SB1592 100TH GENERAL ASSEMBLY

LRB100 10571 MLM 20788 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1592

Introduced 2/9/2017, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:

10 ILCS 5/6-19.5
10 ILCS 5/Art. 6B heading new
10 ILCS 5/6B-1 new
10 ILCS 5/6B-5 new
10 ILCS 5/6B-10 new
10 ILCS 5/6B-15 new
10 ILCS 5/6B-20 new
10 ILCS 5/6B-25 new
10 ILCS 5/6B-30 new
10 ILCS 5/6B-35 new
10 ILCS 5/6B-40 new
10 ILCS 5/6B-45 new
10 ILCS 5/6B-50 new
10 ILCS 5/6B-55 new
10 ILCS 5/6B-60 new
10 ILCS 5/6B-65 new
10 ILCS 5/6B-70 new

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.

A BILL FOR

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 Section 6-19.5 and by adding Article 6B as follows:

(10 ILCS 5/6-19.5)

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 (c) of Section 6A-1, or when a county board of election commissioners within the office of the county clerk is established in accordance with Article 6B, 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.

(Source: P.A. 98-115, eff. 7-29-13.)

(10 ILCS 5/Art. 6B heading new)

ARTICLE 6B. COUNTY BOARD OF ELECTION COMMISSIONERS WITHIN THE

OFFICE OF THE COUNTY CLERK

(10 ILCS 5/6B-1 new)

Sec. 6B-1. Adoption of this Article.

(a) Any county may adopt this Article and establish a county board of election commissioners within the office of the county clerk by (1) ordinance of the county board and with the approval of the county clerk, or (2) by vote of the electors of the county.

(b) When a county board of election commissioners within the office of the county clerk is established in accordance with this Section 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 Article 6 of this Code to the territory of that municipality located within that county is rejected.

(c) When a county board of election commissioners within the office of the county clerk is established in accordance with this Section in a county that has previously adopted Article 6A of this Code, the application of the provisions of Article 6A to that county is rejected.

(10 ILCS 5/6B-5 new)

Sec. 6B-5. County board of election commissioners within the office of the county clerk.

(a) A county board of election commissioners within the office of the county clerk shall consist of 5 commissioners. The county clerk shall serve ex-officio as an election commissioner, with vote, and as chairman of the county board of election commissioners.

(b) The chairman of the county board shall appoint, with the advice and consent of the county board, 4 commissioners from among the 2 leading established political parties of the State, with at least 2 commissioners from each of those parties. Two of the commissioners first appointed shall hold their offices until June 1 of the next odd-numbered year and the remaining 2 commissioners shall hold their offices until June 1 of the next following odd-numbered year and until their successors have been appointed and qualified. Thereafter the commissioners and their successors shall be appointed for 4-year terms such that not more than one commissioner from each leading political party may be designated for the same term.

(c) The county clerk shall give written notice to the chairman of the county board and the chairman of the county central committee of each leading political party (i) within 3 days of any vacancy in the office of election commissioner and (ii) 60 days prior to the expiration of an election commissioner's term of office as set forth in subsection (b) of this Section. The notice shall reflect the name of each commissioner who has resigned or whose term is expiring and the commissioner's political affiliation. Prior to his appointment of commissioners under this Section, the chairman of the county board shall consult with elected officials who are members of the respective leading political parties and seek their recommendation as to prospective commissioners.

(d) No appointed election commissioner may hold, accept, or seek election or appointment to any other public or political office during the term to which he or she was appointed an election commissioner.

(e) Each appointed election commissioner, before taking his or her seat on the board, shall take an oath of office, which in substance shall be in the following form:

"I, .... do solemnly swear, (or affirm) that I am a citizen of the United States, and that I am a legal voter and resident of the County of .... That I will support the Constitution of the United States and of the State of Illinois, and the laws passed in pursuance thereof, to the best of my ability, and will faithfully and honestly discharge the duties of the office of election commissioner."

The oath, when subscribed and sworn to, shall be filed in the office of the county clerk of the county and be there preserved. Such appointed election commissioner shall also, before taking such oath, give an official bond in the sum of $10,000.00 with two securities, to be approved by the county clerk, conditioned for the faithful and honest performance of his or her duties and the preservation of the property of his or her office.

(10 ILCS 5/6B-10 new)

Sec. 6B-10. Compensation of appointed election commissioners. The county board shall determine the compensation of the election commissioners other than the county clerk, who shall receive no additional compensation for his service as chairman or as a member of the board of election commissioners. The county board may, by ordinance, provide for an annual salary for the election commissioners other than the county clerk or authorize payment on a per diem or per meeting basis. The county board shall not alter the manner or the amount of compensation of an election commissioner to take effect during an election commissioner's present term of office. The provisions of the Local Government Officer Compensation Act shall not apply to the compensation appointed election commissioners.

(10 ILCS 5/6B-15 new)

Sec. 6B-15. Superseding effect. 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 such a county establishes a county board of election commissioners within the office of the county clerk pursuant to this Article, the county board of election commissioners within the office of the county clerk 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.

(10 ILCS 5/6B-20 new)

Sec. 6B-20. Transfer of records. Upon a county's adoption of this Article, an existing county board of election commissioners established under Article 6A of this Code and any municipal board of election commissioners in the county shall turn over to the new county board of election commissioners 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 former commissions' possession 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, the county board, or board of election commissioners relating to elections in that county are transferred to the county board of election commissioners within the office county clerk.

(10 ILCS 5/6B-25 new)

Sec. 6B-25. County director of elections. The chairman of the board of election commissioners within the office of the county clerk shall have the right to employ a county director of elections who shall have charge of the office of said board and who shall be present and in attendance at all proper business hours. The director shall take an oath of office to the effect that he or she will honestly and faithfully perform all the duties of the office, under the direction of the chairman of the board, which shall be preserved in the same way, and he shall be under the direction of the chairman of board, and he or she shall have the right to administer all oaths required under this Code to be administered by the commissioners.

(10 ILCS 5/6B-30 new)

Sec. 6B-30. Procurement of election supplies, equipment, and services.

(a) A county board of election commissioners within the office of the county clerk shall procure all election supplies, equipment, and services, other than professional services, necessary to perform the election-related duties imposed on it under Articles 6, 14, and 18 of this Code in accordance with the centralized purchasing procedures established by the county board of the county. Any procurements shall be authorized by the board of election commissioners within the office of the county clerk, rather than by the county board, subject to appropriation, and in the manner Section 5-1022 of the Counties Code authorizes county boards to make these purchases.

(b) A county board of election commissioners within the office of the county clerk may determine the method by which it procures election-related professional services subject to appropriation consistent with the requirements of law and county ordinance.

(c) The provisions of the Local Government Prompt Payment Act apply to all procurements of election supplies, equipment, and services as set forth in this Section.

(10 ILCS 5/6B-35 new)

Sec. 6B-35. Applicability of Articles 6, 14, and 18. The provisions of Articles 6, 14, and 18 of this Act, other than Section 6-70, 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 within the office of the county clerk established pursuant to this Article. Whenever Article 6 requires an act of the commissioners to be accompanied by the advice, consent, or approval of the circuit court, the act by a county board of election commissioners within the office of the county clerk shall be accompanied by the advice, consent, or approval of the county clerk.

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 within the office of the county clerk 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.

(10 ILCS 5/6B-40 new)

Sec. 6B-40. References to county clerk. Any references in this Code to the county clerk, other than as described in this Article, or the county board with respect to the registration of voters, filing of petitions, certification of candidates, preparation of ballots, establishment of election precincts, designation of polling places, or any other matter pertaining to the conduct of elections, shall, as applied to any county having a county board of election commissioners within the office of the county clerk, be construed as referring to the county board of election commissioners within the office of the county clerk.

(10 ILCS 5/6B-45 new)

Sec. 6B-45. Personnel. The chairman of the board of election commissions shall hire all personnel necessary for the commission to perform the duties enjoined upon it by statute and determine their compensation. All personnel hired by the chairman of the board of election commissioners shall be employees of the county clerk and subject to all employment policies as the clerk may from time to time promulgate. All personnel hired under this Section shall also be deemed employees of the respective county for payroll, taxation, and employee benefit purposes.

(10 ILCS 5/6B-50 new)

Sec. 6B-50. Legal representation. The State's Attorney of the county shall be the exclusive legal representative of the county board of election commissioners within the office of the county clerk.

(10 ILCS 5/6B-55 new)

Sec. 6B-55. Meetings of the election commissioners. A county board of election commissioners within the office of the county clerk is a public body, as the Open Meetings Act defines the term, and shall be subject to all of the requirements of that Act. The election commissioners shall meet as frequently as their duties may require, but no less frequently than 10 times annually, whether sitting as the county board of election commissioners or as an electoral board the purpose of the hearing and passing on objector's petitions as set forth in Section 10-9 of this Code, and may meet in any location in their county that is convenient and accessible to the public.

(10 ILCS 5/6B-60 new)

Sec. 6B-60. County officers electoral board. The county board of election commissions within the office of the county clerk shall have the same powers and duties as a county board of election commissioners for the purpose of the hearing and passing on objector's petitions as set forth in Section 10-9 of this Code and shall constitute the county officers electoral board in such county. Whenever the chairman of a county board of election commissioners is a candidate for an office with relation to which an objector's petition is filed, he shall not be eligible to serve on that board and shall not act as a member of the board and his place shall be filled as set forth in Section 10-9 of the Code with respect to all proceedings involving such an objection.

(10 ILCS 5/6B-65 new)

Sec. 6B-65. Retention of records. The clerk shall retain all records of the county board of election commissioners within the office of the county clerk in the manner required by federal and State law. In the event of a conflict between multiple provisions of law, the clerk shall retain all records in accordance with the provision that requires the greatest period of retention.

(10 ILCS 5/6B-70 new)

Sec. 6B-70. Audit and payment. The county auditor or a person performing the duties of the county auditor shall audit the salaries and expenses of the county board of election commissioners within the office of the county clerk. All salaries and expenditures for an audit shall be paid by the county upon the warrant of the county clerk of any money in the county treasury not otherwise appropriated.

Section 99. Effective date. This Act takes effect upon becoming law.