Bill Text: IL SB1592 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Elections Code. Allows counties to create a board of election commissioners within the office of the county clerk. Sets forth procedures for adoption, compensation, effect, transfer of records, procurement of supplies, references, personnel, and legal representation. Creates a county director of elections. Requires certain meetings of the board. Requires retention of records and audits. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Engrossed) 2017-05-19 - Committee Deadline Extended-Rule 9(b) May 26, 2017 [SB1592 Detail]

Download: Illinois-2017-SB1592-Engrossed.html



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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing Section
56-19.5 and by adding Article 6B as follows:
6 (10 ILCS 5/6-19.5)
7 Sec. 6-19.5. Rejection of Article by superseding county
8board of election commissioners. In addition to any other
9method of rejection provided in this Article, when a county
10board of election commissioners is established in accordance
11with subsection (c) of Section 6A-1, or when a county board of
12election commissioners within the office of the county clerk is
13established in accordance with Article 6B, in a county in which
14is located any portion of a municipality with a municipal board
15of election commissioners, the application of the provisions of
16this Article to the territory of that municipality located
17within that county is rejected.
18(Source: P.A. 98-115, eff. 7-29-13.)
19 (10 ILCS 5/Art. 6B heading new)
20
ARTICLE 6B. COUNTY BOARD OF ELECTION COMMISSIONERS WITHIN THE
21
OFFICE OF THE COUNTY CLERK

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1 (10 ILCS 5/6B-1 new)
2 Sec. 6B-1. Adoption of this Article.
3 (a) Any county may adopt this Article and establish a
4county board of election commissioners within the office of the
5county clerk by (1) ordinance of the county board and with the
6approval of the county clerk, or (2) by vote of the electors of
7the county.
8 (b) When a county board of election commissioners within
9the office of the county clerk is established in accordance
10with this Section in a county in which is located any portion
11of a municipality with a municipal board of election
12commissioners, the application of the provisions of Article 6
13of this Code to the territory of that municipality located
14within that county is rejected.
15 (c) When a county board of election commissioners within
16the office of the county clerk is established in accordance
17with this Section in a county that has previously adopted
18Article 6A of this Code, the application of the provisions of
19Article 6A to that county is rejected.
20 (d) The provisions of this Article 6B are not applicable to
21or available to a county if, prior to January 1, 2017, a city,
22village, or incorporated town located in whole or in part
23within the county has established a board of election
24commissioners pursuant to Article 6 of this Code and that board
25of election commissioners of the city, village, or incorporated
26town has not been superseded by a county board of election

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1commissioners in the portion of the city, village, or
2incorporated town located within the county under Article 6A of
3this Code.
4 (10 ILCS 5/6B-5 new)
5 Sec. 6B-5. County board of election commissioners within
6the office of the county clerk.
7 (a) There is created a county board of election
8commissioners within the office of the county clerk, which
9shall consist of 5 members, all of whom shall be residents of
10that county. The county clerk shall serve ex officio as an
11election commissioner, with vote, and as chairman of the county
12board of election commissioners.
13 (b) The chairman of the county board, with the advice and
14consent of the county board, shall appoint the remaining 4
15commissioners. Two of those commissioners shall be affiliated
16with the political party that received the highest statewide
17vote total in the last gubernatorial election. The remaining 2
18commissioners shall be affiliated with the political party that
19received the second highest statewide vote total in the last
20gubernatorial general election. Commissioners appointed by the
21chairman of the county board shall be persons who have
22extensive knowledge of the election process of the State and
23county.
24 (c) When selecting commissioners from a political party
25other than his or her own, the chairman of the county board

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1shall select the commissioners from a list of suggestions
2submitted to him or her by a group of 5 elected officials who
3are members of that other political party.
4 The group of elected officials who may submit suggestions
5to the chairman shall be comprised of the 5 longest serving
6members of the county board who belong to that other political
7party. If there are fewer than 5 county board members of that
8other political party, then the remaining officials shall be
9the longest serving members of the General Assembly who are
10members of that other political party and represent at least 20
11precincts of that county.
12 If General Assembly members have served in the General
13Assembly for an equal amount of time, then the member who
14represents more precincts of the county shall be selected to
15the group submitting suggestions to the chairman.
16 Each of the 5 elected officials submitting suggestions to
17the chairman shall submit 2 names per vacancy.
18 (d) For the initial appointments to a board of election
19commissioners within the office of the county clerk, 2
20commissioners, one each from each political party, shall be
21appointed to serve a 2-year term, and 2 commissioners shall be
22appointed to serve a 4-year term. Successor members shall serve
23for terms of 4 years.
24 (e) The chairman of the county board shall provide public
25notice of a vacancy on the county board of election
26commissioners within the office of the county clerk before

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1appointing a replacement.
2 (f) Appointments to fill vacancies on the county board of
3election commissioners within the office of the county clerk
4shall be consistent with the manner of the original
5appointment.
6 (g) No appointed election commissioner may hold, accept, or
7seek election or appointment to any other public or political
8office during the term to which he or she was appointed an
9election commissioner.
10 (h) Each appointed election commissioner, before taking
11his or her seat on the board, shall take an oath of office,
12which in substance shall be in the following form:
13 "I, ...., do solemnly swear (or affirm) that I am a citizen
14of the United States, that I am a legal voter and resident of
15the County of ...., that I will support the Constitution of the
16United States and of the State of Illinois, and the laws passed
17in pursuance thereof, to the best of my ability, and that I
18will faithfully and honestly discharge the duties of the office
19of election commissioner."
20 The oath, when subscribed and sworn to, shall be filed in
21the office of the county clerk of the county and be there
22preserved. Such appointed election commissioner shall also,
23before taking such oath, give an official bond in the sum of
24$10,000.00 with two securities, to be approved by the county
25clerk, conditioned for the faithful and honest performance of
26his or her duties and the preservation of the property of his

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1or her office.
2 (10 ILCS 5/6B-10 new)
3 Sec. 6B-10. Compensation of appointed election
4commissioners. The county board shall determine the
5compensation of the election commissioners other than the
6county clerk, who shall receive no additional compensation for
7his service as chairman or as a member of the board of election
8commissioners. The county board may, by ordinance, provide for
9an annual salary for the election commissioners other than the
10county clerk in an amount not to exceed 20% of the salary of
11any county board member or authorize payment on a per diem or
12per meeting basis. The county board shall not alter the manner
13or the amount of compensation of an election commissioner to
14take effect during an election commissioner's present term of
15office. The provisions of the Local Government Officer
16Compensation Act shall not apply to the compensation appointed
17election commissioners.
18 (10 ILCS 5/6B-15 new)
19 Sec. 6B-15. Superseding effect. The fact that some
20territory in a county is within the corporate limits of a city,
21village, or incorporated town with a board of election
22commissioners does not prevent that county from establishing a
23county board of election commissioners in accordance with this
24Article. If such a county establishes a county board of

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1election commissioners within the office of the county clerk
2pursuant to this Article, the county board of election
3commissioners within the office of the county clerk shall, with
4respect to the territory in the county within the corporate
5limits of the city, village, or incorporated town, supersede
6the board of election commissioners of that city, village, or
7incorporated town.
8 (10 ILCS 5/6B-20 new)
9 Sec. 6B-20. Transfer of records. Upon a county's adoption
10of this Article, an existing county board of election
11commissioners established under Article 6A of this Code and any
12municipal board of election commissioners in the county shall
13turn over to the new county board of election commissioners all
14registry books, registration record cards, poll books, tally
15sheets and ballot boxes, and all other books, forms, blanks,
16and stationery of every description in the former commissions'
17possession in any way relating to elections or the holding of
18elections in the county and any unused appropriations related
19to elections or the holding of elections in the county.
20Thereupon, all functions, powers, and duties of the county
21clerk, the county board, or board of election commissioners
22relating to elections in that county are transferred to the
23county board of election commissioners within the office of the
24county clerk.

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1 (10 ILCS 5/6B-25 new)
2 Sec. 6B-25. County director of elections. The chairman of
3the board of election commissioners within the office of the
4county clerk shall have the right to employ a county director
5of elections who shall have charge of the office of said board
6and who shall be present and in attendance at all proper
7business hours. The director shall take an oath of office to
8the effect that he or she will honestly and faithfully perform
9all the duties of the office, under the direction of the
10chairman of the board, which shall be preserved in the same
11way, and he shall be under the direction of the chairman of
12board, and he or she shall have the right to administer all
13oaths required under this Code to be administered by the
14commissioners.
15 (10 ILCS 5/6B-30 new)
16 Sec. 6B-30. Procurement of election supplies, equipment,
17and services.
18 (a) A county board of election commissioners within the
19office of the county clerk shall procure all election supplies,
20equipment, and services, other than professional services,
21necessary to perform the election-related duties imposed on it
22under Articles 6, 14, and 18 of this Code in accordance with
23the centralized purchasing procedures established by the
24county board of the county. Any procurements shall be
25authorized by the board of election commissioners within the

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1office of the county clerk, rather than by the county board,
2subject to appropriation, and in the manner Section 5-1022 of
3the Counties Code authorizes county boards to make these
4purchases.
5 (b) A county board of election commissioners within the
6office of the county clerk may determine the method by which it
7procures election-related professional services subject to
8appropriation consistent with the requirements of law and
9county ordinance.
10 (c) The provisions of the Local Government Prompt Payment
11Act apply to all procurements of election supplies, equipment,
12and services as set forth in this Section.
13 (10 ILCS 5/6B-35 new)
14 Sec. 6B-35. Applicability of Articles 6, 14, and 18. The
15provisions of Articles 6, 14, and 18 of this Act, other than
16Section 6-70, relating to boards of election commissioners in
17cities, villages, and incorporated towns shall, insofar as they
18can be made applicable, apply to and govern county boards of
19election commissioners within the office of the county clerk
20established pursuant to this Article. Whenever Article 6
21requires an act of the commissioners to be accompanied by the
22advice, consent, or approval of the circuit court, the act by a
23county board of election commissioners within the office of the
24county clerk shall be accompanied by the advice, consent, or
25approval of the county clerk.

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1 A deputy registrar serving as such by virtue of his or her
2status as a municipal clerk, or a duly authorized deputy of a
3municipal clerk, of a municipality the territory of which lies
4in more than one county, where one such county is governed by a
5county board of election commissioners within the office of the
6county clerk established pursuant to this Article, may accept
7the registration of any qualified resident of the municipality,
8regardless of which county the resident, municipal clerk or the
9duly authorized deputy of the municipal clerk lives in.
10 (10 ILCS 5/6B-40 new)
11 Sec. 6B-40. References to county clerk. Any references in
12this Code to the county clerk, other than as described in this
13Article, or the county board with respect to the registration
14of voters, filing of petitions, certification of candidates,
15preparation of ballots, establishment of election precincts,
16designation of polling places, or any other matter pertaining
17to the conduct of elections, shall, as applied to any county
18having a county board of election commissioners within the
19office of the county clerk, be construed as referring to the
20county board of election commissioners within the office of the
21county clerk.
22 (10 ILCS 5/6B-45 new)
23 Sec. 6B-45. Personnel. The chairman of the board of
24election commissioners shall hire all personnel necessary for

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1the commission to perform the duties enjoined upon it by
2statute and determine their compensation. All personnel hired
3by the chairman of the board of election commissioners shall be
4employees of the county clerk and subject to all employment
5policies as the clerk may from time to time promulgate. All
6personnel hired under this Section shall also be deemed
7employees of the respective county for payroll, taxation, and
8employee benefit purposes.
9 (10 ILCS 5/6B-50 new)
10 Sec. 6B-50. Legal representation. The State's Attorney of
11the county shall be the exclusive legal representative of the
12county board of election commissioners within the office of the
13county clerk.
14 (10 ILCS 5/6B-55 new)
15 Sec. 6B-55. Meetings of the election commissioners. A
16county board of election commissioners within the office of the
17county clerk is a public body, as the Open Meetings Act defines
18the term, and shall be subject to all of the requirements of
19that Act. The election commissioners shall meet as frequently
20as their duties may require, but no less frequently than 10
21times annually, whether sitting as the county board of election
22commissioners or as an electoral board for the purpose of
23hearing and passing on objector's petitions as set forth in
24Section 10-9 of this Code, and may meet in any location in

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1their county that is convenient and accessible to the public.
2 (10 ILCS 5/6B-60 new)
3 Sec. 6B-60. County officers electoral board. The county
4board of election commissioners within the office of the county
5clerk shall have the same powers and duties as a county board
6of election commissioners for the purpose of the hearing and
7passing on objector's petitions as set forth in Section 10-9 of
8this Code and shall constitute the county officers electoral
9board in such county. Whenever the chairman of a county board
10of election commissioners is a candidate for an office with
11relation to which an objector's petition is filed, he shall not
12be eligible to serve on that board and shall not act as a
13member of the board and his or her place shall be filled as set
14forth in Section 10-9 of the Code with respect to all
15proceedings involving such an objection.
16 (10 ILCS 5/6B-65 new)
17 Sec. 6B-65. Retention of records. The clerk shall retain
18all records of the county board of election commissioners
19within the office of the county clerk in the manner required by
20federal and State law. In the event of a conflict between
21multiple provisions of law, the clerk shall retain all records
22in accordance with the provision that requires the greatest
23period of retention.

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1 (10 ILCS 5/6B-70 new)
2 Sec. 6B-70. Audit and payment. The county auditor or a
3person performing the duties of the county auditor shall audit
4the salaries and expenses of the county board of election
5commissioners within the office of the county clerk. All
6salaries and expenditures for an audit shall be paid by the
7county upon the warrant of the county clerk of any money in the
8county treasury not otherwise appropriated.
9 Section 99. Effective date. This Act takes effect upon
10becoming law.
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