Public Act 90-0627 of the 90th General Assembly

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Public Act 90-0627

SB1702 Enrolled                                LRB9011386MWpc

    AN ACT to amend the Election Code  by  changing  Sections
7-8 and 7-9.

    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
Sections 7-8 and 7-9 as follows:

    (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
    Sec.  7-8.  The State central committee shall be composed
of one or two members from each congressional district in the
State and shall be elected as follows:
                   State Central Committee
    (a)  Within 30 days after  the  effective  date  of  this
amendatory  Act  of  1983 the State central committee of each
political party shall certify to the State Board of Elections
which of the following alternatives it wishes to apply to the
State central committee of that party.
    Alternative A.  At the primary held on the third  Tuesday
in  March  1970,  and  at  the  primary  held  every  4 years
thereafter, each primary elector may vote for  one  candidate
of  his  party  for member of the State central committee for
the  congressional  district  in  which  he  resides.     The
candidate  receiving  the  highest  number  of votes shall be
declared  elected  State  central   committeeman   from   the
district. A political party may, in lieu of the foregoing, by
a  majority vote of delegates at any State convention of such
party,  determine  to  thereafter  elect  the  State  central
committeemen in the manner following:
    At the county convention held  by  such  political  party
State  central  committeemen  shall  be  elected  in the same
manner as provided  in  this  Article  for  the  election  of
officers  of  the county central committee, and such election
shall follow the election of officers of the  county  central
committee.    Each   elected   ward,   township  or  precinct
committeeman shall cast as his vote one vote for each  ballot
voted  in  his ward, township, part of a township or precinct
in the last  preceding  primary  election  of  his  political
party.  In  the  case  of a county lying partially within one
congressional   district   and   partially   within   another
congressional  district,  each  ward,  township  or  precinct
committeeman  shall   vote   only   with   respect   to   the
congressional district in which his ward, township, part of a
township   or   precinct  is  located.   In  the  case  of  a
congressional  district  which  encompasses  more  than   one
county, each ward, township or precinct committeeman residing
within  the congressional district shall cast as his vote one
vote for each ballot voted in his ward, township, part  of  a
township  or  precinct in the last preceding primary election
of his political party for one candidate  of  his  party  for
member  of  the State central committee for the congressional
district in which he resides and the Chairman  of the  county
central committee shall report the results of the election to
the  State  Board  of Elections. The State Board of Elections
shall certify the candidate receiving the highest  number  of
votes   elected   State   central   committeeman   for   that
congressional district.
    The  State central committee shall adopt rules to provide
for and govern the procedures to be followed in the  election
of members of the State central committee.
    Alternative   B.  Each   congressional  committee  shall,
within 30  days  after  the  adoption  of  this  alternative,
appoint  a  person  of the sex opposite that of the incumbent
member  for  that  congressional  district  to  serve  as  an
additional member of the State central committee until his or
her successor is elected at the general primary  election  in
1986.    Each   congressional   committee   shall  make  this
appointment by voting on the basis set forth in paragraph (e)
of this  Section.  In  each  congressional  district  at  the
general  primary  election  held  in  1986  and every 4 years
thereafter, the male candidate receiving the  highest  number
of  votes  of  the  party's male candidates for State central
committeeman, and the female candidate receiving the  highest
number  of  votes  of the party's female candidates for State
central  committeewoman,  shall  be  declared  elected  State
central committeeman and State  central  committeewoman  from
the  district.   At the general primary election held in 1986
and every 4 years thereafter, if all a party's candidates for
State central committeemen or  State  central  committeewomen
from  a  congressional  district  are  of  the  same sex, the
candidate receiving the highest  number  of  votes  shall  be
declared  elected  a  State  central  committeeman  or  State
central  committeewoman  from the district, and, because of a
failure to elect one male and one female to the committee,  a
vacancy  shall  be  declared  to  exist  in the office of the
second  member  of  the  State  central  committee  from  the
district.  This vacancy shall be filled by appointment by the
congressional committee  of  the  political  party,  and  the
person  appointed  to fill the vacancy shall be a resident of
the congressional district and of the sex  opposite  that  of
the  committeeman  or  committeewoman  elected at the general
primary election.  Each congressional  committee  shall  make
this  appointment  by  voting  on  the  basis  set  forth  in
paragraph (e) of this Section.
    Under  both  of  the  foregoing  alternatives,  the State
central committee of each political party shall  be  composed
of   members   elected   or   appointed   from   the  several
congressional districts of the State, and of no other  person
or  persons  whomsoever.   The  members  of the State central
committee  shall,  within  30  days  after  each  quadrennial
election  of  the  full  committee,  meet  in  the  city   of
Springfield  and  organize  by  electing from among their own
number a chairman, and may at such time elect  such  officers
from  among their own number (or otherwise), as they may deem
necessary or expedient. The outgoing chairman  of  the  State
central  committee  of  the  party  shall, 10 days before the
meeting, notify each member of the  State  central  committee
elected at the primary of the time and place of such meeting.
In  the  organization  and  proceedings  of the State central
committee, each State central committeeman and State  central
committeewoman  shall  have one vote for each ballot voted in
his or her congressional district by the primary electors  of
his   or  her  party  at  the  primary  election  immediately
preceding  the  meeting  of  the  State  central   committee.
Whenever  a  vacancy occurs in the State central committee of
any political party, the  vacancy  may  shall  be  filled  by
appointment  of the chairmen of the county central committees
of the political party of the  counties  located  within  the
congressional  district  in  which the vacancy occurs and, if
applicable,  the  ward  and  township  committeemen  of   the
political  party in counties of 2,000,000 or more inhabitants
located  within   the   congressional   district.    If   the
congressional  district  in  which  the  vacancy  occurs lies
wholly within a county of 2,000,000 or more inhabitants,  the
ward and township committeemen of the political party in that
congressional  district  shall  vote to fill the vacancy.  In
voting to fill the vacancy, each chairman of a county central
committee and each ward and township committeeman in counties
of 2,000,000 or more inhabitants shall have one vote for each
ballot voted in each precinct of the  congressional  district
in  which  the vacancy exists of his or her county, township,
or ward cast by the primary electors of his or her  party  at
the  primary  election  immediately  preceding the meeting to
fill the vacancy in the State central committee.  The  person
appointed  to  fill  the  vacancy  shall be a resident of the
congressional district in which the vacancy occurs, shall  be
a  qualified  voter, and, in a committee composed as provided
in Alternative B, shall be of the same  sex  as  his  or  her
predecessor. by the congressional committee of that political
party   in   the   congressional   district  from  which  the
appointee's  predecessor  was  elected,  and  the  member  so
appointed to fill the vacancy shall be  a  resident  of  that
congressional  district  and,  in  a  committee  composed  as
provided  in  alternative  B, shall be of the same sex as the
appointee's predecessor. A political party may, by a majority
vote of the delegates of any State convention of such  party,
determine   to  return  to  the  election  of  State  central
committeeman and State central committeewoman by the vote  of
primary electors.  Any action taken by a political party at a
State  convention  in  accordance  with this Section shall be
reported to the State Board of Elections by the chairman  and
secretary  of  such  convention  within  10  days  after such
action.
          Ward, Township and Precinct Committeemen
    (b)  At the primary held on the third Tuesday  in  March,
1972,  and  every 4 years thereafter, each primary elector in
cities having a population of 200,000 or over  may  vote  for
one candidate of his party in his ward for ward committeeman.
Each  candidate  for  ward committeeman must be a resident of
and  in  the  ward  where  he  seeks  to  be   elected   ward
committeeman.  The  one  having  the  highest number of votes
shall be such ward committeeman of such party for such  ward.
At  the  primary election held on the third Tuesday in March,
1970, and every 4 years thereafter, each primary  elector  in
counties  containing  a  population  of  2,000,000  or  more,
outside of cities containing a population of 200,000 or more,
may  vote  for  one  candidate  of  his  party  for  township
committeeman.  Each  candidate for township committeeman must
be a resident of and in the township or part  of  a  township
(which  lies outside of a city having a population of 200,000
or more, in counties containing a population of 2,000,000  or
more),  and  in which township or part of a township he seeks
to be elected  township  committeeman.  The  one  having  the
highest  number  of votes shall be such township committeeman
of such party for such township or part of a township. At the
primary held on the third Tuesday in March, 1970 and every  2
years  thereafter,  each  primary elector, except in counties
having a population of 2,000,000 or over, may  vote  for  one
candidate   of   his  party  in  his  precinct  for  precinct
committeeman. Each candidate for precinct  committeeman  must
be  a bona fide resident of the precinct where he seeks to be
elected precinct committeeman. The  one  having  the  highest
number  of  votes shall be such precinct committeeman of such
party for such precinct. The official returns of the  primary
shall  show  the  name  of the committeeman of each political
party.
    Terms of Committeemen. All precinct committeemen  elected
under  the  provisions of this Article shall continue as such
committeemen until the date of the primary to be held in  the
second   year  after  their  election.  Except  as  otherwise
provided  in  this  Section   for   certain   State   central
committeemen  who  have  2  year  terms,  all  State  central
committeemen,  township  committeemen  and  ward committeemen
shall continue as such committeemen until the date of primary
to be held in the fourth year after their election.  However,
a  vacancy exists in the office of precinct committeeman when
a precinct committeeman ceases to reside in the  precinct  in
which  he  was  elected  and such precinct committeeman shall
thereafter neither have nor exercise any  rights,  powers  or
duties  as committeeman in that precinct, even if a successor
has not been elected or appointed.
    (c)  The Multi-Township Central Committee  shall  consist
of   the   precinct   committeemen  of  such  party,  in  the
multi-township assessing district formed pursuant to  Section
2-10  of the Property Tax Code and shall be organized for the
purposes set forth in Section 45-25 of the Township Code.  In
the   organization  and  proceedings  of  the  Multi-Township
Central Committee each precinct committeeman shall  have  one
vote  for  each  ballot  voted in his precinct by the primary
electors of his party at the primary at which he was elected.
                  County Central Committee
    (d)  The county central committee of each political party
in  each  county  shall  consist  of  the  various   township
committeemen, precinct committeemen and ward committeemen, if
any,  of  such  party  in the county. In the organization and
proceedings of the county central  committee,  each  precinct
committeeman shall have one vote for each ballot voted in his
precinct  by the primary electors of his party at the primary
at which he was elected;  each  township  committeeman  shall
have  one  vote for each ballot voted in his township or part
of a township as the case may be by the primary  electors  of
his  party  at  the  primary  election  for the nomination of
candidates for election to the General  Assembly  immediately
preceding the meeting of the county central committee; and in
the  organization  and  proceedings  of  the  county  central
committee,  each  ward  committeeman  shall have one vote for
each ballot voted in his ward by the primary electors of  his
party   at   the  primary  election  for  the  nomination  of
candidates for election to the General  Assembly  immediately
preceding the meeting of the county central committee.
                   Congressional Committee
    (e)  The  congressional  committee  of each party in each
congressional district shall be composed of the  chairmen  of
the  county  central committees of the counties composing the
congressional  district,   except   that   in   congressional
districts wholly within the territorial limits of one county,
or partly within 2 or more counties, but not coterminous with
the  county  lines  of  all  of  such  counties, the precinct
committeemen, township committeemen and ward committeemen, if
any, of the  party  representing  the  precincts  within  the
limits  of  the  congressional  district,  shall  compose the
congressional committee. A State central committeeman in each
district shall be a  member  and  the  chairman  or,  when  a
district  has  2 State central committeemen, a co-chairman of
the congressional committee, but shall not have the right  to
vote except in case of a tie.
    In  the  organization  and  proceedings  of congressional
committees composed  of  precinct  committeemen  or  township
committeemen   or   ward  committeemen,  or  any  combination
thereof, each precinct committeeman shall have one  vote  for
each  ballot voted in his precinct by the primary electors of
his party at the  primary  at  which  he  was  elected,  each
township  committeeman  shall  have  one vote for each ballot
voted in his township or part of a township as the  case  may
be  by  the  primary  electors  of  his  party at the primary
election   immediately   preceding   the   meeting   of   the
congressional committee, and  each  ward  committeeman  shall
have  one  vote for each ballot voted in each precinct of his
ward located in such congressional district  by  the  primary
electors  of  his  party  at the primary election immediately
preceding the meeting of the congressional committee; and  in
the  organization and proceedings of congressional committees
composed of the chairmen of the county central committees  of
the  counties  within  such  district,  each chairman of such
county central committee shall have one vote for each  ballot
voted  in  his county by the primary electors of his party at
the primary election immediately preceding the meeting of the
congressional committee.
                 Judicial District Committee
    (f)  The judicial district committee  of  each  political
party  in  each  judicial  district  shall be composed of the
chairman of the county central  committees  of  the  counties
composing the judicial district.
    In  the organization and proceedings of judicial district
committees composed of the chairmen  of  the  county  central
committees   of  the  counties  within  such  district,  each
chairman of such county central committee shall have one vote
for each ballot voted in his county by the  primary  electors
of  his  party  at the primary election immediately preceding
the meeting of the judicial district committee.
                   Circuit Court Committee
    (g)  The circuit court committee of each political  party
in  each  judicial  circuit  outside  Cook  County  shall  be
composed  of the chairmen of the county central committees of
the counties composing the judicial circuit.
    In the organization  and  proceedings  of  circuit  court
committees, each chairman of a county central committee shall
have  one  vote  for  each  ballot voted in his county by the
primary  electors  of  his  party  at  the  primary  election
immediately  preceding  the  meeting  of  the  circuit  court
committee.
                Judicial Subcircuit Committee
    (g-1)  The  judicial   subcircuit   committee   of   each
political  party  in  each judicial subcircuit in Cook County
shall be composed of the ward and  township  committeemen  of
the townships and wards composing the judicial subcircuit.
    In  the  organization  and  proceedings  of each judicial
subcircuit committee, each township committeeman  shall  have
one  vote  for each ballot voted in his township or part of a
township, as the case may be, in the judicial  subcircuit  by
the  primary  electors  of  his party at the primary election
immediately preceding the meeting of the judicial  subcircuit
committee; and each ward committeeman shall have one vote for
each  ballot voted in his ward or part of a ward, as the case
may be, in the judicial subcircuit by the primary electors of
his party at the primary election immediately  preceding  the
meeting of the judicial subcircuit committee.
                 Municipal Central Committee
    (h)  The  municipal  central  committee of each political
party shall be composed of the  precinct,  township  or  ward
committeemen,  as the case may be, of such party representing
the precincts or wards, embraced in such  city,  incorporated
town  or  village.  The  voting  strength  of  each precinct,
township  or  ward  committeeman  on  the  municipal  central
committee shall be the same as his  voting  strength  on  the
county central committee.
    For  political  parties, other than a statewide political
party, established only within a  municipality  or  township,
the   municipal  or  township  managing  committee  shall  be
composed of the  party  officers  of  the  local  established
party.  The party officers of a local established party shall
be  as  follows: the chairman and secretary of the caucus for
those municipalities and townships authorized by  statute  to
nominate  candidates  by caucus shall serve as party officers
for the purpose of  filling  vacancies  in  nomination  under
Section  7-61; for municipalities and townships authorized by
statute or ordinance to nominate candidates by  petition  and
primary  election,  the  party  officers shall be the party's
candidates who are nominated at the  primary.   If  no  party
primary  was  held  because of the provisions of Section 7-5,
vacancies in  nomination  shall  be  filled  by  the  party's
remaining candidates who shall serve as the party's officers.
                           Powers
    (i)  Each  committee  and  its  officers  shall  have the
powers usually  exercised  by  such  committees  and  by  the
officers  thereof,  not  inconsistent  with the provisions of
this Article. The  several  committees  herein  provided  for
shall  not  have  power  to  delegate any of their powers, or
functions to any other person, officer or committee, but this
shall not be construed to prevent a committee from appointing
from its own membership proper and necessary subcommittees.
    (j)  The State central committee  of  a  political  party
which  elects it members by Alternative B under paragraph (a)
of this Section shall adopt a plan  to  give  effect  to  the
delegate  selection rules of the national political party and
file a copy of such plan with the State  Board  of  Elections
when approved by a national political party.
    (k)  For  the  purpose of the designation of a proxy by a
Congressional Committee to vote in place of an  absent  State
central  committeeman  or  committeewoman  at meetings of the
State central committee of a political party which elects its
members by Alternative B under paragraph (a) of this Section,
the proxy shall be appointed by the  vote  of  the  ward  and
township  committeemen,  if  any,  of the wards and townships
which lie entirely  or  partially  within  the  Congressional
District  from which the absent State central committeeman or
committeewoman was elected and the vote of  the  chairmen  of
the  county  central  committees  of those counties which lie
entirely or partially within that Congressional District  and
in  which  there  are  no ward or township committeemen. When
voting for such proxy the county chairman, ward  committeeman
or  township  committeeman, as the case may be shall have one
vote for each ballot voted in his county, ward  or  township,
or  portion thereof within the Congressional District, by the
primary electors of his party at the primary at which he  was
elected.  However,  the  absent State central committeeman or
committeewoman may designate a proxy when  permitted  by  the
rules  of  a  political  party  which  elects  its members by
Alternative B under paragraph (a) of this Section.
(Source: P.A. 87-1052; 88-670, eff. 12-2-94.)

    (10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
    Sec. 7-9. County  central  committee;  county  and  State
conventions.
    (a)  On  the second Monday next succeeding the primary at
which committeemen are elected, the county central  committee
of  each political party shall meet at the county seat of the
proper county and proceed to organize by  electing  from  its
own  number  a  chairman  and  either from its own number, or
otherwise, such other officers as  such  committee  may  deem
necessary  or  expedient.  Such meeting of the county central
committee shall be known as the county convention.
    The chairman of each county  committee  shall  within  10
days  after  the  organization, forward to the State Board of
Elections,  the  names  and  post  office  addresses  of  the
officers,   precinct    committeemen    and    representative
committeemen elected by his political party.
    The  county  convention  of  each  political  party shall
choose delegates to the State convention of its party; but in
any county  having  within  its  limits  any  city  having  a
population  of  200,000, or over the delegates from such city
shall be chosen by wards,  the  ward  committeemen  from  the
respective  wards  choosing  the number of delegates to which
such ward is entitled on the basis  prescribed  in  paragraph
(e)  of  this  Section  such  delegates  to be members of the
delegation to the State convention from such county.  In  all
counties containing a population of 2,000,000 or more outside
of  cities  having  a  population  of  200,000  or  more, the
delegates from each of the townships or parts of townships as
the case may be shall be chosen  by  townships  or  parts  of
townships  as the case may be, the township committeemen from
the respective townships or parts of townships  as  the  case
may  be  choosing  the  number  of  delegates  to  which such
townships or parts of  townships  as  the  case  may  be  are
entitled,  on  the  basis prescribed in paragraph (e) of this
Section such delegates to be members of the delegation to the
State convention from such county.
    Each member of the State Central Committee of a political
party  which  elects  its  members  by  Alternative  B  under
paragraph (a) of Section 7-8 shall be a delegate to the State
Convention, ex officio.
    Each member of the State Central Committee of a political
party  which  elects  its  members  by  Alternative  B  under
paragraph (a) of Section 7-8 may appoint 2 delegates  to  the
State  Convention  who  must  be  residents  of  the member's
Congressional District.
    (b)All State conventions shall be held  within  180  days
after  the general primary in the year 2000 and every 4 years
thereafter on the first Friday after the second  Monday  next
succeeding the primary at which committeemen are elected.  In
the  year 1998, and every 4 years thereafter, the chairman of
a State central committee  may  issue  a  call  for  a  State
convention within 180 days after the general primary.
    The State convention of each political party has power to
make nominations of candidates of its political party for the
electors  of  President  and  Vice  President  of  the United
States, and to adopt any party platform, and, to  the  extent
determined  by  the  State  central  committee as provided in
Section 7-14, to choose and select  delegates  and  alternate
delegates  at  large to national nominating conventions.  The
State Central Committee may adopt rules to  provide  for  and
govern the procedures of the State convention.
    (c)  The  chairman and secretary of each State convention
shall, within 2 days thereafter, transmit to the State  Board
of  Elections  of  this State a certificate setting forth the
names and addresses of all persons nominated  by  such  State
convention  for  electors  of President and Vice President of
the United States, and of any persons selected by  the  State
convention  for delegates and alternate delegates at large to
national  nominating  conventions;  and  the  names  of  such
candidates so chosen by such State convention for electors of
President and Vice President of the United States,  shall  be
caused by the State Board of Elections to be printed upon the
official  ballot  at  the  general  election,  in  the manner
required by law, and shall be certified to the various county
clerks of the proper counties in the manner  as  provided  in
Section  7-60  of  this  Article  7 for the certifying of the
names of persons nominated by any party for State offices. If
and as long as this Act prescribes that  the  names  of  such
electors be not printed on the ballot, then the names of such
electors  shall  be  certified  in  such  manner  as  may  be
prescribed by the parts of this Act applicable thereto.
    (d)  Each  convention  may  perform  all  other functions
inherent to such political organization and not  inconsistent
with this Article.
    (e)  At  least  33  days  before  the  date  of  a  State
convention  primary  at  which  committeemen are elected, the
chairman of the State central  committee  of  each  political
party  shall  file in the principal office of the State Board
of Elections county clerk in each county of the State a  call
for  the State convention. Such call shall state, among other
things, the time and place (designating the building or hall)
for holding the State convention. Such call shall  be  signed
by  the  chairman  and  attested  by  the  secretary  of  the
committee.  In  such convention each county shall be entitled
to one delegate for each 500 ballots  voted  by  the  primary
electors  of  the  party  in such county at the primary to be
held next after the issuance of such call;  and  if  in  such
county,  less  than 500 ballots are so voted or if the number
of ballots so voted is not exactly a multiple of  500,  there
shall  be one delegate for such group which is less than 500,
or for such group representing the number of votes  over  the
multiple  of 500, which delegate shall have 1/500 of one vote
for each primary vote so represented by  him.  The  call  for
such convention shall set forth this paragraph (e) of Section
7-9  in full and shall direct that the number of delegates to
be chosen be calculated in compliance herewith and that  such
number of delegates be chosen.
    (f)  All  precinct,  township  and ward committeemen when
elected as provided in this Section  shall  serve  as  though
elected at large irrespective of any changes that may be made
in  precinct,  township  or  ward  boundaries  and the voting
strength of each committeeman shall  remain  as  provided  in
this Section for the entire time for which he is elected.
    (g)  The  officers elected at any convention provided for
in this  Section  shall  serve  until  their  successors  are
elected as provided in this Act.
    (h)  A  special  meeting  of any central committee may be
called by the chairman, or  by  not  less  than  25%  of  the
members of such committee, by giving 5 days notice to members
of  such  committee in writing designating the time and place
at which such special meeting is to be held and the  business
which it is proposed to present at such special meeting.
    (i)  Except as otherwise provided in this Act, whenever a
vacancy exists in the office of precinct committeeman because
no  one  was  elected  to that office or because the precinct
committeeman ceases to reside in  the  precinct  or  for  any
other reason, the chairman of the county central committee of
the  appropriate political party may fill the vacancy in such
office by appointment of a qualified resident of  the  county
and the appointed precinct committeeman shall serve as though
elected; however, no such appointment may be made between the
general  primary  election and the 14th day after the general
primary election.
    (j)  If the number  of  Congressional  Districts  in  the
State  of  Illinois is reduced as a result of reapportionment
of Congressional  Districts  following  a  federal  decennial
census,  the State Central Committeemen and Committeewomen of
a political party which elects its State Central Committee by
either Alternative A or by Alternative B under paragraph  (a)
of  Section 7-8 who were previously elected shall continue to
serve  as  if  no  reapportionment  had  occurred  until  the
expiration of their terms.
(Source: P.A. 89-5, eff. 1-1-96.)

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

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