[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] |
91_HB2035eng HB2035 Engrossed 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 HB2035 Engrossed -2- LRB9102406MWsbA 1 5 capable and discreet personselectorsmeeting 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 HB2035 Engrossed -3- LRB9102406MWsbA 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 HB2035 Engrossed -4- LRB9102406MWsbA 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 personselectorsto 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 HB2035 Engrossed -5- LRB9102406MWsbA 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 HB2035 Engrossed -6- LRB9102406MWsbA 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 HB2035 Engrossed -7- LRB9102406MWsbA 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.) HB2035 Engrossed -8- LRB9102406MWsbA 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 HB2035 Engrossed -9- LRB9102406MWsbA 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 HB2035 Engrossed -10- LRB9102406MWsbA 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 HB2035 Engrossed -11- LRB9102406MWsbA 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 HB2035 Engrossed -12- LRB9102406MWsbA 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 establish a program to 15 permit a person who is not entitled to vote to be appointed 16 as an election judge if, as of the date of the election at 17 which the person serves as a judge, he or she: 18 (1) is a U.S. citizen; 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. Prior HB2035 Engrossed -13- LRB9102406MWsbA 1 to appointment, a judge qualifying under this subsection must 2 certify in writing to the election authority the political 3 party the judge chooses to affiliate with. 4 Students appointed as election judges under this 5 subsection shall not be counted as absent from school on the 6 day they serve as judges. 7 (Source: Laws 1967, p. 834.) 8 (10 ILCS 5/13-8) (from Ch. 46, par. 13-8) 9 Sec. 13-8. Before any vote is taken, the judges of the 10 election shall severally subscribe and take an oath or 11 affirmation, in the following form: 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 that I will 15 faithfully discharge the duties of the office of judge of 16 election, according to the best of my ability, and (in the 17 case of a registered voter, that I am entitled to vote at 18 this election)." 19 (Source: Laws 1967, p. 3838.) 20 (10 ILCS 5/14-1) (from Ch. 46, par. 14-1) 21 Sec. 14-1. (a) The board of election commissioners 22 established or existing under Article 6 shall, at the time 23 and in the manner provided in Section 14-3.1, select and 24 choose 5 personselectors, men or women, as judges of 25 election for each precinct in such city, village or 26 incorporated town. 27 Where neither voting machines nor electronic, mechanical 28 or electric voting systems are used, the board of election 29 commissioners may, for any precinct with respect to which the 30 board considers such action necessary or desirable in view of 31 the number of voters, and shall for general elections for any 32 precinct containing more than 600 registered voters, appoint HB2035 Engrossed -14- LRB9102406MWsbA 1 in addition to the 5 judges of election a team of 5 tally 2 judges. In such precincts the judges of election shall 3 preside over the election during the hours the polls are 4 open, and the tally judges, with the assistance of the 5 holdover judges designated pursuant to Section 14-5.2, shall 6 count the vote after the closing of the polls. The tally 7 judges shall possess the same qualifications and shall be 8 appointed in the same manner and with the same division 9 between political parties as is provided for judges of 10 election. The foregoing provisions relating to the 11 appointment of tally judges are inapplicable in counties with 12 a population of 1,000,000 or more. 13 (b) To qualify as judges the personselectorsmust: 14 (1) be citizens of the United States; 15 (2) be of good repute and character; 16 (3) be able to speak, read and write the English 17 language; 18 (4) be skilled in the 4 fundamental rules of arithmetic; 19 (5) be of good understanding and capable; 20 (6) not be candidates for any office at the election and 21 not be elected committeemen; 22 (7) reside and be entitled to vote in the precinct in 23 which they are selected to serve, except that in each 24 precinct not more than one judge of each party may be 25 appointed from outside such precinct. Any judge so appointed 26 to serve in any precinct in which he is not entitled to vote 27 must be entitled to vote elsewhere within the county which 28 encompasses the precinct in which such judge is appointed and 29 such judge must otherwise meet the qualifications of this 30 Section. 31 (c) An election authority may establish a program to 32 permit a person who is not entitled to vote to be appointed 33 as an election judge if, as of the date of the election at 34 which the person serves as a judge, he or she: HB2035 Engrossed -15- LRB9102406MWsbA 1 (1) is a U.S. citizen; 2 (2) is a senior in good standing enrolled in a 3 public or private secondary school; 4 (3) has a cumulative grade point average equivalent 5 to at least 2.5 on a 4.0 scale; 6 (4) has the written approval of the principal of 7 the secondary school he or she attends at the time of 8 appointment; 9 (5) has the written approval of his or her parent 10 or legal guardian; 11 (6) has satisfactorily completed the training 12 course for judges of election described in Sections 13 13-2.1, 13-2.2, and 14-4.1; and 14 (7) meets all other qualifications for appointment 15 and service as an election judge. 16 No more than one election judge qualifying under this 17 subsection may serve per political party per precinct. Prior 18 to appointment, a judge qualifying under this subsection must 19 certify in writing to the election authority the political 20 party the judge chooses to affiliate with. 21 Students appointed as election judges under this 22 subsection shall not be counted as absent from school on the 23 day they serve as judges. 24 (d) The board of election commissioners may select 2 25 additional judges of election, one from each of the major 26 political parties, for each 200 voters in excess of 600 in 27 any precinct having more than 600 voters as authorized by 28 Section 11--3. These additional judges must meet the 29 qualifications prescribed in this Section. 30 (Source: P.A. 80-779.) 31 (10 ILCS 5/14-5) (from Ch. 46, par. 14-5) 32 Sec. 14-5. After the judges are selected and have agreed 33 to serve as provided in Sections 14-1 to 14-4, inclusive, HB2035 Engrossed -16- LRB9102406MWsbA 1 then a report of such selections shall be made and filed in 2 the court, and application shall then be made by the board to 3 the circuit court for their confirmation and appointment, 4 whereupon the court shall enter an order that cause be shown, 5 if any exists, against the confirmation and appointment of 6 such persons so named, on or before the opening of the court 7 on a day to be fixed by the court. And the board of 8 commissioners shall immediately give notice of such order and 9 the names of all such judges so reported to such court for 10 confirmation, and their residence and the precinct for which 11 they were selected, by causing a notice to be published in 12 one or more newspapers in such city, village or incorporated 13 town, and if no newspaper be published in such city, village 14 or incorporated town, then by posting such notice in 3 of the 15 most public places in such city, village or town. The notice 16 shall state that a list of judges of election is available 17 for public inspection in the office of the election 18 authority. If no cause to the contrary is shown prior to the 19 day fixed, and if, in each precinct, at least one judge 20 representing each of the two major political parties has been 21 certified by the board of commissioners as having 22 satisfactorily completed within the preceding 6 months the 23 training course and examination for judges of election, as 24 provided in Section 14-4.1 of this Act such appointments 25 shall be confirmed by order entered by that court. 26 If in any precinct the requisite 2 judges have not been 27 so certified by the board of commissioners as having 28 satisfactorily completed such course and examination, the 29 board of commissioners shall immediately notify all judges in 30 that precinct, to whose appointment there is no other 31 objection, that all such judges shall attend the next such 32 course. The board of commissioners shall then certify to the 33 court that all such judges have been so notified (and such 34 certification need contain no detail other than a mere HB2035 Engrossed -17- LRB9102406MWsbA 1 recital). The appointment of such judges shall then be 2 confirmed by order entered by the court. If any judge so 3 notified and so confirmed fails to attend the next such 4 course, such failure shall subject such judge to possible 5 removal from office at the option of the election authority. 6 If objections to the appointment of any such judge is 7 filed prior to the day fixed by the court for confirmation of 8 judges, the court shall hear such objections and the evidence 9 introduced in support thereof, and shall confirm or refuse to 10 confirm such nominations, as the interests of the public may 11 require. No reasons may be given for the refusal to confirm. 12 If any vacancies exist by reason of the action of such board 13 or otherwise, at any time, the board of commissioners shall, 14 subject to the provisions of Section 14-3.2, 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 board of 22 commissioners for such purpose. After such confirmation and 23 acceptance of such commission, such judges shall thereupon 24 become officers of such court. If a vacancy occurs so late 25 that application to and confirmation by the court cannot be 26 had before the election, then the board of commissioners 27 shall, subject to the provisions of Section 14-3.2, make an 28 appointment and issue a commission to such officer or 29 officers, and when thus appointed such officer shall be 30 considered an officer of the court and subject to the same 31 rules and punishment, in case of misbehavior, as if confirmed 32 by the court, and any judge, however appointed, and at 33 whatever time, shall be considered an officer of court, and 34 be subject to the same control and punishment in case of HB2035 Engrossed -18- LRB9102406MWsbA 1 misbehavior. Not more than 10 business days after the day of 2 election, the board of election commissioners shall compile a 3 list containing the name, address and party affiliation of 4 each judge of election who served on the day of election, and 5 shall preserve such list and make it available for public 6 inspection and copying for a period of not more than one year 7 from the date of receipt of such list. Copies of such list 8 shall be available for purchase at a cost not to exceed the 9 cost of duplication. The board of commissioners has the right 10 at any time, in case of misbehavior or neglect of duty, to 11 remove any judge of election, and shall cause such vacancy to 12 be filled in accordance with this Act. Except for judges 13 appointed under subsection (c) of Section 14-1, the board has 14 the right, at any time, to remove any judge of election for 15 failing to vote the primary ballot of the political party he 16 represents at a primary election at which he served as such 17 judge, and shall cause such vacancy to be filled in 18 accordance with this Act. The board shall remove any judge of 19 election who, twice during the same term of office, fails to 20 provide for the opening of the polling place at the time 21 prescribed in Section 17-1 or Section 18-2, whichever is 22 applicable, unless such delay can be demonstrated by the 23 judge of election to be beyond his or her control. In the 24 event that any judge of election is removed for cause, the 25 board shall specify such cause in writing and make such 26 writing a matter of public record, with a copy to be sent to 27 the appropriate county chairman who made the initial 28 recommendation of the election judges. The judges of election 29 must be appointed and confirmed at least 35 days prior to the 30 next election. 31 If any vacancy shall occur or exist, more than 5 days 32 before election the judges appointed to such places must be 33 confirmed by such court. Such commissioners shall not 34 voluntarily remove any judge within 5 days of such election, HB2035 Engrossed -19- LRB9102406MWsbA 1 except for flagrant misbehavior, incapacity or dishonesty, 2 and the reasons therefor must afterwards be reported in 3 writing to such court and made a matter of public record, 4 with a copy to be sent to the appropriate county chairman who 5 made the initial recommendation of the election judge. If 6 such removal be wilful and without cause, the commissioners 7 shall be punished for contempt of court and subject to 8 removal. The board of election commissioners shall have the 9 power on election day to remove without cause any judge of 10 election appointed by the other judges of election pursuant 11 to Section 14-6 and to appoint another judge of election to 12 serve for that election. Such substitute judge of election 13 must be selected, where possible, pursuant to the provisions 14 of Section 14-3.2 and must be qualified in accordance with 15 Section 14-1. 16 (Source: P.A. 90-672, eff. 7-31-98.) 17 (10 ILCS 5/14-7) (from Ch. 46, par. 14-7) 18 Sec. 14-7. Immediately after the confirmation of such 19 judges by the circuit court, the Board of Election 20 Commissioners shall notify each judge of election of his 21 appointment and shall immediately mail to the judge of 22 election his commission. 23 Previous to any vote being taken, judges of election 24 shall severally subscribe and take an oath or affirmation in 25 the following form: 26 "I,...., residing at .... in the city (village or town) 27 of .... in the State of Illinois, do solemnly swear (or 28 affirm) (in the case of a registered voter, that I am a legal 29 voter in the .... ward of the city (village or town), of .... 30 in the State of Illinois); that I will support the laws and 31 constitution of the United States, and of the State of 32 Illinois, and that I will faithfully and honestly discharge 33 the duties of the office of judge of election for the .... HB2035 Engrossed -20- LRB9102406MWsbA 1 precinct of the .... ward of the city (village or town) of 2 ...., in the county of ...., in the State of Illinois, 3 according to the best of my ability." 4 (Source: P.A. 80-704.)