SB 1592 — ELEC CD-BOARD OF ELEC COMM

*LRB10010571MLM20788b* SB1592 100THEngrossed GENERALLRB100 ASSEMBLY10571 StateMLM of20788 Illinoisb andAN 2018ACT SB1592concerning Introducedelections. 2/9/2017, by Sen.

Don Harmon SYNOPSIS AS INTRODUCED:

ILCS 5/6-19.5 ILCS 5/Art.

6B heading new ILCS 5/6B-1 new ILCS 5/6B-5 new ILCS 5/6B-10 new ILCS 5/6B-15 new ILCS 5/6B-20 new ILCS 5/6B-25 new ILCS 5/6B-30 new ILCS 5/6B-35 new ILCS 5/6B-40 new ILCS 5/6B-45 new ILCS 5/6B-50 new ILCS 5/6B-55 new ILCS 5/6B-60 new ILCS 5/6B-65 new ILCS 5/6B-70 new Amends the Elections Code.

Allows counties to create a board of election commissioners within the office of the county clerk.

Sets forth procedures for adoption, compensation, effect, transfer of records, procurement of supplies, references, personnel, and legal representation.

Creates a county director of elections.

Requires certain meetings of the board.

Requires retention of records and audits.

Effective immediately.

LRB100 10571 MLM 20788 b A BILL FOR SB1592 LRB100 10571 MLM 20788 b AN ACT concerning elections.

COUNTY BOARD OF ELECTION COMMISSIONERS WITHIN THE OFFICE OF THE COUNTY CLERK SB1592 Engrossed - 2 - LRB100 10571 MLM 20788 b (10 ILCS 5/6B-1 new) Sec.

(d) The provisions of this Article 6B are not applicable to or available to a county if, prior to January 1, 2017, a city, village, or incorporated town located in whole or in part within the county has established a board of election commissioners pursuant to Article 6 of this Code and that board of election commissioners of the city, village, or incorporated town has not been superseded by a county board of election SB1592 Engrossed - 3 - LRB100 10571 MLM 20788 b commissioners in the portion of the city, village, or incorporated town located within the county under Article 6A of this Code.

(a) AThere is created a county board of election commissioners within the office of the county clerkclerk, which shall consist of 5 commissioners.members, all of whom shall be residents of that county.

The county clerk shall serve ex-officioex officio as an election SB1592 - 3 - LRB100 10571 MLM 20788 b commissioner, with vote, and as chairman of the county board of election commissioners.

(b) The chairman of the county boardboard, shall appoint, with the advice and consent of the county board, 4shall commissionersappoint from among the 2remaining leading4 establishedcommissioners. political parties of the State, with at least 2 commissioners from each of those parties.

Two of thethose commissioners first appointed shall holdbe theiraffiliated officeswith until June 1 of the nextpolitical odd-numberedparty yearthat andreceived the remaininghighest 2statewide commissionersvote shalltotal holdin their offices until June 1 of the nextlast followinggubernatorial odd-numberedelection. year and until their successors have been appointed and qualified.

ThereafterThe theremaining 2 commissioners and their successors shall be appointedaffiliated forwith 4-yearthe termspolitical suchparty that notreceived morethe thansecond onehighest commissionerstatewide fromvote eachtotal leadingin politicalthe partylast maygubernatorial begeneral designatedelection. for the same term.

(c)Commissioners Theappointed countyby clerk shall give written notice to the chairman of the county board andshall thebe chairmanpersons ofwho thehave countyextensive centralknowledge committee of eachthe leadingelection politicalprocess party (i) within 3 days of any vacancy in the officeState of election commissioner and (ii)county. 60 days prior to the expiration of an election commissioner's term of office as set forth in subsection (b) of this Section.

The(c) noticeWhen shallselecting reflectcommissioners from a political party other than his or her own, the namechairman of eachthe commissionercounty whoboard hasSB1592 resignedEngrossed or- whose4 term- isLRB100 expiring10571 andMLM 20788 b shall select the commissioner'scommissioners from a list of suggestions submitted to him or her by a group of 5 elected officials who are members of that other political affiliation.party.

PriorThe togroup his appointment of commissionerselected underofficials thiswho Section,may thesubmit chairmansuggestions ofto the countychairman board shall consultbe withcomprised electedof officialsthe who5 arelongest serving members of the respectivecounty leadingboard politicalwho partiesbelong andto seekthat theirother SB1592political -party. 4 - LRB100 10571 MLM 20788 b recommendation as to prospective commissioners.

(d)If Nothere appointedare electionfewer commissionerthan may5 hold,county accept,board ormembers seekof electionthat orother appointmentpolitical toparty, anythen otherthe publicremaining orofficials politicalshall officebe duringthe longest serving members of the termGeneral toAssembly whichwho heare ormembers sheof wasthat appointedother anpolitical electionparty commissioner.and represent at least 20 precincts of that county.

(e)If EachGeneral appointedAssembly electionmembers commissioner,have beforeserved takingin histhe orGeneral herAssembly seatfor onan theequal board,amount shallof taketime, anthen oaththe ofmember office,who whichrepresents inmore substanceprecincts of the county shall be inselected to the followinggroup form:submitting suggestions to the chairman.

"I,Each ....of the 5 elected officials submitting suggestions to the chairman shall submit 2 names per vacancy.

do(d) solemnlyFor swear,the (orinitial affirm)appointments thatto Ia amboard aof citizenelection commissioners within the office of the Unitedcounty States,clerk, and2 thatcommissioners, Ione ameach from each political party, shall be appointed to serve a legal2-year voterterm, and resident2 ofcommissioners theshall Countybe ofappointed ....to serve a 4-year term.

ThatSuccessor Imembers will support the Constitution of the United States and of the State of Illinois, and the laws passed in pursuance thereof, to the best of my ability, and will faithfully and honestly discharge the duties of the office of election commissioner." The oath, when subscribed and sworn to, shall beserve filedfor interms the office of the4 countyyears. clerk of the county and be there preserved.

Such(e) appointedThe electionchairman commissionerof shallthe also,county beforeboard takingshall suchprovide oath,public givenotice anof officiala bondvacancy inon the sumcounty board of $10,000.00election withcommissioners twowithin securities,the tooffice beof approved by the county clerk,clerk conditionedbefore forSB1592 theEngrossed faithful- and5 honest- performanceLRB100 of10571 hisMLM or20788 herb dutiesappointing anda thereplacement. preservation of the property of his or her office.

(f) Appointments to fill vacancies on the county board of election commissioners within the office of the county clerk shall be consistent with the manner of the original appointment.

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

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

"I, ...., do solemnly swear (or affirm) that I am a citizen of the United States, that I am a legal voter and resident of the County of ...., that I will support the Constitution of the United States and of the State of Illinois, and the laws passed in pursuance thereof, to the best of my ability, and that I will faithfully and honestly discharge the duties of the office of election commissioner." The oath, when subscribed and sworn to, shall be filed in the office of the county clerk of the county and be there preserved.

Such appointed election commissioner shall also, before taking such oath, give an official bond in the sum of $10,000.00 with two securities, to be approved by the county clerk, conditioned for the faithful and honest performance of his or her duties and the preservation of the property of his SB1592 Engrossed - 6 - LRB100 10571 MLM 20788 b or her office.

Compensation of appointed election SB1592 - 5 - LRB100 10571 MLM 20788 b commissioners.

The county board may, by ordinance, provide for an annual salary for the election commissioners other than the county clerk in an amount not to exceed 20% of the salary of any county board member or authorize payment on a per diem or per meeting basis.

If such a county establishes a county board of SB1592 Engrossed - 7 - LRB100 10571 MLM 20788 b election commissioners within the office of the county clerk pursuant to this Article, the county board of election commissioners within the office of the county clerk shall, with respect to the territory in the county within the corporate limits of the city, village, or incorporated town, supersede SB1592 - 6 - LRB100 10571 MLM 20788 b the board of election commissioners of that city, village, or incorporated town.

Thereupon, all functions, powers, and duties of the county clerk, the county board, or board of election commissioners relating to elections in that county are transferred to the county board of election commissioners within the office of the county clerk.

SB1592 Engrossed - 8 - LRB100 10571 MLM 20788 b (10 ILCS 5/6B-25 new) Sec.

The chairman of the board of election commissioners within the office of the county clerk shall have the right to employ a county director of elections who shall have charge of the office of said board SB1592 - 7 - LRB100 10571 MLM 20788 b and who shall be present and in attendance at all proper business hours.

Any procurements shall be authorized by the board of election commissioners within the SB1592 Engrossed - 9 - LRB100 10571 MLM 20788 b office of the county clerk, rather than by the county board, subject to appropriation, and in the manner Section 5-1022 of the Counties Code authorizes county boards to make these purchases.

(b) A county board of election commissioners within the SB1592 - 8 - LRB100 10571 MLM 20788 b office of the county clerk may determine the method by which it procures election-related professional services subject to appropriation consistent with the requirements of law and county ordinance.