2023 Illinois Compiled Statutes › Chapter 10 - ELECTIONS › 10 ILCS 5/ - Election Code. › Article 14 - Judges (In Municipalities Under Boards Of Election Commissioners)

(10 ILCS 5/Art. 14 heading)
ARTICLE 14.  
		JUDGES
(IN MUNICIPALITIES UNDER
BOARDS OF ELECTION COMMISSIONERS)
(10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
Sec. 14-1. (a) The board of election commissioners established
or existing under Article 6 shall, at the time and in the
manner provided in Section 14-3.1, select and choose 5 persons,
men or women, as judges of election for each precinct in such
city, village or incorporated town.
Where neither voting machines nor electronic, mechanical or
electric voting systems are used, the board of election
commissioners may, for any precinct with respect to which the
board considers such action necessary or desirable in view of
the number of voters, and shall for general elections for any
precinct containing more than 600 registered voters, appoint
in addition to the 5 judges of election a team of 5 tally judges.
In such precincts the judges of election shall preside over the
election during the hours the polls are open, and the tally
judges, with the assistance of the holdover judges designated
pursuant to Section
14-5.2, shall count the vote after the closing of the polls.
The tally judges shall possess the same qualifications and
shall be appointed in the same manner and with the same division
between political parties as is provided for judges of election.
The foregoing provisions relating to the appointment of tally
judges are inapplicable in counties with a population of
1,000,000 or more.
(b) To qualify as judges the persons must:
(1) be citizens of the United States;
(2) be of good repute and character and not subject     to the registration requirement of the Sex Offender Registration Act;
(3) be able to speak, read and write the English     language;
(4) be skilled in the 4 fundamental rules of     arithmetic;
(5) be of good understanding and capable;
(6) not be candidates for any office at the election     and not be elected committeepersons;
(7) reside and be entitled to vote in the precinct in     which they are selected to serve, except that in each precinct not more than one judge of each party may be appointed from outside such precinct.  Any judge so appointed to serve in any precinct in which he is not entitled to vote must be entitled to vote elsewhere within the county which encompasses the precinct in which such judge is appointed and such judge must otherwise meet the qualifications of this Section, except as provided in subsection (c) or (c-5).
(c) An election authority may establish a program to permit a person who
is not entitled to vote
to be appointed as an election judge if, as of the date of the election at
which the person serves as a judge, he or she:
(1) is a U.S. citizen;
(2) is a junior or senior in good standing enrolled     in a public or private secondary school;
(3) has a cumulative grade point average equivalent     to at least 3.0 on a 4.0 scale;
(4) has the written approval of the principal of the     secondary school he or she attends at the time of appointment;
(5) has the written approval of his or her parent or     legal guardian;
(6) has satisfactorily completed the training course     for judges of election described in Sections 13-2.1, 13-2.2, and 14-4.1; and
(7) meets all other qualifications for appointment     and service as an election judge.
No more than one election judge qualifying under this subsection may serve
per political party per precinct.
Prior to appointment, a judge qualifying under this subsection must certify
in writing to the election authority the political party the judge chooses to
affiliate with.
Students appointed as election judges under this subsection
shall not be counted as absent from school on the day they serve as judges.
(c-5) An election authority may establish a program to permit a person who
is not entitled to vote in that precinct or county to be appointed as an
election judge if, as of the date of the election at which the person serves as
a judge, he or she:
(1) is a U.S. citizen;
(2) is currently enrolled in a community college, as     defined in the Public Community College Act, or a public or private Illinois university or college;
(3) has a cumulative grade point average equivalent     to at least 3.0 on a 4.0 scale;
(4) has satisfactorily completed the training course     for judges of election described in Sections 13-2.1, 13-2.2, and 14-4.1; and
(5) meets all other qualifications for appointment     and service as an election judge.
No more than one election judge qualifying under this subsection may serve
per political party per precinct.
Prior to appointment, a judge qualifying under this subsection must certify
in writing to the election authority the political party the judge chooses to
affiliate with.
Students appointed as election judges under this subsection
shall not be counted as absent from school on the day they serve as judges.
(d) The board of election commissioners may select 2 additional
judges of election, one from each of the major political parties,
for each 200 voters in excess of 600 in any precinct having more
than 600 voters as authorized
by Section 11-3.  These additional judges must meet the
qualifications prescribed in this Section.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
Sec. 14-3.1. The board of election commissioners shall, during the
month of July of each even-numbered year,
select
for each election precinct within the jurisdiction of the board 5
persons to be judges of election who shall possess the qualifications
required by this Act for such judges. The selection shall be made by a
county board of election commissioners in the following manner:  the county
board of election commissioners shall select and approve 3 persons as judges of
election in each election precinct from a certified list
furnished by the chair of the county central committee of the first leading
political party in that precinct; the county board of election commissioners
also shall select and approve 2 persons as judges of election in each election
precinct from a certified list furnished by the chair of the county central
committee of the second leading political party in that precinct.  The
selection by a municipal board of election commissioners shall be made in the
following manner: for each precinct, 3 judges shall be selected from one of
the 2 leading political parties and the other 2 judges shall be selected from
the other leading political party;  the parties entitled to 3 and 2
judges, respectively, in the several precincts shall be determined as provided
in Section 14-4.  However, a Board of Election Commissioners may
appoint
three judges of election to serve in lieu of the 5 judges of election otherwise
required by this Section to serve in any emergency referendum, or in any
odd-year regular election or in any special primary or special election called
for the purpose of filling a vacancy in the office of representative in the
United States Congress or to nominate candidates for such purpose.
If only 3 judges of election serve in each election precinct, no more than
2 persons of the same political party shall be judges of election in the
same election precinct, and which political party is entitled to 2 judges
of election and which political party is entitled to one judge of election
shall be determined as set forth in this Section for a county board of
election commissioners' selection of 5 election judges in each precinct or in
Section 14-4 for a municipal board of election commissioners' selection of
election judges in each precinct, whichever is appropriate. In addition to
such precinct judges, the board of election commissioners shall appoint special
panels of 3 judges each, who shall possess the same qualifications and shall be
appointed in the same manner and with the
same division between political parties as is provided for other judges of
election. The number of such panels of judges required shall be determined by
regulation of the State Board of Elections, which shall base the required
number of special panels on the number of registered voters in the jurisdiction
or the number of absentee ballots voted at recent elections or any combination
of such factors.  A municipal board of election
commissioners shall make the
selections of persons qualified under Section 14-1 from certified lists
furnished by the chair of the respective county central committees, or each ward committeeperson in a municipality of 500,000 or more inhabitants, of the 2
leading political parties.  Lists furnished by chairmen of county central
committees or ward committeepersons, as the case may be, under this Section shall be arranged
according to precincts. The chair of each county central committee or ward committeepersons, as the case may be, shall,
insofar as possible, list persons who reside within the precinct in which they
are to serve as judges.
However, he may, in his sole discretion, submit the names of persons who
reside outside the precinct but within the county embracing the precinct
in which they are to serve. He must, however, submit the names of at
least 2 residents of the precinct for each precinct in which his party
is to have 3 judges and must submit the name of at least one resident of
the precinct for each precinct in which his party is to have 2 judges.
The board of election commissioners shall no later than March 1 of each
even-numbered year notify the chairmen
of the respective county central committees or ward committeepersons, as the case may be, of their responsibility to
furnish such lists, and each such chair shall furnish the board of
election commissioners with the list for his party on or before May 1 of each
even-numbered year. The
board of election commissioners shall acknowledge in writing to each
county chair or ward committeepersons, as the case may be, the names of all persons submitted on such certified
list and the total number of persons listed thereon. If no such list is
furnished or if no names or an insufficient number of names are
furnished for certain precincts, the board of election commissioners
shall make or complete such list from the names contained in the
supplemental list provided for in Section 14-3.2. Judges of election
shall hold their office for 2 years from their appointment and until
their successors are duly appointed in the manner herein provided. The
board of election commissioners shall, subject to the provisions of
Section 14-3.2, fill all vacancies in the office of judges of election
at any time in the manner herein provided.
Such selections under this Section shall be confirmed by the court as
provided in Section 14-5.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/14-3.2) (from Ch. 46, par. 14-3.2)
Sec. 14-3.2. 
In addition to the list provided for in Section 14-3.1, the chair of
the county central committee, or each ward committeeperson in a municipality of 500,000 or more inhabitants, of each of the 2 leading political parties
shall furnish to the board of election commissioners a supplemental list,
arranged according to precinct in which they are to serve, of persons
available as judges of election, the names and number of all persons listed
thereon to be acknowledged in writing to the county chair or ward committeepersons, as the case may be, submitting
such list by the board of election commissioners. The board of election
commissioners shall select from this supplemental list persons qualified
under Section 14-1, to fill vacancies among the judges of election. If the
list provided for in Section 14-3.1 for any precinct is exhausted, then
selection shall be made from the supplemental list furnished by the chair
 of the county central committee or ward committeepersons, as the case may be, of the party. If such supplemental
list is exhausted for any precinct, then selection shall be made from any
of the persons on the supplemental list without regard to the precincts in
which they are listed to serve. No selection or appointment from the
supplemental list shall be made more than 21 days prior to the date of
precinct registration for those judges needed as precinct registrars, and
more than 60 days prior to the date of an election for those
additional
persons needed as election judges. In any case where selection cannot be
made from the supplemental list without violating Section 14-1, selection
shall be made from outside the supplemental list of some person qualified
under Section 14-1.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/14-4) (from Ch. 46, par. 14-4)
Sec. 14-4. 
		
		The leading political party represented by a minority
of all the commissioners in the board shall be entitled to 2 of
the judges in each precinct with an even number, and 3 of the
judges in each precinct with an odd number, and the other
leading political party shall be entitled to 3 judges in the
even and 2 judges in the odd number precincts; and if only 3
judges of election serve in each precinct, the leading political
party represented by the minority of all the commissioners in
the board shall be entitled to one of the judges of election in
each precinct with an even number, and 2 of the judges of
election in each precinct with an odd number, and the other
leading political party shall be entitled to 2 judges of election
in the even and one judge of election in the odd number precincts;
and it shall be the duty of such commissioners to observe this
division in all respects in making such appointments; except that this
Section does not apply to appointments by county boards of election
commissioners under Section 14-3.1.
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/14-4.1) (from Ch. 46, par. 14-4.1)
Sec. 14-4.1. 
		
		The Board of Election Commissioners shall establish a training
course for judges of election. The curriculum of such course shall be
approved by the Board. A suitable certificate shall be issued by the Board
to each student upon his satisfactory completion of the course.
Such course may be established jointly with a course in the county
established as provided in Section 13-2.1 of this Act.
Such course shall be conducted in the manner provided by Section 13-2.2
of this Act.
(Source: Laws 1961, p. 3399.)
(10 ILCS 5/14-4.5)
Sec. 14-4.5. Time off from work to serve as election judge.
Any person
who
is
appointed as an election judge under Section 13-1 or 13-2 may, after giving his
or her
employer at least 20 days' written notice, be absent from his or her place of
work for the
purpose of serving as an election judge.  An employer may not penalize an
employee for
that absence other than a deduction in salary for the time the employee was
absent from
his or her place of employment. An employer may not require an employee to use earned vacation time or any form of paid leave time to serve as an election judge.
This Section does not apply to an employer with fewer than 25 employees.
An employer with more than 25 employees
shall not be required to permit more than 10% of the employees to be absent
under this Section on the same election day.
(Source: P.A. 98-691, eff. 7-1-14.)
(10 ILCS 5/14-5) (from Ch. 46, par. 14-5)
Sec. 14-5. 
After the judges are selected and have agreed to serve as
provided in Sections 14-1 to 14-4, inclusive, then a report of such
selections shall be made and filed in the court, and application shall then
be made by the board to the circuit court for their confirmation and
appointment, whereupon the court shall enter an order that cause be shown,
if any exists, against the confirmation and appointment of such persons so
named, on or before the opening of the court on a day to be fixed by the
court. And the board of commissioners shall immediately give notice of such
order and the names of all such judges so reported to such court for
confirmation, and their residence and the precinct for which they were
selected, by causing a notice to be published in one or more
newspapers in
such city, village or incorporated town, and if no newspaper be published
in such city, village or incorporated town, then by posting such notice in
3 of the most public places in such city, village or town.  The notice shall
state that a list of judges of election is available for public inspection in
the office of the election authority. If no cause
to the contrary is shown prior to the day fixed, and if, in each precinct,
at least one judge representing each of the two major political parties has
been certified by the board of commissioners as having satisfactorily
completed within the preceding 6 months the training course and examination
for judges of election, as provided in Section 14-4.1 of this Act such
appointments shall be confirmed by order entered by that court.
If in any precinct the requisite 2 judges have not been so certified by
the board of commissioners as having satisfactorily completed such course
and examination, the board of commissioners shall immediately notify all
judges in that precinct, to whose appointment there is no other objection,
that all such judges shall attend the next such course. The board of
commissioners shall then certify to the court that all such judges have
been so notified (and such certification need contain no detail other than
a mere recital). The appointment of such judges shall then be confirmed by
order entered by the court. If any judge so notified and so confirmed fails
to attend the next such course, such failure shall subject such judge to
possible removal from office at the option of the election authority.
If objections to the appointment of any such judge is filed prior to the
day fixed by the court for confirmation of judges, the court shall hear
such objections and the evidence introduced in support thereof, and shall
confirm or refuse to confirm such nominations, as the interests of the
public may require. No reasons may be given for the refusal to confirm. If
any vacancies exist by reason of the action of such board or otherwise, at
any time, the board of commissioners shall, subject to the provisions of
Section 14-3.2, further report and nominate persons to fill such vacancies
so existing in the manner aforesaid, and a court in the same way shall
consider such nominations and shall confirm or refuse to confirm the same
in the manner aforesaid. Upon the confirmation of such judges, at any time,
a commission shall issue to each of such judges, under the seal of such
court, and appropriate forms shall be prepared by the board of
commissioners for such purpose. After such confirmation and acceptance of
such commission, such judges shall thereupon become officers of such court.
If a vacancy occurs so late that application to and confirmation by the
court cannot be had before the election, then the board of commissioners
shall, subject to the provisions of Section 14-3.2, make an appointment and
issue a commission to such officer or officers, and when thus appointed
such officer shall be considered an officer of the court and subject to the
same rules and punishment, in case of misbehavior, as if confirmed by the
court, and any judge, however appointed, and at whatever time, shall be
considered an officer of court, and be subject to the same control and
punishment in case of misbehavior. Not more than 10 business days after the
day of election, the board of election commissioners shall compile a list
containing the name, address and party affiliation of each judge of
election who served on the day of election, and shall preserve such list
and make it available for public inspection and copying for a period of not
more than one year from the date of receipt of such list.  Copies of such
list shall be available for purchase at a cost not to exceed the cost of
duplication. The board of commissioners has the right
at any time, in case of misbehavior or neglect of duty, to remove any judge
of election, and shall cause such vacancy to be filled in accordance with
this Act. Except for judges appointed under subsection (c) of Section 14-1,
the board has the right, at any time, to remove any judge of
election for failing to vote the primary ballot of the political party he
represents at a primary election at which he served as such judge, and
shall cause such vacancy to be filled in accordance with this Act.
The board shall remove any judge of election who, twice during the same
term of office, fails to provide for the opening of the polling place at
the time prescribed in Section 17-1 or Section 18-2, whichever is
applicable, unless such delay can be demonstrated
by the judge of election to be beyond his or her control. In the
event that any judge of election is removed for cause, the board shall
specify such cause in writing and make such writing a matter of public
record, with a copy to be sent to the appropriate county chair who made
the initial recommendation of the election judges. The judges of election
must be appointed and confirmed at least 35 days prior to the next
election.
If any vacancy shall occur or exist, more than 5 days before election
the judges appointed to such places must be confirmed by such court. Such
commissioners shall not voluntarily remove any judge within 5 days of such
election, except for flagrant misbehavior, incapacity or dishonesty, and
the reasons therefor must afterwards be reported in writing to such court
and made a matter of public record, with a copy to be sent to the
appropriate county chair who made the initial recommendation of the
election judge. If such removal be wilful and without cause, the
commissioners shall be punished for contempt of court and subject to
removal. The board of election commissioners shall have the power on
election day to remove without cause any judge of election appointed by the
other judges of election pursuant to Section 14-6 and to appoint another
judge of election to serve for that election. Such substitute judge of
election must be selected, where possible, pursuant to the provisions of
Section 14-3.2 and must be qualified in accordance with Section 14-1.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/14-5.1) (from Ch. 46, par. 14-5.1)
Sec. 14-5.1. 
		
		Each judge of election shall be identified as such by a
suitable badge or label authorized and issued by the board of election
commissioners and bearing the date of the election for which issued.  On
such badge, the judge shall print his or her name and the ward or township
and precinct number in which he or she is serving.
(Source: P.A. 84-971.)
(10 ILCS 5/14-5.2) (from Ch. 46, par. 14-5.2)
Sec. 14-5.2. 
		
		For each precinct in which there are 2 teams of judges, the board of
election commissioners shall designate 2 of the judges of election, one
from each political party, as holdover judges. The holdover judges shall be
on duty during the entire time from the opening of the polls until the
conclusion of the counting of the vote.
(Source: P.A. 76-1224.)
(10 ILCS 5/14-6) (from Ch. 46, par. 14-6)
Sec. 14-6. 
		
		If, in any municipality operating under Article 6 of this
Act, any judge shall not be present after the expiration of 15 minutes
from the time to open the polls, or within 15 minutes from the time of
closing the polls in the case of a judge appointed to count the vote or
if any judge becomes ill or if any member of his immediate family
becomes ill such judge may be excused from further attendance, and the
judge or judges present shall fill the place of such absent judge,
always selecting a person of the same political party as the party absent.
One of the judges shall administer to such substitute the oath as
required of the judge originally appointed, and blank forms shall be
sent out by the commissioners for such purpose, which oath shall be
preserved and returned to the commissioners, and such appointee shall be
considered an officer of the circuit court, and subject to the same
punishment and penalties as any other judge. Whenever such regular judge
shall be present such substitute shall cease to act. No judge shall
knowingly absent himself from the polls on election day, without good
cause. No judge shall knowingly detain any register or poll book or
cause it not to be produced at the polling place at the opening of the
polls, or for not more than 15 minutes thereafter.
(Source: P.A. 80-704.)
(10 ILCS 5/14-7) (from Ch. 46, par. 14-7)
Sec. 14-7. 
		
		Immediately after the confirmation of such judges by the
circuit court, the Board of Election Commissioners shall notify each
judge of election of his appointment and shall immediately mail to the
judge of election his commission.
Previous to any vote being taken, judges of election shall severally
subscribe and take an oath or affirmation in the following form:
"I, ...., residing at .... in the city (village or town) of .... in
the State of Illinois, do solemnly swear (or affirm) (in the case of a
registered voter, that I am a legal
voter in the .... ward of the city (village or town), of .... in the
State of Illinois); that I will support the laws and constitution of the
United States, and of the State of Illinois, and that I will faithfully
and honestly discharge the duties of the office of judge of election for
the .... precinct of the .... ward of the city (village or town) of
...., in the county of ...., in the State of Illinois, according to the
best of my ability."
(Source: P.A. 91-352, eff. 1-1-00.)
(10 ILCS 5/14-8) (from Ch. 46, par. 14-8)
Sec. 14-8. 
		
		At least 60 days prior to the next election occurring
immediately after the expiration of the term of office of the judges, the
election commissioners shall cause judges of election again to be selected,
who shall be selected, appointed and commissioned in the same way,
according to the same forms and subject to the same qualifications and
limitations as required for the selection and appointment of such officers
in the first instance hereunder.
(Source: Laws 1957, p. 1450.)
(10 ILCS 5/14-9) (from Ch. 46, par. 14-9)
Sec. 14-9. 
		
		In all municipalities operating under Article VI of this Act,
judges of election shall receive the compensation specified in Section 13-10
in accordance with the population of the county as in said Section specified.
When any judge of election, deputy registrar, judge of registration or
officer of registration does not perform all the services required by this
Act, then the board of election commissioners shall audit his time and
allow his pro rata compensation.
(Source: Laws 1957, p. 1450.)