Bill Text: IL SB1838 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Election Code. Permits establishment of a county board of election commissioners, by referendum initiated by the county board, in a county that has a municipality with a municipal board of election commissioners.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1838 Detail]

Download: Illinois-2011-SB1838-Amended.html

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Sen. David Koehler

Filed: 10/25/2011

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AMENDMENT TO SENATE BILL 1838
AMENDMENT NO. ______. Amend Senate Bill 1838 by replacing
everything after the enacting clause with the following:
"Section 5. The Election Code is amended by changing
Sections 6A-1, 6A-2, 6A-4, and 6A-5 and by adding Section
6-19.5 as follows:
(10 ILCS 5/6-19.5 new)
Sec. 6-19.5. Rejection of Article by superseding county
board of election commissioners. In addition to any other
method of rejection provided in this Article, when a county
board of election commissioners is established in accordance
with subsection (b) of Section 6A-1 in a county in which is
located any portion of a municipality with a municipal board of
election commissioners, the application of the provisions of
this Article to the territory of that municipality located
within that county is rejected.

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(10 ILCS 5/6A-1) (from Ch. 46, par. 6A-1)
Sec. 6A-1. Adoption of Article.
(a) Any county in which there is no city, village or
incorporated town with a board of election commissioners may
establish a county board of election commissioners either (1)
by ordinance of the county board or (2) by vote of the electors
of the county in accordance with subsection (a) of Section
6A-2.
The fact that some territory in a county is within the
corporate limits of a city, village or incorporated town with a
board of election commissioners does not prevent that county
from establishing a county board of election commissioners in
accordance with this Article if no portion of such city,
village or incorporated town was within the county at the time
of the establishment of the board of election commissioners for
such city, village or incorporated town. If such a county
establishes a county board of election commissioners pursuant
to this Article, the county board of election commissioners
shall, with respect to the territory in the county within the
corporate limits of the city, village or incorporated town,
supersede the board of election commissioners of that city,
village or incorporated town.
(b) Any county with a population of less than 200,000 but
more than 175,000 persons as of the 2010 federal census in
which a city, village, or incorporated town with a board of

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election commissioners is located may establish a county board
of election commissioners by vote of the electors of the county
in accordance with subsection (b) of Section 6A-2. If such a
county establishes a county board of election commissioners,
the county board of election commissioners, with respect to the
territory in the county within the corporate limits of the
city, village, or incorporated town, shall supersede the board
of election commissioners of that city, village, or
incorporated town.
(Source: P.A. 81-1433.)
(10 ILCS 5/6A-2) (from Ch. 46, par. 6A-2)
Sec. 6A-2. Submission to voters.
(a) Whenever registered voters in a the county described in
subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8
of the number voting at the last preceding general election in
the county, whichever is less, petition the circuit court to
submit to the electors of the county a proposition to establish
a county board of election commissioners, the circuit court
shall cause such proposition to be submitted to the electors of
the county at the next succeeding general election.
(b) After approval and certification by the county board of
a county described in subsection (b) of Section 6A-2, the
proposition to establish a county board of election
commissioners shall be submitted to the electors of that county
at the next possible general election.

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(c) The proposition shall be submitted in the same manner
as provided in Article 6 for the adoption of Articles 6, 14 and
18 by cities, villages and incorporated towns, except that the
question shall be stated: "Shall a board of election
commissioners be established for .... County?"
(Source: P.A. 78-465.)
(10 ILCS 5/6A-4) (from Ch. 46, par. 6A-4)
Sec. 6A-4. Transfer of records. Upon the opening of the
office of the county board of election commissioners, the
county clerk and any municipal board of election commissioners
in the county shall turn over to such county board all registry
books, registration record cards, poll books, tally sheets and
ballot boxes and all other books, forms, blanks and stationery
of every description in the clerk's or municipal board's
possession his hands in any way relating to elections or the
holding of elections in the county and any unused
appropriations related to elections or the holding of elections
in the county. Thereupon, all functions, powers and duties of
the county clerk, or the county board, or the municipal board
relating to elections in that county are transferred to the
county board of election commissioners.
(Source: P.A. 78-465.)
(10 ILCS 5/6A-5) (from Ch. 46, par. 6A-5)
Sec. 6A-5. The provisions of Articles 6, 14 and 18 of this

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Act relating to boards of election commissioners in cities,
villages and incorporated towns shall, insofar as they can be
made applicable, apply to and govern county boards of election
commissioners established pursuant to this Article. For a
county described in subsection (b) of Section 6A-2, the board
of election commissioners shall be composed of 5 members
appointed by the circuit court of the county, at least 2
members shall reside in the municipality that had a board of
election commissioners superseded by subsection (b) of Section
6A-2 and shall be selected from the 2 leading political parties
of the State, one from each of those parties, and at least 2
members shall reside outside of such municipality but within
the county and shall be selected from the 2 leading political
parties of the State, one from each of those parties. A deputy
registrar serving as such by virtue of his status as a
municipal clerk, or a duly authorized deputy of a municipal
clerk, of a municipality the territory of which lies in more
than one county, where one such county is governed by a county
board of election commissioners established pursuant to this
Article, may accept the registration of any qualified resident
of the municipality, regardless of which county the resident,
municipal clerk or the duly authorized deputy of the municipal
clerk lives in. The annual budget for a county board of
election commissioners shall be determined by the county board
of that county. However, the county board, in fixing the
compensation of the members of the county board of election

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commissioners and of the executive director and assistant
executive director, is not subject to the limitations of
Section 6-70 and may provide for either an annual salary or a
per diem compensation.
(Source: P.A. 85-958.)
Section 99. Effective date. This Act takes effect upon
becoming law.".