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A RESOLUTION RESOLVING A DISPUTE BETWEEN
THE DU PAGE COUNTY CLERK AND THE DARIEN PARK DISTRICT
IN FAVOR OF THE DU PAGE COUNTY CLERK
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 instead offered a hallway of the structure located at 7301 Fairview Avenue, Darien, Illinois; and
WHEREAS, the counsel for the Darien Park District has indicated that the offered hallway will not be available for the hours required by law and demands that the polling location be closed early in contravention of the Illinois Election Code.
NOW, THEREFORE, BE IT RESLOVED, 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 demanded that any polling location close at hours other than those provided by 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 failed to provide written documentation conveying meaningful reasoning for denying the use of the requested facility to the DuPage County Clerk.
; 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 Piano Room” at 7301 Fairview Avenue, Darien, Illinois as requested and required by the Clerk, 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.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK