory Act of the | ||
93rd General Assembly shall be
required to change his or her | ||
residency in order to continue serving in office
or
to seek | ||
retention in office as judgeships are allotted by the
Supreme | ||
Court in accordance with this Section.
No resident judge | ||
elected from a subcircuit serving on the effective date of this | ||
amendatory Act of the 97th General Assembly shall be required | ||
to change his or her residency in order to continue serving in | ||
or to seek retention in office until the 2012 general election, | ||
or until the conclusion of the existing term. | ||
(d) A resident judge elected from a subcircuit shall | ||
continue to reside in
that
subcircuit as long as he or she | ||
holds that office.
A resident judge elected from a subcircuit | ||
after January 1, 2008, must retain residency as a registered | ||
voter in the subcircuit to run for retention from the circuit | ||
at large thereafter.
A resident judge elected from a subcircuit |
after January 1, 2011, must retain residency as a registered | ||
voter in the subcircuit to run for retention from the circuit | ||
at large thereafter. | ||
(e) Vacancies in resident judgeships of the 16th circuit | ||
shall be
filled
in the manner provided in Article VI of the | ||
Illinois Constitution.
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(Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.)
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(705 ILCS 35/2f-10 new) | ||
Sec. 2f-10. 16th and 23rd judicial circuits. | ||
(a) On December 3, 2012, the 16th judicial circuit is | ||
divided into the 16th and 23rd judicial circuits as provided in | ||
Section 1 of the Circuit Courts Act. This division does not | ||
invalidate any action taken by the 16th judicial circuit or any | ||
of its judges, officers, employees, or agents before December | ||
3, 2012. This division does not affect any person's rights, | ||
obligations, or duties, including applicable civil and | ||
criminal penalties, arising out of any action taken by the 16th | ||
judicial circuit or any of its judges, officers, employees, or | ||
agents before December 3, 2012. | ||
(b) The 16th circuit shall have one additional resident | ||
judgeship to be allotted by the Supreme Court under subsection | ||
(d). The additional resident judgeship shall be filled by | ||
election beginning at the 2012 general election. | ||
(c) The 16th circuit shall have an additional resident | ||
judgeship from Kendall County to be allotted by the Supreme |
Court. The additional judgeship shall be filled by election | ||
beginning at the 2012 general election. This judgeship shall | ||
become a resident judgeship from Kendall County in the 23rd | ||
circuit on December 3, 2012. | ||
(d) The Supreme Court shall allot: (i) all vacancies in at | ||
large judgeships or resident judgeships from the County of Kane | ||
of the 16th circuit existing on or occurring on or after the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly, excluding the vacancy in subsection (e); and (ii) the | ||
one resident judgeship added by subsection (b), for election | ||
from the various subcircuits until there are 2 resident judges | ||
to be elected from each subcircuit. The additional resident | ||
judgeship added by subsection (b) that shall be filled by | ||
election beginning at the 2012 general election shall be | ||
assigned to subcircuit 2. The Supreme Court may fill the | ||
judgeship by appointment prior to the 2012 general election. | ||
The vacancies allotted by the Supreme Court under this | ||
subsection shall become resident judgeships of the 16th circuit | ||
to be assigned to the 3rd, 1st, and 4th subcircuits in that | ||
order. Subcircuit judgeships in the 3rd, 1st, and 4th | ||
subcircuits shall be filled by election as vacancies occur. No | ||
resident judge of the 16th circuit serving on the effective | ||
date of this amendatory Act of the 97th General Assembly shall | ||
be required to change his or her residency in order to continue | ||
serving in office or to seek retention in office as resident | ||
judgeships are allotted by the Supreme Court in accordance with |
this Section. As used in this subsection, a vacancy does not | ||
include the expiration of a term of an at large judge or of a | ||
resident judge who intends to seek retention in that office at | ||
the next term. | ||
(e) The Supreme Court shall assign to the 16th circuit the | ||
7 circuit judgeships elected at large in the 16th circuit | ||
before and at the 2012 general election. The 3 resident | ||
judgeships elected from Kane County before the 2012 general | ||
election shall become at large circuit judgeships on December | ||
3, 2012. An individual seeking election to one of the 7 | ||
judgeships at large or a judge seeking retention to one of the | ||
7 judgeships at large at the 2012 general election shall seek | ||
election or retention solely within the boundaries of Kane | ||
County.
The 7 circuit judgeships assigned to the 16th circuit | ||
shall continue to be elected at large, and the 3 resident | ||
judges shall be elected at large at the first general election | ||
following the expiration of a term of office. Of the 7 circuit | ||
judgeships elected at large as of April 15, 2011, and the 3 | ||
resident judgeships elected from Kane County before the general | ||
election of 2012 converting to at large judgeships on December | ||
3, 2012, the first vacancy occurring after December 3, 2012 | ||
shall be assigned to the 23rd circuit as a Kendall County | ||
resident judge. As used in this subsection, a vacancy does not | ||
include the expiration of a term of an at large judge or of a | ||
resident judge who intends to seek retention in that office at | ||
the next term. |
(f) The 3 resident judgeships elected from DeKalb County | ||
before the 2012 general election shall become resident | ||
judgeships from DeKalb County in the 23rd circuit on December | ||
3, 2012, and the 2 resident judgeships elected from Kendall | ||
County before the 2012 general election shall become resident | ||
judgeships from Kendall County in the 23rd circuit on December | ||
3, 2012. | ||
(g) The 4 subcircuit judgeships of the 16th circuit elected | ||
as of April 15, 2011, shall become the 4 subcircuit judgeships | ||
of the 16th circuit as established in Section 2f-9. The | ||
remaining unfilled subcircuit judgeship of the 16th circuit as | ||
of April 15, 2011 shall be eliminated. If the judgeship of the | ||
5th subcircuit of the 16th circuit is filled prior to the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly, that judgeship shall be eliminated on December 3, | ||
2012. | ||
(h) On December 3, 2012, the Supreme Court shall allocate | ||
the associate judgeships of the 16th circuit before that date | ||
between the 16th and 23rd circuits. The number of associate | ||
judges allocated to the 23rd circuit shall be no less than 5. | ||
(i) On December 3, 2012, the Supreme Court shall allocate | ||
personnel, books, records, documents, property (real and | ||
personal), funds, assets, liabilities, and pending matters | ||
concerning the 16th circuit before that date between the 16th | ||
and 23rd circuits based on the population and staffing needs of | ||
those circuits and the efficient and proper administration of |
the judicial system. The rights of employees under applicable | ||
collective bargaining agreements are not affected by this | ||
amendatory Act of the 97th General Assembly. | ||
(j) The judgeships set forth in this Section include the | ||
judgeships authorized under Sections 2g, 2h, 2j, 2k, 2m, and | ||
2n. The judgeships authorized in those Sections are not in | ||
addition to those set forth in this Section.
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(705 ILCS 35/2f-11 new) | ||
Sec. 2f-11. 23rd judicial circuit. | ||
(a) The 23rd circuit shall have a total of 6 resident | ||
judgeships (5 resident judgeships existing on the effective | ||
date of this amendatory Act of the 97th General Assembly and | ||
the resident judgeship for Kendall County created by the first | ||
vacancy of an at large resident judgeship or resident judgeship | ||
in the new 16th circuit). | ||
(b) Vacancies in resident judgeships of the 23rd circuit | ||
shall be filled in the manner provided in Article VI of the | ||
Illinois Constitution.
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