Bill Text: IL SB0536 | 2021-2022 | 102nd General Assembly | Chaptered


Bill Title: Amends the Election Code. Provides that applicants for voter registration may select "male", "female", or "non-binary" when designating the applicant's sex on a voter registration form. Makes changes concerning 2022 general primary election and general election dates and signature requirements. Makes changes concerning election precincts. Provides that a polling place that is accessible to voters with disabilities and elderly voters shall include at least one voting booth that is wheelchair accessible. In provisions concerning limitations on campaign contributions for a candidate political committee for a candidate seeking nomination to the Supreme Court, Appellate Court, or Circuit Court, provides that the political committee may not accept contributions from any group that is not required by law to disclose the identity of its contributors or accept contributions from any out-of-state source. Provides that "contribution" includes expenditures made by any person in concert or cooperation with, or at the request or suggestion of, a candidate, his or her designated committee, or their agents and the financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his or her campaign committee, or their designated agents. Prohibits the making and accepting of anonymous contributions. Provides that contributions made through dues, levies, or similar assessments paid by any natural person, corporation, labor organization, or association that exceed $1,000 (currently $500) in a quarterly reporting period shall be itemized on the political action committee's quarterly report. Makes other changes. Amends the Legislative Commission Reorganization Act of 1984. Makes changes concerning a prohibition on the Legislative Printing Unit printing newsletters or brochures for members of the General Assembly. Amends the Counties Code. In provisions concerning county apportionment commissions for the reapportionment of 2021, provides that the county board shall complete the reapportionment by December 31 (currently, the third Wednesday in November). Amends the Downstate Forest Preserve District Act. Provides that commissioners of a forest preserve district shall be elected from districts, as determined by the board of commissioners. Contains provisions concerning reapportionment. Amends the Circuit Courts Act. Provides that the boundaries of the subcircuits in certain judicial circuits shall be redrawn in 2022 (currently, in 2021). Effective immediately.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Passed) 2021-11-15 - Public Act . . . . . . . . . 102-0668 [SB0536 Detail]

Download: Illinois-2021-SB0536-Chaptered.html



Public Act 102-0668
SB0536 EnrolledLRB102 12960 SMS 18303 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 1A-16, 2A-1.1b, 9-8.5, 9-10, 11-2, 11-3, 11-4.2,
11-8, 19-2, 19-2.5, and 19-6 and by adding Section 1-19 as
follows:
(10 ILCS 5/1-19 new)
Sec. 1-19. Access to Voting for Persons with Disabilities
Advisory Task Force.
(a) The Access to Voting for Persons with Disabilities
Advisory Task Force is hereby created to review current laws
and make recommendations to improve access to voting for
persons with disabilities. Members of the Task Force shall be
appointed as follows:
(1) Three members appointed by the Governor, one of
whom shall serve as chair, and at least one with
experience representing or working with persons with
physical disabilities and one with experience representing
or working with person with neurological or mental
disabilities;
(2) Three members appointed by the President of the
Senate, including at least one attorney with election law
experience;
(3) Three members appointed by the Senate Minority
Leader, including at least one attorney with election law
experience;
(4) Three members appointed by the Speaker of the
House of Representatives, including at least one attorney
with election law experience;
(5) Three members appointed by the Minority Leader of
the House of Representatives, including at least one
attorney with election law experience.
(b) The Task Force shall hold a minimum of 4 meetings. No
later than August 1, 2022, the Task Force shall produce and the
State Board of Elections shall publish on its website a report
with a summary of the laws and resources available for persons
with disabilities seeking to exercise their right to vote. The
Task Force shall produce a report with recommendations for
changes to current law or recommendations for election
authorities submit the report to the Governor and General
Assembly no later than December 15, 2022.
(c) The Members shall serve without compensation. If a
vacancy occurs on the Task Force, it shall be filled according
to the guidelines of the initial appointment. At the
discretion of the chair, additional individuals may
participate as non-voting members in the meetings of the Task
Force.
(d) The State Board of Elections shall provide staff and
administrative support to the Task Force.
(e) This Section is repealed on January 1, 2024.
(10 ILCS 5/1A-16)
(Text of Section before amendment by P.A. 102-292)
Sec. 1A-16. Voter registration information; Internet
posting; processing of voter registration forms; content of
such forms. Notwithstanding any law to the contrary, the
following provisions shall apply to voter registration under
this Code.
(a) Voter registration information; Internet posting of
voter registration form. Within 90 days after August 21, 2003
(the effective date of Public Act 93-574), the State Board of
Elections shall post on its World Wide Web site the following
information:
(1) A comprehensive list of the names, addresses,
phone numbers, and websites, if applicable, of all county
clerks and boards of election commissioners in Illinois.
(2) A schedule of upcoming elections and the deadline
for voter registration.
(3) A downloadable, printable voter registration form,
in at least English and in Spanish versions, that a person
may complete and mail or submit to the State Board of
Elections or the appropriate county clerk or board of
election commissioners.
Any forms described under paragraph (3) must state the
following:
If you do not have a driver's license or social
security number, and this form is submitted by mail, and
you have never registered to vote in the jurisdiction you
are now registering in, then you must send, with this
application, either (i) a copy of a current and valid
photo identification, or (ii) a copy of a current utility
bill, bank statement, government check, paycheck, or other
government document that shows the name and address of the
voter. If you do not provide the information required
above, then you will be required to provide election
officials with either (i) or (ii) described above the
first time you vote at a voting place.
(b) Acceptance of registration forms by the State Board of
Elections and county clerks and board of election
commissioners. The State Board of Elections, county clerks,
and board of election commissioners shall accept all completed
voter registration forms described in subsection (a)(3) of
this Section and Sections 1A-17 and 1A-30 that are:
(1) postmarked on or before the day that voter
registration is closed under this Code;
(2) not postmarked, but arrives no later than 5 days
after the close of registration;
(3) submitted in person by a person using the form on
or before the day that voter registration is closed under
this Code; or
(4) submitted in person by a person who submits one or
more forms on behalf of one or more persons who used the
form on or before the day that voter registration is
closed under this Code.
Upon the receipt of a registration form, the State Board
of Elections shall mark the date on which the form was received
and send the form via first class mail to the appropriate
county clerk or board of election commissioners, as the case
may be, within 2 business days based upon the home address of
the person submitting the registration form. The county clerk
and board of election commissioners shall accept and process
any form received from the State Board of Elections.
(c) Processing of registration forms by county clerks and
boards of election commissioners. The county clerk or board of
election commissioners shall promulgate procedures for
processing the voter registration form.
(d) Contents of the voter registration form. The State
Board shall create a voter registration form, which must
contain the following content:
(1) Instructions for completing the form.
(2) A summary of the qualifications to register to
vote in Illinois.
(3) Instructions for mailing in or submitting the form
in person.
(4) The phone number for the State Board of Elections
should a person submitting the form have questions.
(5) A box for the person to check that explains one of
3 reasons for submitting the form:
(a) new registration;
(b) change of address; or
(c) change of name.
(6) a box for the person to check yes or no that asks,
"Are you a citizen of the United States?", a box for the
person to check yes or no that asks, "Will you be 18 years
of age on or before election day?", and a statement of "If
you checked 'no' in response to either of these questions,
then do not complete this form.".
(7) A space for the person to fill in his or her home
telephone number.
(8) Spaces for the person to fill in his or her first,
middle, and last names, street address (principal place of
residence), county, city, state, and zip code.
(9) Spaces for the person to fill in his or her mailing
address, city, state, and zip code if different from his
or her principal place of residence.
(10) A space for the person to fill in his or her
Illinois driver's license number if the person has a
driver's license.
(11) A space for a person without a driver's license
to fill in the last four digits of his or her social
security number if the person has a social security
number.
(12) A space for a person without an Illinois driver's
license to fill in his or her identification number from
his or her State Identification card issued by the
Secretary of State.
(13) A space for the person to fill the name appearing
on his or her last voter registration, the street address
of his or her last registration, including the city,
county, state, and zip code.
(14) A space where the person swears or affirms the
following under penalty of perjury with his or her
signature:
(a) "I am a citizen of the United States.";
(b) "I will be at least 18 years old on or before
the next election.";
(c) "I will have lived in the State of Illinois and
in my election precinct at least 30 days as of the date
of the next election."; and
(d) "The information I have provided is true to
the best of my knowledge under penalty of perjury. If I
have provided false information, then I may be fined,
imprisoned, or, if I am not a U.S. citizen, deported
from or refused entry into the United States.".
(15) A space for the person to fill in his or her
e-mail address if he or she chooses to provide that
information.
(d-5) Compliance with federal law; rulemaking authority.
The voter registration form described in this Section shall be
consistent with the form prescribed by the Federal Election
Commission under the National Voter Registration Act of 1993,
P.L. 103-31, as amended from time to time, and the Help America
Vote Act of 2002, P.L. 107-252, in all relevant respects. The
State Board of Elections shall periodically update the form
based on changes to federal or State law. The State Board of
Elections shall promulgate any rules necessary for the
implementation of this Section; provided that the rules
comport with the letter and spirit of the National Voter
Registration Act of 1993 and Help America Vote Act of 2002 and
maximize the opportunity for a person to register to vote.
(d-10) No later than 90 days after the 2022 general
election, the State Board of Elections shall permit applicants
to choose between "male", "female", or "non-binary" when
designating the applicant's sex on the voter registration
form.
(e) Forms available in paper form. The State Board of
Elections shall make the voter registration form available in
regular paper stock and form in sufficient quantities for the
general public. The State Board of Elections may provide the
voter registration form to the Secretary of State, county
clerks, boards of election commissioners, designated agencies
of the State of Illinois, and any other person or entity
designated to have these forms by this Code in regular paper
stock and form or some other format deemed suitable by the
Board. Each county clerk or board of election commissioners
has the authority to design and print its own voter
registration form so long as the form complies with the
requirements of this Section. The State Board of Elections,
county clerks, boards of election commissioners, or other
designated agencies of the State of Illinois required to have
these forms under this Code shall provide a member of the
public with any reasonable number of forms that he or she may
request. Nothing in this Section shall permit the State Board
of Elections, county clerk, board of election commissioners,
or other appropriate election official who may accept a voter
registration form to refuse to accept a voter registration
form because the form is printed on photocopier or regular
paper stock and form.
(f) (Blank).
(Source: P.A. 100-863, eff. 8-14-18.)
(Text of Section after amendment by P.A. 102-292)
Sec. 1A-16. Voter registration information; Internet
posting; processing of voter registration forms; content of
such forms. Notwithstanding any law to the contrary, the
following provisions shall apply to voter registration under
this Code.
(a) Voter registration information; Internet posting of
voter registration form. Within 90 days after August 21, 2003
(the effective date of Public Act 93-574), the State Board of
Elections shall post on its World Wide Web site the following
information:
(1) A comprehensive list of the names, addresses,
phone numbers, and websites, if applicable, of all county
clerks and boards of election commissioners in Illinois.
(2) A schedule of upcoming elections and the deadline
for voter registration.
(3) A downloadable, printable voter registration form,
in at least English and in Spanish versions, that a person
may complete and mail or submit to the State Board of
Elections or the appropriate county clerk or board of
election commissioners.
Any forms described under paragraph (3) must state the
following:
If you do not have a driver's license or social
security number, and this form is submitted by mail, and
you have never registered to vote in the jurisdiction you
are now registering in, then you must send, with this
application, either (i) a copy of a current and valid
photo identification, or (ii) a copy of a current utility
bill, bank statement, government check, paycheck, or other
government document that shows the name and address of the
voter. If you do not provide the information required
above, then you will be required to provide election
officials with either (i) or (ii) described above the
first time you vote at a voting place.
(b) Acceptance of registration forms by the State Board of
Elections and county clerks and board of election
commissioners. The State Board of Elections, county clerks,
and board of election commissioners shall accept all completed
voter registration forms described in subsection (a)(3) of
this Section and Section 1A-17 and voter registration forms
created under Section 30 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act that are:
(1) postmarked on or before the day that voter
registration is closed under this Code;
(2) not postmarked, but arrives no later than 5 days
after the close of registration;
(3) submitted in person by a person using the form on
or before the day that voter registration is closed under
this Code; or
(4) submitted in person by a person who submits one or
more forms on behalf of one or more persons who used the
form on or before the day that voter registration is
closed under this Code.
Upon the receipt of a registration form, the State Board
of Elections shall mark the date on which the form was received
and send the form via first class mail to the appropriate
county clerk or board of election commissioners, as the case
may be, within 2 business days based upon the home address of
the person submitting the registration form. The county clerk
and board of election commissioners shall accept and process
any form received from the State Board of Elections.
(c) Processing of registration forms by county clerks and
boards of election commissioners. The county clerk or board of
election commissioners shall promulgate procedures for
processing the voter registration form.
(d) Contents of the voter registration form. The State
Board shall create a voter registration form, which must
contain the following content:
(1) Instructions for completing the form.
(2) A summary of the qualifications to register to
vote in Illinois.
(3) Instructions for mailing in or submitting the form
in person.
(4) The phone number for the State Board of Elections
should a person submitting the form have questions.
(5) A box for the person to check that explains one of
3 reasons for submitting the form:
(a) new registration;
(b) change of address; or
(c) change of name.
(6) a box for the person to check yes or no that asks,
"Are you a citizen of the United States?", a box for the
person to check yes or no that asks, "Will you be 18 years
of age on or before election day?", and a statement of "If
you checked 'no' in response to either of these questions,
then do not complete this form.".
(7) A space for the person to fill in his or her home
telephone number.
(8) Spaces for the person to fill in his or her first,
middle, and last names, street address (principal place of
residence), county, city, state, and zip code.
(9) Spaces for the person to fill in his or her mailing
address, city, state, and zip code if different from his
or her principal place of residence.
(10) A space for the person to fill in his or her
Illinois driver's license number if the person has a
driver's license.
(11) A space for a person without a driver's license
to fill in the last four digits of his or her social
security number if the person has a social security
number.
(12) A space for a person without an Illinois driver's
license to fill in his or her identification number from
his or her State Identification card issued by the
Secretary of State.
(13) A space for the person to fill the name appearing
on his or her last voter registration, the street address
of his or her last registration, including the city,
county, state, and zip code.
(14) A space where the person swears or affirms the
following under penalty of perjury with his or her
signature:
(a) "I am a citizen of the United States.";
(b) "I will be at least 18 years old on or before
the next election.";
(c) "I will have lived in the State of Illinois and
in my election precinct at least 30 days as of the date
of the next election."; and
(d) "The information I have provided is true to
the best of my knowledge under penalty of perjury. If I
have provided false information, then I may be fined,
imprisoned, or, if I am not a U.S. citizen, deported
from or refused entry into the United States.".
(15) A space for the person to fill in his or her
e-mail address if he or she chooses to provide that
information.
(d-5) Compliance with federal law; rulemaking authority.
The voter registration form described in this Section shall be
consistent with the form prescribed by the Federal Election
Commission under the National Voter Registration Act of 1993,
P.L. 103-31, as amended from time to time, and the Help America
Vote Act of 2002, P.L. 107-252, in all relevant respects. The
State Board of Elections shall periodically update the form
based on changes to federal or State law. The State Board of
Elections shall promulgate any rules necessary for the
implementation of this Section; provided that the rules
comport with the letter and spirit of the National Voter
Registration Act of 1993 and Help America Vote Act of 2002 and
maximize the opportunity for a person to register to vote.
(d-10) No later than 90 days after the 2022 general
election, the State Board of Elections shall permit applicants
to choose between "male", "female", or "non-binary" when
designating the applicant's sex on the voter registration
form.
(e) Forms available in paper form. The State Board of
Elections shall make the voter registration form available in
regular paper stock and form in sufficient quantities for the
general public. The State Board of Elections may provide the
voter registration form to the Secretary of State, county
clerks, boards of election commissioners, designated agencies
of the State of Illinois, and any other person or entity
designated to have these forms by this Code in regular paper
stock and form or some other format deemed suitable by the
Board. Each county clerk or board of election commissioners
has the authority to design and print its own voter
registration form so long as the form complies with the
requirements of this Section. The State Board of Elections,
county clerks, boards of election commissioners, or other
designated agencies of the State of Illinois required to have
these forms under this Code shall provide a member of the
public with any reasonable number of forms that he or she may
request. Nothing in this Section shall permit the State Board
of Elections, county clerk, board of election commissioners,
or other appropriate election official who may accept a voter
registration form to refuse to accept a voter registration
form because the form is printed on photocopier or regular
paper stock and form.
(f) (Blank).
(Source: P.A. 102-292, eff. 1-1-22.)
(10 ILCS 5/2A-1.1b)
(Section scheduled to be repealed on January 1, 2023)
Sec. 2A-1.1b. 2022 general primary election and general
election dates.
(a) In addition to the provisions of this Code and
notwithstanding any other law to the contrary, the provisions
in this Section shall govern the dates for the conduct of the
2022 general primary election and for preparing for the 2022
general election. The provisions of this Code shall control
any aspect of the administration or conduct of the 2022
general primary election and 2022 general election that is not
provided for in this Section, provided that in the event of
conflict between this Section and any other provision of this
Code or any other law, the provisions of this Section shall
control. The provisions of this Section shall apply to all
election authorities, including, but not limited to, those
under the jurisdiction of a Board of Election Commissioners.
The provisions of this Section shall apply for the dates for
the 2022 general primary election and the 2022 general
election only and the provisions of this amendatory Act of the
102nd General Assembly shall be in effect through December 31,
2022.
(b) Petitions for nomination for the general primary
election may begin circulation on January 13, 2022. All
petitions for nomination of an established party candidate for
statewide office shall be signed by at least 3,250 but not more
than 6,500 of the qualified primary electors of the
candidate's party. All petitions for nomination of an
established party candidate for the office of Representative
in the General Assembly shall be signed by at least 400 but not
more than 1,000 of the qualified primary electors of the
candidate's party in the candidate's representative district.
All petitions for nomination of an established party candidate
for the office of State Senator shall be signed by at least 650
but not more than 2,000 of the qualified primary electors of
the candidate's party in the candidate's legislative district.
The signature requirement for an established party candidate
for all other offices shall be reduced by one-third and any
provision of this Code limiting the maximum number of
signatures that may be submitted for those offices shall be
reduced by one-third.
(c) Petitions for nomination for congressional, or
judicial office, or for any office a nomination for which is
made for a territorial division or district which comprises
more than one county or is partly in one county and partly in
another county or counties (including the Fox Metro Water
Reclamation District) for the general primary election may be
filed in the principal office of the State Board of Elections
beginning on March 7, 2022 but no later than March 14, 2022; a
petition for nomination to fill a vacancy by special election
in the office of representative in Congress from this State
(for vacancies occurring between February 21, 2022 and March
14, 2022) for the general primary election may be filed in the
principal office of the State Board of Elections beginning
March 28, 2022 but no later than April 4, 2022.
(d) Objections to certificates of nomination and
nomination papers and petitions to submit public questions to
a referendum for the general primary election shall be filed
no later than March 21, 2022.
(e) Electors may request vote by mail ballots for the
general primary election beginning on March 30, 2022 but no
later than June 23, 2022.
(f) Petitions for nomination for independent candidates
and new political party candidates for the general election
may begin circulation on April 13, 2022.
(g) The State Board of Elections shall certify the names
of candidates who filed nomination papers or certificates of
nomination for the general primary election with the Board no
later than April 21, 2022.
(h) A notarized declaration of intent to be a write-in
candidate for the general primary election shall be filed with
the proper election authority or authorities no later than
April 28, 2022.
(i) Each election authority shall mail ballots to each
person who has filed an application for a ballot for the
general primary election under Article 20 no later than May
14, 2022, and any application received after May 12, 2022
shall be mailed within 2 business days after receipt of the
application.
(j) The period for early voting by personal appearance for
the general primary election shall begin on May 19, 2022.
(k) The general primary election shall be held on June 28,
2022.
(l) The last day for an established party managing
committee to appoint someone to fill a vacancy for the general
election when no candidate was nominated at the general
primary election and for the appointee to file the required
documentation is July 25, 2022 August 13, 2022. The signature
requirement for an established party candidate filing to fill
a vacancy shall be reduced by two-thirds and any provision of
this Code limiting the maximum number of signatures that may
be submitted for those offices shall be reduced by two-thirds.
Objections to nomination papers, certificates of nomination,
or resolutions for established party candidates filing to fill
a vacancy shall be filed no later than August 1, 2022.
(m) Certificates of nomination and nomination papers for
the nomination of new political parties and independent
candidates for offices to be filled by electors of the entire
State, or any district not entirely within a county, or for
congressional, State legislative or judicial offices shall be
presented to the principal office of the State Board of
Elections beginning July 5, 2022 but no later than July 11,
2022. Certificates of nomination and nomination papers for the
nomination of new political parties and independent candidates
for all other offices shall be presented to the appropriate
election authority or local election official with whom such
nomination papers are filed beginning July 5, 2022 but no
later than July 11, 2022.
(n) Objections to certificates of nomination and
nomination papers for new political parties and independent
candidates for the general election shall be filed no later
than July 18, 2022.
(o) (Blank). A person for whom a petition for nomination
has been filed for the general election may withdraw his or her
petition with the appropriate election authority no later than
August 13, 2022.
(p) (Blank). The State Board of Elections shall certify to
the county clerks the names of each of the candidates to appear
on the ballot for the general election no later than September
6, 2022.
(q) This Section is repealed on January 1, 2023.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/9-8.5)
(Text of Section before amendment by P.A. 102-664)
Sec. 9-8.5. Limitations on campaign contributions.
(a) It is unlawful for a political committee to accept
contributions except as provided in this Section.
(b) During an election cycle, a candidate political
committee may not accept contributions with an aggregate value
over the following: (i) $5,000 from any individual, (ii)
$10,000 from any corporation, labor organization, or
association, or (iii) $50,000 from a candidate political
committee or political action committee. A candidate political
committee may accept contributions in any amount from a
political party committee except during an election cycle in
which the candidate seeks nomination at a primary election.
During an election cycle in which the candidate seeks
nomination at a primary election, a candidate political
committee may not accept contributions from political party
committees with an aggregate value over the following: (i)
$200,000 for a candidate political committee established to
support a candidate seeking nomination to statewide office,
(ii) $125,000 for a candidate political committee established
to support a candidate seeking nomination to the Senate, the
Supreme Court or Appellate Court in the First Judicial
District, or an office elected by all voters in a county with
1,000,000 or more residents, (iii) $75,000 for a candidate
political committee established to support a candidate seeking
nomination to the House of Representatives, the Supreme Court
or Appellate Court for a Judicial District other than the
First Judicial District, an office elected by all voters of a
county of fewer than 1,000,000 residents, and municipal and
county offices in Cook County other than those elected by all
voters of Cook County, and (iv) $50,000 for a candidate
political committee established to support the nomination of a
candidate to any other office. A candidate political committee
established to elect a candidate to the General Assembly may
accept contributions from only one legislative caucus
committee. A candidate political committee may not accept
contributions from a ballot initiative committee or from an
independent expenditure committee.
(b-5) Judicial elections.
(1) In addition to any other provision of this
Section, a candidate political committee established to
support a candidate seeking nomination to the Supreme
Court, Appellate Court, or Circuit Court may not:
(A) accept contributions from any entity that does
not disclose the identity of those who make
contributions to the entity, except for contributions
that are not required to be itemized by this Code; or
(B) accept contributions from any out-of-state
person, as defined in this Article.
(2) As used in this subsection, "contribution" has the
meaning provided in Section 9-1.4 and also includes the
following that are subject to the limits of this Section:
(A) expenditures made by any person in concert or
cooperation with, or at the request or suggestion of,
a candidate, his or her designated committee, or their
agents; and
(B) the financing by any person of the
dissemination, distribution, or republication, in
whole or in part, of any broadcast or any written,
graphic, or other form of campaign materials prepared
by the candidate, his or her campaign committee, or
their designated agents.
(3) As to contributions to a candidate political
committee established to support a candidate seeking
nomination to the Supreme Court, Appellate Court, or
Circuit Court:
(A) No person shall make a contribution in the
name of another person or knowingly permit his or her
name to be used to effect such a contribution.
(B) No person shall knowingly accept a
contribution made by one person in the name of another
person.
(C) No person shall knowingly accept reimbursement
from another person for a contribution made in his or
her own name.
(D) No person shall make an anonymous
contribution.
(E) No person shall knowingly accept any anonymous
contribution.
(F) No person shall predicate (1) any benefit,
including, but not limited to, employment decisions,
including hiring, promotions, bonus compensation, and
transfers, or (2) any other gift, transfer, or
emolument upon:
(i) the decision by the recipient of that
benefit to donate or not to donate to a candidate;
or
(ii) the amount of any such donation.
(4) No judicial candidate or political committee
established to support a candidate seeking nomination to
the Supreme Court, Appellate Court, or Circuit Court shall
knowingly accept any contribution or make any expenditure
in violation of the provisions of this Section. No officer
or employee of a political committee established to
support a candidate seeking nomination to the Supreme
Court, Appellate Court, or Circuit Court shall knowingly
accept a contribution made for the benefit or use of a
candidate or knowingly make any expenditure in support of
or opposition to a candidate or for electioneering
communications in relation to a candidate in violation of
any limitation designated for contributions and
expenditures under this Section.
(5) Where the provisions of this subsection (b-5)
conflict with any other provision of this Code, this
subsection (b-5) shall control.
(c) During an election cycle, a political party committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, or association, or (iii)
$50,000 from a political action committee. A political party
committee may accept contributions in any amount from another
political party committee or a candidate political committee,
except as provided in subsection (c-5). Nothing in this
Section shall limit the amounts that may be transferred
between a political party committee established under
subsection (a) of Section 7-8 of this Code and an affiliated
federal political committee established under the Federal
Election Code by the same political party. A political party
committee may not accept contributions from a ballot
initiative committee or from an independent expenditure
committee. A political party committee established by a
legislative caucus may not accept contributions from another
political party committee established by a legislative caucus.
(c-5) During the period beginning on the date candidates
may begin circulating petitions for a primary election and
ending on the day of the primary election, a political party
committee may not accept contributions with an aggregate value
over $50,000 from a candidate political committee or political
party committee. A political party committee may accept
contributions in any amount from a candidate political
committee or political party committee if the political party
committee receiving the contribution filed a statement of
nonparticipation in the primary as provided in subsection
(c-10). The Task Force on Campaign Finance Reform shall study
and make recommendations on the provisions of this subsection
to the Governor and General Assembly by September 30, 2012.
This subsection becomes inoperative on July 1, 2013 and
thereafter no longer applies.
(c-10) A political party committee that does not intend to
make contributions to candidates to be nominated at a general
primary election or consolidated primary election may file a
Statement of Nonparticipation in a Primary Election with the
Board. The Statement of Nonparticipation shall include a
verification signed by the chairperson and treasurer of the
committee that (i) the committee will not make contributions
or coordinated expenditures in support of or opposition to a
candidate or candidates to be nominated at the general primary
election or consolidated primary election (select one) to be
held on (insert date), (ii) the political party committee may
accept unlimited contributions from candidate political
committees and political party committees, provided that the
political party committee does not make contributions to a
candidate or candidates to be nominated at the primary
election, and (iii) failure to abide by these requirements
shall deem the political party committee in violation of this
Article and subject the committee to a fine of no more than
150% of the total contributions or coordinated expenditures
made by the committee in violation of this Article. This
subsection becomes inoperative on July 1, 2013 and thereafter
no longer applies.
(d) During an election cycle, a political action committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, political party
committee, or association, or (iii) $50,000 from a political
action committee or candidate political committee. A political
action committee may not accept contributions from a ballot
initiative committee or from an independent expenditure
committee.
(e) A ballot initiative committee may accept contributions
in any amount from any source, provided that the committee
files the document required by Section 9-3 of this Article and
files the disclosure reports required by the provisions of
this Article.
(e-5) An independent expenditure committee may accept
contributions in any amount from any source, provided that the
committee files the document required by Section 9-3 of this
Article and files the disclosure reports required by the
provisions of this Article.
(f) Nothing in this Section shall prohibit a political
committee from dividing the proceeds of joint fundraising
efforts; provided that no political committee may receive more
than the limit from any one contributor, and provided that an
independent expenditure committee may not conduct joint
fundraising efforts with a candidate political committee or a
political party committee.
(g) On January 1 of each odd-numbered year, the State
Board of Elections shall adjust the amounts of the
contribution limitations established in this Section for
inflation as determined by the Consumer Price Index for All
Urban Consumers as issued by the United States Department of
Labor and rounded to the nearest $100. The State Board shall
publish this information on its official website.
(h) Self-funding candidates. If a public official, a
candidate, or the public official's or candidate's immediate
family contributes or loans to the public official's or
candidate's political committee or to other political
committees that transfer funds to the public official's or
candidate's political committee or makes independent
expenditures for the benefit of the public official's or
candidate's campaign during the 12 months prior to an election
in an aggregate amount of more than (i) $250,000 for statewide
office or (ii) $100,000 for all other elective offices, then
the public official or candidate shall file with the State
Board of Elections, within one day, a Notification of
Self-funding that shall detail each contribution or loan made
by the public official, the candidate, or the public
official's or candidate's immediate family. Within 2 business
days after the filing of a Notification of Self-funding, the
notification shall be posted on the Board's website and the
Board shall give official notice of the filing to each
candidate for the same office as the public official or
candidate making the filing, including the public official or
candidate filing the Notification of Self-funding. Notice
shall be sent via first class mail to the candidate and the
treasurer of the candidate's committee. Notice shall also be
sent by e-mail to the candidate and the treasurer of the
candidate's committee if the candidate and the treasurer, as
applicable, have provided the Board with an e-mail address.
Upon posting of the notice on the Board's website, all
candidates for that office, including the public official or
candidate who filed a Notification of Self-funding, shall be
permitted to accept contributions in excess of any
contribution limits imposed by subsection (b). If a public
official or candidate filed a Notification of Self-funding
during an election cycle that includes a general primary
election or consolidated primary election and that public
official or candidate is nominated, all candidates for that
office, including the nominee who filed the notification of
self-funding, shall be permitted to accept contributions in
excess of any contribution limit imposed by subsection (b) for
the subsequent election cycle. For the purposes of this
subsection, "immediate family" means the spouse, parent, or
child of a public official or candidate.
(h-5) If a natural person or independent expenditure
committee makes independent expenditures in support of or in
opposition to the campaign of a particular public official or
candidate in an aggregate amount of more than (i) $250,000 for
statewide office or (ii) $100,000 for all other elective
offices in an election cycle, as reported in a written
disclosure filed under subsection (a) of Section 9-8.6 or
subsection (e-5) of Section 9-10, then the State Board of
Elections shall, within 2 business days after the filing of
the disclosure, post the disclosure on the Board's website and
give official notice of the disclosure to each candidate for
the same office as the public official or candidate for whose
benefit or detriment the natural person or independent
expenditure committee made independent expenditures. Upon
posting of the notice on the Board's website, all candidates
for that office in that election, including the public
official or candidate for whose benefit or detriment the
natural person or independent expenditure committee made
independent expenditures, shall be permitted to accept
contributions in excess of any contribution limits imposed by
subsection (b).
(h-10) If the State Board of Elections receives
notification or determines that a natural person or persons,
an independent expenditure committee or committees, or
combination thereof has made independent expenditures in
support of or in opposition to the campaign of a particular
public official or candidate in an aggregate amount of more
than (i) $250,000 for statewide office or (ii) $100,000 for
all other elective offices in an election cycle, then the
Board shall, within 2 business days after discovering the
independent expenditures that, in the aggregate, exceed the
threshold set forth in (i) and (ii) of this subsection, post
notice of this fact on the Board's website and give official
notice to each candidate for the same office as the public
official or candidate for whose benefit or detriment the
independent expenditures were made. Notice shall be sent via
first class mail to the candidate and the treasurer of the
candidate's committee. Notice shall also be sent by e-mail to
the candidate and the treasurer of the candidate's committee
if the candidate and the treasurer, as applicable, have
provided the Board with an e-mail address. Upon posting of the
notice on the Board's website, all candidates of that office
in that election, including the public official or candidate
for whose benefit or detriment the independent expenditures
were made, may accept contributions in excess of any
contribution limits imposed by subsection (b).
(i) For the purposes of this Section, a corporation, labor
organization, association, or a political action committee
established by a corporation, labor organization, or
association may act as a conduit in facilitating the delivery
to a political action committee of contributions made through
dues, levies, or similar assessments and the political action
committee may report the contributions in the aggregate,
provided that: (i) contributions made through dues, levies, or
similar assessments paid by any natural person, corporation,
labor organization, or association in a calendar year may not
exceed the limits set forth in this Section; (ii) the
corporation, labor organization, association, or a political
action committee established by a corporation, labor
organization, or association facilitating the delivery of
contributions maintains a list of natural persons,
corporations, labor organizations, and associations that paid
the dues, levies, or similar assessments from which the
contributions comprising the aggregate amount derive; and
(iii) contributions made through dues, levies, or similar
assessments paid by any natural person, corporation, labor
organization, or association that exceed $1,000 $500 in a
quarterly reporting period shall be itemized on the
committee's quarterly report and may not be reported in the
aggregate. A political action committee facilitating the
delivery of contributions or receiving contributions shall
disclose the amount of contributions made through dues
delivered or received and the name of the corporation, labor
organization, association, or political action committee
delivering the contributions, if applicable. On January 1 of
each odd-numbered year, the State Board of Elections shall
adjust the amounts of the contribution limitations established
in this subsection for inflation as determined by the Consumer
Price Index for All Urban Consumers as issued by the United
States Department of Labor and rounded to the nearest $100.
The State Board shall publish this information on its official
website.
(j) A political committee that receives a contribution or
transfer in violation of this Section shall dispose of the
contribution or transfer by returning the contribution or
transfer, or an amount equal to the contribution or transfer,
to the contributor or transferor or donating the contribution
or transfer, or an amount equal to the contribution or
transfer, to a charity. A contribution or transfer received in
violation of this Section that is not disposed of as provided
in this subsection within 30 days after the Board sends
notification to the political committee of the excess
contribution by certified mail shall escheat to the General
Revenue Fund and the political committee shall be deemed in
violation of this Section and subject to a civil penalty not to
exceed 150% of the total amount of the contribution.
(k) For the purposes of this Section, "statewide office"
means the Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, and Treasurer.
(l) This Section is repealed if and when the United States
Supreme Court invalidates contribution limits on committees
formed to assist candidates, political parties, corporations,
associations, or labor organizations established by or
pursuant to federal law.
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
(Text of Section after amendment by P.A. 102-664)
Sec. 9-8.5. Limitations on campaign contributions.
(a) It is unlawful for a political committee to accept
contributions except as provided in this Section.
(b) During an election cycle, a candidate political
committee may not accept contributions with an aggregate value
over the following: (i) $5,000 from any individual, (ii)
$10,000 from any corporation, labor organization, or
association, or (iii) $50,000 from a candidate political
committee or political action committee. A candidate political
committee may accept contributions in any amount from a
political party committee except during an election cycle in
which the candidate seeks nomination at a primary election.
During an election cycle in which the candidate seeks
nomination at a primary election, a candidate political
committee may not accept contributions from political party
committees with an aggregate value over the following: (i)
$200,000 for a candidate political committee established to
support a candidate seeking nomination to statewide office,
(ii) $125,000 for a candidate political committee established
to support a candidate seeking nomination to the Senate, the
Supreme Court or Appellate Court in the First Judicial
District, or an office elected by all voters in a county with
1,000,000 or more residents, (iii) $75,000 for a candidate
political committee established to support a candidate seeking
nomination to the House of Representatives, the Supreme Court
or Appellate Court for a Judicial District other than the
First Judicial District, an office elected by all voters of a
county of fewer than 1,000,000 residents, and municipal and
county offices in Cook County other than those elected by all
voters of Cook County, and (iv) $50,000 for a candidate
political committee established to support the nomination of a
candidate to any other office. A candidate political committee
established to elect a candidate to the General Assembly may
accept contributions from only one legislative caucus
committee. A candidate political committee may not accept
contributions from a ballot initiative committee or from an
independent expenditure committee.
(b-5) Judicial elections.
(1) In addition to any other provision of this
Section, a candidate political committee established to
support a candidate seeking nomination to the Supreme
Court, Appellate Court, or Circuit Court may not:
(A) accept contributions from any entity that does
not disclose the identity of those who make
contributions to the entity, except for contributions
that are not required to be itemized by this Code; or
(B) accept contributions from any out-of-state
person, as defined in this Article.
(2) As used in this subsection, "contribution" has the
meaning provided in Section 9-1.4 and also includes the
following that are subject to the limits of this Section:
(A) expenditures made by any person in concert or
cooperation with, or at the request or suggestion of,
a candidate, his or her designated committee, or their
agents; and
(B) the financing by any person of the
dissemination, distribution, or republication, in
whole or in part, of any broadcast or any written,
graphic, or other form of campaign materials prepared
by the candidate, his or her campaign committee, or
their designated agents.
(3) As to contributions to a candidate political
committee established to support a candidate seeking
nomination to the Supreme Court, Appellate Court, or
Circuit Court:
(A) No person shall make a contribution in the
name of another person or knowingly permit his or her
name to be used to effect such a contribution.
(B) No person shall knowingly accept a
contribution made by one person in the name of another
person.
(C) No person shall knowingly accept reimbursement
from another person for a contribution made in his or
her own name.
(D) No person shall make an anonymous
contribution.
(E) No person shall knowingly accept any anonymous
contribution.
(F) No person shall predicate (1) any benefit,
including, but not limited to, employment decisions,
including hiring, promotions, bonus compensation, and
transfers, or (2) any other gift, transfer, or
emolument upon:
(i) the decision by the recipient of that
benefit to donate or not to donate to a candidate;
or
(ii) the amount of any such donation.
(4) No judicial candidate or political committee
established to support a candidate seeking nomination to
the Supreme Court, Appellate Court, or Circuit Court shall
knowingly accept any contribution or make any expenditure
in violation of the provisions of this Section. No officer
or employee of a political committee established to
support a candidate seeking nomination to the Supreme
Court, Appellate Court, or Circuit Court shall knowingly
accept a contribution made for the benefit or use of a
candidate or knowingly make any expenditure in support of
or opposition to a candidate or for electioneering
communications in relation to a candidate in violation of
any limitation designated for contributions and
expenditures under this Section.
(5) Where the provisions of this subsection (b-5)
conflict with any other provision of this Code, this
subsection (b-5) shall control.
(c) During an election cycle, a political party committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, or association, or (iii)
$50,000 from a political action committee. A political party
committee may accept contributions in any amount from another
political party committee or a candidate political committee,
except as provided in subsection (c-5). Nothing in this
Section shall limit the amounts that may be transferred
between a political party committee established under
subsection (a) of Section 7-8 of this Code and an affiliated
federal political committee established under the Federal
Election Code by the same political party. A political party
committee may not accept contributions from a ballot
initiative committee or from an independent expenditure
committee. A political party committee established by a
legislative caucus may not accept contributions from another
political party committee established by a legislative caucus.
(c-5) During the period beginning on the date candidates
may begin circulating petitions for a primary election and
ending on the day of the primary election, a political party
committee may not accept contributions with an aggregate value
over $50,000 from a candidate political committee or political
party committee. A political party committee may accept
contributions in any amount from a candidate political
committee or political party committee if the political party
committee receiving the contribution filed a statement of
nonparticipation in the primary as provided in subsection
(c-10). The Task Force on Campaign Finance Reform shall study
and make recommendations on the provisions of this subsection
to the Governor and General Assembly by September 30, 2012.
This subsection becomes inoperative on July 1, 2013 and
thereafter no longer applies.
(c-10) A political party committee that does not intend to
make contributions to candidates to be nominated at a general
primary election or consolidated primary election may file a
Statement of Nonparticipation in a Primary Election with the
Board. The Statement of Nonparticipation shall include a
verification signed by the chairperson and treasurer of the
committee that (i) the committee will not make contributions
or coordinated expenditures in support of or opposition to a
candidate or candidates to be nominated at the general primary
election or consolidated primary election (select one) to be
held on (insert date), (ii) the political party committee may
accept unlimited contributions from candidate political
committees and political party committees, provided that the
political party committee does not make contributions to a
candidate or candidates to be nominated at the primary
election, and (iii) failure to abide by these requirements
shall deem the political party committee in violation of this
Article and subject the committee to a fine of no more than
150% of the total contributions or coordinated expenditures
made by the committee in violation of this Article. This
subsection becomes inoperative on July 1, 2013 and thereafter
no longer applies.
(d) During an election cycle, a political action committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, political party
committee, or association, or (iii) $50,000 from a political
action committee or candidate political committee. A political
action committee may not accept contributions from a ballot
initiative committee or from an independent expenditure
committee.
(e) A ballot initiative committee may accept contributions
in any amount from any source, provided that the committee
files the document required by Section 9-3 of this Article and
files the disclosure reports required by the provisions of
this Article.
(e-5) An independent expenditure committee may accept
contributions in any amount from any source, provided that the
committee files the document required by Section 9-3 of this
Article and files the disclosure reports required by the
provisions of this Article.
(e-10) A limited activity committee shall not accept
contributions, except that the officer or a candidate the
committee has designated to support may contribute personal
funds in order to pay for maintenance expenses. A limited
activity committee may only make expenditures that are: (i)
necessary for maintenance of the committee; (ii) for rent or
lease payments until the end of the lease in effect at the time
the officer or candidate is confirmed by the Senate; (iii)
contributions to 501(c)(3) charities; or (iv) returning
contributions to original contributors.
(f) Nothing in this Section shall prohibit a political
committee from dividing the proceeds of joint fundraising
efforts; provided that no political committee may receive more
than the limit from any one contributor, and provided that an
independent expenditure committee may not conduct joint
fundraising efforts with a candidate political committee or a
political party committee.
(g) On January 1 of each odd-numbered year, the State
Board of Elections shall adjust the amounts of the
contribution limitations established in this Section for
inflation as determined by the Consumer Price Index for All
Urban Consumers as issued by the United States Department of
Labor and rounded to the nearest $100. The State Board shall
publish this information on its official website.
(h) Self-funding candidates. If a public official, a
candidate, or the public official's or candidate's immediate
family contributes or loans to the public official's or
candidate's political committee or to other political
committees that transfer funds to the public official's or
candidate's political committee or makes independent
expenditures for the benefit of the public official's or
candidate's campaign during the 12 months prior to an election
in an aggregate amount of more than (i) $250,000 for statewide
office or (ii) $100,000 for all other elective offices, then
the public official or candidate shall file with the State
Board of Elections, within one day, a Notification of
Self-funding that shall detail each contribution or loan made
by the public official, the candidate, or the public
official's or candidate's immediate family. Within 2 business
days after the filing of a Notification of Self-funding, the
notification shall be posted on the Board's website and the
Board shall give official notice of the filing to each
candidate for the same office as the public official or
candidate making the filing, including the public official or
candidate filing the Notification of Self-funding. Notice
shall be sent via first class mail to the candidate and the
treasurer of the candidate's committee. Notice shall also be
sent by e-mail to the candidate and the treasurer of the
candidate's committee if the candidate and the treasurer, as
applicable, have provided the Board with an e-mail address.
Upon posting of the notice on the Board's website, all
candidates for that office, including the public official or
candidate who filed a Notification of Self-funding, shall be
permitted to accept contributions in excess of any
contribution limits imposed by subsection (b). If a public
official or candidate filed a Notification of Self-funding
during an election cycle that includes a general primary
election or consolidated primary election and that public
official or candidate is nominated, all candidates for that
office, including the nominee who filed the notification of
self-funding, shall be permitted to accept contributions in
excess of any contribution limit imposed by subsection (b) for
the subsequent election cycle. For the purposes of this
subsection, "immediate family" means the spouse, parent, or
child of a public official or candidate.
(h-5) If a natural person or independent expenditure
committee makes independent expenditures in support of or in
opposition to the campaign of a particular public official or
candidate in an aggregate amount of more than (i) $250,000 for
statewide office or (ii) $100,000 for all other elective
offices in an election cycle, as reported in a written
disclosure filed under subsection (a) of Section 9-8.6 or
subsection (e-5) of Section 9-10, then the State Board of
Elections shall, within 2 business days after the filing of
the disclosure, post the disclosure on the Board's website and
give official notice of the disclosure to each candidate for
the same office as the public official or candidate for whose
benefit or detriment the natural person or independent
expenditure committee made independent expenditures. Upon
posting of the notice on the Board's website, all candidates
for that office in that election, including the public
official or candidate for whose benefit or detriment the
natural person or independent expenditure committee made
independent expenditures, shall be permitted to accept
contributions in excess of any contribution limits imposed by
subsection (b).
(h-10) If the State Board of Elections receives
notification or determines that a natural person or persons,
an independent expenditure committee or committees, or
combination thereof has made independent expenditures in
support of or in opposition to the campaign of a particular
public official or candidate in an aggregate amount of more
than (i) $250,000 for statewide office or (ii) $100,000 for
all other elective offices in an election cycle, then the
Board shall, within 2 business days after discovering the
independent expenditures that, in the aggregate, exceed the
threshold set forth in (i) and (ii) of this subsection, post
notice of this fact on the Board's website and give official
notice to each candidate for the same office as the public
official or candidate for whose benefit or detriment the
independent expenditures were made. Notice shall be sent via
first class mail to the candidate and the treasurer of the
candidate's committee. Notice shall also be sent by e-mail to
the candidate and the treasurer of the candidate's committee
if the candidate and the treasurer, as applicable, have
provided the Board with an e-mail address. Upon posting of the
notice on the Board's website, all candidates of that office
in that election, including the public official or candidate
for whose benefit or detriment the independent expenditures
were made, may accept contributions in excess of any
contribution limits imposed by subsection (b).
(i) For the purposes of this Section, a corporation, labor
organization, association, or a political action committee
established by a corporation, labor organization, or
association may act as a conduit in facilitating the delivery
to a political action committee of contributions made through
dues, levies, or similar assessments and the political action
committee may report the contributions in the aggregate,
provided that: (i) contributions made through dues, levies, or
similar assessments paid by any natural person, corporation,
labor organization, or association in a calendar year may not
exceed the limits set forth in this Section; (ii) the
corporation, labor organization, association, or a political
action committee established by a corporation, labor
organization, or association facilitating the delivery of
contributions maintains a list of natural persons,
corporations, labor organizations, and associations that paid
the dues, levies, or similar assessments from which the
contributions comprising the aggregate amount derive; and
(iii) contributions made through dues, levies, or similar
assessments paid by any natural person, corporation, labor
organization, or association that exceed $1,000 $500 in a
quarterly reporting period shall be itemized on the
committee's quarterly report and may not be reported in the
aggregate. A political action committee facilitating the
delivery of contributions or receiving contributions shall
disclose the amount of contributions made through dues
delivered or received and the name of the corporation, labor
organization, association, or political action committee
delivering the contributions, if applicable. On January 1 of
each odd-numbered year, the State Board of Elections shall
adjust the amounts of the contribution limitations established
in this subsection for inflation as determined by the Consumer
Price Index for All Urban Consumers as issued by the United
States Department of Labor and rounded to the nearest $100.
The State Board shall publish this information on its official
website.
(j) A political committee that receives a contribution or
transfer in violation of this Section shall dispose of the
contribution or transfer by returning the contribution or
transfer, or an amount equal to the contribution or transfer,
to the contributor or transferor or donating the contribution
or transfer, or an amount equal to the contribution or
transfer, to a charity. A contribution or transfer received in
violation of this Section that is not disposed of as provided
in this subsection within 30 days after the Board sends
notification to the political committee of the excess
contribution by certified mail shall escheat to the General
Revenue Fund and the political committee shall be deemed in
violation of this Section and subject to a civil penalty not to
exceed 150% of the total amount of the contribution.
(k) For the purposes of this Section, "statewide office"
means the Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, and Treasurer.
(l) This Section is repealed if and when the United States
Supreme Court invalidates contribution limits on committees
formed to assist candidates, political parties, corporations,
associations, or labor organizations established by or
pursuant to federal law.
(Source: P.A. 102-664, eff. 1-1-22.)
(10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
Sec. 9-10. Disclosure of contributions and expenditures.
(a) The treasurer of every political committee shall file
with the Board reports of campaign contributions and
expenditures as required by this Section on forms to be
prescribed or approved by the Board.
(b) Every political committee shall file quarterly reports
of campaign contributions, expenditures, and independent
expenditures. The reports shall cover the period January 1
through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31 of each year. A
political committee shall file quarterly reports no later than
the 15th day of the month following each period. Reports of
contributions and expenditures must be filed to cover the
prescribed time periods even though no contributions or
expenditures may have been received or made during the period.
A report is considered timely filed if it is received by the
Board no later than 11:59 p.m. on the deadline or postmarked no
later than 3 days prior to the deadline. The Board shall assess
a civil penalty not to exceed $5,000 for failure to file a
report required by this subsection. The fine, however, shall
not exceed $1,000 for a first violation if the committee files
less than 10 days after the deadline. There shall be no fine if
the report is mailed and postmarked at least 72 hours prior to
the filing deadline. When considering the amount of the fine
to be imposed, the Board shall consider whether the violation
was committed inadvertently, negligently, knowingly, or
intentionally and any past violations of this Section.
(c) A political committee shall file a report of any
contribution of $1,000 or more electronically with the Board
within 5 business days after receipt of the contribution,
except that the report shall be filed within 2 business days
after receipt if (i) the contribution is received 30 or fewer
days before the date of an election and (ii) the political
committee supports or opposes a candidate or public question
on the ballot at that election or makes expenditures in excess
of $500 on behalf of or in opposition to a candidate,
candidates, a public question, or public questions on the
ballot at that election. The State Board shall allow filings
of reports of contributions of $1,000 or more by political
committees that are not required to file electronically to be
made by facsimile transmission. It is not a violation of this
subsection (c) and a political committee does not need to file
a report of a contribution of $1,000 or more if the
contribution is received and returned within the same period
it is required to be disclosed on a quarterly report. The Board
shall assess a civil penalty for failure to file a report
required by this subsection. Failure to report each
contribution is a separate violation of this subsection. The
Board shall impose fines for willful or wanton violations of
this subsection (c) not to exceed 150% of the total amount of
the contributions that were untimely reported, but in no case
shall it be less than 10% of the total amount of the
contributions that were untimely reported. When considering
the amount of the fine to be imposed for willful or wanton
violations, the Board shall consider the number of days the
contribution was reported late and past violations of this
Section and Section 9-3. The Board may impose a fine for
negligent or inadvertent violations of this subsection not to
exceed 50% of the total amount of the contributions that were
untimely reported, or the Board may waive the fine. When
considering whether to impose a fine and the amount of the
fine, the Board shall consider the following factors: (1)
whether the political committee made an attempt to disclose
the contribution and any attempts made to correct the
violation, (2) whether the violation is attributed to a
clerical or computer error, (3) the amount of the
contribution, (4) whether the violation arose from a
discrepancy between the date the contribution was reported
transferred by a political committee and the date the
contribution was received by a political committee, (5) the
number of days the contribution was reported late, and (6)
past violations of this Section and Section 9-3 by the
political committee.
(d) For the purpose of this Section, a contribution is
considered received on the date (i) a monetary contribution
was deposited in a bank, financial institution, or other
repository of funds for the committee, (ii) the date a
committee receives notice a monetary contribution was
deposited by an entity used to process financial transactions
by credit card or other entity used for processing a monetary
contribution that was deposited in a bank, financial
institution, or other repository of funds for the committee,
or (iii) the public official, candidate, or political
committee receives the notification of contribution of goods
or services as required under subsection (b) of Section 9-6.
(e) A political committee that makes independent
expenditures of $1,000 or more shall file a report
electronically with the Board within 5 business days after
making the independent expenditure, except that the report
shall be filed within 2 business days after making the
independent expenditure during the 60-day period before an
election.
(e-5) An independent expenditure committee that makes an
independent expenditure supporting or opposing a public
official or candidate that, alone or in combination with any
other independent expenditure made by that independent
expenditure committee supporting or opposing that public
official or candidate during the election cycle, equals an
aggregate value of more than (i) $250,000 for statewide office
or (ii) $100,000 for all other elective offices must file a
written disclosure with the State Board of Elections within 2
business days after making any expenditure that results in the
independent expenditure committee exceeding the applicable
threshold. The Board shall assess a civil penalty against an
independent expenditure committee for failure to file the
disclosure required by this subsection not to exceed (i) $500
for an initial failure to file the required disclosure and
(ii) $1,000 for each subsequent failure to file the required
disclosure.
(f) A copy of each report or statement filed under this
Article shall be preserved by the person filing it for a period
of two years from the date of filing.
(g) The Board may assess a civil penalty against a
committee for any violation of this Section. The Board shall
provide notice of any violation no later than 365 days after
the date of the violation and provide the committee with an
opportunity to appeal a violation. A committee shall not be
fined if notice is not provided as required by this
subsection. The fine assessed by the Board for a violation of
this Section shall not exceed the amount of the contribution
and may be no more than $500 for the first violation, no more
than $1,000 for the second violation, no more than $2,000 for a
third violation, and no more than $3,000 for any subsequent
violations. When determining whether to waive or reduce a
fine, the Board shall consider: (1) whether the political
committee made an attempt to disclose the contribution and any
attempts made to correct the violation; (2) whether the
violation was inadvertent, knowingly, or intentional; (3)
whether the violation is attributed to a clerical or computer
error; (4) the amount of the contribution or total
contributions in the report; (5) whether the violation arose
from a discrepancy between the date the contribution was
reported and the date the contribution was received by a
political committee; (6) the number of days the report was
submitted late; and (7) any prior violations.
(Source: P.A. 99-437, eff. 1-1-16.)
(10 ILCS 5/11-2) (from Ch. 46, par. 11-2)
Sec. 11-2. Election precincts. 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 or
an adjourned meeting in July, divide its election precincts
which contain more than 800 voters, into election districts so
that each precinct district shall contain, as near as may be
practicable, 1,200 registered 500 voters, and not more in any
case than 800. Whenever the County Board ascertains that any
election precinct contains more than 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, 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 soon as
is practicable following the completion of congressional and
legislative redistricting, except that, in 2021, the county
board shall change the boundaries at a regular or special
meeting within 60 days after the effective date of this
amendatory Act of the 102nd General Assembly. 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 1,200
registered 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 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 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 1,800 registered voters 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
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 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. Election precincts.
(a) It shall be the duty of the Board of 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: (i) 1,200 registered
voters if the precinct is located in a county with fewer than
3,000,000 inhabitants; or (ii) 1,800 registered voters if the
precinct is located in a county with 3,000,000 or more
inhabitants 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.
(b) 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 registered
voters or 1,800 registered voters, as applicable 600 actual
voters; but at any time in all instances where the vote cast at
any precinct, at any election, equals 800, there must be a
rearrangement so as to reduce the vote to the standard of 600
as near as may be. However, any apartment building in which
more than 1,200 or 1,800 800 registered voters, as applicable,
reside may be made a single precinct even though the vote in
such precinct exceeds 1,200 or 1,800 registered voters, as
applicable 800.
(c) 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: (i) 1,200 registered voters if the
precinct is located in a county with fewer than 3,000,000
inhabitants; or (ii) 1,800 registered voters if the precinct
is located in a county with 3,000,000 or more inhabitants , 400
actual voters; but at any time in all instances where the vote
cast at any precinct, at any election, equals 600, there must
be a rearrangement so as to reduce the vote to the standard of
400 as near as may be. However, any apartment building in which
more than 1,200 registered voters or 1,800 registered voters,
as applicable, 600 registered voters reside may be made a
single precinct even though the vote in such precinct exceeds
1,200 or 1,800 registered voters, as applicable 600.
(d) 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.
(e) 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.
(f) 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 5/11-4.2) (from Ch. 46, par. 11-4.2)
Sec. 11-4.2. (a) Except as otherwise provided in
subsection (b) all polling places shall be accessible to
voters with disabilities and elderly voters, as determined by
rule of the State Board of Elections, and each polling place
shall include at least one voting booth that is wheelchair
accessible.
(b) Subsection (a) of this Section shall not apply to a
polling place (1) in the case of an emergency, as determined by
the State Board of Elections; or (2) if the State Board of
Elections (A) determines that all potential polling places
have been surveyed and no such accessible place is available,
nor is the election authority able to make one accessible; and
(B) assures that any voter with a disability or elderly voter
assigned to an inaccessible polling place, upon advance
request of such voter (pursuant to procedures established by
rule of the State Board of Elections) will be provided with an
alternative means for casting a ballot on the day of the
election or will be assigned to an accessible polling place.
(c) No later than December 31 of each even numbered year,
the State Board of Elections shall report to the General
Assembly and the Federal Election Commission the number of
accessible and inaccessible polling places in the State on the
date of the next preceding general election, and the reasons
for any instance of inaccessibility.
(Source: P.A. 99-143, eff. 7-27-15.)
(10 ILCS 5/11-8)
(Section scheduled to be repealed on January 1, 2023)
Sec. 11-8. Vote centers.
(a) Notwithstanding any law to the contrary, election
authorities shall establish at least one location to be
located at an office of the election authority or in the
largest municipality within its jurisdiction where all voters
in its jurisdiction are allowed to vote on election day during
polling place hours, regardless of the precinct in which they
are registered. An election authority establishing such a
location under this Section shall identify the location, hours
of operation, and any health and safety requirements by the
40th day preceding the 2022 general primary election and the
2022 general election and certify such to the State Board of
Elections.
(b) This Section is repealed on January 1, 2023.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
Sec. 19-2. Except as otherwise provided in this Code, any
elector as defined in Section 19-1 may by mail or
electronically on the website of the appropriate election
authority, not more than 90 nor less than 5 days prior to the
date of such election, or by personal delivery not more than 90
nor less than one day prior to the date of such election, make
application to the county clerk or to the Board of Election
Commissioners for an official ballot for the voter's precinct
to be voted at such election, or be added to a list of
permanent vote by mail status voters who receive an official
vote by mail ballot for subsequent elections. Such a ballot
shall be delivered to the elector only upon separate
application by the elector for each election. Voters who make
an application for permanent vote by mail ballot status shall
follow the procedures specified in Section 19-3 and may apply
year round. Voters whose application for permanent vote by
mail status is accepted by the election authority shall remain
on the permanent vote by mail list until the voter requests to
be removed from permanent vote by mail status, the voter
provides notice to the election authority of a change in
registration that affects their registration status, or the
election authority receives confirmation that the voter has
subsequently registered to vote in another election authority
jurisdiction county. The URL address at which voters may
electronically request a vote by mail ballot shall be fixed no
later than 90 calendar days before an election and shall not be
changed until after the election. Such a ballot shall be
delivered to the elector only upon separate application by the
elector for each election.
(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
(10 ILCS 5/19-2.5)
Sec. 19-2.5. Notice for vote by mail ballot. An election
authority shall notify all qualified voters, not more than 90
days nor less than 45 days before a general or consolidated
election, of the option for permanent vote by mail status
using the following notice and including the application for
permanent vote by mail status in subsection (b) of Section
19-3:
"You may apply to permanently be placed on vote by mail
status using the attached application.".
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
Sec. 19-6. Such vote by mail voter shall make and
subscribe to the certifications provided for in the
application and on the return envelope for the ballot, and
such ballot or ballots shall be folded by such voter in the
manner required to be folded before depositing the same in the
ballot box, and be deposited in such envelope and the envelope
securely sealed. The voter shall then endorse his certificate
upon the back of the envelope and the envelope shall be mailed
in person by such voter, postage prepaid, to the election
authority issuing the ballot or, if more convenient, it may be
delivered in person, by either the voter or by any person
authorized by the voter, or by a company licensed as a motor
carrier of property by the Illinois Commerce Commission under
the Illinois Commercial Transportation Law, which is engaged
in the business of making deliveries.
Election authorities shall accept any vote by mail ballot
returned, including ballots returned with insufficient or no
postage. Election authorities may maintain one or more secure
collection sites for the postage-free return of vote by mail
ballots. Any election authority with collection sites shall
collect all ballots returned each day at close of business and
process them as required by this Code, including noting the
day on which the ballot was collected returned. Ballots
returned to such collection sites after close of business
shall be dated as delivered the next day, with the exception of
ballots delivered on election day, which shall be dated as
received on election day. Election authorities shall permit
electors to return vote by mail ballots at any collection site
it has established through the close of polls on election day.
All collection sites shall be secured by locks that may be
opened only by election authority personnel. The State Board
of Elections shall establish additional guidelines for the
security of collection sites.
It shall be unlawful for any person not the voter or a
person authorized by the voter to take the ballot and ballot
envelope of a voter for deposit into the mail unless the ballot
has been issued pursuant to application by a physically
incapacitated elector under Section 3-3 or a hospitalized
voter under Section 19-13, in which case any employee or
person under the direction of the facility in which the
elector or voter is located may deposit the ballot and ballot
envelope into the mail. If the voter authorized a person to
deliver the ballot to the election authority, the voter and
the person authorized to deliver the ballot shall complete the
authorization printed on the exterior envelope supplied by an
election authority for the return of the vote by mail ballot.
The exterior of the envelope supplied by an election authority
for the return of the vote by mail ballot shall include an
authorization in substantially the following form:
I ............ (voter) authorize ............... to take
the necessary steps to have this ballot delivered promptly to
the office of the election authority.
....................... ........................
Date Signature of voter
...............................................
Printed Name of Authorized Delivery Agent
...............................................
Signature of Authorized Delivery Agency
...............................................
Date Delivered to the Election Authority
(Source: P.A. 102-1, eff. 4-2-21.)
(10 ILCS 5/11-5 rep.)
Section 10. The Election Code is amended by repealing
Section 11-5.
Section 15. The Legislative Commission Reorganization Act
of 1984 is amended by changing Section 9-2.5 as follows:
(25 ILCS 130/9-2.5)
Sec. 9-2.5. Newsletters and brochures. The Legislative
Printing Unit may not print for any member of the General
Assembly any newsletters or brochures during the period
beginning February 1 of the year of a general primary
election, except that in 2022 the period shall begin on May 15,
2022, and ending the day after the general primary election
and during a period beginning September 1 of the year of a
general election and ending the day after the general
election. A member of the General Assembly may not mail,
during a period beginning February 1 of the year of a general
primary election and ending the day after the general primary
election and during a period beginning September 1 of the year
of a general election and ending the day after the general
election, any newsletters or brochures that were printed, at
any time, by the Legislative Printing Unit, except that such a
newsletter or brochure may be mailed during those times if it
is mailed to a constituent in response to that constituent's
inquiry concerning the needs of that constituent or questions
raised by that constituent.
(Source: P.A. 95-6, eff. 6-20-07; 96-886, eff. 1-1-11.)
Section 20. The Counties Code is amended by changing
Section 2-3004 as follows:
(55 ILCS 5/2-3004) (from Ch. 34, par. 2-3004)
Sec. 2-3004. Failure to complete reapportionment. If any
county board fails to complete the reapportionment of its
county by July 1 in 2011 or any 10 years thereafter or by the
day after the county board's regularly scheduled July meeting
in 2011 or any 10 years thereafter, or for the reapportionment
of 2021, by December 31 the third Wednesday in November in the
year after a federal decennial census year, whichever is
later, the county clerk of that county shall convene the
county apportionment commission. Three members of the
commission shall constitute a quorum, but a majority of all
the members must vote affirmatively on any determination made
by the commission. The commission shall adopt rules for its
procedure.
The commission shall develop an apportionment plan for the
county in the manner provided by Section 2-3003, dividing the
county into the same number of districts as determined by the
county board. If the county board has failed to determine the
size of the county board to be elected, then the number of
districts and the number of members to be elected shall be the
largest number to which the county is entitled under Section
2-3002.
The commission shall submit its apportionment plan by
October 1 in the year that it is convened, or for the
reapportionment of 2021, by February 1, 2022, except that the
circuit court, for good cause shown, may grant an extension of
time, not exceeding a total of 60 days, within which such a
plan may be submitted.
(Source: P.A. 102-15, eff. 6-17-21.)
Section 25. The Downstate Forest Preserve District Act is
amended by changing Section 3c and by adding Section 3c-1 as
follows:
(70 ILCS 805/3c)
Sec. 3c. Elected board of commissioners in certain
counties. If the boundaries of a district are co-extensive
with the boundaries of a county having a population of more
than 800,000 but less than 3,000,000, all commissioners of the
forest preserve district shall be elected from the number of
districts as determined by the forest preserve district board
of commissioners. Such a forest preserve district is a
separate and distinct legal entity, and its board members are
elected separate and apart from the elected county
commissioners. Upon its formation, or as a result of decennial
reapportionment, such a forest preserve district shall adopt a
district map determining the boundary lines of each district.
That map shall be adjusted and reapportioned subject to the
same decennial reapportionment process stated in Section 3c-1.
No more than one commissioner shall be elected from each
district. The the same districts as members of the county
board beginning with the general election held in 2002 and
each succeeding general election. One commissioner shall be
elected from each district. At their first meeting after their
election in 2002 and following each subsequent decennial
reapportionment of the county under Division 2-3 of the
Counties Code, the elected commissioners shall publicly by lot
divide themselves into 2 groups, as equal in size as possible.
Commissioners from the first group shall serve for terms of 2,
4, and 4 years; and commissioners from the second group shall
serve terms of 4, 4, and 2 years. Beginning with the general
election in 2002, the president of the board of commissioners
of the forest preserve district shall be elected by the voters
of the county, rather than by the commissioners. The president
shall be a resident of the county and shall be elected
throughout the county for a 4-year term without having been
first elected as commissioner of the forest preserve district.
Each commissioner shall be a resident of the forest preserve
county board district from which he or she was elected not
later than the date of the commencement of the term of office.
The term of office for the president and commissioners elected
under this Section shall commence on the first Monday of the
month following the month of election. Neither a commissioner
nor the president of the board of commissioners of that forest
preserve district shall serve simultaneously as member or
chairman of the county board. No person shall seek election to
both the forest preserve commission and the county board at
the same election, nor shall they be eligible to hold both
offices at the same time. The president, with the advice and
consent of the board of commissioners shall appoint a
secretary, treasurer, and such other officers as deemed
necessary by the board of commissioners, which officers need
not be members of the board of commissioners. The president
shall have the powers and duties as specified in Section 12 of
this Act.
Candidates for president and commissioner shall be
candidates of established political parties.
If a vacancy in the office of president or commissioner
occurs, other than by expiration of the president's or
commissioner's term, the forest preserve district board of
commissioners shall declare that a vacancy exists and
notification of the vacancy shall be given to the county
central committee of each established political party within 3
business days after the occurrence of the vacancy. If the
vacancy occurs in the office of forest preserve district
commissioner, the president of the board of commissioners
shall, within 60 days after the date of the vacancy, with the
advice and consent of other commissioners then serving,
appoint a person to serve for the remainder of the unexpired
term. The appointee shall be affiliated with the same
political party as the commissioner in whose office the
vacancy occurred and be a resident of such district. If a
vacancy in the office of president occurs, other than by
expiration of the president's term, the remaining members of
the board of commissioners shall, within 60 days after the
vacancy, appoint one of the commissioners to serve as
president for the remainder of the unexpired term. In that
case, the office of the commissioner who is appointed to serve
as president shall be deemed vacant and shall be filled within
60 days by appointment of the president with the advice and
consent of the other forest preserve district commissioners.
The commissioner who is appointed to fill a vacancy in the
office of president shall be affiliated with the same
political party as the person who occupied the office of
president prior to the vacancy. A person appointed to fill a
vacancy in the office of president or commissioner shall
establish his or her party affiliation by his or her record of
voting in primary elections or by holding or having held an
office in an established political party organization before
the appointment. If the appointee has not voted in a party
primary election or is not holding or has not held an office in
an established political party organization before the
appointment, the appointee shall establish his or her
political party affiliation by his or her record of
participating in an established political party's nomination
or election caucus. If, however, more than 28 months remain in
the unexpired term of a commissioner or the president, the
appointment shall be until the next general election, at which
time the vacated office of commissioner or president shall be
filled by election for the remainder of the term.
Notwithstanding any law to the contrary, if a vacancy occurs
after the last day provided in Section 7-12 of the Election
Code for filing nomination papers for the office of president
of a forest preserve district where that office is elected as
provided for in this Section, or as set forth in Section 7-61
of the Election Code, a vacancy in nomination shall be filled
by the passage of a resolution by the nominating committee of
the affected political party within the time periods specified
in the Election Code. The nominating committee shall consist
of the chairman of the county central committee and the
township chairmen of the affected political party. All other
vacancies in nomination shall be filled in accordance with the
provisions of the Election Code.
The president and commissioners elected under this Section
may be reimbursed for their reasonable expenses actually
incurred in performing their official duties under this Act in
accordance with the provisions of Section 3a. The
reimbursement paid under this Section shall be paid by the
forest preserve district.
Compensation for the president and the forest preserve
commissioners elected under this Section shall be established
by the board of commissioners of the forest preserve district.
This Section does not apply to a forest preserve district
created under Section 18.5 of the Conservation District Act.
(Source: P.A. 94-617, eff. 8-18-05; 94-900, eff. 6-22-06.)
(70 ILCS 805/3c-1 new)
Sec. 3c-1. Reapportionment plan for forest preserve
districts under Section 3c.
(a) The Downstate Forest Preserve District board of
commissioners shall develop an apportionment plan and specify
the number of districts. Each district shall have one
commissioner. Each such district:
(1) shall be substantially equal in population to each
other district; and
(2) shall be comprised of contiguous territory, as
nearly compact as practicable; and
(3) shall be created in such a manner so that no
precinct shall be divided between 2 or more districts,
insofar as is practicable.
(b) The president of the board of commissioners of a
Downstate Forest Preserve District may develop a reappointment
plan and that plan, as presented or as amended, shall be
presented to the board by the third Wednesday in May in the
year after a federal decennial census year for approval in
accordance with the provisions of subsection (a) of this
Section. If the president presents a plan to the board by the
third Wednesday in May, the board shall conduct at least one
public hearing to receive comments and to discuss the
apportionment plan. That hearing shall be held at least 6 days
but not more than 21 days before the board may consider
adopting the plan, and the public shall be given notice by
publication in a newspaper of general circulation in the
district of the hearing at least 6 days in advance of the
hearing. The president of the board of commissioners shall
have access to the federal decennial census available to the
board.
(c) For the reapportionment in calendar year 2021, the
president of the board of commissioners may develop and
present (or redevelop and represent) to the board by the third
Wednesday in November of 2021 an apportionment plan. If a plan
is presented, the Board shall conduct at least one hearing on
the proposed plan before it may be adopted. That hearing shall
be held at least 6 days but not more than 21 days before the
board may consider adopting the plan, and the public shall be
given notice by publication in a newspaper of general
circulation in the district of the hearing at least 6 days in
advance of the hearing.
(d) After each decennial census, the Downstate Forest
Preserve District board is not obligated to reapportion the
districts if existing districts are within a 10% population
deviation from each other based on the results of the
decennial census.
(e) As used in this Section, "Downstate Forest Preserve
District" means a district described in Section 3c.
Section 30. The Circuit Courts Act is amended by changing
Sections 2f, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 as follows:
(705 ILCS 35/2f) (from Ch. 37, par. 72.2f)
Sec. 2f. (a) The Circuit of Cook County shall be divided
into 15 units to be known as subcircuits. The subcircuits
shall be compact, contiguous, and substantially equal in
population. The General Assembly shall create the subcircuits
by law on or before July 1, 1991, using population data as
determined by the 1990 Federal census.
(a-5) In 2022 In 2021, the General Assembly shall redraw
the boundaries of the subcircuits to reflect the results of
the 2020 federal decennial census. The General Assembly shall
redraw the subcircuit boundaries after every federal decennial
census. The subcircuits shall be compact, contiguous, and
substantially equal in population. In accordance with
subsection (d), a resident judgeship assigned to a subcircuit
shall continue to be assigned to that subcircuit. Any vacancy
in a resident judgeship existing on or occurring after the
effective date of a law redrawing the boundaries of the
subcircuits shall be filled by a resident of the redrawn
subcircuit.
(b) The 165 resident judges to be elected from the Circuit
of Cook County shall be determined under paragraph (4) of
subsection (a) of Section 2 of the Judicial Vacancies Act.
(c) The Supreme Court shall allot (i) the additional
resident judgeships provided by paragraph (4) of subsection
(a) of Section 2 of the Judicial Vacancies Act and (ii) all
vacancies in resident judgeships existing on or occurring on
or after the effective date of this amendatory Act of 1990,
with respect to the other resident judgeships of the Circuit
of Cook County, for election from the various subcircuits
until there are 11 resident judges to be elected from each of
the 15 subcircuits (for a total of 165). A resident judgeship
authorized before the effective date of this amendatory Act of
1990 that became vacant and was filled by appointment by the
Supreme Court before that effective date shall be filled by
election at the general election in November of 1992 from the
unit of the Circuit of Cook County within Chicago or the unit
of that Circuit outside Chicago, as the case may be, in which
the vacancy occurred.
(d) As soon as practicable after the subcircuits are
created by law, the Supreme Court shall determine by lot a
numerical order for the 15 subcircuits. That numerical order
shall be the basis for the order in which resident judgeships
are assigned to the subcircuits. After the first round of
assignments, the second and all later rounds shall be based on
the same numerical order. Once a resident judgeship is
assigned to a subcircuit, it shall continue to be assigned to
that subcircuit for all purposes.
(e) 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.
(Source: P.A. 101-477, eff. 6-1-20.)
(705 ILCS 35/2f-2)
Sec. 2f-2. 19th judicial circuit; subcircuits; additional
judges.
(a) Prior to the boundaries of the subcircuits being
redrawn under subsection (a-3), the 19th circuit shall be
divided into 6 subcircuits. The subcircuits shall be compact,
contiguous, and substantially equal in population. The General
Assembly by law shall create the subcircuits, using population
data as determined by the 2000 federal census, and shall
determine a numerical order for the 6 subcircuits. That
numerical order shall be the basis for the order in which
resident judgeships are assigned to the subcircuits. The 6
resident judgeships to be assigned that are not added by or
converted from at-large judgeships as provided in this
amendatory Act of the 96th General Assembly shall be assigned
to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits, in that
order. The 6 resident judgeships to be assigned that are added
by or converted from at-large judgeships as provided in this
amendatory Act of the 96th General Assembly shall be assigned
to the 6th, 5th, 4th, 3rd, 2nd, and 1st subcircuits, in that
order. Once a resident judgeship is assigned to a subcircuit,
it shall continue to be assigned to that subcircuit for all
purposes.
(a-3) In 2022 In 2021, the General Assembly shall redraw
the boundaries of the subcircuits to reflect the results of
the 2020 federal decennial census and divide the 19th circuit
into at least 10 subcircuits. The General Assembly shall
redraw the subcircuit boundaries after every federal decennial
census. The subcircuits shall be compact, contiguous, and
substantially equal in population. Upon the division of
subcircuits pursuant to this Section: (i) each resident
judgeship shall be assigned to the newly drawn subcircuit in
which the judge of the resident judgeship in question resides;
and (ii) each at-large judgeship shall be converted to a
resident judgeship and assigned to the subcircuit in which the
judge of the converted judgeship in question resides. Once a
resident judgeship is assigned to a subcircuit or an at-large
judgeship is converted to a resident judgeship and assigned to
a subcircuit, it shall be assigned to that subcircuit for all
purposes. Any vacancy in a resident judgeship existing on or
occurring after the effective date of a law redrawing the
boundaries of the subcircuits shall be filled by a resident of
the redrawn subcircuit. When a vacancy occurs in a resident
judgeship, the resident judgeship shall be allotted by the
Supreme Court under subsection (c) and filled by election.
Notwithstanding the preceding 2 sentences, the resident
judgeship shall not be allotted by the Supreme Court and
filled by election if, after the vacancy arises, there are
still 2 or more nonvacant resident judgeships in the
subcircuit of the vacant resident judgeship in question.
(a-5) Of the at-large judgeships of the 19th judicial
circuit, the first 3 that are or become vacant on or after the
effective date of this amendatory Act of the 96th General
Assembly shall become resident judgeships of the 19th judicial
circuit to be allotted by the Supreme Court under subsection
(c) and filled by election, except that the Supreme Court may
fill those judgeships by appointment for any remainder of a
vacated term until the resident judgeships are filled
initially by election. As used in this subsection, a vacancy
does not include the expiration of a term of an at-large judge
who seeks retention in that office at the next term.
(a-10) The 19th judicial circuit shall have 3 additional
resident judgeships to be allotted by the Supreme Court under
subsection (c). One of the additional resident judgeships
shall be filled by election beginning at the 2010 general
election. Two of the additional resident judgeships shall be
filled by election beginning at the 2012 general election.
(a-15) The 19th judicial circuit shall have additional
resident judgeships as provided by subsection (a-3) to be
allotted by the Supreme Court under subsection (c). The
resident judgeships shall be allotted by the Supreme Court in
numerical order as provided by the General Assembly upon the
redrawing of boundaries and the division of subcircuits
pursuant to subsection (a-3). Two additional resident
judgeships allotted by the Supreme Court pursuant to this
subsection, in numerical order as provided by the General
Assembly, shall be filled by election beginning at the 2022
general election. The remainder of the additional resident
judgeships shall be filled by election at the 2024 election.
(a-20) In addition to the 2 judgeships filled by election
at the 2022 election as provided by subsection (a-15), any
judgeship that became vacant after January 1, 2020 and on the
effective date of this amendatory Act of the 102nd General
Assembly is held by an individual appointed by the Supreme
Court also shall be filled by election at the 2022 general
election. This subsection is subject to the requirement of
subsection (a-3) that no judgeship shall be allotted by the
Supreme Court and filled by election if, after the vacancy
arises, there are still 2 or more nonvacant resident
judgeships in the subcircuit of the vacant resident judgeship
in question.
(b) The 19th circuit shall have a total of 12 resident
judgeships (6 resident judgeships existing on the effective
date of this amendatory Act of the 96th General Assembly, 3
formerly at-large judgeships as provided in subsection (a-5),
and 3 resident judgeships added by subsection (a-10)). The
number of resident judgeships allotted to subcircuits of the
19th judicial circuit pursuant to this Section shall
constitute all the resident judgeships of the 19th judicial
circuit.
(c) The Supreme Court shall allot (i) all vacancies in
resident judgeships of the 19th circuit existing on or
occurring on or after the effective date of this amendatory
Act of the 93rd General Assembly and not filled at the 2004
general election, (ii) the resident judgeships of the 19th
circuit filled at the 2004 general election as those
judgeships thereafter become vacant, (iii) the 3 formerly
at-large judgeships described in subsection (a-5) as they
become available, (iv) the 3 resident judgeships added by
subsection (a-10), and (v) the additional resident judgeships
provided for by subsection (a-3), for election from the
various subcircuits until there are 2 resident judges to be
elected from each subcircuit. No resident judge of the 19th
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 resident judgeships are allotted by the
Supreme Court in accordance with this Section.
(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.
(e) Vacancies in resident judgeships of the 19th circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution.
(Source: P.A. 101-477, eff. 6-1-20; 102-380, eff. 8-13-21.)
(705 ILCS 35/2f-4)
Sec. 2f-4. 12th circuit; subcircuits; additional judges.
(a) The 12th circuit shall be divided into 5 subcircuits.
The subcircuits shall be compact, contiguous, and
substantially equal in population. The General Assembly by law
shall create the subcircuits, using population data as
determined by the 2000 federal census, and shall determine a
numerical order for the 5 subcircuits. That numerical order
shall be the basis for the order in which resident judgeships
are assigned to the subcircuits. The 5 resident judgeships to
be assigned after the effective date of this amendatory Act of
the 96th General Assembly shall be assigned to the 3rd, 4th,
5th, 1st, and 2nd subcircuits, in that order. Once a resident
judgeship is assigned to a subcircuit, it shall continue to be
assigned to that subcircuit for all purposes.
(a-5) In 2022 In 2021, the General Assembly shall redraw
the boundaries of the subcircuits to reflect the results of
the 2020 federal decennial census. The General Assembly shall
redraw the subcircuit boundaries after every federal decennial
census. The subcircuits shall be compact, contiguous, and
substantially equal in population. In accordance with
subsection (a), a resident judgeship assigned to a subcircuit
shall continue to be assigned to that subcircuit. Any vacancy
in a resident judgeship existing on or occurring after the
effective date of a law redrawing the boundaries of the
subcircuits shall be filled by a resident of the redrawn
subcircuit.
(a-10) The first vacancy in the 12th judicial circuit's 10
existing circuit judgeships (8 at large and 2 resident), but
not in the additional judgeships described in subsections (b)
and (b-5), that exists on or after the effective date of this
amendatory Act of the 94th General Assembly shall not be
filled, by appointment or election, and that judgeship is
eliminated. Of the 12th judicial circuit's 10 existing circuit
judgeships (8 at large and 2 resident), but not the additional
judgeships described in subsections (b) and (b-5), the second
to be vacant or become vacant on or after the effective date of
this amendatory Act of the 94th General Assembly shall be
allotted as a 12th circuit resident judgeship under subsection
(c).
(a-15) Of the at large judgeships of the 12th judicial
circuit not affected by subsection (a-10), the first 2 that
are or become vacant on or after the effective date of this
amendatory Act of the 96th General Assembly shall become
resident judgeships of the 12th judicial circuit to be
allotted by the Supreme Court under subsection (c) and filled
by election, except that the Supreme Court may fill those
judgeships by appointment for any remainder of a vacated term
until the resident judgeships are filled initially by
election.
(a-20) As used in subsections (a-10) and (a-15), a vacancy
does not include the expiration of a term of an at large or
resident judge who seeks retention in that office at the next
term.
(b) The 12th circuit shall have 6 additional resident
judgeships, as well as its existing resident judgeship as
established in subsection (a-10), and existing at large
judgeships, for a total of 15 judgeships available to be
allotted under subsection (c) to the 10 subcircuit resident
judgeships. The additional resident judgeship created by
Public Act 93-541 shall be filled by election beginning at the
general election in 2006. The 2 additional resident judgeships
created by this amendatory Act of 2004 shall be filled by
election beginning at the general election in 2008. The
additional resident judgeships created by this amendatory Act
of the 96th General Assembly shall be filled by election
beginning at the general election in 2010. After the
subcircuits are created by law, the Supreme Court may fill by
appointment the additional resident judgeships created by
Public Act 93-541, this amendatory Act of 2004, and this
amendatory Act of the 96th General Assembly until the 2006,
2008, or 2010 general election, as the case may be.
(b-5) In addition to the number of circuit judges and
resident judges otherwise authorized by law, and
notwithstanding any other provision of law, beginning on April
1, 2006 there shall be one additional resident judge who is a
resident of and elected from the fourth judicial subcircuit of
the 12th judicial circuit. That additional resident judgeship
may be filled by appointment by the Supreme Court until filled
by election at the general election in 2008, regardless of
whether the judgeships for subcircuits 1, 2, and 3 have been
filled.
(c) The Supreme Court shall allot (i) the additional
resident judgeships of the 12th circuit created by Public Act
93-541, this amendatory Act of 2004, and this amendatory Act
of the 96th General Assembly, (ii) the second vacancy in the at
large and resident judgeships of the 12th circuit as provided
in subsection (a-10), and (iii) the 2 formerly at large
judgeships described in subsection (a-15) as they become
available, for election from the various subcircuits until,
with the additional judge of the fourth subcircuit described
in subsection (b-5), there are 2 resident judges to be elected
from each subcircuit. No at large or resident judge of the 12th
circuit serving on August 18, 2003 shall be required to change
his or her residency in order to continue serving in office or
to seek retention in office as at large or resident judgeships
are allotted by the Supreme Court in accordance with this
Section.
(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.
(e) Vacancies in resident judgeships of the 12th circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution, except as otherwise provided in this
Section.
(Source: P.A. 101-477, eff. 6-1-20.)
(705 ILCS 35/2f-5)
Sec. 2f-5. 22nd circuit; subcircuits; additional resident
judgeship.
(a) The 22nd circuit shall be divided into 4 subcircuits.
The subcircuits shall be compact, contiguous, and
substantially equal in population. The General Assembly by law
shall create the subcircuits, using population data as
determined by the 2000 federal census, and shall determine a
numerical order for the 4 subcircuits. That 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.
(a-5) In 2022 In 2021, the General Assembly shall redraw
the boundaries of the subcircuits to reflect the results of
the 2020 federal decennial census. The General Assembly shall
redraw the subcircuit boundaries after every federal decennial
census. The subcircuits shall be compact, contiguous, and
substantially equal in population. In accordance with
subsection (a), a resident judgeship assigned to a subcircuit
shall continue to be assigned to that subcircuit. Any vacancy
in a resident judgeship existing on or occurring after the
effective date of a law redrawing the boundaries of the
subcircuits shall be filled by a resident of the redrawn
subcircuit.
(b) Other than the resident judgeship added by this
amendatory Act of the 96th General Assembly, the 22nd circuit
shall have one additional resident judgeship, as well as its 3
existing resident judgeships, for a total of 4 resident
judgeships to be allotted to the 4 subcircuit resident
judgeships. The additional resident judgeship created by this
amendatory Act of the 93rd General Assembly shall be filled by
election beginning at the general election in 2006 and shall
not be filled by appointment before the general election in
2006. The number of resident judgeships allotted to
subcircuits of the 22nd judicial circuit pursuant to this
Section, and the resident judgeship added by this amendatory
Act of the 96th General Assembly, shall constitute all the
resident judgeships of the 22nd judicial circuit.
(c) The Supreme Court shall allot (i) all eligible
vacancies in resident judgeships of the 22nd circuit existing
on or occurring on or after August 18, 2003 and not filled at
the 2004 general election, (ii) the resident judgeships of the
22nd circuit filled at the 2004 general election as those
judgeships thereafter become vacant, and (iii) the additional
resident judgeship of the 22nd circuit created by this
amendatory Act of the 93rd General Assembly, for election from
the various subcircuits until there is one resident judge to
be elected from each subcircuit. No resident judge of the 22nd
circuit serving on August 18, 2003 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.
(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.
(e) Vacancies in resident judgeships of the 22nd circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution.
(Source: P.A. 101-477, eff. 6-1-20.)
(705 ILCS 35/2f-6)
Sec. 2f-6. 17th judicial circuit; subcircuits.
(a) The 17th circuit shall be divided into 4 subcircuits.
The subcircuits shall be compact, contiguous, and
substantially equal in population. The General Assembly by law
shall create the subcircuits, using population data as
determined by the 2000 federal census, and shall determine a
numerical order for the 4 subcircuits. That 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.
(a-5) In 2022 In 2021, the General Assembly shall redraw
the boundaries of the subcircuits to reflect the results of
the 2020 federal decennial census. The General Assembly shall
redraw the subcircuit boundaries after every federal decennial
census. The subcircuits shall be compact, contiguous, and
substantially equal in population. In accordance with
subsection (a), a resident judgeship assigned to a subcircuit
shall continue to be assigned to that subcircuit. Any vacancy
in a resident judgeship existing on or occurring after the
effective date of a law redrawing the boundaries of the
subcircuits shall be filled by a resident of the redrawn
subcircuit.
(a-10) Of the 17th circuit's 9 circuit judgeships existing
on April 7, 2005 (6 at large and 3 resident), but not including
the one resident judgeship added by this amendatory Act of the
96th General Assembly, the 3 resident judgeships shall be
allotted as 17th circuit resident judgeships under subsection
(c) as those resident judgeships are or become vacant on or
after the effective date of this amendatory Act of the 93rd
General Assembly. Of the 17th circuit's associate judgeships,
the first associate judgeship that is or becomes vacant on or
after the effective date of this amendatory Act of the 93rd
General Assembly shall become a resident judgeship of the 17th
circuit to be allotted by the Supreme Court under subsection
(c) as a resident subcircuit judgeship. These resident
judgeships, and the one resident judgeship added by this
amendatory Act of the 96th General Assembly, shall constitute
all of the resident judgeships of the 17th 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. A vacancy does not exist or occur at the
expiration of an associate judge's term if the associate judge
is reappointed.
(b) The 17th circuit shall have a total of 4 judgeships (3
resident judgeships existing on April 7, 2005 and one
associate judgeship), but not including the one resident
judgeship added by this amendatory Act of the 96th General
Assembly, available to be allotted to the 4 subcircuit
resident judgeships.
(c) The Supreme Court shall allot (i) the 3 resident
judgeships of the 17th circuit existing on April 7, 2005 as
they are or become vacant as provided in subsection (a-10) and
(ii) the one associate judgeship converted into a resident
judgeship of the 17th circuit as it is or becomes vacant as
provided in subsection (a-10), for election from the various
subcircuits until there is one resident judge to be elected
from each subcircuit. No resident or associate judge of the
17th 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 or reappointment in office as resident
judgeships are allotted by the Supreme Court in accordance
with this Section.
(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.
(e) Vacancies in resident judgeships of the 17th circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution.
(Source: P.A. 101-477, eff. 6-1-20.)
(705 ILCS 35/2f-9)
Sec. 2f-9. 16th judicial circuit; subcircuits.
(a) The 16th circuit shall be divided into 4 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 Assembly by law shall create the subcircuits,
using population data as determined by the 2000 federal
census, and shall determine a numerical order for the 4
subcircuits. That 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.
(a-5) In 2022 In 2021, the General Assembly shall redraw
the boundaries of the subcircuits to reflect the results of
the 2020 federal decennial census. The General Assembly shall
redraw the subcircuit boundaries after every federal decennial
census. The subcircuits shall be compact, contiguous, and
substantially equal in population. In accordance with
subsection (a), a resident judgeship assigned to a subcircuit
shall continue to be assigned to that subcircuit. Any vacancy
in a resident judgeship existing on or occurring after the
effective date of a law redrawing the boundaries of the
subcircuits shall be filled by a resident of the redrawn
subcircuit.
(b) (Blank).
(c) 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.
(Source: P.A. 101-477, eff. 6-1-20.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.
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