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91_HB2035
LRB9102406MWsbA
1 AN ACT to amend the Election Code by changing Sections
2 7-30, 13-1, 13-2, 13-3, 13-4, 13-8, 14-1, 14-5, and 14-7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 7-30, 13-1, 13-2, 13-3, 13-4, 13-8, 14-1, 14-5, and
7 14-7 as follows:
8 (10 ILCS 5/7-30) (from Ch. 46, par. 7-30)
9 Sec. 7-30. Previous to any vote being taken, the primary
10 judges shall severally subscribe and take an oath or
11 affirmation in the following form, to-wit:
12 "I do solemnly swear (or affirm, as the case may be),
13 that I will support the Constitution of the United States and
14 the Constitution of the State of Illinois, and will
15 faithfully and honestly discharge the duties of primary
16 judge, according to the best of my ability, and that I have
17 resided in this State for 30 days, (and only in the case of a
18 primary judge in counties of less than 500,000 inhabitants
19 the following: in this precinct 30 days next preceding this
20 primary), (and in the case of a registered voter, am entitled
21 to vote at this primary).
22 All persons subscribing the oath as aforesaid, and all
23 persons actually serving as primary judges, whether sworn or
24 not, shall be deemed to be and are hereby declared to be
25 officers of the circuit court of their respective counties.
26 (Source: P.A. 80-178; 80-704; 80-1364.)
27 (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
28 Sec. 13-1. In counties not under township organization,
29 the county board of commissioners shall at its meeting in May
30 in each even-numbered year appoint in each election precinct
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1 5 capable and discreet persons electors meeting the
2 qualifications of Section 13-4 to be judges of election.
3 Where neither voting machines nor electronic, mechanical or
4 electric voting systems are used, the county board may, for
5 any precinct with respect to which the board considers such
6 action necessary or desirable in view of the number of
7 voters, and shall for general elections for any precinct
8 containing more than 600 registered voters, appoint in
9 addition to the 5 judges of election a team of 5 tally
10 judges. In such precincts the judges of election shall
11 preside over the election during the hours the polls are
12 open, and the tally judges, with the assistance of the
13 holdover judges designated pursuant to Section 13-6.2, shall
14 count the vote after the closing of the polls. However, the
15 County Board of Commissioners may appoint 3 judges of
16 election to serve in lieu of the 5 judges of election
17 otherwise required by this Section to serve in any emergency
18 referendum, or in any odd-year regular election or in any
19 special primary or special election called for the purpose of
20 filling a vacancy in the office of representative in the
21 United States Congress or to nominate candidates for such
22 purpose. The tally judges shall possess the same
23 qualifications and shall be appointed in the same manner and
24 with the same division between political parties as is
25 provided for judges of election.
26 In addition to such precinct judges, the county board of
27 commissioners shall appoint special panels of 3 judges each,
28 who shall possess the same qualifications and shall be
29 appointed in the same manner and with the same division
30 between political parties as is provided for other judges of
31 election. The number of such panels of judges required shall
32 be determined by regulations of the State Board of Elections
33 which shall base the required numbers of special panels on
34 the number of registered voters in the jurisdiction or the
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1 number of absentee ballots voted at recent elections, or any
2 combination of such factors.
3 Such appointment shall be confirmed by the court as
4 provided in Section 13-3 of this Article. No more than 3
5 persons of the same political party shall be appointed judges
6 of the same election precinct or election judge panel. The
7 appointment shall be made in the following manner: The county
8 board of commissioners shall select and approve 3 persons as
9 judges of election in each election precinct from a certified
10 list, furnished by the chairman of the County Central
11 Committee of the first leading political party in such
12 precinct; and the county board of commissioners shall also
13 select and approve 2 persons as judges of election in each
14 election precinct from a certified list, furnished by the
15 chairman of the County Central Committee of the second
16 leading political party. However, if only 3 judges of
17 election serve in each election precinct, no more than 2
18 persons of the same political party shall be judges of
19 election in the same election precinct; and which political
20 party is entitled to 2 judges of election and which political
21 party is entitled to one judge of election shall be
22 determined in the same manner as set forth in the next two
23 preceding sentences with regard to 5 election judges in each
24 precinct. Such certified list shall be filed with the county
25 clerk not less than 10 days before the annual meeting of the
26 county board of commissioners. Such list shall be arranged
27 according to precincts. The chairman of each county central
28 committee shall, insofar as possible, list persons who reside
29 within the precinct in which they are to serve as judges.
30 However, he may, in his sole discretion, submit the names of
31 persons who reside outside the precinct but within the county
32 embracing the precinct in which they are to serve. He must,
33 however, submit the names of at least 2 residents of the
34 precinct for each precinct in which his party is to have 3
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1 judges and must submit the name of at least one resident of
2 the precinct for each precinct in which his party is to have
3 2 judges. The county board of commissioners shall acknowledge
4 in writing to each county chairman the names of all persons
5 submitted on such certified list and the total number of
6 persons listed thereon. If no such list is filed or such list
7 is incomplete (that is, no names or an insufficient number of
8 names are furnished for certain election precincts), the
9 county board of commissioners shall make or complete such
10 list from the names contained in the supplemental list
11 provided for in Section 13-1.1. The election judges shall
12 hold their office for 2 years from their appointment, and
13 until their successors are duly appointed in the manner
14 provided in this Act. The county board of commissioners shall
15 fill all vacancies in the office of judge of election at any
16 time in the manner provided in this Act.
17 (Source: P.A. 87-1052.)
18 (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
19 Sec. 13-2. In counties under the township organization
20 the county board shall at its meeting in May in each
21 even-numbered year except in counties containing a population
22 of 3,000,000 inhabitants or over and except when such judges
23 are appointed by election commissioners, select in each
24 election precinct in the county, 5 capable and discreet
25 persons electors to be judges of election who shall possess
26 the qualifications required by this Act for such judges.
27 Where neither voting machines nor electronic, mechanical or
28 electric voting systems are used, the county board may, for
29 any precinct with respect to which the board considers such
30 action necessary or desirable in view of the number of
31 voters, and shall for general elections for any precinct
32 containing more than 600 registered voters, appoint in
33 addition to the 5 judges of election a team of 5 tally
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1 judges. In such precincts the judges of election shall
2 preside over the election during the hours the polls are
3 open, and the tally judges, with the assistance of the
4 holdover judges designated pursuant to Section 13-6.2, shall
5 count the vote after the closing of the polls. The tally
6 judges shall possess the same qualifications and shall be
7 appointed in the same manner and with the same division
8 between political parties as is provided for judges of
9 election.
10 However, the county board may appoint 3 judges of
11 election to serve in lieu of the 5 judges of election
12 otherwise required by this Section to serve in any emergency
13 referendum, or in any odd-year regular election or in any
14 special primary or special election called for the purpose of
15 filling a vacancy in the office of representative in the
16 United States Congress or to nominate candidates for such
17 purpose.
18 In addition to such precinct judges, the county board
19 shall appoint special panels of 3 judges each, who shall
20 possess the same qualifications and shall be appointed in the
21 same manner and with the same division between political
22 parties as is provided for other judges of election. The
23 number of such panels of judges required shall be determined
24 by regulations of the State Board of Elections, which shall
25 base the required number of special panels on the number of
26 registered voters in the jurisdiction or the number of
27 absentee ballots voted at recent elections or any combination
28 of such factors.
29 No more than 3 persons of the same political party shall
30 be appointed judges in the same election district or
31 undivided precinct. The election of the judges of election in
32 the various election precincts shall be made in the following
33 manner: The county board shall select and approve 3 of the
34 election judges in each precinct from a certified list
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1 furnished by the chairman of the County Central Committee of
2 the first leading political party in such election precinct
3 and shall also select and approve 2 judges of election in
4 each election precinct from a certified list furnished by the
5 chairman of the County Central Committee of the second
6 leading political party in such election precinct. However,
7 if only 3 judges of election serve in each election precinct,
8 no more than 2 persons of the same political party shall be
9 judges of election in the same election precinct; and which
10 political party is entitled to 2 judges of election and which
11 political party is entitled to one judge of election shall be
12 determined in the same manner as set forth in the next two
13 preceding sentences with regard to 5 election judges in each
14 precinct. The respective County Central Committee chairman
15 shall notify the county board by June 1 of each odd-numbered
16 year immediately preceding the annual meeting of the county
17 board whether or not such certified list will be filed by
18 such chairman. Such list shall be arranged according to
19 precincts. The chairman of each county central committee
20 shall, insofar as possible, list persons who reside within
21 the precinct in which they are to serve as judges. However,
22 he may, in his sole discretion, submit the names of persons
23 who reside outside the precinct but within the county
24 embracing the precinct in which they are to serve. He must,
25 however, submit the names of at least 2 residents of the
26 precinct for each precinct in which his party is to have 3
27 judges and must submit the name of at least one resident of
28 the precinct for each precinct in which his party is to have
29 2 judges. Such certified list, if filed, shall be filed with
30 the county clerk not less than 20 days before the annual
31 meeting of the county board. The county board shall
32 acknowledge in writing to each county chairman the names of
33 all persons submitted on such certified list and the total
34 number of persons listed thereon. If no such list is filed or
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1 the list is incomplete (that is, no names or an insufficient
2 number of names are furnished for certain election
3 precincts), the county board shall make or complete such list
4 from the names contained in the supplemental list provided
5 for in Section 13-1.1. Provided, further, that in any case
6 where a township has been or shall be redistricted, in whole
7 or in part, subsequent to one general election for Governor,
8 and prior to the next, the judges of election to be selected
9 for all new or altered precincts shall be selected in that
10 one of the methods above detailed, which shall be applicable
11 according to the facts and circumstances of the particular
12 case, but the majority of such judges for each such precinct
13 shall be selected from the first leading political party, and
14 the minority judges from the second leading political party.
15 Provided, further, that in counties having a population of
16 1,000,000 inhabitants or over the selection of judges of
17 election shall be made in the same manner in all respects as
18 in other counties, except that the provisions relating to
19 tally judges are inapplicable to such counties and except
20 that the county board shall meet during the month of January
21 for the purpose of making such selection and the chairman of
22 each county central committee shall notify the county board
23 by the preceding October 1 whether or not the certified list
24 will be filed. Such judges of election shall hold their
25 office for 2 years from their appointment and until their
26 successors are duly appointed in the manner provided in this
27 Act. The county board shall fill all vacancies in the office
28 of judges of elections at any time in the manner herein
29 provided.
30 Such selections under this Section shall be confirmed by
31 the circuit court as provided in Section 13-3 of this
32 Article.
33 (Source: P.A. 86-1028; 87-1052.)
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1 (10 ILCS 5/13-3) (from Ch. 46, par. 13-3)
2 Sec. 13-3. After the judges of election have been
3 selected and approved as hereinbefore provided, a report of
4 such selections shall be made by the county board and filed
5 in the circuit court, and application shall then be made by
6 the county board to the court for their confirmation and
7 appointment, whereupon the court shall enter an order that
8 cause be shown, if any exists, against the confirmation and
9 appointment of such persons so named on or before the opening
10 of the court on a day to be fixed by the court. The county
11 board shall immediately give notice of such order and the
12 names of all such judges so reported to such court for
13 confirmation and their residence and the precinct for which
14 they were selected by causing a notice to be published in one
15 or more newspapers in the county and if no newspaper be
16 published therein then by posting such notice in 5 of the
17 most public places in the county. The notice shall state
18 that a list of judges of election is available for public
19 inspection in the office of the election authority. If no
20 cause to the contrary is shown prior to the day fixed, and
21 if, in each precinct, at least one judge representing each of
22 the two major political parties has been certified by the
23 county clerk as having satisfactorily completed within the
24 preceding 6 months the training course and examination for
25 judges of election, as provided in Section 13-2.1 and 13-2.2
26 of this Act, such appointment shall be confirmed by order
27 entered by that court.
28 If in any precinct the requisite 2 judges have not been
29 so certified by the county clerk as having satisfactorily
30 completed such course and examination, the county clerk shall
31 immediately notify all judges in that precinct, to whose
32 appointment there is no other objection, that all such judges
33 shall attend the next such course. The county clerk shall
34 then certify to the court that all such judges have been so
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1 notified (and such certification need contain no detail other
2 than a mere recital). The appointment of such judges shall
3 then be confirmed by order entered by the court. If any judge
4 so notified and so confirmed fails to attend the next such
5 course, such failure shall subject such judge to possible
6 removal from office at the option of the election authority.
7 If objections to the appointment of any judge be filed
8 prior to the day fixed by the court for confirmation of
9 judges, the court shall hear such objections and the evidence
10 introduced in support thereof, and shall confirm or refuse to
11 confirm such nominations as the interests of the public may
12 require. No reasons may be given for the refusal to confirm.
13 If any vacancy exists at any time the county board shall,
14 subject to the provisions of Section 13-1.1, further report
15 and nominate persons to fill such vacancies so existing in
16 the manner aforesaid, and a court in the same way shall
17 consider such nominations and shall confirm or refuse to
18 confirm the same in the manner aforesaid. Upon the
19 confirmation of such judges, at any time, a commission shall
20 issue to each of such judges, under the seal of such court,
21 and appropriate forms shall be prepared by the county clerk
22 of each county for such purpose and furnished to the county
23 board, and after confirmation and acceptance of such
24 commission, such judges shall thereupon become officers of
25 such court. If a vacancy occurs so late that nomination by
26 the county board and application to and confirmation by the
27 court cannot be had before the election, then the court
28 shall, subject to the provisions of Section 13-1.1, make an
29 appointment and issue a commission to such officer or
30 officers, and when thus appointed such officer shall be
31 considered an officer of the court and subject to the same
32 rules as if nominated by the county board and confirmed by
33 the court, and any judge, however appointed, and at whatever
34 time, shall be considered an officer of court and be subject
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1 to the same control and punishment in case of misbehavior.
2 Not more than 10 business days after the day of election, the
3 county clerk shall compile a list containing the name,
4 address and party affiliation of each judge of election who
5 served on the day of election, and shall preserve such list
6 and make it available for public inspection and copying for a
7 period of not more than one year from the date of receipt of
8 such list. Copies of such list shall be available for
9 purchase at a cost not to exceed the cost of duplication. The
10 board has the right, at any time, in case of misbehavior or
11 neglect of duty, to remove any judge of election and cause
12 such vacancy to be filled in accordance with this Act. Except
13 for judges appointed under subsection (b) of Section 13-4,
14 the board shall have the right, at any time, to remove any
15 judge of election for failing to vote the primary ballot of
16 the political party he represents, at a primary election at
17 which he served as such judge, and shall cause such vacancy
18 to be filled in accordance with this Act. The board shall
19 remove any judge of election who, twice during the same term
20 of office, fails to provide for the opening of the polling
21 place at the time prescribed in Section 17-1 or Section 18-2,
22 whichever is applicable, unless such delay can be
23 demonstrated by the judge of election to be beyond his or her
24 control. In the event that any judge of election is removed
25 for cause, the board shall specify such cause in writing and
26 make such writing a matter of public record, with a copy to
27 be sent to the appropriate county chairman who made the
28 initial recommendation of the election judge. If any
29 vacancies occur or exist more than 15 days before election
30 the judges appointed to such places must be confirmed by such
31 court. The county board shall not voluntarily remove any
32 judge within 15 days of such election except for flagrant
33 misbehavior, incapacity or dishonesty, and the reason
34 therefor must afterward be reported in writing to such court
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1 and made a matter of public record, with a copy to be sent to
2 the appropriate county chairman who made the initial
3 recommendation of the election judge. Provided further that
4 where a vacancy in the office of judge of election exists 20
5 days or less prior to any election in counties having a
6 population of 3,000,000 or more inhabitants, or where such
7 vacancy exists 10 days or less prior to any election in
8 counties having less than 3,000,000 inhabitants, the county
9 clerk shall, subject to the provisions of Section 13-1.1,
10 appoint a person of the same major political party to fill
11 such vacancy and issue a commission thereto. The name of the
12 officer so appointed shall be reported to the court as a
13 matter of record and after acceptance of such commission such
14 person shall be liable in the same manner as officers
15 regularly appointed by the county board and confirmed by the
16 court. The county clerk shall have the power on election day
17 to remove without cause any judge of election appointed by
18 the other judges of election pursuant to Section 13-7 and to
19 appoint another judge of election to serve for that election.
20 Such substitute judge of election must be selected, where
21 possible, pursuant to the provisions of Section 13-1.1 and
22 must be qualified in accordance with Section 13-4.
23 If any precinct has increased in voter registration
24 beyond the maximum of 800 provided in Section 11-2, the
25 county clerk may appoint one additional judge of election
26 from each political party for each 200 voters in excess of
27 800.
28 (Source: P.A. 90-672, eff. 7-31-98.)
29 (10 ILCS 5/13-4) (from Ch. 46, par. 13-4)
30 Sec. 13-4. Qualifications.
31 (a) All persons elected or chosen judge of election
32 must: (1) be citizens of the United States and entitled to
33 vote at the next election, except as provided in subsection
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1 (b); (2) be of good repute and character; (3) be able to
2 speak, read and write the English language; (4) be skilled in
3 the four fundamental rules of arithmetic; (5) be of good
4 understanding and capable; (6) not be candidates for any
5 office at the election and not be elected committeemen; and
6 (7) reside in the precinct in which they are selected to act,
7 except that in each precinct, not more than one judge of each
8 party may be appointed from outside such precinct. Any judge
9 selected to serve in any precinct in which he is not entitled
10 to vote must reside within and be entitled to vote elsewhere
11 within the county which encompasses the precinct in which
12 such judge is appointed. Such judge must meet the other
13 qualifications of this Section.
14 (b) An election authority may permit a person who is not
15 entitled to vote to be appointed as an election judge if he
16 or she:
17 (1) is a U.S. citizen as of the date of the
18 election at which he or she serves as a judge;
19 (2) is a senior in good standing enrolled in a
20 public or private secondary school;
21 (3) has a cumulative grade point average equivalent
22 to at least 2.5 on a 4.0 scale;
23 (4) has the written approval of the principal of
24 the secondary school he or she attends at the time of
25 appointment;
26 (5) has the written approval of his or her parent
27 or legal guardian;
28 (6) has satisfactorily completed the training
29 course for judges of election described in Sections
30 13-2.1 and 13-2.2; and
31 (7) meets all other qualifications for appointment
32 and service as an election judge.
33 No more than one election judge qualifying under this
34 subsection may serve per political party per precinct.
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1 (Source: Laws 1967, p. 834.)
2 (10 ILCS 5/13-8) (from Ch. 46, par. 13-8)
3 Sec. 13-8. Before any vote is taken, the judges of the
4 election shall severally subscribe and take an oath or
5 affirmation, in the following form:
6 "I do solemnly swear (or affirm, as the case may be),
7 that I will support the Constitution of the United States and
8 the Constitution of the State of Illinois, and that I will
9 faithfully discharge the duties of the office of judge of
10 election, according to the best of my ability, and (in the
11 case of a registered voter, that I am entitled to vote at
12 this election)."
13 (Source: Laws 1967, p. 3838.)
14 (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
15 Sec. 14-1. (a) The board of election commissioners
16 established or existing under Article 6 shall, at the time
17 and in the manner provided in Section 14-3.1, select and
18 choose 5 persons electors, men or women, as judges of
19 election for each precinct in such city, village or
20 incorporated town.
21 Where neither voting machines nor electronic, mechanical
22 or electric voting systems are used, the board of election
23 commissioners may, for any precinct with respect to which the
24 board considers such action necessary or desirable in view of
25 the number of voters, and shall for general elections for any
26 precinct containing more than 600 registered voters, appoint
27 in addition to the 5 judges of election a team of 5 tally
28 judges. In such precincts the judges of election shall
29 preside over the election during the hours the polls are
30 open, and the tally judges, with the assistance of the
31 holdover judges designated pursuant to Section 14-5.2, shall
32 count the vote after the closing of the polls. The tally
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1 judges shall possess the same qualifications and shall be
2 appointed in the same manner and with the same division
3 between political parties as is provided for judges of
4 election. The foregoing provisions relating to the
5 appointment of tally judges are inapplicable in counties with
6 a population of 1,000,000 or more.
7 (b) To qualify as judges the persons electors must:
8 (1) be citizens of the United States;
9 (2) be of good repute and character;
10 (3) be able to speak, read and write the English
11 language;
12 (4) be skilled in the 4 fundamental rules of arithmetic;
13 (5) be of good understanding and capable;
14 (6) not be candidates for any office at the election and
15 not be elected committeemen;
16 (7) reside and be entitled to vote in the precinct in
17 which they are selected to serve, except that in each
18 precinct not more than one judge of each party may be
19 appointed from outside such precinct. Any judge so appointed
20 to serve in any precinct in which he is not entitled to vote
21 must be entitled to vote elsewhere within the county which
22 encompasses the precinct in which such judge is appointed and
23 such judge must otherwise meet the qualifications of this
24 Section.
25 (c) An election authority may permit a person who is not
26 entitled to vote to be appointed as an election judge if he
27 or she:
28 (1) is a U.S. citizen as of the date of the
29 election at which he or she serves as a judge;
30 (2) is a senior in good standing enrolled in a
31 public or private secondary school;
32 (3) has a cumulative grade point average equivalent
33 to at least 2.5 on a 4.0 scale;
34 (4) has the written approval of the principal of
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1 the secondary school he or she attends at the time of
2 appointment;
3 (5) has the written approval of his or her parent
4 or legal guardian;
5 (6) has satisfactorily completed the training
6 course for judges of election described in Sections
7 13-2.1 and 13-2.2; and
8 (7) meets all other qualifications for appointment
9 and service as an election judge.
10 No more than one election judge qualifying under this
11 subsection may serve per political party per precinct.
12 (d) The board of election commissioners may select 2
13 additional judges of election, one from each of the major
14 political parties, for each 200 voters in excess of 600 in
15 any precinct having more than 600 voters as authorized by
16 Section 11--3. These additional judges must meet the
17 qualifications prescribed in this Section.
18 (Source: P.A. 80-779.)
19 (10 ILCS 5/14-5) (from Ch. 46, par. 14-5)
20 Sec. 14-5. After the judges are selected and have agreed
21 to serve as provided in Sections 14-1 to 14-4, inclusive,
22 then a report of such selections shall be made and filed in
23 the court, and application shall then be made by the board to
24 the circuit court for their confirmation and appointment,
25 whereupon the court shall enter an order that cause be shown,
26 if any exists, against the confirmation and appointment of
27 such persons so named, on or before the opening of the court
28 on a day to be fixed by the court. And the board of
29 commissioners shall immediately give notice of such order and
30 the names of all such judges so reported to such court for
31 confirmation, and their residence and the precinct for which
32 they were selected, by causing a notice to be published in
33 one or more newspapers in such city, village or incorporated
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1 town, and if no newspaper be published in such city, village
2 or incorporated town, then by posting such notice in 3 of the
3 most public places in such city, village or town. The notice
4 shall state that a list of judges of election is available
5 for public inspection in the office of the election
6 authority. If no cause to the contrary is shown prior to the
7 day fixed, and if, in each precinct, at least one judge
8 representing each of the two major political parties has been
9 certified by the board of commissioners as having
10 satisfactorily completed within the preceding 6 months the
11 training course and examination for judges of election, as
12 provided in Section 14-4.1 of this Act such appointments
13 shall be confirmed by order entered by that court.
14 If in any precinct the requisite 2 judges have not been
15 so certified by the board of commissioners as having
16 satisfactorily completed such course and examination, the
17 board of commissioners shall immediately notify all judges in
18 that precinct, to whose appointment there is no other
19 objection, that all such judges shall attend the next such
20 course. The board of commissioners shall then certify to the
21 court that all such judges have been so notified (and such
22 certification need contain no detail other than a mere
23 recital). The appointment of such judges shall then be
24 confirmed by order entered by the court. If any judge so
25 notified and so confirmed fails to attend the next such
26 course, such failure shall subject such judge to possible
27 removal from office at the option of the election authority.
28 If objections to the appointment of any such judge is
29 filed prior to the day fixed by the court for confirmation of
30 judges, the court shall hear such objections and the evidence
31 introduced in support thereof, and shall confirm or refuse to
32 confirm such nominations, as the interests of the public may
33 require. No reasons may be given for the refusal to confirm.
34 If any vacancies exist by reason of the action of such board
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1 or otherwise, at any time, the board of commissioners shall,
2 subject to the provisions of Section 14-3.2, further report
3 and nominate persons to fill such vacancies so existing in
4 the manner aforesaid, and a court in the same way shall
5 consider such nominations and shall confirm or refuse to
6 confirm the same in the manner aforesaid. Upon the
7 confirmation of such judges, at any time, a commission shall
8 issue to each of such judges, under the seal of such court,
9 and appropriate forms shall be prepared by the board of
10 commissioners for such purpose. After such confirmation and
11 acceptance of such commission, such judges shall thereupon
12 become officers of such court. If a vacancy occurs so late
13 that application to and confirmation by the court cannot be
14 had before the election, then the board of commissioners
15 shall, subject to the provisions of Section 14-3.2, make an
16 appointment and issue a commission to such officer or
17 officers, and when thus appointed such officer shall be
18 considered an officer of the court and subject to the same
19 rules and punishment, in case of misbehavior, as if confirmed
20 by the court, and any judge, however appointed, and at
21 whatever time, shall be considered an officer of court, and
22 be subject to the same control and punishment in case of
23 misbehavior. Not more than 10 business days after the day of
24 election, the board of election commissioners shall compile a
25 list containing the name, address and party affiliation of
26 each judge of election who served on the day of election, and
27 shall preserve such list and make it available for public
28 inspection and copying for a period of not more than one year
29 from the date of receipt of such list. Copies of such list
30 shall be available for purchase at a cost not to exceed the
31 cost of duplication. The board of commissioners has the right
32 at any time, in case of misbehavior or neglect of duty, to
33 remove any judge of election, and shall cause such vacancy to
34 be filled in accordance with this Act. Except for judges
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1 appointed under subsection (c) of Section 14-1, the board has
2 the right, at any time, to remove any judge of election for
3 failing to vote the primary ballot of the political party he
4 represents at a primary election at which he served as such
5 judge, and shall cause such vacancy to be filled in
6 accordance with this Act. The board shall remove any judge of
7 election who, twice during the same term of office, fails to
8 provide for the opening of the polling place at the time
9 prescribed in Section 17-1 or Section 18-2, whichever is
10 applicable, unless such delay can be demonstrated by the
11 judge of election to be beyond his or her control. In the
12 event that any judge of election is removed for cause, the
13 board shall specify such cause in writing and make such
14 writing a matter of public record, with a copy to be sent to
15 the appropriate county chairman who made the initial
16 recommendation of the election judges. The judges of election
17 must be appointed and confirmed at least 35 days prior to the
18 next election.
19 If any vacancy shall occur or exist, more than 5 days
20 before election the judges appointed to such places must be
21 confirmed by such court. Such commissioners shall not
22 voluntarily remove any judge within 5 days of such election,
23 except for flagrant misbehavior, incapacity or dishonesty,
24 and the reasons therefor must afterwards be reported in
25 writing to such court and made a matter of public record,
26 with a copy to be sent to the appropriate county chairman who
27 made the initial recommendation of the election judge. If
28 such removal be wilful and without cause, the commissioners
29 shall be punished for contempt of court and subject to
30 removal. The board of election commissioners shall have the
31 power on election day to remove without cause any judge of
32 election appointed by the other judges of election pursuant
33 to Section 14-6 and to appoint another judge of election to
34 serve for that election. Such substitute judge of election
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1 must be selected, where possible, pursuant to the provisions
2 of Section 14-3.2 and must be qualified in accordance with
3 Section 14-1.
4 (Source: P.A. 90-672, eff. 7-31-98.)
5 (10 ILCS 5/14-7) (from Ch. 46, par. 14-7)
6 Sec. 14-7. Immediately after the confirmation of such
7 judges by the circuit court, the Board of Election
8 Commissioners shall notify each judge of election of his
9 appointment and shall immediately mail to the judge of
10 election his commission.
11 Previous to any vote being taken, judges of election
12 shall severally subscribe and take an oath or affirmation in
13 the following form:
14 "I,...., residing at .... in the city (village or town)
15 of .... in the State of Illinois, do solemnly swear (or
16 affirm) (in the case of a registered voter, that I am a legal
17 voter in the .... ward of the city (village or town), of ....
18 in the State of Illinois); that I will support the laws and
19 constitution of the United States, and of the State of
20 Illinois, and that I will faithfully and honestly discharge
21 the duties of the office of judge of election for the ....
22 precinct of the .... ward of the city (village or town) of
23 ...., in the county of ...., in the State of Illinois,
24 according to the best of my ability."
25 (Source: P.A. 80-704.)