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File #: CB-R-0043-24    Version: 1
Type: County Board Resolution Status: Withdrawn
File created: 8/23/2024 In control: DuPage County Board
On agenda: 8/27/2024 Final action: 8/27/2024
Title: A RESOLUTION RESOLVING A DISPUTE BETWEEN THE DU PAGE COUNTY CLERK AND THE DARIEN PARK DISTRICT IN FAVOR OF THE DARIEN PARK DISTRICT WHEREAS, the DuPage County Clerk is an election authority as defined by the Illinois Election Code; and WHEREAS, the Darien Park District is both a unit of local government as defined by Section 1 of Article VII of the Illinois Constitution, and a Park District organized under the Park District Code; and WHEREAS, the 2024 General Election, as mandated by the Illinois Election Code, is scheduled to occur on Tuesday, November 5, 2024; and WHEREAS, the Illinois Election Code provides that election authorities shall offer early voting locations within their jurisdictions; and WHEREAS, Section 19A-21 of the Illinois Election Code provides that upon request of an election authority, any unit of local government shall make the unit's public buildings within the election authority's jur...
Attachments: 1. Darien Park Dist Position Statement 8.22.24_Redacted.pdf

 

title

A RESOLUTION RESOLVING A DISPUTE BETWEEN

THE DU PAGE COUNTY CLERK AND THE DARIEN PARK DISTRICT

IN FAVOR OF THE DARIEN PARK DISTRICT

 

 

WHEREAS, the DuPage County Clerk is an election authority as defined by the Illinois Election Code; and

 

WHEREAS, the Darien Park District is both a unit of local government as defined by Section 1 of Article VII of the Illinois Constitution, and a Park District organized under the Park District Code; and

 

WHEREAS, the 2024 General Election, as mandated by the Illinois Election Code, is scheduled to occur on Tuesday, November 5, 2024; and

 

WHEREAS, the Illinois Election Code provides that election authorities shall offer early voting locations within their jurisdictions; and

 

WHEREAS, Section 19A-21 of the Illinois Election Code provides that upon request of an election authority, any unit of local government shall make the unit’s public buildings within the election authority’s jurisdiction available as permanent or temporary early voting polling places without charge; and

 

WHEREAS, Section 19A-21 of the Illinois Election Code was recently amended to provide that where the election authority’s request is made to a park district, a park district is permitted to demonstrate to the election authority that the use of a specific room as an early voting polling location would interfere with scheduled programming, the park district and the election authority are required to work cooperatively to find an alternative room at the same location to serve as an early voting location; and

 

WHEREAS, if the park district and election authority are unable to identify a mutually agreeable alternative location within the park district, the park district and the election authority shall prepare documentation explaining the difficulties for their respective entities to the County Board who shall determine which room shall be used as an early voting location as soon as practicable to avoid delays in determining an early voting polling location; and

 

WHEREAS, the DuPage County Clerk has submitted a request to use the Darien Park District facility located at 7301 Fairview Avenue, Darien, Illinois, specifically “The Piano Room”; and

 

WHEREAS, the counsel for the Darien Park District has declined to submit an alternative location within the park district facility in writing, but has instead offered a hallway of the structure located at 7301 Fairview Avenue, Darien, Illinois; and

 

WHEREAS, the counsel for the Darien Park District has stated that they will not make the location available for the period of time in which the polling locations are required to be open, where those times conflict with the normal operational hours of the Park District.

 

 

 

NOW, THEREFORE, BE IT RESOLVED, that the DuPage County Board finds as follows:

 

A.                     That the DuPage County Clerk is the Election Authority, as defined by the Illinois Election Code, for DuPage County, Illinois.

B.                     That the Darien Park District is a unit of government as defined by Section 1 of Article VII of the Illinois Constitution.

C.                     That the Darien Park District is a Park District organized under the Park District Code.

D.                     That the DuPage County Clerk has submitted a proposal seeking to use a portion of the Darien Park District facility located at 7301 Fairview Avenue, Darien, Illinois.

E.                     That the Darien Park District has declined to provide the requested area and has not offered any written proposed alternative as required by Section 19A-21 of the Illinois Election Code.

F.                     That the Darien Park District, through their counsel, has offered the use of a hallway in the facility located at 7301 Fairview Avenue, Darien, Illinois.

G.                     That the DuPage County Clerk has a duty to provide a facility which is both easily accessible to members of the voting public and meets the basic operational needs of the DuPage County Clerk to safely and securely conduct election activities.

H.                     That the Darien Park District has provided sufficient written information so as to show that their difficulty in providing the Clerk’s requested location is greater than the difficulty imposed upon the voter and the general public by locating the polling location in the hallway offered by the Darien Park District.

; and

 

BE IT FURTHER RESOLVED, that the DuPage County Board has determined that the Darien Park District shall make available to the DuPage County Clerk the designated hallway located at 7301 Fairview Avenue, Darien, Illinois, as proposed by the Darien Park District; and

 

BE IT FURTHER RESOLVED, that the Darien Park District is to furnish to the Clerk all requested and required access to the facility so as to facilitate the set up of the polling location, storage of equipment related thereto, and removal thereof after the period of voting, including early voting, has concluded; and

 

BE IT FURTHER RESOLVED, that the Darien Park District is to take all necessary steps and incur all necessary expenses to ensure that the polling location is operational for the hours during which the polling location is to be open under the Illinois Election Code; and

 

BE IT FURTHER RESOLVED, that this resolution shall take effect immediately and that the DuPage County Clerk is directed to transmit, by Email, a certified copy of this resolution to (1) Ray Jablonski (ray@darienparks.com), and (2) Gina Madden (gmaddenlaw@gmail.com).

 

 

Enacted and approved this 27th day of August, 2024 at Wheaton, Illinois.

 

 

 

________________________________

DEBORAH A. CONROY, CHAIR

DU PAGE COUNTY BOARD

 

 

 

Attest: ___________________________________

JEAN KACZMAREK, COUNTY CLERK