093_HB0113

 
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 1        AN  ACT  concerning the use of mail-in ballots in certain
 2    elections.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Election  Code  is  amended by changing
 6    Sections 4-11, 7-5, 7-15, 7-16,  13-1,  13-2,  14-1,  14-3.1,
 7    24A-6, and 24B-6 and adding Article 19A as follows:

 8        (10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
 9        Sec.  4-11.   At  least  2  weeks  prior  to  the general
10    November  election  in  each  even  numbered  year  and   the
11    consolidated  election  in  each odd-numbered year the county
12    clerk shall cause a list to be made for each precinct of  all
13    names  upon  the  registration  record  cards  not  marked or
14    erased, in alphabetical order, with  the  address,  provided,
15    that  such list may be arranged geographically, by street and
16    number, in numerical order, with respect to all precincts  in
17    which  all, or substantially all residences of voters therein
18    shall be located upon and numbered  along  streets,  avenues,
19    courts, or other highways which are either named or numbered,
20    upon  direction  either of the county board or of the circuit
21    court.  On the list, the  county  clerk  shall  indicate,  by
22    italics,  asterisk,  or other means, the names of all persons
23    who  have  registered  since  the  last  regularly  scheduled
24    election  in   the   consolidated   schedule   of   elections
25    established  in  Section 2A-1.1 of this Act. The county clerk
26    shall cause such precinct lists to be  printed  or  typed  in
27    sufficient  numbers  to meet all reasonable demands, and upon
28    application a copy of the same shall be given to  any  person
29    applying therefor.  By such time, the county clerk shall give
30    the  precinct  lists  to  the  chairman  of  a county central
31    committee of an established political party, as such party is
 
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 1    defined in Section 10-2 of this Act,  or  to  the  chairman's
 2    duly  authorized  representative.   Within  30  days  of  the
 3    effective  date  of  this  Amendatory Act of 1983, the county
 4    clerk shall give the precinct lists  compiled  prior  to  the
 5    general  November  election of 1982 to the chairman of county
 6    central committee of an established political party or to the
 7    chairman's duly authorized representative.
 8        Subject to the provisions of Article 19A,  prior  to  the
 9    opening  of  the  polls for other elections, the county clerk
10    shall transmit or deliver to the judges of election  of  each
11    polling  place  a  corrected list of registered voters in the
12    precinct, or the names of persons  added  to  and  erased  or
13    withdrawn  from  the  list for such precinct.  At other times
14    such list, currently corrected, shall be kept  available  for
15    public inspection in the office of the county clerk.
16        Within  60  days  after  each general election the county
17    clerk shall indicate by italics, asterisk, or other means, on
18    the  list  of  registered  voters  in  each  precinct,   each
19    registrant  who  voted  at  that  general election, and shall
20    provide a copy of such list to the  chairman  of  the  county
21    central  committee  of each established political party or to
22    the chairman's duly authorized representative.
23        Within  60  days  after  the  effective  date   of   this
24    amendatory  Act  of  1983, the county clerk shall indicate by
25    italics, asterisk, or other means, on the list of  registered
26    voters  in  each  precinct,  each registrant who voted at the
27    general election of 1982, and shall provide a  copy  of  such
28    coded list to the chairman of the county central committee of
29    each  established  political  party or to the chairman's duly
30    authorized representative.
31        The county clerk may charge a fee to reimburse the actual
32    cost of duplicating  each  copy  of  a  list  provided  under
33    either of the 2 preceding paragraphs.
34    (Source: P.A. 90-358, eff. 1-1-98.)
 
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 1        (10 ILCS 5/7-5) (from Ch. 46, par. 7-5)
 2        Sec.  7-5.   (a)  Primary  elections shall be held on the
 3    dates prescribed in Article 2A.
 4        (b)  Notwithstanding the provisions of any other statute,
 5    no primary shall be held for an established  political  party
 6    in  any  township,  municipality,  or ward thereof, where the
 7    nomination of such party for every office to be voted upon by
 8    the electors of such township, municipality, or ward thereof,
 9    is uncontested.  Whenever a political party's  nomination  of
10    candidates  is uncontested as to one or more, but not all, of
11    the offices to be voted upon by the electors of  a  township,
12    municipality,  or  ward thereof, then a primary shall be held
13    for that  party  in  such  township,  municipality,  or  ward
14    thereof;  provided  that the primary ballot shall not include
15    those offices within such  township,  municipality,  or  ward
16    thereof,  for  which  the  nomination  is  uncontested.   For
17    purposes  of  this  Article, the nomination of an established
18    political party of a candidate  for  election  to  an  office
19    shall  be  deemed  to  be uncontested where not more than the
20    number of persons to be nominated  have  timely  filed  valid
21    nomination  papers  seeking  the nomination of such party for
22    election to such office.
23        (c)  Notwithstanding the provisions of any other statute,
24    no  primary  election  shall  be  held  for  an   established
25    political  party  for any special primary election called for
26    the  purpose  of  filling  a  vacancy  in   the   office   of
27    representative  in  the  United  States  Congress  where  the
28    nomination  of  such  political  party  for  said  office  is
29    uncontested.    For   the   purposes  of  this  Article,  the
30    nomination of an established political party of  a  candidate
31    for election to said office shall be deemed to be uncontested
32    where  not  more  than  the number of persons to be nominated
33    have  timely  filed  valid  nomination  papers  seeking   the
34    nomination  of  such  established  party for election to said
 
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 1    office. This subsection (c) shall not apply if  such  primary
 2    election is conducted on a regularly scheduled election day.
 3        (d)  Notwithstanding the provisions in subsection (b) and
 4    (c)  of  this  Section  whenever  a person who has not timely
 5    filed valid nomination papers and who  intends  to  become  a
 6    write-in candidate for a political party's nomination for any
 7    office  for  which  the  nomination  is  uncontested  files a
 8    written statement or notice of that  intent  with  the  State
 9    Board  of  Elections or the local election official with whom
10    nomination papers for such office are filed, a primary ballot
11    shall be prepared and  a  primary  shall  be  held  for  that
12    office.  Such statement or notice shall be filed on or before
13    the   date   established   in  this  Article  for  certifying
14    candidates for the primary ballot.  Such statement or  notice
15    shall  contain  (i)  the  name  and  address  of  the  person
16    intending  to  become  a write-in candidate, (ii) a statement
17    that the  person  is  a  qualified  primary  elector  of  the
18    political  party  from whom the nomination is sought, (iii) a
19    statement that  the  person  intends  to  become  a  write-in
20    candidate for the party's nomination, and (iv) the office the
21    person  is  seeking  as  a  write-in  candidate.  An election
22    authority shall have no duty to conduct a primary and prepare
23    a primary ballot for any office for which the  nomination  is
24    uncontested,   unless  a  statement  or  notice  meeting  the
25    requirements of this Section is filed in a timely manner.
26        (e)  Except for the general  primary  election  conducted
27    under  Article 19A, the polls shall be open from 6:00 a.m. to
28    7:00 p.m.  The State Board of Elections shall adopt rules for
29    the conduct of the election under Article 19A.
30    (Source: P.A. 86-873.)

31        (10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
32        Sec. 7-15.  At least 60 days prior to  each  general  and
33    consolidated  primary,  the  election authority shall provide
 
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 1    public notice, calculated to reach  elderly  and  handicapped
 2    voters,  of  the availability of registration and voting aids
 3    under the Federal Voting Accessibility for  the  Elderly  and
 4    Handicapped Act, of the availability of assistance in marking
 5    the  ballot, and procedures for voting by absentee ballot. At
 6    least 20 days before the general primary the county clerk  of
 7    each  county,  and  not  more  than  30 nor less than 10 days
 8    before the consolidated primary the election authority, shall
 9    prepare in the manner provided in this Act, a notice of  such
10    primary  which  notice  shall  state  the  time  and place of
11    holding the primary, the procedures for using mail-in ballots
12    in the election subject to  Article  19A,  the  hours  during
13    which   the  polls  will  be  open,  the  offices  for  which
14    candidates  will  be  nominated  at  such  primary  and   the
15    political    parties   entitled   to   participate   therein,
16    notwithstanding that no candidate of any such political party
17    may be entitled to have  his  name  printed  on  the  primary
18    ballot.  Such notice shall also include the list of addresses
19    of  precinct  polling  places  for  the  consolidated primary
20    unless such list is  separately  published  by  the  election
21    authority  not  less  than  10  days  before the consolidated
22    primary.
23        In counties, municipalities, or towns having  fewer  than
24    500,000  inhabitants  notice  of the general primary shall be
25    published once in two or more  newspapers  published  in  the
26    county, municipality or town, as the case may be, or if there
27    is  no  such  newspaper,  then  in any two or more newspapers
28    published in the county  and  having  a  general  circulation
29    throughout the community.
30        In  counties,  municipalities, or towns having 500,000 or
31    more inhabitants notice  of  the  general  primary  shall  be
32    published  at  least 15 days prior to the primary by the same
33    authorities and in the same manner as notice of election  for
34    general  elections  are required to be published in counties,
 
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 1    municipalities or towns of 500,000 or more inhabitants  under
 2    this Act.
 3        Notice  of  the  consolidated  primary shall be published
 4    once in one or more newspapers published  in  each  political
 5    subdivision  having  such  primary,  and  if there is no such
 6    newspaper,  then  published  once  in  a   local,   community
 7    newspaper  having general circulation in the subdivision, and
 8    also once in a newspaper published in the county wherein  the
 9    political  subdivisions,  or  portions  thereof,  having such
10    primary are situated.
11    (Source: P.A. 84-808.)

12        (10 ILCS 5/7-16) (from Ch. 46, par. 7-16)
13        Sec. 7-16. Each election authority in each  county  shall
14    prepare  and  cause  to be printed the primary ballot of each
15    political  party  for  each  precinct   in   his   respective
16    jurisdiction.
17        The  election  authority shall, at least 45 days prior to
18    the date of the primary election, have a sufficient number of
19    ballots printed so that such ballots will  be  available  for
20    mailing  45 days prior to the primary election to persons who
21    have filed application for a ballot under the  provisions  of
22    Article 20 of this Act.
23        If   a   general  primary  election  is  subject  to  the
24    provisions of Article 19A, the election authority shall,  not
25    more  than  40  nor  less  than 5 days before the date of the
26    election, mail a ballot to each registered voter.
27    (Source: P.A. 80-1469.)

28        (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
29        Sec. 13-1.  In counties not under township  organization,
30    the county board of commissioners shall at its meeting in May
31    in  each even-numbered year appoint in each election precinct
32    5 capable and discreet persons meeting the qualifications  of
 
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 1    Section  13-4  to be judges of election. Where neither voting
 2    machines  nor  electronic,  mechanical  or  electric   voting
 3    systems are used, the county board may, for any precinct with
 4    respect to which the board considers such action necessary or
 5    desirable  in  view  of  the  number of voters, and shall for
 6    general elections for any precinct containing more  than  600
 7    registered  voters,  appoint  in  addition to the 5 judges of
 8    election a team of 5 tally  judges.  In  such  precincts  the
 9    judges of election shall preside over the election during the
10    hours  the  polls  are  open,  and the tally judges, with the
11    assistance of the  holdover  judges  designated  pursuant  to
12    Section 13-6.2, shall count the vote after the closing of the
13    polls. However, the County Board of Commissioners may appoint
14    3  judges  of  election  to  serve in lieu of the 5 judges of
15    election otherwise required by this Section to serve  in  any
16    emergency  referendum, or in any odd-year regular election or
17    in any special primary or special  election  called  for  the
18    purpose  of filling a vacancy in the office of representative
19    in the United States Congress or to nominate  candidates  for
20    such  purpose.  If  a  general  primary election is conducted
21    under Article 19A, the County Board  of  Commissioners  shall
22    appoint  a  team  of 5 tally judges to serve in lieu of the 5
23    judges of election otherwise required by this Section.    The
24    tally  judges shall possess the same qualifications and shall
25    be appointed in the same manner and with  the  same  division
26    between  political  parties  as  is  provided  for  judges of
27    election.
28        In addition to such precinct judges, the county board  of
29    commissioners  shall appoint special panels of 3 judges each,
30    who shall  possess  the  same  qualifications  and  shall  be
31    appointed  in  the  same  manner  and  with the same division
32    between political parties as is provided for other judges  of
33    election.  The number of such panels of judges required shall
34    be determined by regulations of the State Board of  Elections
 
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 1    which  shall  base  the required numbers of special panels on
 2    the number of registered voters in the  jurisdiction  or  the
 3    number  of absentee ballots voted at recent elections, or any
 4    combination of such factors.
 5        Such appointment shall  be  confirmed  by  the  court  as
 6    provided  in  Section  13-3  of  this Article. No more than 3
 7    persons of the same political party shall be appointed judges
 8    of the same election precinct or election  judge  panel.  The
 9    appointment shall be made in the following manner: The county
10    board  of commissioners shall select and approve 3 persons as
11    judges of election in each election precinct from a certified
12    list,  furnished  by  the  chairman  of  the  County  Central
13    Committee of  the  first  leading  political  party  in  such
14    precinct;  and  the  county board of commissioners shall also
15    select and approve 2 persons as judges of  election  in  each
16    election  precinct  from  a  certified list, furnished by the
17    chairman of  the  County  Central  Committee  of  the  second
18    leading  political  party.  However,  if  only  3  judges  of
19    election  serve  in  each  election  precinct, no more than 2
20    persons of the  same  political  party  shall  be  judges  of
21    election  in  the same election precinct; and which political
22    party is entitled to 2 judges of election and which political
23    party  is  entitled  to  one  judge  of  election  shall   be
24    determined  in  the  same manner as set forth in the next two
25    preceding sentences with regard to 5 election judges in  each
26    precinct.  Such certified list shall be filed with the county
27    clerk  not less than 10 days before the annual meeting of the
28    county board of commissioners. Such list  shall  be  arranged
29    according  to  precincts. The chairman of each county central
30    committee shall, insofar as possible, list persons who reside
31    within the precinct in which they are  to  serve  as  judges.
32    However,  he may, in his sole discretion, submit the names of
33    persons who reside outside the precinct but within the county
34    embracing the precinct in which they are to serve.  He  must,
 
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 1    however,  submit  the  names  of  at least 2 residents of the
 2    precinct for each precinct in which his party is  to  have  3
 3    judges  and  must submit the name of at least one resident of
 4    the precinct for each precinct in which his party is to  have
 5    2 judges. The county board of commissioners shall acknowledge
 6    in  writing  to each county chairman the names of all persons
 7    submitted on such certified list  and  the  total  number  of
 8    persons listed thereon. If no such list is filed or such list
 9    is incomplete (that is, no names or an insufficient number of
10    names  are  furnished  for  certain  election precincts), the
11    county board of commissioners shall  make  or  complete  such
12    list  from  the  names  contained  in  the  supplemental list
13    provided for in Section 13-1.1.  The  election  judges  shall
14    hold  their  office  for  2 years from their appointment, and
15    until their successors  are  duly  appointed  in  the  manner
16    provided in this Act. The county board of commissioners shall
17    fill  all vacancies in the office of judge of election at any
18    time in the manner provided in this Act.
19    (Source: P.A. 91-352, eff. 1-1-00.)

20        (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
21        Sec. 13-2.  In counties under the  township  organization
22    the  county  board  shall  at  its  meeting  in  May  in each
23    even-numbered year except in counties containing a population
24    of 3,000,000 inhabitants or over and except when such  judges
25    are  appointed  by  election  commissioners,  select  in each
26    election precinct in  the  county,  5  capable  and  discreet
27    persons  to  be  judges  of  election  who  shall possess the
28    qualifications required by this Act for  such  judges.  Where
29    neither   voting   machines  nor  electronic,  mechanical  or
30    electric voting systems are used, the county board  may,  for
31    any  precinct  with respect to which the board considers such
32    action necessary or  desirable  in  view  of  the  number  of
33    voters,  and  shall  for  general  elections for any precinct
 
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 1    containing  more  than  600  registered  voters,  appoint  in
 2    addition to the 5 judges  of  election  a  team  of  5  tally
 3    judges.  In  such  precincts  the  judges  of  election shall
 4    preside over the election during  the  hours  the  polls  are
 5    open,  and  the  tally  judges,  with  the  assistance of the
 6    holdover judges designated pursuant to Section 13-6.2,  shall
 7    count  the  vote  after  the  closing of the polls. The tally
 8    judges shall possess the same  qualifications  and  shall  be
 9    appointed  in  the  same  manner  and  with the same division
10    between political  parties  as  is  provided  for  judges  of
11    election.
12        However,  the  county  board  may  appoint  3  judges  of
13    election  to  serve  in  lieu  of  the  5  judges of election
14    otherwise required by this Section to serve in any  emergency
15    referendum,  or  in  any  odd-year regular election or in any
16    special primary or special election called for the purpose of
17    filling a vacancy in the  office  of  representative  in  the
18    United  States  Congress  or  to nominate candidates for such
19    purpose.
20        If a general primary election is conducted under  Article
21    19A,  the county board shall appoint a team of 5 tally judges
22    to serve in lieu  of  the  5  judges  of  election  otherwise
23    required by this Section.
24        In  addition  to  such  precinct judges, the county board
25    shall appoint special panels of  3  judges  each,  who  shall
26    possess the same qualifications and shall be appointed in the
27    same  manner  and  with  the  same division between political
28    parties as is provided for  other  judges  of  election.  The
29    number  of such panels of judges required shall be determined
30    by regulations of the State Board of Elections,  which  shall
31    base  the  required number of special panels on the number of
32    registered voters  in  the  jurisdiction  or  the  number  of
33    absentee ballots voted at recent elections or any combination
34    of such factors.
 
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 1        No  more than 3 persons of the same political party shall
 2    be  appointed  judges  in  the  same  election  district   or
 3    undivided precinct. The election of the judges of election in
 4    the various election precincts shall be made in the following
 5    manner:  The  county  board shall select and approve 3 of the
 6    election judges  in  each  precinct  from  a  certified  list
 7    furnished  by the chairman of the County Central Committee of
 8    the first leading political party in such  election  precinct
 9    and  shall  also  select  and approve 2 judges of election in
10    each election precinct from a certified list furnished by the
11    chairman of  the  County  Central  Committee  of  the  second
12    leading  political  party in such election precinct. However,
13    if only 3 judges of election serve in each election precinct,
14    no more than 2 persons of the same political party  shall  be
15    judges  of  election in the same election precinct; and which
16    political party is entitled to 2 judges of election and which
17    political party is entitled to one judge of election shall be
18    determined in the same manner as set forth in  the  next  two
19    preceding  sentences with regard to 5 election judges in each
20    precinct.  The respective County Central  Committee  chairman
21    shall  notify the county board by June 1 of each odd-numbered
22    year immediately preceding the annual meeting of  the  county
23    board  whether  or  not  such certified list will be filed by
24    such chairman. Such  list  shall  be  arranged  according  to
25    precincts.  The  chairman  of  each  county central committee
26    shall, insofar as possible, list persons  who  reside  within
27    the  precinct  in which they are to serve as judges. However,
28    he may, in his sole discretion, submit the names  of  persons
29    who  reside  outside  the  precinct  but  within  the  county
30    embracing  the  precinct in which they are to serve. He must,
31    however, submit the names of at  least  2  residents  of  the
32    precinct  for  each  precinct in which his party is to have 3
33    judges and must submit the name of at least one  resident  of
34    the  precinct for each precinct in which his party is to have
 
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 1    2 judges. Such certified list, if filed, shall be filed  with
 2    the  county  clerk  not  less  than 20 days before the annual
 3    meeting  of  the  county  board.  The  county   board   shall
 4    acknowledge  in  writing to each county chairman the names of
 5    all persons submitted on such certified list  and  the  total
 6    number of persons listed thereon. If no such list is filed or
 7    the  list is incomplete (that is, no names or an insufficient
 8    number  of  names  are   furnished   for   certain   election
 9    precincts), the county board shall make or complete such list
10    from  the  names  contained in the supplemental list provided
11    for in Section 13-1.1. Provided, further, that  in  any  case
12    where  a township has been or shall be redistricted, in whole
13    or in part, subsequent to one general election for  Governor,
14    and  prior to the next, the judges of election to be selected
15    for all new or altered precincts shall be  selected  in  that
16    one  of the methods above detailed, which shall be applicable
17    according to the facts and circumstances  of  the  particular
18    case,  but the majority of such judges for each such precinct
19    shall be selected from the first leading political party, and
20    the minority judges from the second leading political  party.
21    Provided,  further,  that  in counties having a population of
22    1,000,000 inhabitants or over  the  selection  of  judges  of
23    election  shall be made in the same manner in all respects as
24    in other counties, except that  the  provisions  relating  to
25    tally  judges  are  inapplicable  to such counties and except
26    that the county board shall meet during the month of  January
27    for  the purpose of making such selection and the chairman of
28    each county central committee shall notify the  county  board
29    by  the preceding October 1 whether or not the certified list
30    will be filed. Such  judges  of  election  shall  hold  their
31    office  for  2  years  from their appointment and until their
32    successors are duly appointed in the manner provided in  this
33    Act.  The county board shall fill all vacancies in the office
34    of judges of elections at  any  time  in  the  manner  herein
 
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 1    provided.
 2        Such  selections under this Section shall be confirmed by
 3    the circuit  court  as  provided  in  Section  13-3  of  this
 4    Article.
 5    (Source: P.A. 91-352, eff. 1-1-00.)

 6        (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
 7        Sec.  14-1.  (a)  The  board  of  election  commissioners
 8    established  or  existing  under Article 6 shall, at the time
 9    and in the manner provided  in  Section  14-3.1,  select  and
10    choose  5  persons,  men  or women, as judges of election for
11    each precinct in such city, village or incorporated town.
12        Where neither voting machines nor electronic,  mechanical
13    or  electric  voting  systems are used, the board of election
14    commissioners may, for any precinct with respect to which the
15    board considers such action necessary or desirable in view of
16    the number of voters, and shall for general elections for any
17    precinct containing more than 600 registered voters,  appoint
18    in  addition  to  the  5 judges of election a team of 5 tally
19    judges. In  such  precincts  the  judges  of  election  shall
20    preside  over  the  election  during  the hours the polls are
21    open, and the  tally  judges,  with  the  assistance  of  the
22    holdover  judges designated pursuant to Section 14-5.2, shall
23    count the vote after the closing  of  the  polls.  The  tally
24    judges  shall  possess  the  same qualifications and shall be
25    appointed in the same  manner  and  with  the  same  division
26    between  political  parties  as  is  provided  for  judges of
27    election.  The   foregoing   provisions   relating   to   the
28    appointment of tally judges are inapplicable in counties with
29    a population of 1,000,000 or more.
30        If  a general primary election is conducted under Article
31    19A, the board of election commissioners shall appoint a team
32    of 5 tally judges to  serve  in  lieu  of  the  5  judges  of
33    election otherwise required by this Section.
 
                            -14-     LRB093 02620 JAM 02630 b
 1        (b)  To qualify as judges the persons must:
 2             (1)  be citizens of the United States;
 3             (2)  be of good repute and character;
 4             (3)  be  able  to  speak, read and write the English
 5        language;
 6             (4)  be  skilled  in  the  4  fundamental  rules  of
 7        arithmetic;
 8             (5)  be of good understanding and capable;
 9             (6)  not  be  candidates  for  any  office  at   the
10        election and not be elected committeemen;
11             (7)  reside  and be entitled to vote in the precinct
12        in which they are selected to serve, except that in  each
13        precinct  not  more  than  one judge of each party may be
14        appointed from  outside  such  precinct.   Any  judge  so
15        appointed  to  serve  in  any precinct in which he is not
16        entitled to vote  must  be  entitled  to  vote  elsewhere
17        within the county which encompasses the precinct in which
18        such  judge  is  appointed  and such judge must otherwise
19        meet the qualifications of this Section.
20        (c)  An election authority may  establish  a  program  to
21    permit  a  person who is not entitled to vote to be appointed
22    as an election judge if, as of the date of  the  election  at
23    which the person serves as a judge, he or she:
24             (1)  is a U.S. citizen;
25             (2)  is  a  senior  in  good  standing enrolled in a
26        public or private secondary school;
27             (3)  has a cumulative grade point average equivalent
28        to at least 3.0 on a 4.0 scale;
29             (4)  has the written approval of  the  principal  of
30        the  secondary  school  he  or she attends at the time of
31        appointment;
32             (5)  has the written approval of his or  her  parent
33        or legal guardian;
34             (6)  has   satisfactorily   completed  the  training
 
                            -15-     LRB093 02620 JAM 02630 b
 1        course for  judges  of  election  described  in  Sections
 2        13-2.1, 13-2.2, and 14-4.1; and
 3             (7)  meets  all other qualifications for appointment
 4        and service as an election judge.
 5        No more than one election  judge  qualifying  under  this
 6    subsection  may serve per political party per precinct. Prior
 7    to appointment, a judge qualifying under this subsection must
 8    certify in writing to the election  authority  the  political
 9    party the judge chooses to affiliate with.
10        Students   appointed   as   election  judges  under  this
11    subsection shall not be counted as absent from school on  the
12    day they serve as judges.
13        (d)  The  board  of  election  commissioners may select 2
14    additional judges of election, one from  each  of  the  major
15    political  parties,  for  each 200 voters in excess of 600 in
16    any precinct having more than 600  voters  as  authorized  by
17    Section   11--3.   These  additional  judges  must  meet  the
18    qualifications prescribed in this Section.
19    (Source: P.A. 91-352, eff. 1-1-00.)

20        (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
21        Sec. 14-3.1. The board of election  commissioners  shall,
22    during  the  month  of May of each even-numbered year, select
23    for each election precinct within  the  jurisdiction  of  the
24    board  5  persons  to be judges of election who shall possess
25    the qualifications required by this Act for such judges.  The
26    selection  shall  be  made  by  a  county  board  of election
27    commissioners in the following manner:  the county  board  of
28    election  commissioners shall select and approve 3 persons as
29    judges of election in each election precinct from a certified
30    list  furnished  by  the  chairman  of  the  county   central
31    committee  of  the  first  leading  political  party  in that
32    precinct; the county board  of  election  commissioners  also
33    shall  select  and approve 2 persons as judges of election in
 
                            -16-     LRB093 02620 JAM 02630 b
 1    each election precinct from a certified list furnished by the
 2    chairman of  the  county  central  committee  of  the  second
 3    leading political party in that precinct.  The selection by a
 4    municipal  board  of  election commissioners shall be made in
 5    the following manner: for each precinct, 3  judges  shall  be
 6    selected  from one of the 2 leading political parties and the
 7    other 2 judges shall  be  selected  from  the  other  leading
 8    political  party;   the  parties  entitled to 3 and 2 judges,
 9    respectively, in the several precincts shall be determined as
10    provided in Section  14-4.   However,  a  Board  of  Election
11    Commissioners  may  appoint three judges of election to serve
12    in lieu of the 5 judges of  election  otherwise  required  by
13    this  Section to serve in any emergency referendum, or in any
14    odd-year regular  election  or  in  any  special  primary  or
15    special  election called for the purpose of filling a vacancy
16    in the office of representative in the United States Congress
17    or to nominate candidates for such purpose.
18        If a general primary election is conducted under  Article
19    19A,  a  Board of Election Commissioners shall appoint a team
20    of 5 tally judges to  serve  in  lieu  of  the  5  judges  of
21    election otherwise required by this Section.
22        If  only  3  judges  of  election  serve in each election
23    precinct, no more than 2 persons of the same political  party
24    shall  be  judges  of election in the same election precinct,
25    and which political party is entitled to 2 judges of election
26    and which  political  party  is  entitled  to  one  judge  of
27    election shall be determined as set forth in this Section for
28    a  county  board  of  election  commissioners' selection of 5
29    election judges in each precinct or in  Section  14-4  for  a
30    municipal  board  of  election  commissioners'  selection  of
31    election  judges  in each precinct, whichever is appropriate.
32    In addition to such precinct judges, the  board  of  election
33    commissioners  shall appoint special panels of 3 judges each,
34    who shall  possess  the  same  qualifications  and  shall  be
 
                            -17-     LRB093 02620 JAM 02630 b
 1    appointed  in  the  same  manner  and  with the same division
 2    between political parties as is provided for other judges  of
 3    election.  The number of such panels of judges required shall
 4    be determined by regulation of the State Board of  Elections,
 5    which shall base the required number of special panels on the
 6    number of registered voters in the jurisdiction or the number
 7    of   absentee  ballots  voted  at  recent  elections  or  any
 8    combination of such factors.  A municipal board  of  election
 9    commissioners  shall make the selections of persons qualified
10    under Section 14-1 from  certified  lists  furnished  by  the
11    chairman of the respective county central committees of the 2
12    leading  political  parties.   Lists furnished by chairmen of
13    county  central  committees  under  this  Section  shall   be
14    arranged  according to precincts. The chairman of each county
15    central committee shall, insofar as  possible,  list  persons
16    who  reside within the precinct in which they are to serve as
17    judges. However, he may, in his sole discretion,  submit  the
18    names  of  persons who reside outside the precinct but within
19    the county embracing the precinct in which they are to serve.
20    He must, however, submit the names of at least 2 residents of
21    the precinct for each precinct in which his party is to  have
22    3 judges and must submit the name of at least one resident of
23    the  precinct for each precinct in which his party is to have
24    2 judges. The board of election commissioners shall no  later
25    than  March  1 of each even-numbered year notify the chairmen
26    of  the  respective  county  central  committees   of   their
27    responsibility  to furnish such lists, and each such chairman
28    shall furnish the board of election  commissioners  with  the
29    list  for  his party on or before May 1 of each even-numbered
30    year. The board of election commissioners  shall  acknowledge
31    in  writing  to each county chairman the names of all persons
32    submitted on such certified list  and  the  total  number  of
33    persons listed thereon. If no such list is furnished or if no
34    names  or  an  insufficient number of names are furnished for
 
                            -18-     LRB093 02620 JAM 02630 b
 1    certain precincts, the board of election commissioners  shall
 2    make  or  complete  such list from the names contained in the
 3    supplemental list provided for in Section 14-3.2.  Judges  of
 4    election  shall  hold  their  office  for  2 years from their
 5    appointment and until their successors are duly appointed  in
 6    the   manner   herein   provided.   The   board  of  election
 7    commissioners shall, subject to  the  provisions  of  Section
 8    14-3.2,  fill  all  vacancies  in  the  office  of  judges of
 9    election at any time in the manner herein provided.
10        Such selections under this Section shall be confirmed  by
11    the court as provided in Section 14-5.
12    (Source: P.A. 89-471, eff. 6-13-96.)

13        (10 ILCS 5/Art.19A heading new)
14        Article  19A.  MAIL-IN  BALLOTS  FOR  THE GENERAL PRIMARY
15    ELECTION

16        (10 ILCS 5/19A-5 new)
17        Sec. 19A-5.  Pilot program; voting in the general primary
18    election.  In the year 2006, the  State  Board  of  Elections
19    shall  select  one  county  with  a  population  of less than
20    3,000,000 for a pilot program using  mail-in  ballots.    Any
21    qualified  elector  of  that  county  may vote at the general
22    primary election for offices  listed  in  subsection  (b)  of
23    Section  2A-1.2  through  ballots  mailed  to  the  voter and
24    returned to the proper election authority by mail.
25        Each election authority in the  county  participating  in
26    the  program  shall compile and keep current a list of voters
27    who are eligible to vote under this Article. The  list  shall
28    include the last mailing address of each voter.

29        (10 ILCS 5/19A-10 new)
30        Sec.  19A-10.  Time  for  mailing  ballots.  The election
31    authority, not more than 40 nor less than 5 days  before  the
 
                            -19-     LRB093 02620 JAM 02630 b
 1    general  primary  election held in March of 2006, shall mail,
 2    postage prepaid, an official ballot, or ballots if more  than
 3    one are to be voted at the election, to each registered voter
 4    eligible  to  vote under this Article.  The ballot or ballots
 5    shall be mailed to each  voter's  last  mailing  address  and
 6    shall   be  marked  "DO  NOT  FORWARD  -  ADDRESS  CORRECTION
 7    REQUESTED"  or  any  other  similar  statement  that  is   in
 8    accordance with United States postal service regulations.
 9        The  election  authority  shall  maintain a list for each
10    election of the voters to whom ballots have been issued.  The
11    list  shall  be  maintained  for  each  precinct  within  the
12    jurisdiction of the election authority.

13        (10 ILCS 5/19A-15 new)
14        Sec. 19A-15.  Enclosure of ballots in unsealed  envelope;
15    certification;   instructions   for   marking  and  returning
16    ballots.  The election authority shall  fold  the  ballot  or
17    ballots  in  the  manner specified by the statute for folding
18    ballots prior to their deposit in the ballot box,  and  shall
19    enclose  the  ballot or ballots in an unsealed envelope to be
20    furnished by the election authority.  The envelope shall bear
21    on its face the name, official title, and post office address
22    of the election authority.
23        The printed certificate  on  the  envelope  shall  be  in
24    substantially the following form:
25        "I  state that I am a resident of the .......... precinct
26    of the (1)* township of .......... (2)*  city  of  ..........
27    (3)*  ..........  ward  in the city of .......... residing at
28    .......... in the city or town in the  county  of  ..........
29    and  State  of Illinois, that I have lived at the address for
30    ... months last past; and that I am lawfully entitled to vote
31    in the precinct at the election to be held on .......
32    * fill in either (1), (2), or (3).
33        I further state that I  personally  marked  the  enclosed
 
                            -20-     LRB093 02620 JAM 02630 b
 1    ballot  in  secret.   If  I received assistance in casting my
 2    ballot, I further attest that, due to physical incapacity,  I
 3    marked the enclosed ballot in secret with the assistance of
 4                             .................................
 5                             (Individual rendering assistance)
 6                             .................................
 7                             (Residence address)
 8        Under  penalties of perjury provided by law under Section
 9    29-10 of the Election Code, the  undersigned  certifies  that
10    the  statements  set forth in this certification are true and
11    correct.
12                                    ........................."
13        In addition, the election authority shall provide printed
14    slips  giving  full  instructions  regarding  the  manner  of
15    marking and returning the ballot in order that the  same  may
16    be  counted,  and  shall  furnish one of the printed slips to
17    each voter at the same time  the  ballot  is  mailed  to  the
18    voter.   The   instructions   shall   include  the  following
19    statement:  "In  signing  the  certification  on  the  ballot
20    envelope, you are attesting that you personally  marked  this
21    ballot  in  secret.  If you are physically unable to mark the
22    ballot, a friend or relative may assist you after  completing
23    the enclosed affidavit.  Federal and State laws prohibit your
24    employer,  your  employer's  agent, or an officer or agent of
25    your union from assisting physically disabled voters."
26        In addition, if a ballot to be provided to a voter  under
27    this   Section   contains  a  public  question  described  in
28    subsection (b) of Section 28-6 and the  territory  concerning
29    the  question  to be submitted is not described on the ballot
30    due to that space limitations of  the  ballot,  the  election
31    authority  shall  provide a printed copy of the notice of the
32    public question, which shall included a  description  of  the
33    territory in the manner required by Section 16-7.  The notice
34    shall  be  furnished  to  the voter at the time the ballot is
 
                            -21-     LRB093 02620 JAM 02630 b
 1    mailed to the voter.

 2        (10 ILCS 5/19A-20 new)
 3        Sec. 19A-20.  Certification of voters; return of ballots.
 4    The voter shall  make  and  subscribe  to  the  certification
 5    provided  for  on the return envelope for the ballot, and the
 6    ballot or ballots shall be folded by the voter in the  manner
 7    required  to  be  folded  before depositing the ballot in the
 8    ballot box, and shall be deposited in the  envelope  and  the
 9    envelope securely sealed. The voter shall then endorse his or
10    her certificate on the back of the envelope, and the envelope
11    shall  be  mailed  by  the  voter,  postage  prepaid,  to the
12    election authority issuing the ballot, or if more convenient,
13    it may be delivered in person, by either the voter  or  by  a
14    spouse, parent, child, brother, or sister of the voter, or by
15    a  company licensed by the Illinois Commerce Commission under
16    the Illinois Commercial Transportation Law that is engaged in
17    the business of making deliveries.  If a voter gives  his  or
18    her  ballot  and  ballot envelope to a spouse, parent, child,
19    brother, or sister of the voter, or  to  a  company  that  is
20    engaged  in the business of making deliveries for delivery to
21    the election authority, the voter shall give an authorization
22    form to the person making the delivery. The person making the
23    delivery shall present  the  authorization  to  the  election
24    authority.   The  authorization shall be in substantially the
25    following form:
26        "I        ..............        (voter)         authorize
27    ...................... to take my ballot to the office of the
28    election authority.
29    ........................          ...........................
30            Date                               Signature of voter
31    ........................          ...........................
32            Town                                          Address
33    ........................          ...........................
 
                            -22-     LRB093 02620 JAM 02630 b
 1            Date                          Signature of authorized
 2                                             Individual
 3    ........................          ...........................
 4            Town                           Relationship (if any)"

 5        (10 ILCS 5/19A-25 new)
 6        Sec.  19A-25.  Receipt  of  ballots.  Upon receipt of the
 7    voter's ballot, the  election  authority  shall  enclose  the
 8    unopened  ballot in a large or carrier envelope that shall be
 9    securely sealed and endorsed with the name and official title
10    of the officer and  the  words,  "This  envelope  contains  a
11    ballot and must be opened on election day", together with the
12    number and description of the precinct in which the ballot is
13    to  be  voted, and the officer shall safely keep the envelope
14    in his or her office until counted  as  provided  in  Section
15    19A-30.

16        (10 ILCS 5/19A-30 new)
17        Sec.  19A-30.  Counting of ballots.  The ballots received
18    by the election authority before 7:00 p.m. of the day of  the
19    general  primary  election  shall be counted at the office of
20    the election authority by the tally judges,  appointed  under
21    this  Code  for that purpose.  The counting shall commence no
22    later than 8:00 p.m. The counting shall  continue  until  all
23    ballots received have been counted.
24        The  procedures  set  forth in Section 19A-35 of this Act
25    and Articles 17 and 18  of  this  Code  shall  apply  to  all
26    ballots counted under this provision, including comparing the
27    signature  on  the  ballot envelope with the signature of the
28    voter on the permanent voter registration record  card  taken
29    from  the  master  file;  except  the votes shall be recorded
30    without regard to precinct designation, except  for  precinct
31    offices.
 
                            -23-     LRB093 02620 JAM 02630 b
 1        (10 ILCS 5/19A-35 new)
 2        Sec.  19A-35.  Casting ballots; comparison of signatures;
 3    rejection of  ballots.   The  tally  judges  shall  cast  the
 4    voter's ballots separately, and as each ballot is taken shall
 5    open  the  outer  or  carrier  envelope, announce the voter's
 6    name, and  compare  the  signature  on  the  permanent  voter
 7    registration  record card taken from the master file with the
 8    signature upon the certification on the ballot envelope.   In
 9    case  the  judges  find  the certification properly executed,
10    that the signatures correspond, and that the applicant  is  a
11    duly   qualified   elector,  they  shall  open  the  envelope
12    containing the ballot in such a manner as not  to  deface  or
13    destroy  the  certification,  or  mark  or  tear  the ballots
14    therein contained without unfolding or permitting the  ballot
15    to be unfolded or examined, and having endorsed the ballot in
16    like  manner  as  other  ballots are required to be endorsed,
17    shall deposit the same in the proper ballot box or boxes  and
18    enter  the  voter's  name in the poll book the same as if the
19    voter had been present and voted in person.  The judges shall
20    place  the  ballot  certification  envelopes  in  a  separate
21    envelope as per the direction of the election authority.  The
22    envelope containing the ballot certification envelopes  shall
23    be  retained  by the election authority and preserved in like
24    manner as the official poll record.
25        In case the signatures do not  correspond,  or  that  the
26    voter  is  not  a  duly qualified elector, or that the ballot
27    envelope is open or has been  opened  and  resealed,  without
28    opening  the envelope the judge of election shall mark across
29    the face thereof, "Rejected", giving the reason therefor.
30        In case the ballot envelope contains more than one ballot
31    of any kind, the ballots shall not be counted, but  shall  be
32    marked "Rejected", giving the reason therefor.
33        The  voter's  envelope, and the voter's envelope with its
34    contents  unopened  when  the  vote  is  rejected,  shall  be
 
                            -24-     LRB093 02620 JAM 02630 b
 1    retained and preserved in the manner  now  provided  for  the
 2    retention  and  preservation  of official ballots rejected at
 3    the election.

 4        (10 ILCS 5/19A-40 new)
 5        Sec.    19A-40.  Pollwatchers.     On    election    day,
 6    pollwatchers shall be permitted  to  be  present  during  the
 7    casting of the mail ballots, and the vote of any voter may be
 8    challenged  for  cause  the same as if he or she were present
 9    and voted in person, and the tally judges or  a  majority  of
10    them shall have power and authority to hear and determine the
11    legality   of  the  ballot;  provided,  however,  that  if  a
12    challenge to any voter's right to vote is  sustained,  notice
13    of  the  same  must  be  given  by  the  tally judges by mail
14    addressed to the voter's place of residence.
15        Where ballots are counted on the day of the  election  in
16    the  office  of the election authority as provided in Section
17    19A-30 of this Article, each political party, candidate,  and
18    qualified  civic  organization  shall  be  entitled  to  have
19    present  one  pollwatcher  for  each panel of election judges
20    therein assigned.  The pollwatchers shall be subject  to  the
21    same provisions as are proscribed for pollwatchers in Section
22    7-34  and  17-23  of  this  Code,  and  shall be permitted to
23    observe the signature comparison between that which is on the
24    ballot envelope and that which  is  on  the  permanent  voter
25    registration record card taken from the master file.

26        (10 ILCS 5/19A-45 new)
27        Sec.  19A-45.  Death  of  an elector before election day.
28    Whenever it shall be made to appear by due proof to the tally
29    judges that any elector who has marked and forwarded  his  or
30    her  ballot  as  provided in this Article has died before the
31    date of the election, then the ballot of the  deceased  voter
32    shall  be  retained by the tally judges in the same manner as
 
                            -25-     LRB093 02620 JAM 02630 b
 1    provided for rejected ballots; but the casting of the  ballot
 2    of a deceased voter shall not invalidate the election.

 3        (10 ILCS 5/19A-50 new)
 4        Sec.  19A-50.  Application  to  jurisdiction using voting
 5    machines.  In all jurisdictions in which voting machines  are
 6    used,  all  the  provisions  of  the  Article relating to the
 7    furnishing of ballot boxes, printing, and furnishing official
 8    ballots and supplies in  the  number  provided  by  law,  the
 9    canvassing of the ballots and making the proper return of the
10    result of the election shall, to the extent necessary to make
11    this Article effective, apply with full force and effect.

12        (10 ILCS 5/19A-55 new)
13        Sec.  19A-55.  Adoption of rules for mail-in ballots. The
14    State Board of Elections shall conduct  public  hearings  and
15    adopt  rules and procedures for the implementation of the use
16    of mail-in ballots within 270 days after the  effective  date
17    of this amendatory Act of the 93rd General Assembly.
18        (b)  In  addition  to any other duties prescribed by law,
19    the State Board of Elections shall:
20             (1)  prescribe the form of materials to be  used  in
21        the conduct of mail-in ballot elections;
22             (2)  establish   procedures   consistent  with  this
23        Article for the conduct of mail-in ballot elections; and
24             (3)  supervise  the  conduct   of   mail-in   ballot
25        elections.

26        (10 ILCS 5/19A-60 new)
27        Sec.  19A-60.  Report. After the general primary election
28    in 2006, the State Board of  Elections  must  report  to  the
29    General  Assembly on the problems and successes of conducting
30    the election with mail-in ballots.
 
                            -26-     LRB093 02620 JAM 02630 b
 1        (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
 2        Sec. 24A-6. The ballot information, whether placed on the
 3    ballot  or  on  the  marking  device,  shall,   as   far   as
 4    practicable,  be  in  the  order  of arrangement provided for
 5    paper  ballots,  except  that  such  information  may  be  in
 6    vertical or horizontal rows,  or  in  a  number  of  separate
 7    pages.  Ballots for all questions or propositions to be voted
 8    on must be provided in the same manner and must  be  arranged
 9    on  or  in  the  marking device or on the ballot sheet in the
10    places provided for such purposes.
11        When an electronic voting system utilizes a ballot  label
12    booklet  and  ballot  card,  ballots  for candidates, ballots
13    calling  for  a  constitutional  convention,   constitutional
14    amendment   ballots,    judicial  retention  ballots,  public
15    measures, and all propositions to be voted upon may be placed
16    on the electronic voting device by providing  in  the  ballot
17    booklet  separate  ballot  label  pages  or  series  of pages
18    distinguished by differing colors as provided below.  When an
19    electronic voting system utilizes  a  ballot  sheet,  ballots
20    calling   for  a  constitutional  convention,  constitutional
21    amendment ballots and judicial  retention  ballots  shall  be
22    placed on the ballot sheet by providing a separate portion of
23    the  ballot sheet for each such kind of ballot which shall be
24    printed in ink of a color distinct from the color of ink used
25    in printing any other portion of the ballot  sheet.   Ballots
26    for candidates, public measures and all other propositions to
27    be  voted  upon  shall  be  placed  on  the  ballot  sheet by
28    providing a separate portion of the  ballot  sheet  for  each
29    such  kind  of  ballot.  Below the name of the last candidate
30    listed for an office shall be printed a  line  on  which  the
31    name  of  a  candidate  may  be  written  by  the  voter, and
32    immediately to the  left  of  such  line  an  area  shall  be
33    provided  for  marking  a  vote  for such write-in candidate.
34    More than one amendment to the constitution may be placed  on
 
                            -27-     LRB093 02620 JAM 02630 b
 1    the  same  ballot  page  or  series  of  pages or on the same
 2    portion of the ballot sheet, as  the  case  may  be.   Ballot
 3    label  pages for constitutional conventions or constitutional
 4    amendments shall be on paper of blue color and shall  precede
 5    all  other  ballot  label  pages in the ballot label booklet.
 6    More than one public measure or proposition may be placed  on
 7    the  same ballot label page or series of pages or on the same
 8    portion of the ballot sheet, as the case may be.   More  than
 9    one  proposition  for  retention  of  judges in office may be
10    placed on the same ballot label page or series of pages or on
11    the same portion of the ballot sheet, as  the  case  may  be.
12    Ballot  label pages for candidates shall be on paper of white
13    color, except that in primary elections the ballot label page
14    or pages for the  candidates  of  each  respective  political
15    party  shall  be  of  the  color  designated  by the election
16    official in charge of the election for that political party's
17    candidates; provided that the ballot label pages or pages for
18    candidates  for  use  at  the  nonpartisan  and  consolidated
19    elections may be on paper of different colors,  except  blue,
20    whenever  necessary or desirable to facilitate distinguishing
21    between the pages for different political subdivisions.    On
22    each  page  of  the  candidate booklet, where the election is
23    made  to  list  ballot  information  vertically,  the   party
24    affiliation of each candidate or the word "independent" shall
25    appear  immediately  to the left of the candidate's name, and
26    the name of candidates for the same office  shall  be  listed
27    vertically  under  the  title  of that office. In the case of
28    nonpartisan elections for officers of political subdivisions,
29    unless the  statute  or  an  ordinance  adopted  pursuant  to
30    Article  VII  of  the  Constitution  requires  otherwise, the
31    listing of such nonpartisan candidates shall not include  any
32    party  or  "independent"  designation. Ballot label pages for
33    judicial retention ballots shall be on paper of green  color,
34    and  ballot  label  pages  for  all public measures and other
 
                            -28-     LRB093 02620 JAM 02630 b
 1    propositions shall be on paper of  some  other  distinct  and
 2    different  color.  In  primary  elections,  a separate ballot
 3    label booklet, marking device and voting booth shall be  used
 4    for  each  political party holding a primary, with the ballot
 5    label booklet arranged to include ballot label pages  of  the
 6    candidates  of  the  party  and  public  measures  and  other
 7    propositions  to  be  voted  upon  on  the day of the primary
 8    election.  One ballot card may  be  used  for  recording  the
 9    voter's vote or choice on all such ballots, proposals, public
10    measures  or  propositions,  and  such  ballot  card shall be
11    arranged so as to record the voter's  vote  or  choice  in  a
12    separate  column  or  columns  for  each such kind of ballot,
13    proposal, public measure or proposition.
14        If the ballot label booklet includes both candidates  for
15    office  and  public  measures or propositions to be voted on,
16    the election official in charge of the election shall  divide
17    the  pages by protruding tabs identifying the division of the
18    pages,  and  printing   on   such   tabs   "Candidates"   and
19    "Propositions".
20        The  ballot  card  and  all of its columns and the ballot
21    card  envelope  shall  be  of  the   color   prescribed   for
22    candidate's  ballots  at  the  general  or  primary election,
23    whichever is being held.  At an election where no  candidates
24    are being nominated or elected, the ballot card, its columns,
25    and  the  ballot card envelope shall be of a color designated
26    by the election official in charge of the election.
27        The ballot cards, ballot card envelopes and ballot sheets
28    may, at the discretion of the election authority, be  printed
29    on white paper and then striped with the appropriate colors.
30        When ballot sheets are used, the various portions thereof
31    shall be arranged to conform to the foregoing format.
32        Absentee  ballots may consist of ballot cards, envelopes,
33    paper ballots or ballot sheets voted in person in the  office
34    of  the  election official in charge of the election or voted
 
                            -29-     LRB093 02620 JAM 02630 b
 1    by mail.  Where a ballot card is used for voting by  mail  it
 2    must  be  accompanied by a punching tool or other appropriate
 3    marking device, voter  instructions  and  a  specimen  ballot
 4    showing  the  proper  positions to vote on the ballot card or
 5    ballot sheet for  each  party,  candidate,  proposal,  public
 6    measure or proposition, and in the case of a ballot card must
 7    be  mounted on a suitable material to receive the punched out
 8    chip.
 9        Ballots for use in the general primary election conducted
10    under Article 19A may consist  of  ballot  cards,  envelopes,
11    paper ballots, or ballot sheets.  Where a ballot card is used
12    for  voting by mail it must be accompanied by a punching tool
13    or other appropriate marking device, voter instructions,  and
14    a specimen ballot showing the proper positions to vote on the
15    ballot  card  or  ballot  sheet for each candidate, proposal,
16    public measure, or proposition, and in the case of  a  ballot
17    card  must  be  mounted on a suitable material to receive the
18    punched out chip.
19        Any voter who spoils his ballot or  makes  an  error  may
20    return  the  ballot  to  the  judges  of  election and secure
21    another.    However,  the  protruding  identifying  tab   for
22    proposals  for  a constitutional convention or constitutional
23    amendments  shall  have   printed   thereon   "Constitutional
24    Ballot",  and  the  ballot  label  page  or  pages  for  such
25    proposals shall precede the ballot label pages for candidates
26    in the ballot label booklet.
27    (Source: P.A. 89-700, eff. 1-17-97.)

28        (10 ILCS 5/24B-6)
29        Sec.  24B-6.  Ballot Information; Arrangement; Electronic
30    Precinct Tabulation Optical Scan  Technology  Voting  System;
31    Absentee  Ballots;  Spoiled Ballots.  The ballot information,
32    shall, as far as practicable, be in the order of  arrangement
33    provided  for  paper ballots, except that the information may
 
                            -30-     LRB093 02620 JAM 02630 b
 1    be in vertical or horizontal rows, or on a number of separate
 2    pages.  Ballots for all questions or propositions to be voted
 3    on should be  provided  in  a  similar  manner  and  must  be
 4    arranged  on the ballot sheet in the places provided for such
 5    purposes.  Ballots shall be of white  paper  unless  provided
 6    otherwise  by  administrative  rule  of  the  State  Board of
 7    Elections or otherwise specified.
 8        All  propositions,   including   but   not   limited   to
 9    propositions   calling   for   a  constitutional  convention,
10    constitutional  amendment,  judicial  retention,  and  public
11    measures to  be  voted  upon  shall  be  placed  on  separate
12    portions  of  the  ballot  sheet by utilizing borders or grey
13    screens.  Candidates shall be listed on a separate portion of
14    the ballot sheet by utilizing borders or grey screens.  Below
15    the name of the last candidate listed for an office shall  be
16    printed  a  line or lines on which the name of a candidate or
17    candidates may be written by the voter, and proximate to such
18    lines an area shall be provided for  marking  votes  for  the
19    write-in  candidate  or  candidates.  The  number of write-in
20    lines for an office shall equal the number of candidates  for
21    which  a  voter  may  vote.   More  than one amendment to the
22    constitution may be placed on the same portion of the  ballot
23    sheet.  Constitutional convention or constitutional amendment
24    propositions shall be printed on a separate  portion  of  the
25    ballot  sheet  and  designated  by  borders  or grey screens,
26    unless otherwise provided by administrative rule of the State
27    Board  of  Elections.    More  than  one  public  measure  or
28    proposition may be placed on the same portion of  the  ballot
29    sheet.   More than one proposition for retention of judges in
30    office may be placed on the same portion of the ballot sheet.
31    Names of candidates shall be printed in  black.    The  party
32    affiliation of each candidate or the word "independent" shall
33    appear  near  or under the candidate's name, and the names of
34    candidates for the same office  shall  be  listed  vertically
 
                            -31-     LRB093 02620 JAM 02630 b
 1    under  the  title of that office.  In the case of nonpartisan
 2    elections for officers of political subdivisions, unless  the
 3    statute  or  an  ordinance adopted pursuant to Article VII of
 4    the  Constitution  requires   otherwise,   the   listing   of
 5    nonpartisan   candidates  shall  not  include  any  party  or
 6    "independent" designation.  Judicial retention ballots  shall
 7    be  designated  by  borders or grey screens.  Ballots for all
 8    public measures and other propositions shall be designated by
 9    borders or grey screens.  In primary  elections,  a  separate
10    ballot,  shall  be  used  for  each political party holding a
11    primary, with the ballot arranged to  include  names  of  the
12    candidates  of  the  party  and  public  measures  and  other
13    propositions  to  be  voted  upon  on  the day of the primary
14    election.
15        If the ballot includes both  candidates  for  office  and
16    public  measures or propositions to be voted on, the election
17    official in charge of the election shall divide the ballot in
18    sections for "Candidates"  and  "Propositions",  or  separate
19    ballots may be used.
20        Absentee  ballots may consist of envelopes, paper ballots
21    or ballot sheets  voted  in  person  in  the  office  of  the
22    election official in charge of the election or voted by mail.
23    Where a Precinct Tabulation Optical Scan Technology ballot is
24    used  for  voting  by  mail  it  must be accompanied by voter
25    instructions.
26        Ballots for use in the general primary election conducted
27    under Article 19A may consist of envelopes, paper ballots, or
28    ballot sheets.  Where  a  Precinct  Tabulation  Optical  Scan
29    Technology  ballot  is  used  for  voting  by mail it must be
30    accompanied by voter instructions.
31        Any voter who spoils his or her ballot, makes  an  error,
32    or   has  a  ballot  returned  by  the  automatic  tabulating
33    equipment may return the ballot to the judges of election and
34    get another ballot.
 
                            -32-     LRB093 02620 JAM 02630 b
 1    (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)

 2        Section 10.  The State Mandates Act is amended by  adding
 3    Section 8.27 as follows:

 4        (30 ILCS 805/8.27 new)
 5        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
 6    and 8 of this Act, no reimbursement by the State is  required
 7    for  the  implementation  of  any  mandate  created  by  this
 8    amendatory Act of the 93rd General Assembly.

 9        Section  99.  Effective date.  This Act takes effect upon
10    becoming law.
 
                            -33-     LRB093 02620 JAM 02630 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    10 ILCS 5/4-11            from Ch. 46, par. 4-11
 4    10 ILCS 5/7-5             from Ch. 46, par. 7-5
 5    10 ILCS 5/7-15            from Ch. 46, par. 7-15
 6    10 ILCS 5/7-16            from Ch. 46, par. 7-16
 7    10 ILCS 5/13-1            from Ch. 46, par. 13-1
 8    10 ILCS 5/13-2            from Ch. 46, par. 13-2
 9    10 ILCS 5/14-1            from Ch. 46, par. 14-1
10    10 ILCS 5/14-3.1          from Ch. 46, par. 14-3.1
11    10 ILCS 5/Art.19A heading new
12    10 ILCS 5/19A-5 new
13    10 ILCS 5/19A-10 new
14    10 ILCS 5/19A-15 new
15    10 ILCS 5/19A-20 new
16    10 ILCS 5/19A-25 new
17    10 ILCS 5/19A-30 new
18    10 ILCS 5/19A-35 new
19    10 ILCS 5/19A-40 new
20    10 ILCS 5/19A-45 new
21    10 ILCS 5/19A-50 new
22    10 ILCS 5/19A-55 new
23    10 ILCS 5/19A-60 new
24    10 ILCS 5/24A-6           from Ch. 46, par. 24A-6
25    10 ILCS 5/24B-6
26    30 ILCS 805/8.27 new