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1 | | AN ACT concerning elections.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Election Code is amended by changing |
5 | | Sections 1A-16, 1A-25, 4-8, 4-10, 4-12, 4-15, 4-33, 4-50, 5-7, |
6 | | 5-9, 5-15, 5-21, 5-43, 5-50, 6-29, 6-35, 6-40, 6-57, 6-79, |
7 | | 6-100, 6A-1, 6A-2, 6A-3, 6A-4, 8-9, 9-1.8, 9-8.5, 9-9.5, |
8 | | 10-6.2, 10-7, 10-9, 10-10, 17-23, 18A-15, 19-2, 19-2.1, 19-3, |
9 | | 19-4, 19-7, 19A-15, 19A-70, 22-6, 24A-16, and 28-8 and by |
10 | | adding Sections 1-12, 1A-16.5, 6-19.5, 24A-6.2, 24B-6.2, and |
11 | | 24C-6.2 as follows: |
12 | | (10 ILCS 5/1-12 new) |
13 | | Sec. 1-12. Public university voting. Each appropriate |
14 | | election authority shall, in addition to the early voting |
15 | | conducted at locations otherwise required by law, conduct early |
16 | | voting in a high traffic location on the campus of a public |
17 | | university within the election authority's jurisdiction. For |
18 | | the purposes of this Section, "public university" means the |
19 | | University of Illinois at its campuses in Urbana-Champaign and |
20 | | Springfield, Southern Illinois University at its campuses in |
21 | | Carbondale and Edwardsville, Eastern Illinois University, |
22 | | Illinois State University, Northern Illinois University, and |
23 | | Western Illinois University at its campuses in Macomb and |
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1 | | Moline. The voting required by this Section to be conducted on |
2 | | campus must be conducted as otherwise required by Article 19A |
3 | | of this Code. If an election authority has voting equipment |
4 | | that can accommodate a ballot in every form required in the |
5 | | election authority's jurisdiction, then the election authority |
6 | | shall extend early voting under this Section to any registered |
7 | | voter in the election authority's jurisdiction. However, if the |
8 | | election authority does not have voting equipment that can |
9 | | accommodate a ballot in every form required in the election |
10 | | authority's jurisdiction, then the election authority may |
11 | | limit early voting under this Section to registered voters in |
12 | | precincts where the public university is located and precincts |
13 | | bordering the university. Each public university shall make the |
14 | | space available in a high traffic area for, and cooperate and |
15 | | coordinate with the appropriate election authority in, the |
16 | | implementation of this Section.
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17 | | (10 ILCS 5/1A-16)
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18 | | Sec. 1A-16. Voter registration information; internet |
19 | | posting; processing
of voter registration forms; content of |
20 | | such forms. Notwithstanding any law to
the contrary, the |
21 | | following provisions shall apply to voter registration under
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22 | | this Code.
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23 | | (a) Voter registration information; Internet posting of |
24 | | voter registration
form. Within 90 days after the effective |
25 | | date of this amendatory Act of the
93rd
General Assembly, the |
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1 | | State Board of Elections shall post on its World Wide Web
site |
2 | | the following information:
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3 | | (1) A comprehensive list of the names, addresses, phone |
4 | | numbers, and
websites, if applicable, of all county clerks |
5 | | and boards
of election commissioners in Illinois.
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6 | | (2) A schedule of upcoming elections and the deadline |
7 | | for voter
registration.
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8 | | (3) A downloadable, printable voter registration form, |
9 | | in at least English
and in
Spanish versions, that a person |
10 | | may complete and mail or submit to the
State Board of |
11 | | Elections or the appropriate county clerk or
board of |
12 | | election commissioners.
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13 | | Any forms described under paragraph (3) must state the |
14 | | following:
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15 | | If you do not have a driver's license or social |
16 | | security number, and this
form is submitted by mail, and |
17 | | you have never registered to vote in the
jurisdiction you |
18 | | are now registering in, then you must send, with this
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19 | | application, either (i) a copy of a current and valid photo |
20 | | identification, or
(ii) a copy of a current utility bill, |
21 | | bank statement, government check,
paycheck, or other |
22 | | government document that shows the name and address of the
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23 | | voter. If you do not provide the information required |
24 | | above, then you will be
required to provide election |
25 | | officials with either (i) or (ii) described above
the first |
26 | | time you vote at a voting place or by absentee ballot.
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1 | | (b) Acceptance of registration forms by the State Board of |
2 | | Elections and
county clerks and board of election |
3 | | commissioners. The
State Board of Elections, county clerks, and |
4 | | board of election commissioners
shall accept all completed |
5 | | voter registration forms
described in subsection (a)(3) of this |
6 | | Section and Sections 1A-17 and 1A-30 that are:
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7 | | (1) postmarked on or before the day that voter |
8 | | registration is closed
under
the Election Code;
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9 | | (2) not postmarked, but arrives no later than 5 days |
10 | | after the close
of registration;
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11 | | (3) submitted in person by a person using the form on |
12 | | or before the
day that voter registration is closed under |
13 | | the Election Code; or
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14 | | (4) submitted in person by a person who submits one or |
15 | | more forms
on behalf of one or more persons who used the |
16 | | form on or before
the day that voter registration is closed |
17 | | under the Election Code.
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18 | | Upon the receipt of a registration form, the State Board of |
19 | | Elections shall
mark
the date on which the form was received
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20 | | and send the form via first class mail to the appropriate |
21 | | county clerk or board
of
election commissioners, as the case |
22 | | may be, within 2 business days based upon
the home address of |
23 | | the person submitting the registration form. The county
clerk |
24 | | and board of election commissioners shall accept and process |
25 | | any form
received from the State Board of Elections.
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26 | | (c) Processing of registration forms by county clerks and |
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1 | | boards of election
commissioners. The county clerk or board of |
2 | | election commissioners shall
promulgate procedures for |
3 | | processing the voter registration form.
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4 | | (d) Contents of the voter registration form. The State |
5 | | Board shall create
a voter registration form, which must |
6 | | contain the following content:
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7 | | (1) Instructions for completing the form.
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8 | | (2) A summary of the qualifications to register to vote |
9 | | in Illinois.
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10 | | (3) Instructions for mailing in or submitting the form |
11 | | in person.
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12 | | (4) The phone number for the State Board of Elections |
13 | | should a person
submitting the form have questions.
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14 | | (5) A box for the person to check that explains one of |
15 | | 3 reasons for
submitting the form:
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16 | | (a) new registration;
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17 | | (b) change of address; or
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18 | | (c) change of name.
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19 | | (6) a box for the person to check yes or no that asks, |
20 | | "Are you a citizen
of the United States?", a box for the |
21 | | person to check yes or no that asks,
"Will you be 18 years |
22 | | of age on or before election day?", and a statement of
"If |
23 | | you checked 'no' in response to either of these questions, |
24 | | then do not
complete this form.".
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25 | | (7) A space for the person to fill in his or her home |
26 | | telephone
number.
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1 | | (8) Spaces for the person to fill in his or her first, |
2 | | middle, and last
names, street address (principal place of |
3 | | residence), county, city, state, and
zip code.
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4 | | (9) Spaces for the person to fill in his or her mailing |
5 | | address, city,
state, and zip code if different from his or |
6 | | her principal place of residence.
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7 | | (10) A space for the person to fill in his or her |
8 | | Illinois driver's
license number if the person has a |
9 | | driver's license.
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10 | | (11) A space for a person without a driver's license to |
11 | | fill in the last
four digits of his or her social security |
12 | | number if the person has a social
security number.
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13 | | (12) A space for a person without an Illinois driver's |
14 | | license to fill in
his or her identification number from |
15 | | his or her State Identification card
issued by the |
16 | | Secretary of State.
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17 | | (13) A space for the person to fill the name appearing |
18 | | on his or her last
voter registration, the street address |
19 | | of his or her last registration,
including the city, |
20 | | county, state, and zip code.
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21 | | (14) A space where the person swears or affirms the |
22 | | following under
penalty of perjury with his or her |
23 | | signature:
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24 | | (a) "I am a citizen of the United States.";
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25 | | (b) "I will be at least 18 years old on or before |
26 | | the next election.";
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1 | | (c) "I will have lived in the State of Illinois and |
2 | | in my election
precinct at least 30 days as of the date |
3 | | of the next election."; and
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4 | | "The information I have provided is true to the |
5 | | best of my knowledge
under penalty of perjury. If I |
6 | | have provided false information, then I may be
fined, |
7 | | imprisoned, or if I am not a U.S. citizen, deported |
8 | | from or refused
entry into the United States."
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9 | | (15) A space for the person to fill in his or her |
10 | | e-mail address if he or she chooses to provide that |
11 | | information. |
12 | | (d-5) Compliance with federal law; rulemaking authority. |
13 | | The voter
registration
form described in this Section shall be |
14 | | consistent with the form prescribed by
the
Federal
Election |
15 | | Commission under the National Voter Registration Act of 1993,
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16 | | P.L. 103-31, as amended from time to time, and the Help America |
17 | | Vote Act of
2002, P.L. 107-252, in all relevant respects. The |
18 | | State Board of Elections
shall periodically update the form |
19 | | based on changes to federal or State law.
The State Board of |
20 | | Elections shall promulgate any rules necessary for the
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21 | | implementation of this Section; provided that the rules
comport |
22 | | with the letter and spirit of the National Voter Registration |
23 | | Act of
1993 and Help America Vote Act of 2002 and maximize the |
24 | | opportunity for a
person to register to vote.
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25 | | (e) Forms available in paper form. The State Board of |
26 | | Elections shall make
the voter registration form available in |
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1 | | regular paper stock and form in
sufficient quantities for the |
2 | | general public. The State Board of Elections may
provide the |
3 | | voter registration form to the Secretary of State, county
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4 | | clerks, boards of election commissioners, designated agencies |
5 | | of the State of
Illinois, and any other person or entity |
6 | | designated to have these forms by the
Election Code in regular |
7 | | paper stock and form or some other format deemed
suitable by |
8 | | the Board. Each county clerk or board of election commissioners |
9 | | has
the authority to design and print its own voter |
10 | | registration form so long as
the form complies with the |
11 | | requirements of this Section. The State Board
of Elections, |
12 | | county clerks, boards of election commissioners, or other
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13 | | designated agencies of the State of Illinois required to have |
14 | | these forms under
the Election Code shall provide a member of |
15 | | the public with any reasonable
number of forms
that he or she |
16 | | may request. Nothing in this Section shall permit the State
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17 | | Board of
Elections, county clerk, board of election |
18 | | commissioners, or other appropriate
election official who may |
19 | | accept a voter registration form to refuse to accept
a voter |
20 | | registration form because the form is printed on photocopier or |
21 | | regular
paper
stock and form.
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22 | | (f) (Blank). Internet voter registration study. The State |
23 | | Board of Elections shall
investigate the feasibility of |
24 | | offering voter registration on its website and
consider voter |
25 | | registration methods of other states in an effort to maximize
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26 | | the opportunity for all Illinois citizens to register to vote. |
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1 | | The State Board
of Elections shall assemble its findings in a |
2 | | report and submit it to the
General Assembly no later than |
3 | | January 1, 2006. The report shall contain
legislative |
4 | | recommendations to the General Assembly on improving voter
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5 | | registration in Illinois.
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6 | | (Source: P.A. 94-492, eff. 1-1-06; 94-645, eff. 8-22-05; |
7 | | 95-331, eff. 8-21-07.)
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8 | | (10 ILCS 5/1A-16.5 new) |
9 | | Sec. 1A-16.5. Online voter registration. |
10 | | (a) The State Board of Elections shall establish and |
11 | | maintain a system for online voter registration that permits a |
12 | | person to apply to register to vote or to update his or her |
13 | | existing voter registration. In accordance with technical |
14 | | specifications provided by the State Board of Elections, each |
15 | | election authority shall maintain a voter registration system |
16 | | capable of receiving and processing voter registration |
17 | | application information, including electronic signatures, from |
18 | | the online voter registration system established by the State |
19 | | Board of Elections. |
20 | | (b) The online voter registration system shall employ |
21 | | security measures to ensure the accuracy and integrity of voter |
22 | | registration applications submitted electronically pursuant to |
23 | | this Section. |
24 | | (c) The Board may receive voter registration information |
25 | | provided by applicants using the State Board of Elections' |
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1 | | website, may cross reference that information with data or |
2 | | information contained in the Secretary of State's database in |
3 | | order to match the information submitted by applicants, and may |
4 | | receive from the Secretary of State the applicant's digitized |
5 | | signature upon a successful match of that applicant's |
6 | | information with that contained in the Secretary of State's |
7 | | database. |
8 | | (d) Notwithstanding any other provision of law, a person |
9 | | who is qualified to register to vote and who has an authentic |
10 | | Illinois driver's license or State identification card issued |
11 | | by the Secretary of State may submit an application to register |
12 | | to vote electronically on a website maintained by the State |
13 | | Board of Elections. |
14 | | (e) An online voter registration application shall contain |
15 | | all of the information that is required for a paper application |
16 | | as provided in Section 1A-16 of this Code, except that the |
17 | | applicant shall be required to provide: |
18 | | (1) the applicant's full Illinois driver's license or |
19 | | State identification card number; |
20 | | (2) the last 4 digits of the applicant's social |
21 | | security number; and |
22 | | (3) the date the Illinois driver's license or State |
23 | | identification card was issued. |
24 | | (f) For an applicant's registration or change in |
25 | | registration to be accepted, the applicant shall mark the box |
26 | | associated with the following statement included as part of the |
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1 | | online voter registration application: |
2 | | By clicking on the box below, I swear or affirm all of the |
3 | | following: |
4 | | (1) I am the person whose name and identifying information |
5 | | is provided on this form, and I desire to register to vote in |
6 | | the State of Illinois. |
7 | | (2) All the information I have provided on this form is |
8 | | true and correct as of the date I am submitting this form. |
9 | | (3) I authorize the Secretary of State to transmit to the |
10 | | State Board of Elections my signature that is on file with the |
11 | | Secretary of State and understand that such signature will be |
12 | | used by my local election authority on this online voter |
13 | | registration application for admission as an elector as if I |
14 | | had signed this form personally.". |
15 | | (g) Immediately upon receiving a completed online voter |
16 | | registration application, the online voter registration system |
17 | | shall send, by electronic mail, a confirmation notice that the |
18 | | application has been received. Within 48 hours of receiving |
19 | | such an application, the online voter registration system shall |
20 | | send by electronic mail, a notice informing the applicant of |
21 | | whether the following information has been matched with the |
22 | | Secretary of State database: |
23 | | (1) that the applicant has an authentic Illinois |
24 | | driver's license or State identification card issued by the |
25 | | Secretary of State and that the driver's license or State |
26 | | identification number provided by the applicant matches |
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1 | | the driver's license or State identification card number |
2 | | for that person on file with the Secretary of State; |
3 | | (2) that the date of issuance of the Illinois driver's |
4 | | license or State identification card listed on the |
5 | | application matches the date of issuance of that card for |
6 | | that person on file with the Secretary of State; |
7 | | (3) that the date of birth provided by the applicant |
8 | | matches the date of birth for that person on file with the |
9 | | Secretary of State; and |
10 | | (4) that the last 4 digits of the applicant's social |
11 | | security number matches the last four digits for that |
12 | | person on file with the Secretary of State. |
13 | | (h) If the information provided by the applicant matches |
14 | | the information on the Secretary of State's databases for any |
15 | | driver's license and State identification card holder and is |
16 | | matched as provided in subsection (g) above, the online voter |
17 | | registration system shall: |
18 | | (1) retrieve from the Secretary of State's database |
19 | | files an electronic copy of the applicant's signature from |
20 | | his or her Illinois driver's license or State |
21 | | identification card and such signature shall be deemed to |
22 | | be the applicant's signature on his or her online voter |
23 | | registration application; |
24 | | (2) within 2 days of receiving the application, forward |
25 | | to the county clerk or board of election commissioners |
26 | | having jurisdiction over the applicant's voter |
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1 | | registration: (i) the application, along with the |
2 | | applicant's relevant data that can be directly loaded into |
3 | | the jurisdiction's voter registration system and (ii) a |
4 | | copy of the applicant's electronic signature and a |
5 | | certification from the State Board of Elections that the |
6 | | applicant's driver's license or State identification card |
7 | | number, driver's license or State identification card date |
8 | | of issuance, and date of birth and social security |
9 | | information have been successfully matched. |
10 | | (i) Upon receipt of the online voter registration |
11 | | application, the county clerk or board of election |
12 | | commissioners having jurisdiction over the applicant's voter |
13 | | registration shall promptly search its voter registration |
14 | | database to determine whether the applicant is already |
15 | | registered to vote at the address on the application and |
16 | | whether the new registration would create a duplicate |
17 | | registration. If the applicant is already registered to vote at |
18 | | the address on the application, the clerk or board, as the case |
19 | | may be, shall send the applicant by first class mail, and |
20 | | electronic mail if the applicant has provided an electronic |
21 | | mail address on the original voter registration form for that |
22 | | address, a disposition notice as otherwise required by law |
23 | | informing the applicant that he or she is already registered to |
24 | | vote at such address. If the applicant is not already |
25 | | registered to vote at the address on the application and the |
26 | | applicant is otherwise eligible to register to vote, the clerk |
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1 | | or board, as the case may be, shall: |
2 | | (1) enter the name and address of the applicant on the |
3 | | list of registered voters in the jurisdiction; and |
4 | | (2) send by mail, and electronic mail if the applicant |
5 | | has provided an electronic mail address on the voter |
6 | | registration form, a disposition notice to the applicant as |
7 | | otherwise provided by law setting forth the applicant's |
8 | | name and address as it appears on the application and |
9 | | stating that the person is registered to vote. |
10 | | (j) An electronic signature of the person submitting a |
11 | | duplicate registration application or a change of address form |
12 | | that is retrieved and imported from the Secretary of State's |
13 | | driver's license or State identification card database as |
14 | | provided herein may, in the discretion of the clerk or board, |
15 | | be substituted for and replace any existing signature for that |
16 | | individual in the voter registration database of the county |
17 | | clerk or board of election commissioners. |
18 | | (k) Any new registration or change of address submitted |
19 | | electronically as provided in this Section shall become |
20 | | effective as of the date it is received by the county clerk or |
21 | | board of election commissioners having jurisdiction over said |
22 | | registration. Disposition notices prescribed in this Section |
23 | | shall be sent within 5 business days of receipt of the online |
24 | | application or change of address by the county clerk or board |
25 | | of election commissioners. |
26 | | (l) All provisions of this Code governing voter |
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1 | | registration and applicable thereto and not inconsistent with |
2 | | this Section shall apply to online voter registration under |
3 | | this Section. All applications submitted on a website |
4 | | maintained by the State Board of Elections shall be deemed |
5 | | timely filed if they are submitted no later than 11:59 p.m. on |
6 | | the final day for voter registration prior to an election. |
7 | | After the registration period for an upcoming election has |
8 | | ended and until the 2nd day following such election, the web |
9 | | page containing the online voter registration form on the State |
10 | | Board of Elections website shall inform users of the procedure |
11 | | for grace period voting. |
12 | | (m) The State Board of Elections shall maintain a list of |
13 | | the name, street address, e-mail address, and likely precinct, |
14 | | ward, township, and district numbers, as the case may be, of |
15 | | people who apply to vote online through the voter registration |
16 | | system and those names and that information shall be stored in |
17 | | an electronic format on its website, arranged by county and |
18 | | accessible to State and local political committees. |
19 | | (n) The Illinois State Board of Elections shall submit a |
20 | | report to the General Assembly and the Governor by January 31, |
21 | | 2014 detailing the progress made to implement the online voter |
22 | | registration system described in this Section. |
23 | | (o) The online voter registration system provided for in |
24 | | this Section shall be fully operational by July 1, 2014. |
25 | | (10 ILCS 5/1A-25) |
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1 | | Sec. 1A-25. Centralized statewide voter registration list. |
2 | | The centralized statewide voter registration list required by |
3 | | Title III, Subtitle A, Section 303 of the Help America Vote Act |
4 | | of 2002 shall be created and maintained by the State Board of |
5 | | Elections as provided in this Section. |
6 | | (1) The centralized statewide voter registration list |
7 | | shall be compiled from the voter registration data bases of |
8 | | each election authority in this State.
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9 | | (2) With the exception of voter registration forms |
10 | | submitted electronically through an online voter |
11 | | registration system, all All new voter registration forms |
12 | | and applications to register to vote, including those |
13 | | reviewed by the Secretary of State at a driver services |
14 | | facility, shall be transmitted only to the appropriate |
15 | | election authority as required by Articles 4, 5, and 6 of |
16 | | this Code and not to the State Board of Elections. All |
17 | | voter registration forms submitted electronically to the |
18 | | State Board of Elections through an online voter |
19 | | registration system shall be transmitted to the |
20 | | appropriate election authority as required by Section |
21 | | 1A-16.5. The election authority shall process and verify |
22 | | each voter registration form and electronically enter |
23 | | verified registrations on an expedited basis onto the |
24 | | statewide voter registration list. All original |
25 | | registration cards shall remain permanently in the office |
26 | | of the election authority as required by this Code.
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1 | | (3) The centralized statewide voter registration list |
2 | | shall:
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3 | | (i) Be designed to allow election authorities to |
4 | | utilize the registration data on the statewide voter |
5 | | registration list pertinent to voters registered in |
6 | | their election jurisdiction on locally maintained |
7 | | software programs that are unique to each |
8 | | jurisdiction.
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9 | | (ii) Allow each election authority to perform |
10 | | essential election management functions, including but |
11 | | not limited to production of voter lists, processing of |
12 | | absentee voters, production of individual, pre-printed |
13 | | applications to vote, administration of election |
14 | | judges, and polling place administration, but shall |
15 | | not prevent any election authority from using |
16 | | information from that election authority's own |
17 | | systems.
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18 | | (4) The registration information maintained by each |
19 | | election authority shall be synchronized with that |
20 | | authority's information on the statewide list at least once |
21 | | every 24 hours.
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22 | | To protect the privacy and confidentiality of voter |
23 | | registration information, the disclosure of any portion of the |
24 | | centralized statewide voter registration list to any person or |
25 | | entity other than to a State or local political committee and |
26 | | other than to a governmental entity for a governmental purpose |
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1 | | is specifically prohibited except as follows: subject to |
2 | | security measures adopted by the State Board of Elections |
3 | | which, at a minimum, shall include the keeping of a catalog or |
4 | | database, available for public view, including the name, |
5 | | address, and telephone number of the person viewing the list as |
6 | | well as the time of that viewing, any person may view the list |
7 | | on a computer screen at the Springfield office of the State |
8 | | Board of Elections, during normal business hours other than |
9 | | during the 27 days before an election, but the person viewing |
10 | | the list under this exception may not print, duplicate, |
11 | | transmit, or alter the list.
|
12 | | (Source: P.A. 94-136, eff. 7-7-05; 94-645, eff. 8-22-05; |
13 | | 95-331, eff. 8-21-07.)
|
14 | | (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
|
15 | | Sec. 4-8. The county clerk shall provide a sufficient |
16 | | number of blank
forms for the registration of electors, which |
17 | | shall be known as
registration record cards and which shall |
18 | | consist of loose leaf sheets
or cards, of suitable size to |
19 | | contain in plain writing and figures the
data hereinafter |
20 | | required thereon or shall consist of computer cards of
suitable |
21 | | nature to contain the data required thereon. The registration |
22 | | record
cards, which shall include an affidavit of registration |
23 | | as hereinafter
provided, shall be executed in duplicate.
|
24 | | The registration record card shall contain the following |
25 | | and such
other information as the county clerk may think it |
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1 | | proper to require for
the identification of the applicant for |
2 | | registration:
|
3 | | Name. The name of the applicant, giving surname and first |
4 | | or
Christian name in full, and the middle name or the initial |
5 | | for such
middle name, if any.
|
6 | | Sex.
|
7 | | Residence. The name and number of the street, avenue, or |
8 | | other location of
the dwelling, including the apartment, unit |
9 | | or room number, if any, and in the
case of a mobile home the lot |
10 | | number, and such additional clear and definite
description as |
11 | | may be necessary to determine the exact location of the
|
12 | | dwelling of the applicant. Where the location cannot be |
13 | | determined by
street and number, then the section, |
14 | | congressional township and range
number may be used, or such |
15 | | other description as may be necessary,
including post-office |
16 | | mailing address. In the case of a homeless individual,
the |
17 | | individual's voting residence that is his or her mailing |
18 | | address shall be
included on his or her registration record |
19 | | card.
|
20 | | Term of residence in the State of Illinois and precinct. |
21 | | This
information shall be furnished by the applicant stating |
22 | | the place or
places where he resided and the dates during which |
23 | | he resided in such
place or places during the year next |
24 | | preceding the date of the next
ensuing election.
|
25 | | Nativity. The state or country in which the applicant was |
26 | | born.
|
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1 | | Citizenship. Whether the applicant is native born or |
2 | | naturalized. If
naturalized, the court, place, and date of |
3 | | naturalization.
|
4 | | Date of application for registration, i.e., the day, month |
5 | | and year
when applicant presented himself for registration.
|
6 | | Age. Date of birth, by month, day and year.
|
7 | | Physical disability of the applicant, if any, at the time |
8 | | of
registration, which would require assistance in voting.
|
9 | | The county and state in which the applicant was last |
10 | | registered.
|
11 | | Electronic mail address, if any. |
12 | | Signature of voter. The applicant, after the registration |
13 | | and in the
presence of a deputy registrar or other officer of |
14 | | registration shall be
required to sign his or her name in ink |
15 | | to the affidavit on both the
original and duplicate |
16 | | registration record cards.
|
17 | | Signature of deputy registrar or officer of registration.
|
18 | | In case applicant is unable to sign his name, he may affix |
19 | | his mark
to the affidavit. In such case the officer empowered |
20 | | to give the
registration oath shall write a detailed |
21 | | description of the applicant in
the space provided on the back |
22 | | or at the bottom of the card or sheet;
and shall ask the |
23 | | following questions and record the answers thereto:
|
24 | | Father's first name.
|
25 | | Mother's first name.
|
26 | | From what address did the applicant last register?
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1 | | Reason for inability to sign name.
|
2 | | Each applicant for registration shall make an affidavit in
|
3 | | substantially the following form:
|
4 | | AFFIDAVIT OF REGISTRATION
|
5 | | STATE OF ILLINOIS
|
6 | | COUNTY OF .......
|
7 | | I hereby swear (or affirm) that I am a citizen of the |
8 | | United States;
that on the date of the next election I shall |
9 | | have resided in the State
of Illinois and in the election |
10 | | precinct in which I reside 30 days and
that I intend that this |
11 | | location shall be my residence; that
I am fully qualified to |
12 | | vote, and that the above statements are true.
|
13 | | ..............................
|
14 | | (His or her signature or mark)
|
15 | | Subscribed and sworn to before me on (insert date).
|
16 | | ..................................
|
17 | | Signature of registration officer.
|
18 | | (To be signed in presence of registrant.)
|
19 | | Space shall be provided upon the face of each registration |
20 | | record
card for the notation of the voting record of the person |
21 | | registered
thereon.
|
22 | | Each registration record card shall be numbered according |
23 | | to
precincts, and may be serially or otherwise marked for |
24 | | identification in
such manner as the county clerk may |
25 | | determine.
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1 | | The registration cards shall be deemed public records and |
2 | | shall be
open to inspection during regular business hours, |
3 | | except during the 27
days immediately preceding any election. |
4 | | On written request of any
candidate or objector or any person |
5 | | intending to object to a petition, the
election authority shall |
6 | | extend its hours for inspection of registration
cards and other |
7 | | records of the election authority during the period
beginning |
8 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
9 | | 28-3 and continuing through the termination of electoral board |
10 | | hearings on
any objections to petitions containing signatures |
11 | | of registered voters in
the jurisdiction of the election |
12 | | authority. The extension shall be for a
period of hours |
13 | | sufficient to allow adequate opportunity for examination of
the |
14 | | records but the election authority is not required to extend |
15 | | its hours
beyond the period beginning at its normal opening for |
16 | | business and ending
at midnight. If the business hours are so |
17 | | extended, the election authority
shall post a public notice of |
18 | | such extended hours. Registration record
cards may also be |
19 | | inspected, upon approval of the officer in charge of the
cards, |
20 | | during the 27 days immediately preceding any election.
|
21 | | Registration
record cards shall also be open to inspection by |
22 | | certified judges and poll
watchers and challengers at the |
23 | | polling place on election day, but only to
the extent necessary |
24 | | to determine the question of the right of a person to
vote or |
25 | | to serve as a judge of election. At no time shall poll watchers |
26 | | or
challengers be allowed to physically handle the registration |
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1 | | record cards.
|
2 | | Updated copies of computer tapes or computer discs or other |
3 | | electronic data
processing information containing voter |
4 | | registration information shall
be furnished by the county clerk |
5 | | within 10 days after December 15 and
May
15 each year and |
6 | | within 10 days after each registration
period is closed to the |
7 | | State Board of Elections in a form
prescribed by the
Board. For |
8 | | the purposes of this Section, a registration period is closed |
9 | | 27
days before the date of any regular or special election. |
10 | | Registration
information shall include, but not be limited to, |
11 | | the
following information: name, sex, residence, telephone |
12 | | number, if any,
age, party affiliation, if applicable, |
13 | | precinct, ward, township,
county, and representative, |
14 | | legislative and
congressional districts. In the event of |
15 | | noncompliance, the State
Board of Elections is directed to |
16 | | obtain compliance forthwith with this
nondiscretionary duty of |
17 | | the election authority by instituting legal
proceedings in the |
18 | | circuit court of the county in which the election
authority |
19 | | maintains the registration information. The costs of |
20 | | furnishing
updated copies of tapes or discs shall be paid at a |
21 | | rate of $.00034 per
name of registered voters in the election |
22 | | jurisdiction, but not less than
$50 per tape or disc and shall |
23 | | be paid from appropriations made to the
State Board of |
24 | | Elections for reimbursement to the election authority for
such |
25 | | purpose. The State Board shall furnish copies of such tapes, |
26 | | discs, other
electronic data or compilations thereof to state |
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1 | | political committees
registered pursuant to the Illinois |
2 | | Campaign Finance Act or the Federal
Election Campaign Act and |
3 | | to governmental entities, at their request and at a reasonable |
4 | | cost.
To protect the privacy and confidentiality of voter |
5 | | registration information,
the disclosure
of electronic voter |
6 | | registration records to any person or entity other than to a
|
7 | | State or local political
committee and other than to a |
8 | | governmental entity for a governmental
purpose is specifically |
9 | | prohibited except as follows: subject to security measures |
10 | | adopted by the State Board of Elections which, at a minimum, |
11 | | shall include the keeping of a catalog or database, available |
12 | | for public view, including the name, address, and telephone |
13 | | number of the person viewing the list as well as the time of |
14 | | that viewing, any person may view the centralized statewide |
15 | | voter registration list on a computer screen at the Springfield |
16 | | office of the State Board of Elections, during normal business |
17 | | hours other than during the 27 days before an election, but the |
18 | | person viewing the list under this exception may not print, |
19 | | duplicate, transmit, or alter the list. Copies of
the tapes, |
20 | | discs, or other electronic data shall be furnished by the |
21 | | county
clerk to local political committees and governmental |
22 | | entities at their request and at a
reasonable cost.
Reasonable |
23 | | cost of the tapes, discs, et cetera for
this purpose would be |
24 | | the cost of duplication plus 15% for
administration. The |
25 | | individual representing a political committee
requesting |
26 | | copies of such tapes shall make a sworn affidavit that the
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1 | | information shall be used only for bona fide political |
2 | | purposes,
including by or for candidates for office or |
3 | | incumbent office holders.
Such tapes, discs or other electronic |
4 | | data shall not be used under any
circumstances by any political |
5 | | committee or individuals for purposes of
commercial |
6 | | solicitation or other business purposes. If such tapes
contain |
7 | | information on county residents related to the operations of
|
8 | | county government in addition to registration information, |
9 | | that
information shall not be used under any circumstances for |
10 | | commercial
solicitation or other business purposes. The |
11 | | prohibition in this
Section against using the computer tapes or |
12 | | computer discs or other
electronic data processing information |
13 | | containing voter registration
information for purposes of |
14 | | commercial solicitation or other business
purposes shall be |
15 | | prospective only from the effective date of this
amended Act of |
16 | | 1979. Any person who violates this provision shall be
guilty of |
17 | | a Class 4 felony.
|
18 | | The State Board of Elections shall promulgate, by October |
19 | | 1, 1987, such
regulations as may be necessary to ensure |
20 | | uniformity throughout the State
in electronic data processing |
21 | | of voter registration information. The
regulations shall |
22 | | include, but need not be limited to, specifications for
uniform |
23 | | medium, communications protocol and file structure to be |
24 | | employed
by the election authorities of this State in the |
25 | | electronic data processing
of voter registration information. |
26 | | Each election authority utilizing
electronic data processing |
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1 | | of voter registration information shall comply
with such |
2 | | regulations on and after May 15, 1988.
|
3 | | If the applicant for registration was last registered in |
4 | | another
county within this State, he shall also sign a |
5 | | certificate authorizing
cancellation of the former |
6 | | registration. The certificate shall be in
substantially the |
7 | | following form:
|
8 | | To the County Clerk of.... County, Illinois. (or)
|
9 | | To the Election Commission of the City of ...., Illinois.
|
10 | | This is to certify that I am registered in your (county) |
11 | | (city) and
that my residence was ............................
|
12 | | Having moved out of your (county) (city), I hereby authorize |
13 | | you to
cancel said registration in your office.
|
14 | | Dated at ...., Illinois, on (insert date).
|
15 | | .................................
|
16 | | (Signature of Voter)
|
17 | | Attest: ................, County Clerk, .............
|
18 | | County, Illinois.
|
19 | | The cancellation certificate shall be mailed immediately |
20 | | by the
County Clerk to the County Clerk (or election commission |
21 | | as the case may
be) where the applicant was formerly |
22 | | registered. Receipt of such
certificate shall be full authority |
23 | | for cancellation of any previous
registration.
|
24 | | (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; |
25 | | 94-136, eff. 7-7-05.)
|
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1 | | (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
|
2 | | Sec. 4-10.
Except as herein provided, no person shall be |
3 | | registered,
unless he applies in person to a registration |
4 | | officer, answers such
relevant questions as may be asked of him |
5 | | by the registration officer,
and executes the affidavit of |
6 | | registration. The registration officer shall
require the |
7 | | applicant to furnish two forms of identification, and except in |
8 | | the
case of a homeless individual, one of which must include |
9 | | his or her residence
address. These forms of identification |
10 | | shall include, but not be limited to,
any of the following: |
11 | | driver's license, social security card, public aid
|
12 | | identification card, utility bill, employee or student |
13 | | identification card,
lease or contract for a residence, credit |
14 | | card, or a civic, union or professional association membership |
15 | | card.
The registration officer shall require a homeless |
16 | | individual to furnish
evidence of his or her use of the mailing |
17 | | address stated. This use may be
demonstrated by a piece of mail |
18 | | addressed to that individual and received at
that address or by |
19 | | a statement from a person authorizing use of the mailing
|
20 | | address. The registration officer shall require each applicant |
21 | | for
registration to read or have read to him the affidavit of |
22 | | registration
before permitting him to execute the affidavit.
|
23 | | One of the registration officers or a deputy registration |
24 | | officer,
county clerk, or clerk in the office of the county |
25 | | clerk, shall
administer to all persons who shall personally |
26 | | apply to register the
following oath or affirmation:
|
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1 | | "You do solemnly swear (or affirm) that you will fully and |
2 | | truly
answer all such questions as shall be put to you touching |
3 | | your name,
place of residence, place of birth, your |
4 | | qualifications as an elector
and your right as such to register |
5 | | and vote under the laws of the State
of Illinois."
|
6 | | The registration officer shall satisfy himself that each |
7 | | applicant
for registration is qualified to register before |
8 | | registering him. If the
registration officer has reason to |
9 | | believe that the applicant is a resident
of a Soldiers' and |
10 | | Sailors' Home or any facility which is licensed or certified
|
11 | | pursuant to the Nursing Home Care Act, the Specialized Mental |
12 | | Health Rehabilitation Act, or the ID/DD Community Care Act, the |
13 | | following question shall be put,
"When you entered the home |
14 | | which is your present address, was it your bona
fide intention |
15 | | to become a resident thereof?" Any voter of a township, city,
|
16 | | village or incorporated town in which such applicant resides, |
17 | | shall be
permitted to be present at the place of any precinct |
18 | | registration and shall
have the right to challenge any |
19 | | applicant who applies to be registered.
|
20 | | In case the officer is not satisfied that the applicant is |
21 | | qualified
he shall forthwith notify such applicant in writing |
22 | | to appear before the
county clerk to complete his registration. |
23 | | Upon the card of such
applicant shall be written the word |
24 | | "incomplete" and no such applicant
shall be permitted to vote |
25 | | unless such registration is satisfactorily
completed as |
26 | | hereinafter provided. No registration shall be taken and
marked |
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1 | | as incomplete if information to complete it can be furnished on
|
2 | | the date of the original application.
|
3 | | Any person claiming to be an elector in any election |
4 | | precinct and
whose registration card is marked "Incomplete" may |
5 | | make and sign an
application in writing, under oath, to the |
6 | | county clerk in substance in
the following form:
|
7 | | "I do solemnly swear that I, ...., did on (insert date) |
8 | | make
application to the board of registry of the .... precinct |
9 | | of the township of
.... (or to the county clerk of .... county) |
10 | | and that said board or clerk
refused to complete my |
11 | | registration as a qualified voter in said
precinct. That I |
12 | | reside in said precinct, that I intend to reside in said
|
13 | | precinct, and am a duly qualified voter of said precinct and am |
14 | | entitled to be
registered to vote in said precinct at the next |
15 | | election.
|
16 | | (Signature of applicant) ............................."
|
17 | | All such applications shall be presented to the county |
18 | | clerk or to
his duly authorized representative by the |
19 | | applicant, in person between
the hours of 9:00 a.m. and 5:00 |
20 | | p.m. on any day after the days on
which the 1969 and 1970 |
21 | | precinct re-registrations are held but not on
any day within 27 |
22 | | days preceding the ensuing general election and
thereafter for |
23 | | the registration provided in Section 4-7 all such
applications |
24 | | shall be presented to the county clerk or his duly
authorized |
25 | | representative by the applicant in person between the hours
of |
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1 | | 9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding |
2 | | the
ensuing general election. Such application shall be heard |
3 | | by the county
clerk or his duly authorized representative at |
4 | | the time the application
is presented. If the applicant for |
5 | | registration has registered with the
county clerk, such |
6 | | application may be presented to and heard by the
county clerk |
7 | | or by his duly authorized representative upon the dates
|
8 | | specified above or at any time prior thereto designated by the |
9 | | county clerk.
|
10 | | Any otherwise qualified person who is absent from his |
11 | | county of
residence either due to business of the United States |
12 | | or because he is
temporarily outside the territorial limits of |
13 | | the United States may
become registered by mailing an |
14 | | application to the county clerk within
the periods of |
15 | | registration provided for in this Article, or by simultaneous
|
16 | | application for absentee registration and absentee ballot as |
17 | | provided in
Article 20 of this Code.
|
18 | | Upon receipt of such application the county clerk shall |
19 | | immediately
mail an affidavit of registration in duplicate, |
20 | | which affidavit shall
contain the following and such other |
21 | | information as the State Board of
Elections may think it proper |
22 | | to require for the identification of the
applicant:
|
23 | | Name. The name of the applicant, giving surname and first |
24 | | or
Christian name in full, and the middle name or the initial |
25 | | for such
middle name, if any.
|
26 | | Sex.
|
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1 | | Residence. The name and number of the street, avenue or |
2 | | other
location of the dwelling, and such additional clear and |
3 | | definite
description as may be necessary to determine the exact |
4 | | location of the
dwelling of the applicant. Where the location |
5 | | cannot be determined by
street and number, then the Section, |
6 | | congressional township and range
number may be used, or such |
7 | | other information as may be necessary,
including post office |
8 | | mailing address.
|
9 | | Electronic mail address, if the registrant has provided |
10 | | this information. |
11 | | Term of residence in the State of Illinois and the |
12 | | precinct.
|
13 | | Nativity. The State or country in which the applicant was |
14 | | born.
|
15 | | Citizenship. Whether the applicant is native born or |
16 | | naturalized. If
naturalized, the court, place and date of |
17 | | naturalization.
|
18 | | Age. Date of birth, by month, day and year.
|
19 | | Out of State address of ..........................
|
20 | | AFFIDAVIT OF REGISTRATION
|
21 | | State of ...........)
|
22 | | )ss
|
23 | | County of ..........)
|
24 | | I hereby swear (or affirm) that I am a citizen of the |
25 | | United States;
that on the day of the next election I shall |
26 | | have resided in the State
of Illinois and in the election |
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1 | | precinct 30 days; that I am
fully qualified to vote, that I am |
2 | | not registered to vote anywhere else
in the United States, that |
3 | | I intend to remain a resident of the State of
Illinois and of |
4 | | the election precinct, that I intend to return to the State
of |
5 | | Illinois, and that the above statements are true.
|
6 | | ..............................
|
7 | | (His or her signature or mark)
|
8 | | Subscribed and sworn to before me, an officer qualified to |
9 | | administer
oaths, on (insert date).
|
10 | | ........................................
|
11 | | Signature of officer administering oath.
|
12 | | Upon receipt of the executed duplicate affidavit of |
13 | | Registration, the
county clerk shall transfer the information |
14 | | contained thereon to
duplicate Registration Cards provided for |
15 | | in Section 4-8 of this Article
and shall attach thereto a copy |
16 | | of each of the duplicate affidavit of
registration and |
17 | | thereafter such registration card and affidavit shall
|
18 | | constitute the registration of such person the same as if he |
19 | | had applied
for registration in person.
|
20 | | (Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; |
21 | | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; |
22 | | 97-813, eff. 7-13-12.)
|
23 | | (10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
|
24 | | Sec. 4-12.
Any voter or voters in the township, city, |
25 | | village or
incorporated town containing such precinct, and any |
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1 | | precinct committeeman
in the county, may, between the hours of |
2 | | 9:00
a.m. and 5:00 p.m. of Monday and Tuesday of the second |
3 | | week prior to the
week in which the 1970 primary election for |
4 | | the nomination of candidates
for State and county offices or |
5 | | any election thereafter is to be held, make
application in |
6 | | writing, to the county clerk, to have any name upon the
|
7 | | register of any precinct erased. Such application shall be, in |
8 | | substance,
in the words and figures following:
|
9 | | "I being a qualified voter, registered from No. .... Street |
10 | | in the ....
precinct of the .... ward of the city (village or |
11 | | town of) .... (or of the
.... town of ....) do hereby solemnly |
12 | | swear (or affirm) that ....
registered from No. .... Street is |
13 | | not a qualified voter in the ....
precinct of .... ward of the |
14 | | city (village or town) of .... (or of the ....
town of ....) |
15 | | and hence I ask that his name be erased from the register of
|
16 | | such precinct for the following reason .....
|
17 | | Affiant further says that he has personal knowledge of the |
18 | | facts set
forth in the above affidavit.
|
19 | | (Signed) .....
|
20 | | Subscribed and sworn to before me on (insert date).
|
21 | | ....
|
22 | | ....
|
23 | | ....."
|
24 | | Such application shall be signed and sworn to by the |
25 | | applicant before
the county clerk or any deputy authorized by |
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1 | | the county clerk for that
purpose, and filed with said clerk. |
2 | | Thereupon notice of such application,
and of the time and place |
3 | | of hearing thereon, with a demand to appear
before the county |
4 | | clerk and show cause why his name shall not be erased
from said |
5 | | register, shall be mailed, in an envelope duly stamped and
|
6 | | directed to such person at the address upon said register, at |
7 | | least four
days before the day fixed in said notice to show |
8 | | cause. If such person has provided the election authority with |
9 | | an e-mail address, then the election authority shall also send |
10 | | the same notice by electronic mail at least 4 days before the |
11 | | day fixed in said notice to show cause.
|
12 | | A like notice shall be mailed to the person or persons |
13 | | making the
application to have the name upon such register |
14 | | erased to appear and show
cause why said name should be erased, |
15 | | the notice to set out the day and
hour of such hearing. If the |
16 | | voter making such application fails to appear
before said clerk |
17 | | at the time set for the hearing as fixed in the said
notice or |
18 | | fails to show cause why the name upon such register shall be
|
19 | | erased, the application to erase may be dismissed by the county |
20 | | clerk.
|
21 | | Any voter making the application is privileged from arrest |
22 | | while
presenting it to the county clerk, and while going to and |
23 | | from the office
of the county clerk.
|
24 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
25 | | (10 ILCS 5/4-15) (from Ch. 46, par. 4-15)
|
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1 | | Sec. 4-15.
Within 5 days after a person registers or |
2 | | transfers his
registration with at the office of the election |
3 | | authority county clerk , such election authority clerk shall |
4 | | send by
mail , and by electronic mail if the registrant has |
5 | | provided the election authority with an e-mail address, a |
6 | | certificate to such person setting forth the elector's name and
|
7 | | address as it appears upon the registration record card, and |
8 | | shall request
him in case of any error to present the |
9 | | certificate on or before the 7th
day next ensuing at the office |
10 | | of the election authority county clerk in order to secure
|
11 | | correction of the error. The certificate shall contain on the |
12 | | outside a
request for the postmaster to return it within 5 days |
13 | | if it cannot be
delivered to the addressee at the address given |
14 | | thereon. Upon the return by
the post office of a certificate |
15 | | which it has been unable to deliver at the
given address |
16 | | because the addressee cannot be found there or because no
such |
17 | | address exists, a notice shall be at once sent through the |
18 | | United
States mail to such person at the address appearing upon |
19 | | his registration
record card requiring him to appear before the |
20 | | election authority county clerk , within 5 days,
to answer |
21 | | questions touching his right to register. If the person |
22 | | notified
fails to appear at the election authority's county |
23 | | clerk's office within 5 days as directed or
if he appears and |
24 | | fails to prove his right to register, the election authority |
25 | | county clerk
shall mark his registration card as incomplete and |
26 | | he shall not be
permitted to vote until his registration is |
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1 | | satisfactorily completed.
|
2 | | If an elector possesses such a certificate valid on its |
3 | | face, if his
name does not expressly appear to have been erased |
4 | | or withdrawn from the
precinct list as corrected and revised as |
5 | | provided by Section 4-11 of this
Article, if he makes an |
6 | | affidavit and attaches such certificate thereto,
and if such |
7 | | affidavit substantially in the form prescribed in Section 17-10
|
8 | | of this Act is sworn to before a judge of election on suitable |
9 | | forms
provided by the election authority county clerk for that |
10 | | purpose, such elector shall be
permitted to vote even though |
11 | | his duplicate registration card is not to be
found in the |
12 | | precinct binder and even though his name is not to be found
|
13 | | upon the printed or any other list.
|
14 | | (Source: Laws 1961, p. 3394 .)
|
15 | | (10 ILCS 5/4-33)
|
16 | | Sec. 4-33. Computerization of voter records.
|
17 | | (a) The State Board of Elections shall design a |
18 | | registration record card
that, except as otherwise provided in |
19 | | this Section, shall be used in duplicate
by all election |
20 | | authorities in the State adopting a computer-based voter
|
21 | | registration file as provided in this Section. The Board shall |
22 | | prescribe the
form
and specifications, including but not |
23 | | limited to the weight of paper, color,
and print of the cards. |
24 | | The cards shall contain boxes or spaces for the
information |
25 | | required under Sections 4-8 and 4-21; provided that
the cards |
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1 | | shall also contain: (i) A space for a person to fill in his or |
2 | | her
Illinois driver's license number if the person has a |
3 | | driver's license; (ii) A
space for a person without a driver's |
4 | | license to fill in the last four digits
of his or her social |
5 | | security number if the person has a social security
number.
|
6 | | (b) The election authority may develop and implement a |
7 | | system
to prepare,
use, and maintain a computer-based voter |
8 | | registration file that includes a
computer-stored image of the |
9 | | signature of each voter. The computer-based voter
registration |
10 | | file may be used for all purposes for which the original
|
11 | | registration cards are to be used, provided that a system for |
12 | | the storage of at
least one copy of the original registration |
13 | | cards remains in effect.
In the case of voter registration |
14 | | forms received via an online voter registration system, the |
15 | | original registration cards will include the signature |
16 | | received from the Secretary of State database. The electronic |
17 | | file shall be the master file.
|
18 | | (c) Any system created, used, and maintained under |
19 | | subsection
(b) of this
Section shall meet the following |
20 | | standards:
|
21 | | (1) Access to any computer-based voter registration |
22 | | file shall be limited
to those persons authorized by the |
23 | | election authority, and each access to the
computer-based |
24 | | voter registration file, other than an access solely for
|
25 | | inquiry, shall be recorded.
|
26 | | (2) No copy, summary, list, abstract, or index of any |
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1 | | computer-based voter
registration file that includes any |
2 | | computer-stored image of the signature of
any registered |
3 | | voter shall be made available to the public outside of the
|
4 | | offices of the election authority.
|
5 | | (3) Any copy, summary, list, abstract, or index of any |
6 | | computer-based
voter
registration file that includes a |
7 | | computer-stored image of the signature of a
registered |
8 | | voter shall be produced in such a manner that it cannot be
|
9 | | reproduced.
|
10 | | (4) Each person desiring to vote shall sign an |
11 | | application for a ballot,
and the signature comparison |
12 | | authorized in Articles 17 and 18 of this Code may
be made |
13 | | to a copy of the computer-stored image of the signature of |
14 | | the
registered voter.
|
15 | | (5) Any voter list produced from a computer-based voter |
16 | | registration file
that includes computer-stored images of |
17 | | the signatures of registered voters and
is used in a |
18 | | polling place during an election shall be preserved by the
|
19 | | election authority in secure storage until the end of the |
20 | | second calendar year
following the election in which it was |
21 | | used.
|
22 | | (d) Before the first election in which the election |
23 | | authority
elects to use
a voter list produced from the |
24 | | computer-stored images of the signatures of
registered voters |
25 | | in a computer-based voter registration file for signature
|
26 | | comparison in a polling place, the State Board of Elections |
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1 | | shall certify that
the system used by the election authority |
2 | | complies with the standards set forth
in this Section. The |
3 | | State Board of Elections may request a sample poll list
|
4 | | intended to be used in a polling place to test the accuracy of |
5 | | the list and the
adequacy of the computer-stored images of the |
6 | | signatures of the registered
voters.
|
7 | | (e) With respect to a jurisdiction that has copied all of |
8 | | its
voter
signatures into a computer-based registration file, |
9 | | all references in this Act
or any other Act to the use, other |
10 | | than storage, of paper-based voter
registration records shall |
11 | | be deemed to refer to their computer-based
equivalents.
|
12 | | (f) Nothing in this Section prevents an election authority |
13 | | from
submitting to the State Board of Elections a duplicate |
14 | | copy of some, as the
State Board of Elections shall determine, |
15 | | or all of the data contained in each
voter registration record |
16 | | that is part of the electronic master file. The
duplicate copy |
17 | | of the registration record shall be maintained by the State
|
18 | | Board of Elections under the same terms and limitations |
19 | | applicable to the
election authority and shall be of equal |
20 | | legal dignity with the original
registration record maintained |
21 | | by the election authority as proof of any fact
contained in the |
22 | | voter registration record.
|
23 | | (Source: P.A. 93-574, eff. 8-21-03.)
|
24 | | (10 ILCS 5/4-50) |
25 | | Sec. 4-50. Grace period. Notwithstanding any other |
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1 | | provision of this
Code to the contrary, each election authority |
2 | | shall
establish procedures for the registration of voters and |
3 | | for change of address during the period from the close of
|
4 | | registration for a primary or election and until the 3rd day |
5 | | before the
primary or election. During this grace period, an |
6 | | unregistered qualified
elector may
register to vote, and a |
7 | | registered voter may submit a change of address form, in person |
8 | | in the office of the election
authority or at a voter |
9 | | registration location specifically designated for this
purpose |
10 | | by the election authority. The election authority shall
|
11 | | register that individual, or change a registered voter's |
12 | | address, in the same manner as otherwise provided by this |
13 | | Article for registration and change of address. |
14 | | If a voter who registers or changes address during this |
15 | | grace period wishes to vote at the first election or primary |
16 | | occurring after the grace period, he or she must do so by grace |
17 | | period voting , either in person in the office of the election |
18 | | authority or at a location specifically designated for this |
19 | | purpose by the election authority, or by mail, at the |
20 | | discretion of the election authority . The election authority |
21 | | shall offer in-person grace period voting at the authority's |
22 | | office and may offer in-person grace period voting at |
23 | | additional locations specifically designated for the purpose |
24 | | of grace period voting by the election authority. The election |
25 | | authority may allow grace period voting by mail only if the |
26 | | election authority has no ballots prepared at the authority's |
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1 | | office. Grace period voting shall be in a manner substantially |
2 | | similar to voting under Article 19. |
3 | | Within one day after a voter casts a grace period ballot, |
4 | | or within one day after the ballot is received by the election |
5 | | authority if the election authority allows grace period voting |
6 | | by mail, the election authority shall transmit by electronic |
7 | | means pursuant to a process established by the State Board of |
8 | | Elections the voter's name, street address, e-mail address, and |
9 | | precinct, ward, township, and district numbers, as the case may |
10 | | be, to the State Board of Elections, which shall maintain those |
11 | | names and that information in an electronic format on its |
12 | | website, arranged by county and accessible to State and local |
13 | | political committees. The name of each person issued a grace |
14 | | period ballot shall also be placed on the appropriate precinct |
15 | | list of persons to whom absentee and early ballots have been |
16 | | issued, for use as provided in Sections 17-9 and 18-5. |
17 | | A person who casts a grace period ballot shall not be |
18 | | permitted to revoke that ballot and vote another ballot with |
19 | | respect to that primary or election. Ballots cast by persons |
20 | | who register or change address during the grace period must be |
21 | | transmitted to and counted at the election authority's central |
22 | | ballot counting location and shall not be transmitted to and |
23 | | counted at precinct polling places.
The grace period ballots |
24 | | determined to be valid shall be added to the vote totals for |
25 | | the precincts for which they were cast in the order in which |
26 | | the ballots were opened.
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1 | | (Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
|
2 | | (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
|
3 | | Sec. 5-7. The county clerk shall provide a sufficient |
4 | | number of
blank forms for the registration of electors which |
5 | | shall be known as
registration record cards and which shall |
6 | | consist of loose leaf sheets
or cards, of suitable size to |
7 | | contain in plain writing and figures the
data hereinafter |
8 | | required thereon or shall consist of computer cards of
suitable |
9 | | nature to contain the data required thereon. The registration
|
10 | | record cards, which shall include an affidavit of registration |
11 | | as
hereinafter provided, shall be executed in duplicate.
|
12 | | The registration record card shall contain the following |
13 | | and such
other information as the county clerk may think it |
14 | | proper to require for
the identification of the applicant for |
15 | | registration:
|
16 | | Name. The name of the applicant, giving surname and first |
17 | | or
Christian name in full, and the middle name or the initial |
18 | | for such
middle name, if any.
|
19 | | Sex.
|
20 | | Residence. The name and number of the street, avenue, or |
21 | | other
location of the dwelling, including the apartment, unit |
22 | | or room number,
if any, and in the case of a mobile home the lot |
23 | | number, and such additional
clear and definite description as |
24 | | may be necessary to determine the exact
location of the |
25 | | dwelling of the applicant, including post-office mailing
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1 | | address. In the case of a homeless individual, the individual's |
2 | | voting
residence that is his or her mailing address shall be |
3 | | included on his or her
registration record card.
|
4 | | Term of residence in the State of Illinois and the |
5 | | precinct. Which
questions may be answered by the applicant |
6 | | stating, in excess of 30 days
in the State and in excess of 30 |
7 | | days in the precinct.
|
8 | | Nativity. The State or country in which the applicant was |
9 | | born.
|
10 | | Citizenship. Whether the applicant is native born or |
11 | | naturalized. If
naturalized, the court, place and date of |
12 | | naturalization.
|
13 | | Date of application for registration, i.e., the day, month |
14 | | and year
when applicant presented himself for registration.
|
15 | | Age. Date of birth, by month, day and year.
|
16 | | Physical disability of the applicant, if any, at the time |
17 | | of
registration, which would require assistance in voting.
|
18 | | The county and state in which the applicant was last |
19 | | registered.
|
20 | | Electronic mail address, if any. |
21 | | Signature of voter. The applicant, after the registration |
22 | | and in the
presence of a deputy registrar or other officer of |
23 | | registration shall be
required to sign his or her name in ink |
24 | | to the affidavit on the original
and duplicate registration |
25 | | record card.
|
26 | | Signature of Deputy Registrar.
|
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1 | | In case applicant is unable to sign his name, he may affix |
2 | | his mark
to the affidavit. In such case the officer empowered |
3 | | to give the
registration oath shall write a detailed |
4 | | description of the applicant in
the space provided at the |
5 | | bottom of the card or sheet; and shall ask the
following |
6 | | questions and record the answers thereto:
|
7 | | Father's first name .......................
|
8 | | Mother's first name .......................
|
9 | | From what address did you last register?
|
10 | | Reason for inability to sign name.
|
11 | | Each applicant for registration shall make an affidavit in
|
12 | | substantially the following form:
|
13 | | AFFIDAVIT OF REGISTRATION
|
14 | | State of Illinois)
|
15 | | )ss
|
16 | | County of )
|
17 | | I hereby swear (or affirm) that I am a citizen of the |
18 | | United States;
that on the date of the next election I shall |
19 | | have resided in the State
of Illinois and in the election |
20 | | precinct in which I reside 30 days; that
I am fully qualified |
21 | | to vote. That I intend that this location shall be
my residence |
22 | | and that the above statements are true.
|
23 | | ..............................
|
24 | | (His or her signature or mark)
|
25 | | Subscribed and sworn to before me on (insert date).
|
26 | | .........................................
|
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1 | | Signature of Registration Officer.
|
2 | | (To be signed in presence of Registrant.)
|
3 | | Space shall be provided upon the face of each registration |
4 | | record
card for the notation of the voting record of the person |
5 | | registered
thereon.
|
6 | | Each registration record card shall be numbered according |
7 | | to towns
and precincts, wards, cities and villages, as the case |
8 | | may be, and may
be serially or otherwise marked for |
9 | | identification in such manner as the
county clerk may |
10 | | determine.
|
11 | | The registration cards shall be deemed public records and |
12 | | shall be
open to inspection during regular business hours, |
13 | | except during the 27
days immediately preceding any election. |
14 | | On written request of any
candidate or objector or any person |
15 | | intending to object to a petition, the
election authority shall |
16 | | extend its hours for inspection of registration
cards and other |
17 | | records of the election authority during the period
beginning |
18 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
19 | | 28-3 and continuing through the termination of electoral board |
20 | | hearings on
any objections to petitions containing signatures |
21 | | of registered voters in
the jurisdiction of the election |
22 | | authority. The extension shall be for a
period of hours |
23 | | sufficient to allow adequate opportunity for examination of
the |
24 | | records but the election authority is not required to extend |
25 | | its hours
beyond the period beginning at its normal opening for |
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1 | | business and ending
at midnight. If the business hours are so |
2 | | extended, the election authority
shall post a public notice of |
3 | | such extended hours. Registration record cards
may also be |
4 | | inspected, upon approval of the officer in charge of the cards,
|
5 | | during the 27 days immediately preceding any election. |
6 | | Registration
record
cards shall also be open to inspection by |
7 | | certified judges and poll watchers
and challengers at the |
8 | | polling place on election day, but only to the extent
necessary |
9 | | to determine the question of the right of a person to vote or |
10 | | to
serve as a judge of election. At no time shall poll watchers |
11 | | or challengers be
allowed to physically handle the registration |
12 | | record cards.
|
13 | | Updated copies of computer tapes or computer discs or other |
14 | | electronic data
processing information containing voter |
15 | | registration information shall
be furnished by the county clerk |
16 | | within 10 days after December 15 and
May
15 each year and |
17 | | within 10 days after each registration
period is closed to the |
18 | | State Board of Elections in a form
prescribed by the
Board. For |
19 | | the purposes of this Section, a registration period is closed |
20 | | 27
days before the date of any regular or special election. |
21 | | Registration
information
shall include, but not be limited to, |
22 | | the
following information: name, sex, residence, telephone |
23 | | number, if any, age,
party affiliation, if applicable, |
24 | | precinct, ward, township, county, and
representative, |
25 | | legislative and congressional districts. In the event of
|
26 | | noncompliance, the State Board of Elections is directed to |
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1 | | obtain compliance
forthwith with this nondiscretionary duty of |
2 | | the election authority by
instituting legal proceedings in the |
3 | | circuit court of the county in which the
election authority |
4 | | maintains the registration information. The costs of
|
5 | | furnishing updated copies of tapes or discs shall be paid at a |
6 | | rate of $.00034
per name of registered voters in the election |
7 | | jurisdiction, but not less than
$50 per tape or disc and shall |
8 | | be paid from appropriations made to the State
Board of |
9 | | Elections for reimbursement to the election authority for such
|
10 | | purpose. The State Board shall furnish copies of such tapes, |
11 | | discs, other electronic
data or compilations thereof to state |
12 | | political committees registered pursuant
to the Illinois |
13 | | Campaign Finance Act or the Federal Election Campaign Act and |
14 | | to governmental entities, at
their request and at a reasonable |
15 | | cost.
To protect the privacy and confidentiality of voter |
16 | | registration information,
the disclosure
of electronic voter |
17 | | registration records to any person or entity other than to a
|
18 | | State or local political
committee and other than to a |
19 | | governmental entity for a governmental
purpose
is specifically |
20 | | prohibited except as follows: subject to security measures |
21 | | adopted by the State Board of Elections which, at a minimum, |
22 | | shall include the keeping of a catalog or database, available |
23 | | for public view, including the name, address, and telephone |
24 | | number of the person viewing the list as well as the time of |
25 | | that viewing, any person may view the centralized statewide |
26 | | voter registration list on a computer screen at the Springfield |
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1 | | office of the State Board of Elections, during normal business |
2 | | hours other than during the 27 days before an election, but the |
3 | | person viewing the list under this exception may not print, |
4 | | duplicate, transmit, or alter the list.
Copies of the tapes, |
5 | | discs or other
electronic data shall be furnished by the county |
6 | | clerk to local political
committees and governmental entities |
7 | | at their request and at a reasonable cost. Reasonable cost of |
8 | | the
tapes, discs, et cetera for this purpose would be the cost |
9 | | of duplication plus
15% for administration. The individual |
10 | | representing a political committee
requesting copies of such |
11 | | tapes shall make a sworn affidavit that the
information shall |
12 | | be used only for bona fide political purposes,
including by or |
13 | | for candidates for office or incumbent office holders.
Such |
14 | | tapes, discs or other electronic data shall not be used under |
15 | | any
circumstances by any political committee or individuals for |
16 | | purposes of
commercial solicitation or other business |
17 | | purposes. If such tapes
contain information on county residents |
18 | | related to the operations of
county government in addition to |
19 | | registration information, that
information shall not be used |
20 | | under any circumstances for commercial
solicitation or other |
21 | | business purposes. The prohibition in this
Section against |
22 | | using the computer tapes or computer discs or other
electronic |
23 | | data processing information containing voter registration
|
24 | | information for purposes of commercial solicitation or other |
25 | | business
purposes shall be prospective only from the effective |
26 | | date of this
amended Act of 1979. Any person who violates this |
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1 | | provision shall be
guilty of a Class 4 felony.
|
2 | | The State Board of Elections shall promulgate, by October |
3 | | 1, 1987, such
regulations as may be necessary to ensure |
4 | | uniformity throughout the State
in electronic data processing |
5 | | of voter registration information. The
regulations shall |
6 | | include, but need not be limited to, specifications for
uniform |
7 | | medium, communications protocol and file structure to be |
8 | | employed
by the election authorities of this State in the |
9 | | electronic data processing
of voter registration information. |
10 | | Each election authority utilizing
electronic data processing |
11 | | of voter registration information shall comply
with such |
12 | | regulations on and after May 15, 1988.
|
13 | | If the applicant for registration was last registered in |
14 | | another
county within this State, he shall also sign a |
15 | | certificate authorizing
cancellation of the former |
16 | | registration. The certificate shall be in
substantially the |
17 | | following form:
|
18 | | To the County Clerk of .... County, Illinois. To the Election
|
19 | | Commission of the City of ...., Illinois.
|
20 | | This is to certify that I am registered in your (county) |
21 | | (city) and
that my residence was .....
|
22 | | Having moved out of your (county) (city), I hereby |
23 | | authorize you to
cancel said registration in your office.
|
24 | | Dated at .... Illinois, on (insert date).
|
25 | | ....................
|
26 | | (Signature of Voter)
|
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1 | | Attest ......, County Clerk, ........ County, Illinois.
|
2 | | The cancellation certificate shall be mailed immediately |
3 | | by the
county clerk to the county clerk (or election commission |
4 | | as the case may
be) where the applicant was formerly |
5 | | registered. Receipt of such
certificate shall be full authority |
6 | | for cancellation of any previous
registration.
|
7 | | (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; |
8 | | 94-136, eff. 7-7-05.)
|
9 | | (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
|
10 | | Sec. 5-9.
Except as herein provided, no person shall be |
11 | | registered
unless he applies in person to registration officer, |
12 | | answers such
relevant questions as may be asked of him by the |
13 | | registration officer,
and executes the affidavit of |
14 | | registration. The registration officer shall
require the |
15 | | applicant to furnish two forms of identification, and except in |
16 | | the
case of a homeless individual, one of which must include |
17 | | his or her residence
address. These forms of identification |
18 | | shall include, but not be limited to,
any of the following: |
19 | | driver's license, social security card, public aid
|
20 | | identification card, utility bill, employee or student |
21 | | identification card,
lease or contract for a residence, credit |
22 | | card, or a civic, union or professional association membership |
23 | | card.
The registration officer shall require a homeless |
24 | | individual to furnish
evidence of his or her use of the mailing |
25 | | address stated. This use may be
demonstrated by a piece of mail |
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1 | | addressed to that individual and received at
that address or by |
2 | | a statement from a person authorizing use of the mailing
|
3 | | address. The registration officer shall require each applicant |
4 | | for registration
to read or have read to him the affidavit of |
5 | | registration before permitting him
to execute the affidavit.
|
6 | | One of the Deputy Registrars, the Judge of Registration, or |
7 | | an
Officer of Registration, County Clerk, or clerk in the |
8 | | office of the
County Clerk, shall administer to all persons who |
9 | | shall personally apply
to register the following oath or |
10 | | affirmation:
|
11 | | "You do solemnly swear (or affirm) that you will fully and |
12 | | truly
answer all such questions as shall be put to you touching |
13 | | your place of
residence, name, place of birth, your |
14 | | qualifications as an elector and
your right as such to register |
15 | | and vote under the laws of the State of
Illinois."
|
16 | | The Registration Officer shall satisfy himself that each |
17 | | applicant
for registration is qualified to register before |
18 | | registering him. If the
registration officer has reason to |
19 | | believe that the applicant is a resident
of a Soldiers' and |
20 | | Sailors' Home or any facility which is licensed or certified
|
21 | | pursuant to the Nursing Home Care Act, the Specialized Mental |
22 | | Health Rehabilitation Act, or the ID/DD Community Care Act, the |
23 | | following question shall be put,
"When you entered the home |
24 | | which is your present address, was it your bona fide
intention |
25 | | to become a resident thereof?" Any voter of a township, city,
|
26 | | village or incorporated town in which such applicant resides, |
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1 | | shall be
permitted to be present at the place of precinct |
2 | | registration, and shall have
the right to challenge any |
3 | | applicant who applies to be registered.
|
4 | | In case the officer is not satisfied that the applicant is |
5 | | qualified,
he shall forthwith in writing notify such applicant |
6 | | to appear before the
County Clerk to furnish further proof of |
7 | | his qualifications. Upon the
card of such applicant shall be |
8 | | written the word "Incomplete" and no
such applicant shall be |
9 | | permitted to vote unless such registration is
satisfactorily |
10 | | completed as hereinafter provided. No registration shall
be |
11 | | taken and marked as "incomplete" if information to complete it |
12 | | can be
furnished on the date of the original application.
|
13 | | Any person claiming to be an elector in any election |
14 | | precinct in such
township, city, village or incorporated town |
15 | | and whose registration is
marked "Incomplete" may make and sign |
16 | | an application in writing, under
oath, to the County Clerk in |
17 | | substance in the following form:
|
18 | | "I do solemnly swear that I, .........., did on (insert |
19 | | date) make application to the Board of Registry of the ........
|
20 | | precinct of ........ ward of the City of .... or of the |
21 | | ......... District
......... Town of .......... (or to the |
22 | | County Clerk of .............) and
............ County; that |
23 | | said Board or Clerk refused to complete my
registration as a |
24 | | qualified voter in said precinct, that I reside in said
|
25 | | precinct (or that I intend to reside in said precinct), am a |
26 | | duly qualified
voter and entitled to vote in said precinct at |
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1 | | the next election.
|
2 | | ...........................
|
3 | | (Signature of Applicant)"
|
4 | | All such applications shall be presented to the County |
5 | | Clerk by the
applicant, in person between the hours of nine |
6 | | o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of |
7 | | the third week subsequent to
the weeks in which the 1961 and |
8 | | 1962 precinct re-registrations are to be
held, and thereafter |
9 | | for the registration provided in Section 5-17 of
this Article, |
10 | | all such applications shall be presented to the County
Clerk by |
11 | | the applicant in person between the hours of nine o'clock a.m.
|
12 | | and nine o'clock p.m. on Monday and Tuesday of the third week
|
13 | | prior to the date on which such election is to be held.
|
14 | | Any otherwise qualified person who is absent from his |
15 | | county of
residence either due to business of the United States |
16 | | or because he is
temporarily outside the territorial limits of |
17 | | the United States may
become registered by mailing an |
18 | | application to the county clerk within
the periods of |
19 | | registration provided for in this Article or by simultaneous
|
20 | | application for absentee registration and absentee ballot as |
21 | | provided in
Article 20 of this Code.
|
22 | | Upon receipt of such application the county clerk shall |
23 | | immediately
mail an affidavit of registration in duplicate, |
24 | | which affidavit shall
contain the following and such other |
25 | | information as the State Board of
Elections may think it proper |
26 | | to require for the identification of the
applicant:
|
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1 | | Name. The name of the applicant, giving surname and first |
2 | | or
Christian name in full, and the middle name or the initial |
3 | | for such
middle name, if any.
|
4 | | Sex.
|
5 | | Residence. The name and number of the street, avenue or |
6 | | other
location of the dwelling, and such additional clear and |
7 | | definite
description as may be necessary to determine the exact |
8 | | location of the
dwelling of the applicant. Where the location |
9 | | cannot be determined by
street and number, then the Section, |
10 | | congressional township and range
number may be used, or such |
11 | | other information as may be necessary,
including post office |
12 | | mailing address.
|
13 | | Electronic mail address, if the registrant has provided |
14 | | this information. |
15 | | Term of residence in the State of Illinois and the |
16 | | precinct.
|
17 | | Nativity. The State or country in which the applicant was |
18 | | born.
|
19 | | Citizenship. Whether the applicant is native born or |
20 | | naturalized. If
naturalized, the court, place and date of |
21 | | naturalization.
|
22 | | Age. Date of birth, by month, day and year.
|
23 | | Out of State address of ..........................
|
24 | | AFFIDAVIT OF REGISTRATION
|
25 | | State of .........)
|
26 | | )ss
|
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1 | | County of ........)
|
2 | | I hereby swear (or affirm) that I am a citizen of the |
3 | | United States;
that on the day of the next election I shall |
4 | | have resided in the State
of Illinois for 6 months and in the |
5 | | election precinct 30 days; that I am
fully qualified to vote, |
6 | | that I am not registered to vote anywhere else
in the United |
7 | | States, that I intend to remain a resident of the State of
|
8 | | Illinois and of the election precinct, that I intend to return |
9 | | to the State
of Illinois, and that the above statements are |
10 | | true.
|
11 | | ..............................
|
12 | | (His or her signature or mark)
|
13 | | Subscribed and sworn to before me, an officer qualified to |
14 | | administer
oaths, on (insert date).
|
15 | | ........................................
|
16 | | Signature of officer administering oath.
|
17 | | Upon receipt of the executed duplicate affidavit of |
18 | | Registration, the
county clerk shall transfer the information |
19 | | contained thereon to
duplicate Registration Cards provided for |
20 | | in Section 5-7 of this Article
and shall attach thereto a copy |
21 | | of each of the duplicate affidavit of
registration and |
22 | | thereafter such registration card and affidavit shall
|
23 | | constitute the registration of such person the same as if he |
24 | | had applied
for registration in person.
|
25 | | |
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1 | | (Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; |
2 | | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; |
3 | | 97-813, eff. 7-13-12.)
|
4 | | (10 ILCS 5/5-15) (from Ch. 46, par. 5-15)
|
5 | | Sec. 5-15.
Any voter or voters in the township, city, |
6 | | village, or
incorporated town containing such precinct, and any |
7 | | precinct committeeman
in the county, may, between the hours of |
8 | | nine
o'clock a.m. and six o'clock p.m. of the Monday and |
9 | | Tuesday of the third
week immediately preceding the week in |
10 | | which such April 10, 1962 Primary
Election is to be held, make |
11 | | application in writing, before such County
Clerk, to have any |
12 | | name upon such register of any precinct erased.
Thereafter such |
13 | | application shall be made between the hours of nine o'clock
|
14 | | a.m. and six o'clock p.m. of Monday and Tuesday of the second |
15 | | week prior
to the week in which any county, city, village, |
16 | | township, or incorporated
town election is to be held. Such |
17 | | application shall be in substance, in the
words and figures |
18 | | following:
|
19 | | "I, being a qualified voter, registered from No. .... |
20 | | Street in the ....
precinct of the .... Ward of the city |
21 | | (village or town of .... ) of
the .... District .... town of |
22 | | .... do hereby solemnly swear (or affirm) that
.... registered |
23 | | from No. .... Street is not a qualified voter in the ....
|
24 | | precinct of the .... ward of the city (village or town) of .... |
25 | | or of the
.... district town of .... hence I ask that his name |
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1 | | be erased from the
register of such precinct for the following |
2 | | reason ..... Affiant further
says that he has personal |
3 | | knowledge of the facts set forth in the above
affidavit.
|
4 | | (Signed) .....
|
5 | | Subscribed and sworn to before me on (insert date).
|
6 | | ....
|
7 | | ....
|
8 | | ...."
|
9 | | Such application shall be signed and sworn to by the |
10 | | applicant before
the County Clerk or any Deputy authorized by |
11 | | the County Clerk for that
purpose, and filed with the Clerk. |
12 | | Thereupon notice of such application,
with a demand to appear |
13 | | before the County Clerk and show cause why his name
shall not |
14 | | be erased from the register, shall be mailed by special
|
15 | | delivery, duly stamped and directed, to such person, to the |
16 | | address upon
said register at least 4 days before the day fixed |
17 | | in said notice to
show cause. If such person has provided the |
18 | | election authority with an e-mail address, then the election |
19 | | authority shall also send the same notice by electronic mail at |
20 | | least 4 days before the day fixed in said notice to show cause.
|
21 | | A like notice shall be mailed to the person or persons |
22 | | making the
application to have the name upon such register |
23 | | erased to appear and show
cause why the name should be erased, |
24 | | the notice to set out the day and
hour of such hearing. If the |
25 | | voter making such application fails to appear
before the Clerk |
26 | | at the time set for the hearing as fixed in the said
notice or |
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1 | | fails to show cause why the name upon such register shall be
|
2 | | erased, the application may be dismissed by the County Clerk.
|
3 | | Any voter making such application or applications shall be |
4 | | privileged
from arrest while presenting the same to the County |
5 | | Clerk, and whilst going
to and returning from the office of the |
6 | | County Clerk.
|
7 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
8 | | (10 ILCS 5/5-21) (from Ch. 46, par. 5-21)
|
9 | | Sec. 5-21.
To each person who registers at the office of |
10 | | the county, city,
village, incorporated town or town clerk, or |
11 | | any place designated by the
Board of County Commissioners under |
12 | | section 5-17 of article 5 and within
five days thereafter, the |
13 | | election authority County Clerk shall send by mail , and |
14 | | electronic mail if the registrant has provided the election |
15 | | authority with an e-mail address, a notice setting
forth the |
16 | | elector's name and address as it appears on the registration |
17 | | record
card, and shall request him in case of any error to |
18 | | present the notice on
or before the seventh day next ensuing at |
19 | | the office of the election authority County Clerk
in order to |
20 | | secure the correction of the error. Such notice shall contain
|
21 | | on the outside a request for the postmaster to return it within |
22 | | five days
if it cannot be delivered to the addressee at the |
23 | | address given thereon.
Upon the return by the post office of |
24 | | such notice which it has been unable
to deliver at the given |
25 | | address because the addressee cannot be found there,
a notice |
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1 | | shall be at once sent through the United States mail to such |
2 | | person
at the address appearing upon his registration record |
3 | | card requiring him
to appear before the election authority |
4 | | County Clerk , within five days, to answer questions
touching |
5 | | his right to register. If the person notified fails to appear |
6 | | at
the election authority's County Clerk's office within five |
7 | | days as directed or if he appears
and fails to prove his right |
8 | | to register, the election authority County Clerk shall cancel
|
9 | | his registration.
|
10 | | (Source: P.A. 80-1469.)
|
11 | | (10 ILCS 5/5-43)
|
12 | | Sec. 5-43. Computerization of voter records.
|
13 | | (a) The State Board of Elections shall design a |
14 | | registration record card
that, except as otherwise provided in |
15 | | this Section, shall be used in duplicate
by all election |
16 | | authorities in the State adopting a computer-based voter
|
17 | | registration file as provided in this Section. The Board shall |
18 | | prescribe the
form
and specifications, including but not |
19 | | limited to the weight of paper, color,
and print of the cards. |
20 | | The cards shall contain boxes or spaces for the
information |
21 | | required under Sections 5-7 and 5-28.1; provided that
the cards |
22 | | shall also contain: (i) A space for the person to fill in his |
23 | | or
her Illinois driver's license number if the person has a |
24 | | driver's license; (ii)
A space for a person without a driver's |
25 | | license to fill in the last four digits
of his or her social |
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1 | | security number if the person has a social security
number.
|
2 | | (b) The election authority may develop and implement a |
3 | | system to
prepare,
use, and maintain a computer-based voter |
4 | | registration file that includes a
computer-stored image of the |
5 | | signature of each voter. The computer-based voter
registration |
6 | | file may be used for all purposes for which the original
|
7 | | registration cards are to be used, provided that a system for |
8 | | the storage of at
least one copy of the original registration |
9 | | cards remains in effect. In the case of voter registration |
10 | | forms received via an online voter registration system, the |
11 | | original registration cards will include the signature |
12 | | received from the Secretary of State database. The
electronic |
13 | | file shall be the master file.
|
14 | | (c) Any system created, used, and maintained under |
15 | | subsection
(b) of this
Section shall meet the following |
16 | | standards:
|
17 | | (1) Access to any computer-based voter registration |
18 | | file shall be limited
to those persons authorized by the |
19 | | election authority, and each access to the
computer-based |
20 | | voter registration file, other than an access solely for
|
21 | | inquiry, shall be recorded.
|
22 | | (2) No copy, summary, list, abstract, or index of any |
23 | | computer-based voter
registration file that includes any |
24 | | computer-stored image of the signature of
any registered |
25 | | voter shall be made available to the public outside of the
|
26 | | offices of the election authority.
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1 | | (3) Any copy, summary, list, abstract, or index of any |
2 | | computer-based
voter
registration file that includes a |
3 | | computer-stored image of the signature of a
registered |
4 | | voter shall be produced in such a manner that it cannot be
|
5 | | reproduced.
|
6 | | (4) Each person desiring to vote shall sign an |
7 | | application for a ballot,
and the signature comparison |
8 | | authorized in Articles 17 and 18 of this Code may
be made |
9 | | to a copy of the computer-stored image of the signature of |
10 | | the
registered voter.
|
11 | | (5) Any voter list produced from a computer-based voter |
12 | | registration file
that includes computer-stored images of |
13 | | the signatures of registered voters and
is used in a |
14 | | polling place during an election shall be preserved by the
|
15 | | election authority in secure storage until the end of the |
16 | | second calendar year
following the election in which it was |
17 | | used.
|
18 | | (d) Before the first election in which the election |
19 | | authority
elects to use
a voter list produced from the |
20 | | computer-stored images of the signatures of
registered voters |
21 | | in a computer-based voter registration file for signature
|
22 | | comparison in a polling place, the State Board of Elections |
23 | | shall certify that
the system used by the election authority |
24 | | complies with the standards set forth
in this Section. The |
25 | | State Board of Elections may request a sample poll list
|
26 | | intended to be used in a polling place to test the accuracy of |
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1 | | the list and the
adequacy of the computer-stored images of the |
2 | | signatures of the registered
voters.
|
3 | | (e) With respect to a jurisdiction that has copied all of |
4 | | its
voter
signatures into a computer-based registration file, |
5 | | all references in this Act
or any other Act to the use, other |
6 | | than storage, of paper-based voter
registration records shall |
7 | | be deemed to refer to their computer-based
equivalents.
|
8 | | (f) Nothing in this Section prevents an election authority |
9 | | from
submitting to the State Board of Elections a duplicate |
10 | | copy of some, as the
State Board of Elections shall determine, |
11 | | or all of the data contained in each
voter registration record |
12 | | that is part of the electronic master file. The
duplicate copy |
13 | | of the registration record shall be maintained by the State
|
14 | | Board of Elections under the same terms and limitations |
15 | | applicable to the
election authority and shall be of equal |
16 | | legal dignity with the original
registration record maintained |
17 | | by the election authority as proof of any fact
contained in the |
18 | | voter registration record.
|
19 | | (Source: P.A. 93-574, eff. 8-21-03.)
|
20 | | (10 ILCS 5/5-50) |
21 | | Sec. 5-50. Grace period. Notwithstanding any other |
22 | | provision of this
Code to the contrary, each election authority |
23 | | shall
establish procedures for the registration of voters and |
24 | | for change of address during the period from the close of
|
25 | | registration for a primary or election and until the 3rd day |
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1 | | before the
primary or election. During this grace period, an |
2 | | unregistered qualified
elector may
register to vote, and a |
3 | | registered voter may submit a change of address form, in person |
4 | | in the office of the election
authority or at a voter |
5 | | registration location specifically designated for this
purpose |
6 | | by the election authority. The election authority shall
|
7 | | register that individual, or change a registered voter's |
8 | | address, in the same manner as otherwise provided by this |
9 | | Article for registration and change of address. |
10 | | If a voter who registers or changes address during this |
11 | | grace period wishes to vote at the first election or primary |
12 | | occurring after the grace period, he or she must do so by grace |
13 | | period voting , either in person in the office of the election |
14 | | authority or at a location specifically designated for this |
15 | | purpose by the election authority, or by mail, at the |
16 | | discretion of the election authority . The election authority |
17 | | shall offer in-person grace period voting at his or her office |
18 | | and may offer in-person grace period voting at additional |
19 | | locations specifically designated for the purpose of grace |
20 | | period voting by the election authority. The election authority |
21 | | may allow grace period voting by mail only if the election |
22 | | authority has no ballots prepared at the authority's office. |
23 | | Grace period voting shall be in a manner substantially similar |
24 | | to voting under Article 19. |
25 | | Within one day after a voter casts a grace period ballot, |
26 | | or within one day after the ballot is received by the election |
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1 | | authority if the election authority allows grace period voting |
2 | | by mail, the election authority shall transmit by electronic |
3 | | means pursuant to a process established by the State Board of |
4 | | Elections the voter's name, street address, e-mail address, and |
5 | | precinct, ward, township, and district numbers, as the case may |
6 | | be, to the State Board of Elections, which shall maintain those |
7 | | names and that information in an electronic format on its |
8 | | website, arranged by county and accessible to State and local |
9 | | political committees. The name of each person issued a grace |
10 | | period ballot shall also be placed on the appropriate precinct |
11 | | list of persons to whom absentee and early ballots have been |
12 | | issued, for use as provided in Sections 17-9 and 18-5. |
13 | | A person who casts a grace period ballot shall not be |
14 | | permitted to revoke that ballot and vote another ballot with |
15 | | respect to that primary or election. Ballots cast by persons |
16 | | who register or change address during the grace period must be |
17 | | transmitted to and counted at the election authority's central |
18 | | ballot counting location and shall not be transmitted to and |
19 | | counted at precinct polling places. The grace period ballots |
20 | | determined to be valid shall be added to the vote totals for |
21 | | the precincts for which they were cast in the order in which |
22 | | the ballots were opened.
|
23 | | (Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.) |
24 | | (10 ILCS 5/6-19.5 new) |
25 | | Sec. 6-19.5. Rejection of Article by superseding county |
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1 | | board of election commissioners. In addition to any other |
2 | | method of rejection provided in this Article, when a county |
3 | | board of election commissioners is established in accordance |
4 | | with subsection (c) of Section 6A-1 in a county in which is |
5 | | located any portion of a municipality with a municipal board of |
6 | | election commissioners, the application of the provisions of |
7 | | this Article to the territory of that municipality located |
8 | | within that county is rejected.
|
9 | | (10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
|
10 | | Sec. 6-29.
For the purpose of registering voters under this |
11 | | Article,
the office of the Board of Election Commissioners |
12 | | shall be open during
ordinary business hours of each week day, |
13 | | from 9 a.m. to 12 o'clock noon
on the last four Saturdays |
14 | | immediately preceding the end of the period
of registration |
15 | | preceding each election, and such other days and such
other |
16 | | times as the board may direct. During the 27 days immediately
|
17 | | preceding any election there shall be no registration of voters |
18 | | at the
office of the Board of Election Commissioners in cities, |
19 | | villages and
incorporated towns of fewer than 200,000 |
20 | | inhabitants. In cities,
villages and incorporated towns of |
21 | | 200,000 or more inhabitants, there
shall be no registration of |
22 | | voters at the office of the Board of
Election Commissioners |
23 | | during the 35 days immediately preceding any
election; |
24 | | provided, however, where no precinct registration is being
|
25 | | conducted prior to any election then registration may be taken |
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1 | | in the
office of the Board up to and including the 28th day |
2 | | prior to such
election. The Board of Election Commissioners may |
3 | | set up and establish
as many branch offices for the purpose of |
4 | | taking registrations as it may
deem necessary, and the branch |
5 | | offices may be open on any or all dates
and hours during which |
6 | | registrations may be taken in the main office.
All officers and |
7 | | employees of the Board of Election Commissioners who
are |
8 | | authorized by such board to take registrations under this |
9 | | Article
shall be considered officers of the circuit court, and |
10 | | shall be subject
to the same control as is provided by Section |
11 | | 14-5 of this Act with
respect to judges of election.
|
12 | | In any election called for the submission of the revision |
13 | | or
alteration of, or the amendments to the Constitution, |
14 | | submitted by a
Constitutional Convention, the final day for |
15 | | registration at the office
of the election authority charged |
16 | | with the printing of the ballot of
this election shall be the |
17 | | 15th day prior to the date of election.
|
18 | | The Board of Election Commissioners shall appoint one or |
19 | | more
registration teams, consisting of 2 of its employees for |
20 | | each team, for
the purpose of accepting the registration of any |
21 | | voter who files an
affidavit, within the period for taking |
22 | | registrations provided for in
this article, that he is |
23 | | physically unable to appear at the office of
the Board or at |
24 | | any appointed place of registration. On the day or days
when a |
25 | | precinct registration is being conducted such teams shall |
26 | | consist
of one member from each of the 2 leading political |
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1 | | parties who are
serving on the Precinct Registration Board. |
2 | | Each team so designated
shall visit each disabled person and |
3 | | shall accept the registration of
such person the same as if he |
4 | | had applied for registration in person.
|
5 | | Any otherwise qualified person who is absent from his |
6 | | county of
residence due to business of the United States, or |
7 | | who is temporarily residing
outside the territorial limits of |
8 | | the United
States, may make application to become registered by |
9 | | mail to the Board
of Election Commissioners within the periods |
10 | | for registration provided
for in this Article or by |
11 | | simultaneous application for absentee registration
and |
12 | | absentee ballot as provided in Article 20 of this Code.
|
13 | | Upon receipt of such application the Board of Election |
14 | | Commissioners
shall immediately mail an affidavit of |
15 | | registration in duplicate, which
affidavit shall contain the |
16 | | following and such other information as the
State Board of |
17 | | Elections may think it proper to require for the
identification |
18 | | of the applicant:
|
19 | | Name. The name of the applicant, giving surname and first |
20 | | or
Christian name in full, and the middle name or the initial |
21 | | for such
middle name, if any.
|
22 | | Sex.
|
23 | | Residence. The name and number of the street, avenue or |
24 | | other
location of the dwelling, and such additional clear and |
25 | | definite
description as may be necessary to determine the exact |
26 | | location of the
dwelling of the applicant. Where the location |
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1 | | cannot be determined by
street and number, then the section, |
2 | | congressional township and range
number may be used, or such |
3 | | other information as may be necessary,
including post office |
4 | | mailing address.
|
5 | | Electronic mail address, if the registrant has provided |
6 | | this information. |
7 | | Term of residence in the State of Illinois and the |
8 | | precinct.
|
9 | | Nativity. The state or country in which the applicant was |
10 | | born.
|
11 | | Citizenship. Whether the applicant is native born or |
12 | | naturalized.
If naturalized, the court, place and date of |
13 | | naturalization.
|
14 | | Age. Date of birth, by month, day and year.
|
15 | | Out of State address of ..................
|
16 | | AFFIDAVIT OF REGISTRATION
|
17 | | State of .........)
|
18 | | ) ss.
|
19 | | County of ........)
|
20 | | I hereby swear (or affirm) that I am a citizen of the |
21 | | United States;
that on the day of the next election I shall |
22 | | have resided in the State
of Illinois and in the election |
23 | | precinct 30 days; that I am fully
qualified to vote, that I am |
24 | | not registered to vote anywhere else in the
United States, that |
25 | | I intend to remain a resident of the State of
Illinois, and of |
26 | | the election precinct, that I intend to return to the State
of |
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1 | | Illinois, and that the
above statements are true.
|
2 | | ..............................
|
3 | | (His or her signature or mark)
|
4 | | Subscribed and sworn to before me, an officer qualified to |
5 | | administer
oaths, on (insert date).
|
6 | | ........................................
|
7 | | Signature of officer administering oath.
|
8 | | Upon receipt of the executed duplicate affidavit of |
9 | | Registration, the
Board of Election Commissioners shall |
10 | | transfer the information contained
thereon to duplicate |
11 | | Registration Cards provided for in Section 6-35 of
this Article |
12 | | and shall attach thereto a copy of each of the duplicate
|
13 | | affidavit of registration and thereafter such registration |
14 | | card and
affidavit shall constitute the registration of such |
15 | | person the same as
if he had applied for registration in |
16 | | person.
|
17 | | (Source: P.A. 91-357, eff. 7-29-99; 92-816, eff. 8-21-02.)
|
18 | | (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
|
19 | | Sec. 6-35. The Boards of Election Commissioners shall |
20 | | provide a
sufficient number of blank forms for the registration |
21 | | of electors which
shall be known as registration record cards |
22 | | and which shall consist of
loose leaf sheets or cards, of |
23 | | suitable size to contain in plain writing
and figures the data |
24 | | hereinafter required thereon or shall consist of computer
cards |
25 | | of suitable nature to contain the data required thereon. The |
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1 | | registration
record cards, which shall include an affidavit of |
2 | | registration as
hereinafter provided, shall be executed in |
3 | | duplicate. The duplicate of
which may be a carbon copy of the |
4 | | original or a copy of the original
made by the use of other |
5 | | method or material used for making simultaneous
true copies or |
6 | | duplications.
|
7 | | The registration record card shall contain the following |
8 | | and such
other information as the Board of Election |
9 | | Commissioners may think it
proper to require for the |
10 | | identification of the applicant for
registration:
|
11 | | Name. The name of the applicant, giving surname and first |
12 | | or
Christian name in full, and the middle name or the initial |
13 | | for such
middle name, if any.
|
14 | | Sex.
|
15 | | Residence. The name and number of the street, avenue, or |
16 | | other
location of the dwelling, including the apartment, unit |
17 | | or room number,
if any, and in the case of a mobile home the lot |
18 | | number, and such additional
clear and definite description as |
19 | | may be necessary to determine the exact
location of the |
20 | | dwelling of the applicant, including post-office mailing
|
21 | | address. In the case of a homeless individual, the individual's |
22 | | voting
residence that is his or her mailing address shall be |
23 | | included on his or her
registration record card.
|
24 | | Term of residence in the State of Illinois and the |
25 | | precinct.
|
26 | | Nativity. The state or country in which the applicant was |
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1 | | born.
|
2 | | Citizenship. Whether the applicant is native born or |
3 | | naturalized. If
naturalized, the court, place, and date of |
4 | | naturalization.
|
5 | | Date of application for registration, i.e., the day, month |
6 | | and year
when the applicant presented himself for registration.
|
7 | | Age. Date of birth, by month, day and year.
|
8 | | Physical disability of the applicant, if any, at the time |
9 | | of
registration, which would require assistance in voting.
|
10 | | The county and state in which the applicant was last |
11 | | registered.
|
12 | | Electronic mail address, if any. |
13 | | Signature of voter. The applicant, after registration and |
14 | | in the
presence of a deputy registrar or other officer of |
15 | | registration shall be
required to sign his or her name in ink |
16 | | to the affidavit on both the
original and the duplicate |
17 | | registration record card.
|
18 | | Signature of deputy registrar.
|
19 | | In case applicant is unable to sign his name, he may affix |
20 | | his mark
to the affidavit. In such case the registration |
21 | | officer shall write a
detailed description of the applicant in |
22 | | the space provided at the
bottom of the card or sheet; and |
23 | | shall ask the following questions and
record the answers |
24 | | thereto:
|
25 | | Father's first name .........................
|
26 | | Mother's first name .........................
|
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1 | | From what address did you last register? ....
|
2 | | Reason for inability to sign name ...........
|
3 | | Each applicant for registration shall make an affidavit in
|
4 | | substantially the following form:
|
5 | | AFFIDAVIT OF REGISTRATION
|
6 | | State of Illinois )
|
7 | | )ss
|
8 | | County of ....... )
|
9 | | I hereby swear (or affirm) that I am a citizen of the |
10 | | United States,
that on the day of the next election I shall |
11 | | have resided in the State
of Illinois and in the election |
12 | | precinct 30 days and that I intend that
this location is my |
13 | | residence; that I am fully qualified to
vote, and that the |
14 | | above statements are true.
|
15 | | ..............................
|
16 | | (His or her signature or mark)
|
17 | | Subscribed and sworn to before me on (insert date).
|
18 | | ......................................
|
19 | | Signature of registration officer
|
20 | | (to be signed in presence of registrant).
|
21 | | Space shall be provided upon the face of each registration |
22 | | record
card for the notation of the voting record of the person |
23 | | registered
thereon.
|
24 | | Each registration record card shall be numbered according |
25 | | to wards or
precincts, as the case may be, and may be serially |
26 | | or otherwise marked
for identification in such manner as the |
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1 | | Board of Election Commissioners
may determine.
|
2 | | The registration cards shall be deemed public records and |
3 | | shall be
open to inspection during regular business hours, |
4 | | except during the 27
days immediately preceding any election. |
5 | | On written request of any
candidate or objector or any person |
6 | | intending to object to a petition, the
election authority shall |
7 | | extend its hours for inspection of registration
cards and other |
8 | | records of the election authority during the period
beginning |
9 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
10 | | 28-3 and continuing through the termination of electoral board |
11 | | hearings on
any objections to petitions containing signatures |
12 | | of registered voters in
the jurisdiction of the election |
13 | | authority. The extension shall be for a
period of hours |
14 | | sufficient to allow adequate opportunity for examination of
the |
15 | | records but the election authority is not required to extend |
16 | | its hours
beyond the period beginning at its normal opening for |
17 | | business and ending
at midnight. If the business hours are so |
18 | | extended, the election authority
shall post a public notice of |
19 | | such extended hours. Registration record cards
may also be |
20 | | inspected, upon approval of the officer in charge of the cards,
|
21 | | during the 27 days immediately preceding any election. |
22 | | Registration
record
cards shall also be open to inspection by |
23 | | certified judges and poll watchers
and challengers at the |
24 | | polling place on election day, but only to the extent
necessary |
25 | | to determine the question of the right of a person to vote or |
26 | | to
serve as a judge of election. At no time shall poll watchers |
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1 | | or challengers be
allowed to physically handle the registration |
2 | | record cards.
|
3 | | Updated copies of computer tapes or computer discs or other |
4 | | electronic data
processing information containing voter |
5 | | registration information shall
be furnished by the Board of |
6 | | Election Commissioners within 10 days after
December 15 and May |
7 | | 15 each year and within 10
days after each registration period |
8 | | is closed to the State Board
of Elections in a
form prescribed |
9 | | by the State Board. For the purposes of this Section, a
|
10 | | registration period is closed 27 days before the date of any |
11 | | regular
or special
election. Registration information shall
|
12 | | include, but not be limited to, the following information: |
13 | | name, sex,
residence, telephone number, if any, age, party |
14 | | affiliation, if
applicable, precinct, ward, township, county, |
15 | | and representative,
legislative and congressional districts. |
16 | | In the event of noncompliance,
the State Board of Elections is |
17 | | directed to obtain compliance forthwith
with this |
18 | | nondiscretionary duty of the election authority by instituting
|
19 | | legal proceedings in the circuit court of the county in which |
20 | | the election
authority maintains the registration information. |
21 | | The costs of furnishing
updated copies of tapes or discs shall |
22 | | be paid at a rate of $.00034
per name of registered voters in |
23 | | the election jurisdiction, but not less
than $50 per tape or |
24 | | disc and shall be paid from appropriations made to the
State |
25 | | Board of Elections for reimbursement to the election authority |
26 | | for
such purpose. The State Board shall furnish copies of such |
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1 | | tapes, discs,
other electronic data or compilations thereof to |
2 | | state political committees
registered pursuant to the Illinois |
3 | | Campaign Finance Act or the Federal
Election Campaign Act and |
4 | | to governmental entities, at their request and at a reasonable |
5 | | cost.
To protect the privacy and confidentiality of voter |
6 | | registration information,
the disclosure
of electronic voter |
7 | | registration records to any person or entity other than to a
|
8 | | State or local political
committee and other than to a |
9 | | governmental entity for a governmental
purpose is specifically |
10 | | prohibited except as follows: subject to security measures |
11 | | adopted by the State Board of Elections which, at a minimum, |
12 | | shall include the keeping of a catalog or database, available |
13 | | for public view, including the name, address, and telephone |
14 | | number of the person viewing the list as well as the time of |
15 | | that viewing, any person may view the centralized statewide |
16 | | voter registration list on a computer screen at the Springfield |
17 | | office of the State Board of Elections, during normal business |
18 | | hours other than during the 27 days before an election, but the |
19 | | person viewing the list under this exception may not print, |
20 | | duplicate, transmit, or alter the list.
Copies of the
tapes, |
21 | | discs or other electronic data shall be furnished by the Board |
22 | | of
Election Commissioners to local political committees and |
23 | | governmental entities at their request and at a
reasonable |
24 | | cost. Reasonable cost of the tapes, discs, et cetera for
this |
25 | | purpose would be the cost of duplication plus 15% for
|
26 | | administration. The individual representing a political |
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1 | | committee
requesting copies of such tapes shall make a sworn |
2 | | affidavit that the
information shall be used only for bona fide |
3 | | political purposes,
including by or for candidates for office |
4 | | or incumbent office holders.
Such tapes, discs or other |
5 | | electronic data shall not be used under any
circumstances by |
6 | | any political committee or individuals for purposes of
|
7 | | commercial solicitation or other business purposes. If such |
8 | | tapes
contain information on county residents related to the |
9 | | operations of
county government in addition to registration |
10 | | information, that
information shall not be used under any |
11 | | circumstances for commercial
solicitation or other business |
12 | | purposes. The prohibition in this
Section against using the |
13 | | computer tapes or computer discs or other
electronic data |
14 | | processing information containing voter registration
|
15 | | information for purposes of commercial solicitation or other |
16 | | business
purposes shall be prospective only from the effective |
17 | | date of this
amended Act of 1979. Any person who violates this |
18 | | provision shall be
guilty of a Class 4 felony.
|
19 | | The State Board of Elections shall promulgate, by October |
20 | | 1, 1987, such
regulations as may be necessary to ensure |
21 | | uniformity throughout the State
in electronic data processing |
22 | | of voter registration information. The
regulations shall |
23 | | include, but need not be limited to, specifications for
uniform |
24 | | medium, communications protocol and file structure to be |
25 | | employed
by the election authorities of this State in the |
26 | | electronic data processing
of voter registration information. |
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1 | | Each election authority utilizing
electronic data processing |
2 | | of voter registration information shall comply
with such |
3 | | regulations on and after May 15, 1988.
|
4 | | If the applicant for registration was last registered in |
5 | | another
county within this State, he shall also sign a |
6 | | certificate authorizing
cancellation of the former |
7 | | registration. The certificate shall be in
substantially the |
8 | | following form:
|
9 | | To the County Clerk of .... County, Illinois.
|
10 | | To the Election Commission of the City of ...., Illinois.
|
11 | | This is to certify that I am registered in your (county) |
12 | | (city) and
that my residence was ..... Having moved out of your |
13 | | (county), (city), I
hereby authorize you to cancel that |
14 | | registration in your office.
|
15 | | Dated at ...., Illinois, on (insert date).
|
16 | | ....................
|
17 | | (Signature of Voter)
|
18 | | Attest ...., Clerk, Election Commission of the City of....,
|
19 | | Illinois.
|
20 | | The cancellation certificate shall be mailed immediately |
21 | | by the clerk
of the Election Commission to the county clerk, |
22 | | (or Election Commission
as the case may be) where the applicant |
23 | | was formerly registered. Receipt
of such certificate shall be |
24 | | full authority for cancellation of any
previous registration.
|
25 | | (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; |
26 | | 94-136, eff. 7-7-05.)
|
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1 | | (10 ILCS 5/6-40) (from Ch. 46, par. 6-40)
|
2 | | Sec. 6-40.
Where verification lists are furnished to the |
3 | | canvassers by the
Board of Election Commissioners, immediately |
4 | | upon completion of the
canvass, the canvassers, or one of them, |
5 | | shall file with the Board of
Election Commissioners the list of |
6 | | registered voters upon which the
canvassers have made notation |
7 | | in the column headed "Remarks" as follows:
"O. K.", if they |
8 | | still reside at the address shown on the registration
list, or |
9 | | "Died", "Moved", or "Changed Name" as the case may be. Such |
10 | | lists
shall be attested to by the canvassers in an attached |
11 | | affidavit. No
canvasser shall be remunerated for services as |
12 | | canvasser until such signed
affidavit is filed with the Board |
13 | | of Election Commissioners.
|
14 | | Upon receipt by the Board of Election Commissioners of the |
15 | | completed
list and the attached affidavit as to the correctness |
16 | | of the list, the
Board of Election Commissioners shall prepare |
17 | | post card "Notices to Show
Cause Why Registration Should not be |
18 | | Cancelled" to send to each voter on
each list after whose name |
19 | | the canvassers have written "Died", "Moved", or
"Changed Name". |
20 | | They shall be sent by mail, and electronic mail if the person |
21 | | whose registration is questioned has provided the election |
22 | | authority with an e-mail address, mailed to those whose |
23 | | registration is
questioned by the Board of Election |
24 | | Commissioners not later than 10 P.M. on
Friday of the week of |
25 | | the canvass. The affidavits made by the canvassers
showing the |
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1 | | names and addresses of such canvassers shall be a public record
|
2 | | for 60 days.
|
3 | | The Board of Election Commissioners shall also prepare a |
4 | | correct list of
those registered voters in each precinct who |
5 | | are designated "O.K." in the
remarks column by the canvassers |
6 | | and supplemental lists after the hearings
on "Notices to Show |
7 | | Cause Why Registration Should Not be Cancelled"; such
lists to |
8 | | be called "Printed Register of Registered Voters" of a given |
9 | | date
and supplements thereto.
|
10 | | It shall be the duty of the Board of Election Commissioners |
11 | | when
complaint is made to them, to investigate the action of |
12 | | such canvassers and
to cause them or either of them to be |
13 | | brought before the circuit court and
to prosecute them as for |
14 | | contempt, and also at the discretion of the Board
of Election |
15 | | Commissioners, to cause them to be prosecuted criminally for
|
16 | | such wilful neglect of duty.
|
17 | | (Source: Laws 1965, p. 3501.)
|
18 | | (10 ILCS 5/6-57) (from Ch. 46, par. 6-57)
|
19 | | Sec. 6-57.
To each person who registers at the office of |
20 | | the board of
election commissioners or at any place designated |
21 | | by such board under
Section 6-51 of this Article, after the |
22 | | first registration under this
Article, the board shall send by |
23 | | mail , and electronic mail if the registrant has provided the |
24 | | board of election committees with an e-mail address, a notice |
25 | | setting forth the elector's
name and address as it appears on |
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1 | | the registration record card, and shall
request him in case of |
2 | | any error to present the notice on or before the
tenth day next |
3 | | ensuing at the office of the Board of Election Commissioners
in |
4 | | order to secure the correction of the error. Such notice shall |
5 | | contain
on the outside a request for the postmaster to return |
6 | | it within five days
if it cannot be delivered to the addressee |
7 | | at the address given thereon.
Upon the return by the post |
8 | | office of any such notice which it has been
unable to deliver |
9 | | at the given address because the addressee cannot be
found |
10 | | there, a notice shall be at once sent through the United States |
11 | | mail
to such person at the address appearing upon his |
12 | | registration record card
requiring him to appear before the |
13 | | Board of Election Commissioners at a
time and place specified |
14 | | in the notice and show cause why his name should
not be |
15 | | cancelled from the register. Thereafter, proceedings shall be, |
16 | | as
nearly as may be, in conformity with those established by |
17 | | Section 6-52 of
this Article with respect to applications to |
18 | | complete registration. Such
notice may be sent at any time |
19 | | within thirty days after the registration of
any person, but |
20 | | such notice shall be sent within five days after the last
day |
21 | | of registration before any election, to all persons who have |
22 | | registered
since the last preceding election, and to whom no |
23 | | such notice has
theretofore been sent; and where the addressee |
24 | | cannot be found, notice
requiring such person to appear before |
25 | | the board of election commissioners
shall specify dates for |
26 | | hearing before the election not later than those
prescribed by |
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1 | | Section 6-45 of this Article.
|
2 | | (Source: Laws 1951, p. 1795 .)
|
3 | | (10 ILCS 5/6-79)
|
4 | | Sec. 6-79. Computerization of voter records.
|
5 | | (a) The State Board of Elections shall design a |
6 | | registration record card
that, except as otherwise provided in |
7 | | this Section, shall be used in duplicate
by all election |
8 | | authorities in the State adopting a computer-based voter
|
9 | | registration file as provided in this Section. The Board shall |
10 | | prescribe the
form
and specifications, including but not |
11 | | limited to the weight of paper, color,
and print of the cards. |
12 | | The cards shall contain boxes or spaces for the
information |
13 | | required under Sections 6-31.1 and 6-35; provided
that
the |
14 | | cards shall also contain: (i) A space for the person to fill in |
15 | | his or
her Illinois driver's license number if the person has a |
16 | | driver's license; (ii)
A space for a person without a driver's |
17 | | license to fill in the last four digits
of his or her social |
18 | | security number if the person has a social security
number.
|
19 | | (b) The election authority may develop and implement a |
20 | | system to
prepare,
use, and maintain a computer-based voter |
21 | | registration file that includes a
computer-stored image of the |
22 | | signature of each voter. The computer-based voter
registration |
23 | | file may be used for all purposes for which the original
|
24 | | registration cards are to be used, provided that a system for |
25 | | the storage of at
least one copy of the original registration |
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1 | | cards remains in effect.
In the case of voter registration |
2 | | forms received via an online voter registration system, the |
3 | | original registration cards will include the signature |
4 | | received from the Secretary of State database. The electronic |
5 | | file shall be the master file.
|
6 | | (c) Any system created, used, and maintained under |
7 | | subsection
(b) of this
Section shall meet the following |
8 | | standards:
|
9 | | (1) Access to any computer-based voter registration |
10 | | file shall be limited
to those persons authorized by the |
11 | | election authority, and each access to the
computer-based |
12 | | voter registration file, other than an access solely for
|
13 | | inquiry, shall be recorded.
|
14 | | (2) No copy, summary, list, abstract, or index of any |
15 | | computer-based voter
registration file that includes any |
16 | | computer-stored image of the signature of
any registered |
17 | | voter shall be made available to the public outside of the
|
18 | | offices of the election authority.
|
19 | | (3) Any copy, summary, list, abstract, or index of any |
20 | | computer-based
voter
registration file that includes a |
21 | | computer-stored image of the signature of a
registered |
22 | | voter shall be produced in such a manner that it cannot be
|
23 | | reproduced.
|
24 | | (4) Each person desiring to vote shall sign an |
25 | | application for a ballot,
and the signature comparison |
26 | | authorized in Articles 17 and 18 of this Code may
be made |
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1 | | to a copy of the computer-stored image of the signature of |
2 | | the
registered voter.
|
3 | | (5) Any voter list produced from a computer-based voter |
4 | | registration file
that includes computer-stored images of |
5 | | the signatures of registered voters and
is used in a |
6 | | polling place during an election shall be preserved by the
|
7 | | election authority in secure storage until the end of the |
8 | | second calendar year
following the election in which it was |
9 | | used.
|
10 | | (d) Before the first election in which the election |
11 | | authority
elects to use
a voter list produced from the |
12 | | computer-stored images of the signatures of
registered voters |
13 | | in a computer-based voter registration file for signature
|
14 | | comparison in a polling place, the State Board of Elections |
15 | | shall certify that
the system used by the election authority |
16 | | complies with the standards set forth
in this Section. The |
17 | | State Board of Elections may request a sample poll list
|
18 | | intended to be used in a polling place to test the accuracy of |
19 | | the list and the
adequacy of the computer-stored images of the |
20 | | signatures of the registered
voters.
|
21 | | (e) With respect to a jurisdiction that has copied all of |
22 | | its
voter
signatures into a computer-based registration file, |
23 | | all references in this Act
or any other Act to the use, other |
24 | | than storage, of paper-based voter
registration records shall |
25 | | be deemed to refer to their computer-based
equivalents.
|
26 | | (f) Nothing in this Section prevents an election authority |
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1 | | from
submitting to the State Board of Elections a duplicate |
2 | | copy of some, as the
State Board of Elections shall determine, |
3 | | or all of the data contained in each
voter registration record |
4 | | that is part of the electronic master file. The
duplicate copy |
5 | | of the registration record shall be maintained by the State
|
6 | | Board of Elections under the same terms and limitations |
7 | | applicable to the
election authority and shall be of equal |
8 | | legal dignity with the original
registration record maintained |
9 | | by the election authority as proof of any fact
contained in the |
10 | | voter registration record.
|
11 | | (Source: P.A. 93-574, eff. 8-21-03.)
|
12 | | (10 ILCS 5/6-100) |
13 | | Sec. 6-100. Grace period. Notwithstanding any other |
14 | | provision of this
Code to the contrary, each election authority |
15 | | shall
establish procedures for the registration of voters and |
16 | | for change of address during the period from the close of
|
17 | | registration for a primary or election and until the 3rd day |
18 | | before the
primary or election. During this grace period, an |
19 | | unregistered qualified
elector may
register to vote, and a |
20 | | registered voter may submit a change of address form, in person |
21 | | in the office of the election
authority or at a voter |
22 | | registration location specifically designated for this
purpose |
23 | | by the election authority. The election authority shall
|
24 | | register that individual, or change a registered voter's |
25 | | address, in the same manner as otherwise provided by this |
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1 | | Article for registration and change of address. |
2 | | If a voter who registers or changes address during this |
3 | | grace period wishes to vote at the first election or primary |
4 | | occurring after the grace period , he or she must do so by grace |
5 | | period voting, either in person in the office of the election |
6 | | authority or at a location specifically designated for this |
7 | | purpose by the election authority, or by mail, at the |
8 | | discretion of the election authority . The election authority |
9 | | shall offer in-person grace period voting at the authority's |
10 | | office and may offer in-person grace period voting at |
11 | | additional locations specifically designated for the purpose |
12 | | of grace period voting by the election authority. The election |
13 | | authority may allow grace period voting by mail only if the |
14 | | election authority has no ballots prepared at the authority's |
15 | | office. Grace period voting shall be in a manner substantially |
16 | | similar to voting under Article 19. |
17 | | Within one day after a voter casts a grace period ballot, |
18 | | or within one day after the ballot is received by the election |
19 | | authority if the election authority allows grace period voting |
20 | | by mail, the election authority shall transmit by electronic |
21 | | means pursuant to a process established by the State Board of |
22 | | Elections the voter's name, street address, e-mail address, and |
23 | | precinct, ward, township, and district numbers, as the case may |
24 | | be, to the State Board of Elections, which shall maintain those |
25 | | names and that information in an electronic format on its |
26 | | website, arranged by county and accessible to State and local |
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1 | | political committees. The name of each person issued a grace |
2 | | period ballot shall also be placed on the appropriate precinct |
3 | | list of persons to whom absentee and early ballots have been |
4 | | issued, for use as provided in Sections 17-9 and 18-5. |
5 | | A person who casts a grace period ballot shall not be |
6 | | permitted to revoke that ballot and vote another ballot with |
7 | | respect to that primary or election. Ballots cast by persons |
8 | | who register or change address during the grace period must be |
9 | | transmitted to and counted at the election authority's central |
10 | | ballot counting location and shall not be transmitted to and |
11 | | counted at precinct polling places. The grace period ballots |
12 | | determined to be valid shall be added to the vote totals for |
13 | | the precincts for which they were cast in the order in which |
14 | | the ballots were opened.
|
15 | | (Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
|
16 | | (10 ILCS 5/6A-1) (from Ch. 46, par. 6A-1)
|
17 | | Sec. 6A-1.
|
18 | | (a) Any county in which there is no city, village or |
19 | | incorporated town
with a board of election commissioners may |
20 | | establish a county board of
election commissioners either (1) |
21 | | by ordinance of the county board or
(2) by vote of the electors |
22 | | of the county in accordance with subsection (a) of Section
|
23 | | 6A-2.
|
24 | | The fact that some territory in a county is within the |
25 | | corporate
limits of a city, village or incorporated town with a |
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1 | | board of election
commissioners does not prevent that county |
2 | | from establishing a county
board of election commissioners in |
3 | | accordance with this Article if no
portion of such city, |
4 | | village or incorporated town was within the county
at the time |
5 | | of the establishment of the board of election commissioners
for |
6 | | such city, village or incorporated town. If such a county
|
7 | | establishes a county board of election commissioners pursuant |
8 | | to this
Article, the county board of election commissioners |
9 | | shall, with respect
to the territory in the county within the |
10 | | corporate limits of the city,
village or incorporated town, |
11 | | supersede the board of election
commissioners of that city, |
12 | | village or incorporated town.
|
13 | | (b) Any county with a population of more than 700,000 |
14 | | persons as of the 2010 federal decennial census that borders |
15 | | another state and borders no more than 2 other Illinois |
16 | | counties, shall be subject to a county board of election |
17 | | commissioners beginning 90 days after the effective date of |
18 | | this amendatory Act of the 98th General Assembly. |
19 | | (c) Any county with a population of less than 200,000 but |
20 | | more than 175,000 persons as of the 2010 federal decennial |
21 | | census in which a city, village, or incorporated town with a |
22 | | board of election commissioners is located may establish a |
23 | | county board of election commissioners by vote of the electors |
24 | | of the county in accordance with subsection (b) of Section |
25 | | 6A-2. If such a county establishes a county board of election |
26 | | commissioners, the county board of election commissioners, |
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1 | | with respect to the territory in the county within the |
2 | | corporate limits of the city, village, or incorporated town, |
3 | | shall supersede the board of election commissioners of that |
4 | | city, village, or incorporated town. |
5 | | (Source: P.A. 81-1433.)
|
6 | | (10 ILCS 5/6A-2) (from Ch. 46, par. 6A-2)
|
7 | | Sec. 6A-2. Submission to voters. |
8 | | (a) Whenever registered voters in a the county described in |
9 | | subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8
|
10 | | of the number voting at the last preceding general election in |
11 | | the county,
whichever is less, petition the circuit court to |
12 | | submit to the electors of
the county a proposition to establish |
13 | | a county board of election
commissioners, the circuit court |
14 | | shall cause such proposition to be
submitted to the electors of |
15 | | the county at the next succeeding general
election. |
16 | | (b) If the county board of a county described in subsection |
17 | | (c) of Section 6A-1 passes an ordinance or resolution |
18 | | establishing a county board of election commissioners, then the |
19 | | proposition to establish a county board of election |
20 | | commissioners shall be submitted to the electors of that county |
21 | | at the next possible general election. The board shall certify |
22 | | the ordinance or resolution and the proposition to the proper |
23 | | election officials who shall submit the proposition at the next |
24 | | general election in accordance with the general election law. |
25 | | (c) The proposition shall be submitted in the same manner |
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1 | | as provided
in Article 6 for the adoption of Articles 6, 14 and |
2 | | 18 by cities, villages
and incorporated towns, except that the |
3 | | question shall be stated: "Shall a
board of election |
4 | | commissioners be established for .... County?"
|
5 | | (Source: P.A. 78-465.)
|
6 | | (10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
|
7 | | Sec. 6A-3. Commissioners; filling vacancies. |
8 | | (a) If the county board adopts an ordinance providing for |
9 | | the
establishment of a county board of election commissioners, |
10 | | or if a
majority of the votes cast on a proposition submitted |
11 | | in accordance with
Section 6A-2 (a) are in favor of a county |
12 | | board of election commissioners, a
county board of election |
13 | | commissioners shall be appointed in the same
manner as is |
14 | | provided in Article 6 for boards of election commissioners
in |
15 | | cities, villages and incorporated towns, except that the county |
16 | | board of
election commissioners shall be appointed by the |
17 | | chairman of the county board
rather than the circuit court. |
18 | | However, before any
appointments are made, the appointing |
19 | | authority shall ascertain whether
the county clerk desires to |
20 | | be a member of the county board of election
commissioners. If |
21 | | the county clerk so
desires, he shall be one of the
members of |
22 | | the county board of election commissioners, and the
appointing |
23 | | authority shall appoint only 2 other members.
|
24 | | (b) For any county board of election commissioners |
25 | | established under subsection (b) of Section 6A-1, within 30 |
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1 | | days after the effective date of this amendatory Act of the |
2 | | 98th General Assembly, the chief judge of the circuit court of |
3 | | the county shall appoint 5 commissioners. At least 4 of those |
4 | | commissioners shall be selected from the 2 major established |
5 | | political parties of the State, with at least 2 from each of |
6 | | those parties. Such appointment shall be entered of record in |
7 | | the office of the County Clerk and the State Board of |
8 | | Elections. Those first appointed shall hold their offices for |
9 | | the period of one, 2, and 3 years respectively, and the judge |
10 | | appointing them shall designate the term for which each |
11 | | commissioner shall hold his or her office, whether for one, 2 |
12 | | or 3 years except that no more than one commissioner from each |
13 | | major established political party may be designated the same |
14 | | term. After the initial term, each commissioner or his or her |
15 | | successor shall be appointed to a 3 year term. No elected |
16 | | official or former elected official who has been out of elected |
17 | | office for less than 2 years may be appointed to the board. |
18 | | Vacancies shall be filled by the chief judge of the circuit |
19 | | court within 30 days of the vacancy in a manner that maintains |
20 | | the foregoing political party representation. |
21 | | (c) For any county board of election commissioners |
22 | | established under subsection (c) of Section 6A-1, within 30 |
23 | | days after the conclusion of the election at which the |
24 | | proposition to establish a county board of election |
25 | | commissioners is approved by the voters, the municipal board |
26 | | shall apply to the circuit court of the county for the chief |
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1 | | judge of the circuit court to appoint 2 additional |
2 | | commissioners, one of whom shall be from each major established |
3 | | political party and neither of whom shall reside within the |
4 | | limits of the municipal board, so that 3 commissioners shall |
5 | | reside within the limits of the municipal board and 2 shall |
6 | | reside within the county but not within the municipality, as it |
7 | | may exist from time to time. Not more than 3 of the |
8 | | commissioners shall be members of the same major established |
9 | | political party. Vacancies shall be filled by the chief judge |
10 | | of the circuit court upon application of the remaining |
11 | | commissioners in a manner that maintains the foregoing |
12 | | geographical and political party representation. |
13 | | (Source: P.A. 91-358, eff. 7-29-99.)
|
14 | | (10 ILCS 5/6A-4) (from Ch. 46, par. 6A-4)
|
15 | | Sec. 6A-4. Transfer of records. Upon the opening of an the |
16 | | office of a the county board of election
commissioners, the |
17 | | county clerk and any municipal board of election commissioners |
18 | | in the county shall turn over to such county board all registry
|
19 | | books, registration record cards, poll books, tally sheets and |
20 | | ballot boxes
and all other books, forms, blanks and stationery |
21 | | of every description in the clerk's or municipal board's |
22 | | possession
his hands in any way relating to elections or the |
23 | | holding of elections in
the county and any unused |
24 | | appropriations related to elections or the holding of elections |
25 | | in the county . Thereupon, all functions, powers and duties of |
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1 | | the county clerk ,
or the county board , or the municipal board |
2 | | relating to elections in that county are transferred to the |
3 | | county
board of election commissioners.
|
4 | | (Source: P.A. 78-465.)
|
5 | | (10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
|
6 | | Sec. 8-9.
All petitions for nomination shall be filed by |
7 | | mail or in
person as follows:
|
8 | | (1) Where the nomination is made for a legislative |
9 | | office, such
petition for nomination shall be filed in the |
10 | | principal office of the
State Board of Elections not more |
11 | | than 113 and not less than 106 days
prior to the date of |
12 | | the primary.
|
13 | | (2) The State Board of Elections shall, upon receipt of |
14 | | each
petition, endorse thereon the day and hour on which it |
15 | | was filed.
Petitions filed by mail and received after |
16 | | midnight on the first day for
filing and in the first mail |
17 | | delivery or pickup of that day, shall be deemed
as filed as |
18 | | of 8:00 a.m. of that day or as of the normal opening hour |
19 | | of
such day as the case may be, and all petitions received |
20 | | thereafter shall be
deemed as filed in the order of actual |
21 | | receipt. However, 2 or more petitions filed within the last |
22 | | hour of the filing deadline shall be deemed to have been |
23 | | filed simultaneously. Where 2 or more petitions
are |
24 | | received simultaneously, the State Board of Elections |
25 | | shall break ties
and determine the order of filing, by |
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1 | | means of a lottery as provided in
Section 7-12 of this |
2 | | Code.
|
3 | | (3) Any person for whom a petition for nomination has |
4 | | been filed,
may cause his name to be withdrawn by a request |
5 | | in writing, signed by
him, duly acknowledged before an |
6 | | officer qualified to take
acknowledgments of deeds, and |
7 | | filed in the principal or permanent branch
office of the |
8 | | State Board of Elections not later than the date of
|
9 | | certification of candidates for the general primary |
10 | | ballot, and no names so
withdrawn shall be certified by the |
11 | | State Board
of Elections to the county clerk, or printed on |
12 | | the primary ballot. If
petitions for nomination have been |
13 | | filed for the same person with
respect to more than one |
14 | | political party, his name shall not be
certified nor |
15 | | printed on the primary ballot of any party. If petitions
|
16 | | for nomination have been filed for the same person for 2 or |
17 | | more offices
which are incompatible so that the same person |
18 | | could not serve in more
than one of such offices if |
19 | | elected, that person must withdraw as a
candidate for all |
20 | | but one of such offices within the 5 business days |
21 | | following
the last day for petition filing. If he fails to |
22 | | withdraw as a candidate for
all but one of such offices |
23 | | within such time, his name shall not be
certified, nor |
24 | | printed on the primary ballot, for any office. For the
|
25 | | purpose of the foregoing provisions, an office in a |
26 | | political party is
not incompatible with any other office.
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1 | | (4) If multiple sets of nomination papers are filed for |
2 | | a candidate to
the same office, the State Board of |
3 | | Elections shall within 2 business days
notify the candidate |
4 | | of his or her multiple petition filings and that the
|
5 | | candidate has 3 business days after receipt of the notice |
6 | | to notify the
State Board of Elections that he or she may |
7 | | cancel prior sets of petitions.
If the candidate notifies |
8 | | the State Board of Elections the last set of
petitions |
9 | | filed shall be the only petitions to be considered valid by |
10 | | the State
Board of Elections. If the candidate fails to |
11 | | notify the State Board then
only the first set of petitions |
12 | | filed shall be valid and all subsequent
petitions shall be |
13 | | void.
|
14 | | (Source: P.A. 96-1008, eff. 7-6-10.)
|
15 | | (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
|
16 | | Sec. 9-1.8. Political committees. |
17 | | (a) "Political committee" includes a candidate political |
18 | | committee, a political party committee, a political action |
19 | | committee, a ballot initiative committee, and an independent |
20 | | expenditure committee. |
21 | | (b) "Candidate political committee" means the candidate |
22 | | himself or herself or any natural person, trust, partnership, |
23 | | corporation, or other organization or group of persons |
24 | | designated by the candidate that accepts contributions or makes |
25 | | expenditures during any 12-month period in an aggregate amount |
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1 | | exceeding $5,000 $3,000 on behalf of the candidate. |
2 | | (c) "Political party committee" means the State central |
3 | | committee of a political party, a county central committee of a |
4 | | political party, a legislative caucus committee, or a committee |
5 | | formed by a ward or township committeeman of a political party. |
6 | | For purposes of this Article, a "legislative caucus committee" |
7 | | means a committee established for the purpose of electing |
8 | | candidates to the General Assembly by the person elected |
9 | | President of the Senate, Minority Leader of the Senate, Speaker |
10 | | of the House of Representatives, Minority Leader of the House |
11 | | of Representatives, or a committee established by 5 or more |
12 | | members of the same caucus of the Senate or 10 or more members |
13 | | of the same caucus of the House of Representatives. |
14 | | (d) "Political action committee" means any natural person, |
15 | | trust, partnership, committee, association, corporation, or |
16 | | other organization or group of persons, other than a candidate, |
17 | | political party, candidate political committee, or political |
18 | | party committee, that accepts contributions or makes |
19 | | expenditures during any 12-month period in an aggregate amount |
20 | | exceeding $5,000 $3,000 on behalf of or in opposition to a |
21 | | candidate or candidates for public office. "Political action |
22 | | committee" includes any natural person, trust, partnership, |
23 | | committee, association, corporation, or other organization or |
24 | | group of persons, other than a candidate, political party, |
25 | | candidate political committee, or political party committee, |
26 | | that makes electioneering communications during any 12-month |
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1 | | period in an aggregate amount exceeding $5,000 $3,000 related |
2 | | to any candidate or candidates for public office. |
3 | | (e) "Ballot initiative committee" means any natural |
4 | | person, trust, partnership, committee, association, |
5 | | corporation, or other organization or group of persons that |
6 | | accepts contributions or makes expenditures during any |
7 | | 12-month period in an aggregate amount exceeding $5,000 $3,000 |
8 | | in support of or in opposition to any question of public policy |
9 | | to be submitted to the electors. "Ballot initiative committee" |
10 | | includes any natural person, trust, partnership, committee, |
11 | | association, corporation, or other organization or group of |
12 | | persons that makes electioneering communications during any |
13 | | 12-month period in an aggregate amount exceeding $5,000 $3,000 |
14 | | related to any question of public policy to be submitted to the |
15 | | voters. The $5,000 $3,000 threshold applies to any |
16 | | contributions or expenditures received or made with the purpose |
17 | | of securing a place on the ballot for, advocating the defeat or |
18 | | passage of, or engaging in electioneering communication |
19 | | regarding the question of public policy, regardless of the |
20 | | method of initiation of the question of public policy and |
21 | | regardless of whether petitions have been circulated or filed |
22 | | with the appropriate office or whether the question has been |
23 | | adopted and certified by the governing body. |
24 | | (f) "Independent expenditure committee" means any trust, |
25 | | partnership, committee, association, corporation, or other |
26 | | organization or group of persons formed for the exclusive
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1 | | purpose of making independent expenditures during any 12-month |
2 | | period in an aggregate amount exceeding $5,000 $3,000 in |
3 | | support of or in opposition to (i) the nomination for election, |
4 | | election, retention, or defeat of any public official or |
5 | | candidate or (ii) any question of public policy to be submitted |
6 | | to the electors. "Independent expenditure committee" also |
7 | | includes any trust, partnership, committee, association, |
8 | | corporation, or other organization or group of persons that |
9 | | makes electioneering communications that are not made in |
10 | | connection, consultation, or concert with or at the request or |
11 | | suggestion of a public official or candidate, a public |
12 | | official's or candidate's designated political committee or |
13 | | campaign, or an agent or agents of the public official, |
14 | | candidate, or political committee or campaign during any |
15 | | 12-month period in an aggregate amount exceeding $5,000 $3,000 |
16 | | related to (i) the nomination for election, election, |
17 | | retention, or defeat of any public official or candidate or |
18 | | (ii) any question of public policy to be submitted to the |
19 | | voters.
|
20 | | (Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
|
21 | | (10 ILCS 5/9-8.5) |
22 | | Sec. 9-8.5. Limitations on campaign contributions. |
23 | | (a) It is unlawful for a political committee to accept |
24 | | contributions except as provided in this Section. |
25 | | (b) During an election cycle, a candidate political |
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1 | | committee may not accept contributions with an aggregate value |
2 | | over the following: (i) $5,000 from any individual, (ii) |
3 | | $10,000 from any corporation, labor organization, or |
4 | | association, or (iii) $50,000 from a candidate political |
5 | | committee or political action committee. A candidate political |
6 | | committee may accept contributions in any amount from a |
7 | | political party committee except during an election cycle in |
8 | | which the candidate seeks nomination at a primary election. |
9 | | During an election cycle in which the candidate seeks |
10 | | nomination at a primary election, a candidate political |
11 | | committee may not accept contributions from political party |
12 | | committees with an aggregate value over the following: (i) |
13 | | $200,000 for a candidate political committee established to |
14 | | support a candidate seeking nomination to statewide office, |
15 | | (ii) $125,000 for a candidate political committee established |
16 | | to support a candidate seeking nomination to the Senate, the |
17 | | Supreme Court or Appellate Court in the First Judicial |
18 | | District, or an office elected by all voters in a county with |
19 | | 1,000,000 or more residents, (iii) $75,000 for a candidate |
20 | | political committee established to support a candidate seeking |
21 | | nomination to the House of Representatives, the Supreme Court |
22 | | or Appellate Court for a Judicial District other than the First |
23 | | Judicial District, an office elected by all voters of a county |
24 | | of fewer than 1,000,000 residents, and municipal and county |
25 | | offices in Cook County other than those elected by all voters |
26 | | of Cook County, and (iv) $50,000 for a candidate political |
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1 | | committee established to support the nomination of a candidate |
2 | | to any other office.
A candidate political committee |
3 | | established to elect a candidate to the General Assembly may |
4 | | accept contributions from only one legislative caucus |
5 | | committee. A candidate political committee may not accept |
6 | | contributions from a ballot initiative committee or from an
|
7 | | independent expenditure committee. |
8 | | (c) During an election cycle, a political party committee |
9 | | may not accept contributions with an aggregate value over the |
10 | | following: (i) $10,000 from any individual, (ii) $20,000 from |
11 | | any corporation, labor organization, or association, or (iii) |
12 | | $50,000 from a political action committee. A political party |
13 | | committee may accept contributions in any amount from another |
14 | | political party committee or a candidate political committee, |
15 | | except as provided in subsection (c-5). Nothing in this Section |
16 | | shall limit the amounts that may be transferred between a |
17 | | political party committee established under subsection (a) of |
18 | | Section 7-8 of this Code and an affiliated federal political |
19 | | committee established under the Federal Election Code by the |
20 | | same political party. A political party committee may not |
21 | | accept contributions from a ballot initiative committee or from |
22 | | an
independent expenditure committee. A political party |
23 | | committee established by a legislative caucus may not accept |
24 | | contributions from another political party committee |
25 | | established by a legislative caucus. |
26 | | (c-5) During the period beginning on the date candidates |
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1 | | may begin circulating petitions for a primary election and |
2 | | ending on the day of the primary election, a political party |
3 | | committee may not accept contributions with an aggregate value |
4 | | over $50,000 from a candidate political committee or political |
5 | | party committee. A political party committee may accept |
6 | | contributions in any amount from a candidate political |
7 | | committee or political party committee if the political party |
8 | | committee receiving the contribution filed a statement of |
9 | | nonparticipation in the primary as provided in subsection |
10 | | (c-10). The Task Force on Campaign Finance Reform shall study |
11 | | and make recommendations on the provisions of this subsection |
12 | | to the Governor and General Assembly by September 30, 2012. |
13 | | This subsection becomes inoperative on July 1, 2013 and |
14 | | thereafter no longer applies. |
15 | | (c-10) A political party committee that does not intend to |
16 | | make contributions to candidates to be nominated at a general |
17 | | primary election or consolidated primary election may file a |
18 | | Statement of Nonparticipation in a Primary Election with the |
19 | | Board. The Statement of Nonparticipation shall include a |
20 | | verification signed by the chairperson and treasurer of the |
21 | | committee that (i) the committee will not make contributions or |
22 | | coordinated expenditures in support of or opposition to a |
23 | | candidate or candidates to be nominated at the general primary |
24 | | election or consolidated primary election (select one) to be |
25 | | held on (insert date), (ii) the political party committee may |
26 | | accept unlimited contributions from candidate political |
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1 | | committees and political party committees, provided that the |
2 | | political party committee does not make contributions to a |
3 | | candidate or candidates to be nominated at the primary |
4 | | election, and (iii) failure to abide by these requirements |
5 | | shall deem the political party committee in violation of this |
6 | | Article and subject the committee to a fine of no more than |
7 | | 150% of the total contributions or coordinated expenditures |
8 | | made by the committee in violation of this Article. This |
9 | | subsection becomes inoperative on July 1, 2013 and thereafter |
10 | | no longer applies. |
11 | | (d) During an election cycle, a political action committee |
12 | | may not accept contributions with an aggregate value over the |
13 | | following: (i) $10,000 from any individual, (ii) $20,000 from |
14 | | any corporation, labor organization, political party |
15 | | committee, or association, or (iii) $50,000 from a political |
16 | | action committee or candidate political committee. A political |
17 | | action committee may not accept contributions from a ballot |
18 | | initiative committee or from an
independent expenditure |
19 | | committee. |
20 | | (e) A ballot initiative committee may accept contributions |
21 | | in any amount from any source, provided that the committee |
22 | | files the document required by Section 9-3 of this Article and |
23 | | files the disclosure reports required by the provisions of this |
24 | | Article. |
25 | | (e-5) An independent expenditure committee may accept |
26 | | contributions in any amount from any source, provided that the |
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1 | | committee files the document required by Section 9-3 of this |
2 | | Article and files the disclosure reports required by the |
3 | | provisions of this Article. |
4 | | (f) Nothing in this Section shall prohibit a political |
5 | | committee from dividing the proceeds of joint fundraising |
6 | | efforts; provided that no political committee may receive more |
7 | | than the limit from any one contributor, and provided that an |
8 | | independent
expenditure committee may not conduct joint |
9 | | fundraising efforts with a
candidate political committee or a |
10 | | political party committee. |
11 | | (g) On January 1 of each odd-numbered year, the State Board |
12 | | of Elections shall adjust the amounts of the contribution |
13 | | limitations established in this Section for inflation as |
14 | | determined by the Consumer Price Index for All Urban Consumers |
15 | | as issued by the United States Department of Labor and rounded |
16 | | to the nearest $100. The State Board shall publish this |
17 | | information on its official website. |
18 | | (h) Self-funding candidates. If a public official, a |
19 | | candidate, or the public official's or candidate's immediate |
20 | | family contributes or loans to the public official's or |
21 | | candidate's political committee or to other political |
22 | | committees that transfer funds to the public official's or |
23 | | candidate's political committee or makes independent |
24 | | expenditures for the benefit of the public official's or |
25 | | candidate's campaign during the 12 months prior to an election |
26 | | in an aggregate amount of more than (i) $250,000 for statewide |
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1 | | office or (ii) $100,000 for all other elective offices, then |
2 | | the public official or candidate shall file with the State |
3 | | Board of Elections, within one day, a Notification of |
4 | | Self-funding that shall detail each contribution or loan made |
5 | | by the public official, the candidate, or the public official's |
6 | | or candidate's immediate family. Within 2 business days after |
7 | | the filing of a Notification of Self-funding, the notification |
8 | | shall be posted on the Board's website and the Board shall give |
9 | | official notice of the filing to each candidate for the same |
10 | | office as the public official or candidate making the filing, |
11 | | including the public official or candidate filing the |
12 | | Notification of Self-funding. Notice shall be sent via first |
13 | | class mail to the candidate and the treasurer of the |
14 | | candidate's committee. Notice shall also be sent by e-mail to |
15 | | the candidate and the treasurer of the candidate's committee if |
16 | | the candidate and the treasurer, as applicable, have provided |
17 | | the Board with an e-mail address. Upon posting of the receiving |
18 | | notice on from the Board's website Board , all candidates for |
19 | | that office, including the public official or candidate who |
20 | | filed a Notification of Self-funding, shall be permitted to |
21 | | accept contributions in excess of any contribution limits |
22 | | imposed by subsection (b). If a public official or candidate |
23 | | filed a Notification of Self-funding during an election cycle |
24 | | that includes a general primary election or consolidated |
25 | | primary election and that public official or candidate is |
26 | | nominated, all candidates for that office, including the |
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1 | | nominee who filed the notification of self-funding, shall be |
2 | | permitted to accept contributions in excess of any contribution |
3 | | limit imposed by subsection (b) for the subsequent election |
4 | | cycle. For the purposes of this subsection, "immediate family" |
5 | | means the spouse, parent, or child of a public official or |
6 | | candidate. |
7 | | (h-5) If a natural person or independent expenditure |
8 | | committee makes independent expenditures in support of or in |
9 | | opposition to the campaign of a particular public official or |
10 | | candidate in an aggregate amount of more than (i) $250,000 for |
11 | | statewide office or (ii) $100,000 for all other elective |
12 | | offices in an election cycle, as reported in a written |
13 | | disclosure filed under subsection (a) of Section 9-8.6 or |
14 | | subsection (e-5) of Section 9-10, then the State Board of |
15 | | Elections shall, within 2 business days after the filing of the |
16 | | disclosure, post the disclosure on the Board's website and give |
17 | | official notice of the disclosure to each candidate for the |
18 | | same office as the public official or candidate for whose |
19 | | benefit or detriment the natural person or independent |
20 | | expenditure committee made independent expenditures. Upon |
21 | | posting of the receiving notice on from the Board's website |
22 | | Board , all candidates for that office in that election, |
23 | | including the public official or candidate for whose benefit or |
24 | | detriment the natural person or independent expenditure |
25 | | committee made independent expenditures, shall be permitted to |
26 | | accept contributions in excess of any contribution limits |
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1 | | imposed by subsection (b). |
2 | | (h-10) If the State Board of Elections receives |
3 | | notification or determines that a natural person or persons, an |
4 | | independent expenditure committee or committees, or |
5 | | combination thereof has made independent expenditures in |
6 | | support of or in opposition to the campaign of a particular |
7 | | public official or candidate in an aggregate amount of more |
8 | | than (i) $250,000 for statewide office or (ii) $100,000 for all |
9 | | other elective offices in an election cycle, then the Board |
10 | | shall, within 2 business days after discovering the independent |
11 | | expenditures that, in the aggregate, exceed the threshold set |
12 | | forth in (i) and (ii) of this subsection, post notice of this |
13 | | fact on the Board's website and give official notice to each |
14 | | candidate for the same office as the public official or |
15 | | candidate for whose benefit or detriment the independent |
16 | | expenditures were made. Notice shall be sent via first class |
17 | | mail to the candidate and the treasurer of the candidate's |
18 | | committee. Notice shall also be sent by e-mail to the candidate |
19 | | and the treasurer of the candidate's committee if the candidate |
20 | | and the treasurer, as applicable, have provided the Board with |
21 | | an e-mail address. Upon posting of the notice on the Board's |
22 | | website, all candidates of that office in that election, |
23 | | including the public official or candidate for whose benefit or |
24 | | detriment the independent expenditures were made, may accept |
25 | | contributions in excess of any contribution limits imposed by |
26 | | subsection (b). The Campaign Finance Task Force shall submit a |
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1 | | report to the Governor and General Assembly no later than |
2 | | February 1, 2013. The report shall examine and make |
3 | | recommendations regarding the provisions in this subsection |
4 | | including, but not limited to, case law concerning independent |
5 | | expenditures, the manner in which independent expenditures are |
6 | | handled in the other states and at the federal level, |
7 | | independent expenditures made in Illinois during the 2012 |
8 | | general primary and, separately, the 2012 general election, and |
9 | | independent expenditures made at the federal level during the |
10 | | 2012 general election. The Task Force shall conduct at least 2 |
11 | | public hearings regarding independent expenditures. |
12 | | (i) For the purposes of this Section, a corporation, labor |
13 | | organization, association, or a political action committee |
14 | | established by a corporation, labor organization, or |
15 | | association may act as a conduit in facilitating the delivery |
16 | | to a political action committee of contributions made through |
17 | | dues, levies, or similar assessments and the political action |
18 | | committee may report the contributions in the aggregate, |
19 | | provided that: (i) contributions made through dues, levies, or |
20 | | similar assessments paid by any natural person, corporation, |
21 | | labor organization, or association in a calendar year may not |
22 | | exceed the limits set forth in this Section; (ii) the |
23 | | corporation, labor organization, association, or a political |
24 | | action committee established by a corporation, labor |
25 | | organization, or association facilitating the delivery of |
26 | | contributions maintains a list of natural persons, |
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1 | | corporations, labor organizations, and associations that paid |
2 | | the dues, levies, or similar assessments from which the |
3 | | contributions comprising the aggregate amount derive; and |
4 | | (iii) contributions made through dues, levies, or similar |
5 | | assessments paid by any natural person, corporation, labor |
6 | | organization, or association that exceed $500 in a quarterly |
7 | | reporting period shall be itemized on the committee's quarterly |
8 | | report and may not be reported in the aggregate. A political |
9 | | action committee facilitating the delivery of contributions or |
10 | | receiving contributions shall disclose the amount of |
11 | | contributions made through dues delivered or received and the |
12 | | name of the corporation, labor organization, association, or |
13 | | political action committee delivering the contributions, if |
14 | | applicable. On January 1 of each odd-numbered year, the State |
15 | | Board of Elections shall adjust the amounts of the contribution |
16 | | limitations established in this subsection for inflation as |
17 | | determined by the Consumer Price Index for All Urban Consumers |
18 | | as issued by the United States Department of Labor and rounded |
19 | | to the nearest $100. The State Board shall publish this |
20 | | information on its official website. |
21 | | (j) A political committee that receives a contribution or |
22 | | transfer in violation of this Section shall dispose of the |
23 | | contribution or transfer by returning the contribution or |
24 | | transfer, or an amount equal to the contribution or transfer, |
25 | | to the contributor or transferor or donating the contribution |
26 | | or transfer, or an amount equal to the contribution or |
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1 | | transfer, to a charity. A contribution or transfer received in |
2 | | violation of this Section that is not disposed of as provided |
3 | | in this subsection within 30 days after the Board sends |
4 | | notification to the political committee of the excess |
5 | | contribution by certified mail shall escheat to the General |
6 | | Revenue Fund and the political committee shall be deemed in |
7 | | violation of this Section and subject to a civil penalty not to |
8 | | exceed 150% of the total amount of the contribution. |
9 | | (k) For the purposes of this Section, "statewide office" |
10 | | means the Governor, Lieutenant Governor, Attorney General, |
11 | | Secretary of State, Comptroller, and Treasurer. |
12 | | (l) This Section is repealed if and when the United States |
13 | | Supreme Court invalidates contribution limits on committees |
14 | | formed to assist candidates, political parties, corporations, |
15 | | associations, or labor organizations established by or |
16 | | pursuant to federal law.
|
17 | | (Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.) |
18 | | (10 ILCS 5/9-9.5)
|
19 | | Sec. 9-9.5. Disclosures in political communications. |
20 | | (a)
Any political committee, organized under the Election |
21 | | Code, that
makes an expenditure for a pamphlet, circular, |
22 | | handbill, Internet or telephone communication, radio, |
23 | | television,
or print advertisement,
or other communication |
24 | | directed at voters and
mentioning the name of a candidate in |
25 | | the next upcoming election shall ensure
that the name of the |
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1 | | political committee paying for any part of the
communication, |
2 | | including, but not limited to, its preparation and |
3 | | distribution,
is
identified clearly within the communication |
4 | | as the payor. This subsection does
not apply to items that are |
5 | | too small to contain the required disclosure.
This subsection |
6 | | does not apply to an expenditure for the preparation or |
7 | | distribution of any printed communication directed at |
8 | | constituents of a member of the General Assembly if the |
9 | | expenditure is made by a political committee in accordance with |
10 | | subsection (c) of Section 9-8.10. Nothing in this subsection |
11 | | shall require disclosure on any telephone communication using |
12 | | random sampling or other scientific survey methods to gauge |
13 | | public opinion for or against any candidate or question of |
14 | | public policy.
|
15 | | Whenever any vendor or other person provides any of the |
16 | | services listed in this subsection, other than any telephone |
17 | | communication using random sampling or other scientific survey |
18 | | methods to gauge public opinion for or against any candidate or |
19 | | question of public policy, the vendor or person shall keep and |
20 | | maintain records showing the name and address of the person who |
21 | | purchased or requested the services and the amount paid for the |
22 | | services. The records required by this subsection shall be kept |
23 | | for a period of one year after the date upon which payment was |
24 | | received for the services.
|
25 | | (b) Any political committee, organized under this Code,
|
26 | | that makes an expenditure for a pamphlet, circular, handbill,
|
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1 | | Internet or telephone communication, radio, television, or
|
2 | | print advertisement, or other communication directed at voters
|
3 | | and (i) mentioning the name of a candidate in the next upcoming
|
4 | | election, without that candidate's permission, or
(ii)
|
5 | | advocating for or against a public policy position shall ensure
|
6 | | that the name of the political committee paying for any part of
|
7 | | the communication, including, but not limited to, its
|
8 | | preparation and distribution, is identified clearly within the
|
9 | | communication. Nothing in this subsection shall require |
10 | | disclosure on
any telephone communication using random |
11 | | sampling or other
scientific survey methods to gauge public |
12 | | opinion for or
against any candidate or question of public |
13 | | policy. |
14 | | (c) A political committee organized under this Code shall
|
15 | | not make an expenditure for any unsolicited telephone call to
|
16 | | the line of a residential telephone customer in this State
|
17 | | using any method to block or otherwise circumvent that
|
18 | | customer's use of a caller identification service.
|
19 | | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; |
20 | | 95-699, eff. 11-9-07.)
|
21 | | (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
|
22 | | Sec. 10-6.2.
The State Board of Elections, the election |
23 | | authority or
the local election official with whom petitions |
24 | | for nomination are filed
pursuant to this Article 10 shall |
25 | | specify the place where filings shall
be made and upon receipt |
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1 | | shall endorse thereon the day and the hour at
which each |
2 | | petition was filed. Except as provided by Article 9 of The
|
3 | | School Code, all petitions filed by persons waiting
in line as |
4 | | of 8:00 a.m. on the first day for filing, or as of the normal
|
5 | | opening hour of the office involved on such day, shall be |
6 | | deemed filed
as of 8:00 a.m. or the normal opening hour, as the |
7 | | case may be.
Petitions filed by mail and received after |
8 | | midnight of the first day for
filing and in the first mail |
9 | | delivery or pickup of that day shall be
deemed filed as of 8:00 |
10 | | a.m. of that day or as of the normal opening
hour of such day, |
11 | | as the case may be. All petitions received thereafter
shall be |
12 | | deemed filed in the order of actual receipt. However, 2 or more |
13 | | petitions filed within the last hour of the filing deadline |
14 | | shall be deemed filed simultaneously. Where 2 or more
petitions |
15 | | are received simultaneously, the State Board of Elections, the
|
16 | | election authority or the local election official with whom |
17 | | such
petitions are filed shall break ties and determine the |
18 | | order of filing
by means of a lottery or other fair and |
19 | | impartial method of random
selection approved by the State |
20 | | Board of Elections. Such lottery shall
be conducted within 9 |
21 | | days following the last day for petition filing and shall
be |
22 | | open to the public. Seven days written notice of the time and |
23 | | place of
conducting such random selection shall be given, by |
24 | | the State Board of
Elections, the election authority, or local |
25 | | election official, to the Chairman
of each political party, and |
26 | | to each organization of citizens within the
election |
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1 | | jurisdiction which was entitled, under this Code, at the next
|
2 | | preceding election, to have pollwatchers present on the day of |
3 | | election. The
State Board of Elections, the election authority |
4 | | or local election official
shall post in a conspicuous, open |
5 | | and public place, at the entrance of the
office, notice of the |
6 | | time and place of such lottery. The State Board of
Elections |
7 | | shall adopt rules and regulations governing the procedures for
|
8 | | the conduct of such lottery. All candidates shall be
certified |
9 | | in the order in which their petitions have been filed and in |
10 | | the
manner prescribed by Section 10-14 and 10-15 of this |
11 | | Article. Where
candidates have filed simultaneously, they |
12 | | shall be certified in the order
determined by lot and prior to |
13 | | candidates who filed for the same office or
offices at a later |
14 | | time. Certificates of nomination filed within the
period |
15 | | prescribed in Section 10-6(2) for candidates nominated by |
16 | | caucus for
township or municipal offices shall be subject to |
17 | | the ballot placement
lottery for established political parties |
18 | | prescribed in Section 7-60 of
this Code.
|
19 | | If multiple sets of nomination papers are filed for a |
20 | | candidate to
the same office, the State Board of Elections, |
21 | | appropriate election
authority or local election official |
22 | | where the petitions are filed shall
within 2 business days |
23 | | notify the candidate of his or her multiple petition
filings |
24 | | and that the candidate has 3 business days after receipt of the |
25 | | notice
to notify the State Board of Elections, appropriate |
26 | | election authority or local
election official that he or she |
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1 | | may cancel prior sets of petitions. If the
candidate notifies |
2 | | the State Board of Elections, appropriate election authority
or |
3 | | local election official, the last set of petitions filed shall |
4 | | be the only
petitions to be considered valid by the State Board |
5 | | of Elections, election
authority or local election official. If |
6 | | the candidate fails to notify the
State Board of Elections, |
7 | | appropriate election authority or local election
official then |
8 | | only the first set of petitions filed shall be valid and all
|
9 | | subsequent petitions shall be void.
|
10 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
11 | | (10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
|
12 | | Sec. 10-7.
Any person whose name has been presented as a |
13 | | candidate
may cause his name to be withdrawn from any such |
14 | | nomination by his
request in writing, signed by him and duly |
15 | | acknowledged before an
officer qualified to take |
16 | | acknowledgment of deeds, and presented to the
principal office |
17 | | or permanent branch office of the Board, the election
|
18 | | authority, or the local election official, as the case may be, |
19 | | not later
than the date for certification of candidates for the |
20 | | ballot. No name so
withdrawn shall be printed upon the ballots |
21 | | under the party appellation or
title from which the candidate |
22 | | has withdrawn his name. If such a request for withdrawal is |
23 | | received after the date for certification of the candidates for |
24 | | the ballot, then the votes cast for the withdrawn candidate are |
25 | | invalid and shall not be reported by the election authority. If |
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1 | | the name of the
same person has been presented as a candidate |
2 | | for 2 or more offices which
are incompatible so that the same |
3 | | person could not serve in more than one
of such offices if |
4 | | elected, that person must withdraw as a candidate for
all but |
5 | | one of such offices within the 5 business days following the |
6 | | last
day for petition filing. If he fails to withdraw as a |
7 | | candidate for all
but one of such offices within such time, his |
8 | | name shall not be certified,
nor printed on the ballot, for any |
9 | | office. However, nothing in this section
shall be construed as |
10 | | precluding a judge who is seeking retention in office
from also |
11 | | being a candidate for another judicial office. Except as
|
12 | | otherwise herein provided, in case the certificate of |
13 | | nomination or
petition as provided for in this Article shall |
14 | | contain or exhibit the name
of any candidate for any office |
15 | | upon more than one of said certificates or
petitions (for the |
16 | | same office), then and in that case the Board or
election |
17 | | authority or local election official, as the case may be, shall
|
18 | | immediately notify said candidate of said fact and that his |
19 | | name appears
unlawfully upon more than one of said certificates |
20 | | or petitions and that
within 3 days from the receipt of said |
21 | | notification, said candidate must
elect as to which of said |
22 | | political party appellations or groups he desires
his name to |
23 | | appear and remain under upon said ballot, and if said candidate
|
24 | | refuses, fails or neglects to make such election, then and in |
25 | | that case the
Board or election authority or local election |
26 | | official, as the case may be,
shall permit the name of said |
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1 | | candidate to appear or be printed or placed
upon said ballot |
2 | | only under the political party appellation or group
appearing |
3 | | on the certificate of nomination or petition, as the case may |
4 | | be,
first filed, and shall strike or cause to be stricken the |
5 | | name of said
candidate from all certificates of nomination and |
6 | | petitions
filed after the first such certificate of nomination |
7 | | or petition.
|
8 | | Whenever the name of a candidate for an office is withdrawn |
9 | | from a new
political party petition, it shall constitute a |
10 | | vacancy in nomination for
that office which may be filled in |
11 | | accordance with Section 10-11 of this
Article; provided, that |
12 | | if the names of all candidates for all offices on
a new |
13 | | political party petition are withdrawn or such petition is |
14 | | declared
invalid by an electoral board or upon judicial review, |
15 | | no vacancies in
nomination for those offices shall exist and |
16 | | the filing of any notice or
resolution purporting to fill |
17 | | vacancies in nomination shall have no legal effect.
|
18 | | Whenever the name of an independent candidate for an office |
19 | | is withdrawn
or an independent candidate's petition is declared |
20 | | invalid by an electoral
board or upon judicial review, no |
21 | | vacancy in nomination for that office
shall exist and the |
22 | | filing of any notice or resolution purporting to fill
a vacancy |
23 | | in nomination shall have no legal effect.
|
24 | | All certificates of nomination and nomination papers when |
25 | | presented or
filed shall be open, under proper regulation, to |
26 | | public inspection, and the
State Board of Elections and the |
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1 | | several election authorities and local
election officials |
2 | | having charge of nomination papers shall preserve the
same in |
3 | | their respective offices not less than 6 months.
|
4 | | (Source: P.A. 86-875.)
|
5 | | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
|
6 | | Sec. 10-9. The following electoral boards are designated |
7 | | for the
purpose of hearing and passing upon the objector's |
8 | | petition described in
Section 10-8.
|
9 | | 1. The State Board of Elections will hear and pass upon |
10 | | objections
to the nominations of candidates for State |
11 | | offices,
nominations of candidates for congressional, |
12 | | legislative and judicial
offices of districts, |
13 | | subcircuits, or circuits situated in more than one county, |
14 | | nominations
of candidates for the offices of State's |
15 | | attorney or regional superintendent
of schools to be |
16 | | elected from more than one county, and petitions for
|
17 | | proposed amendments to the Constitution of the State of |
18 | | Illinois as
provided for in Section 3 of Article XIV of the |
19 | | Constitution.
|
20 | | 2. The county officers electoral board to hear and pass |
21 | | upon
objections to the nominations of candidates for county |
22 | | offices,
for congressional, legislative and judicial |
23 | | offices of a district, subcircuit, or
circuit coterminous |
24 | | with or less than a county, for any school district offices |
25 | | trustees to be
voted for by the electors of the county or |
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1 | | by the electors of a township of
the county , for the office |
2 | | of multi-township assessor where candidates for
such |
3 | | office are nominated in accordance with this Code, and for |
4 | | all special
district offices, shall be composed of the |
5 | | county clerk, or an assistant
designated by the county |
6 | | clerk, the State's attorney of the county or
an Assistant |
7 | | State's Attorney designated by the State's Attorney, and |
8 | | the
clerk of the circuit court, or an assistant designated |
9 | | by the clerk of
the circuit court, of the county, of whom |
10 | | the county clerk or his designee
shall be the chairman, |
11 | | except that in any county which has established a
county |
12 | | board of election commissioners that board
shall |
13 | | constitute the county officers electoral board ex-officio. |
14 | | If a school district is located in 2 or more counties, the |
15 | | county officers electoral board of the county in which the |
16 | | principal office of the school district is located shall |
17 | | hear and pass upon objections to nominations of candidates |
18 | | for school district office in that school district.
|
19 | | 3. The municipal officers electoral board to hear and |
20 | | pass upon
objections to the nominations of candidates for |
21 | | officers of
municipalities shall be composed of the mayor |
22 | | or president of the board
of trustees of the city, village |
23 | | or incorporated town, and the city,
village or incorporated |
24 | | town clerk, and one member of the city council
or board of |
25 | | trustees, that member being designated who is eligible to
|
26 | | serve on the electoral board and has served the
greatest |
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1 | | number of years as a member of the city council or board of
|
2 | | trustees, of whom the mayor or president of the board of |
3 | | trustees shall
be the chairman.
|
4 | | 4. The township officers electoral board to pass upon |
5 | | objections to
the nominations of township officers shall be |
6 | | composed of the township
supervisor, the town clerk, and |
7 | | that eligible town trustee elected in the
township who has |
8 | | had the longest term of continuous service as town
trustee, |
9 | | of whom the township supervisor shall be the chairman.
|
10 | | 5. The education officers electoral board to hear and |
11 | | pass upon
objections to the nominations of candidates for |
12 | | offices in school or
community college districts shall be |
13 | | composed of the presiding officer of
the school or |
14 | | community college district board, who shall be the |
15 | | chairman,
the secretary of the school or community college |
16 | | district board and the
eligible elected school or community |
17 | | college board member who has the
longest term of continuous |
18 | | service as a board member.
|
19 | | 6. In all cases, however, where the Congressional, |
20 | | Legislative, or Representative
district is wholly or |
21 | | partially within the jurisdiction of a single municipal |
22 | | board of election
commissioners in Cook County and in all |
23 | | cases where the school district or special
district is |
24 | | wholly within the jurisdiction of a municipal board of
|
25 | | election commissioners and in all cases where the |
26 | | municipality or
township is wholly or partially within the |
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1 | | jurisdiction of a municipal
board of election |
2 | | commissioners, the board of election commissioners
shall |
3 | | ex-officio constitute the electoral board.
|
4 | | For special districts situated in more than one county, the |
5 | | county officers
electoral board of the county in which the |
6 | | principal office of the district
is located has jurisdiction to |
7 | | hear and pass upon objections. For purposes
of this Section, |
8 | | "special districts" means all political subdivisions other
|
9 | | than counties, municipalities, townships and school and |
10 | | community college
districts.
|
11 | | In the event that any member of the appropriate board is a |
12 | | candidate
for the office with relation to which the objector's |
13 | | petition is filed,
he shall not be eligible to serve on that |
14 | | board and shall not act as
a member of the board and his place |
15 | | shall be filled as follows:
|
16 | | a. In the county officers electoral board by the county
|
17 | | treasurer, and if he or she is ineligible to serve, by the |
18 | | sheriff of the
county.
|
19 | | b. In the municipal officers electoral board by the |
20 | | eligible
elected city council or board of trustees member |
21 | | who has served the second
greatest number of years as a |
22 | | city council or board of trustees member.
|
23 | | c. In the township officers electoral board by the |
24 | | eligible
elected town trustee who has had the second |
25 | | longest term of continuous service
as a town trustee.
|
26 | | d. In the education officers electoral board by the |
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1 | | eligible
elected school or community college district |
2 | | board member who has had the
second longest term of |
3 | | continuous service as a board member.
|
4 | | In the event that the chairman of the electoral board is |
5 | | ineligible
to act because of the fact that he or she is a |
6 | | candidate for the office with
relation to which the objector's |
7 | | petition is filed, then the substitute
chosen under the |
8 | | provisions of this Section shall be the chairman; In
this case, |
9 | | the officer or board with whom the objector's petition is
|
10 | | filed, shall transmit the certificate of nomination or |
11 | | nomination papers
as the case may be, and the objector's |
12 | | petition to the substitute
chairman of the electoral board.
|
13 | | When 2 or more eligible individuals, by reason of their |
14 | | terms of service
on a city council or board of trustees, |
15 | | township board of
trustees, or school or community college |
16 | | district board, qualify to serve
on an electoral board, the one |
17 | | to serve shall be chosen by lot.
|
18 | | Any vacancies on an electoral board not otherwise filled |
19 | | pursuant to this
Section shall be filled by public members |
20 | | appointed by the Chief Judge of
the Circuit Court for the |
21 | | county wherein the electoral board hearing is
being held upon |
22 | | notification to the Chief Judge of such
vacancies. The Chief |
23 | | Judge shall be so notified by a member of the electoral
board |
24 | | or the officer or board with whom the objector's petition was |
25 | | filed.
In the event that none of the individuals designated by |
26 | | this Section to
serve on the electoral board are eligible, the |
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1 | | chairman of an electoral
board shall be designated by the Chief |
2 | | Judge.
|
3 | | (Source: P.A. 96-1008, eff. 7-6-10.)
|
4 | | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
|
5 | | Sec. 10-10. Within 24 hours after the receipt of the |
6 | | certificate of
nomination or nomination papers or proposed |
7 | | question of public
policy, as the case may be, and the |
8 | | objector's petition, the chairman
of the electoral board other |
9 | | than the State Board of Elections shall
send a call by |
10 | | registered or certified mail to each of the members of the
|
11 | | electoral board, and to the objector who filed the objector's |
12 | | petition, and
either to the candidate whose certificate of |
13 | | nomination or nomination
papers are objected to or to the |
14 | | principal proponent or attorney for
proponents of a question of |
15 | | public policy, as the case may be, whose
petitions are objected |
16 | | to, and shall also cause the sheriff of the county
or counties |
17 | | in which such officers and persons reside to serve a copy of
|
18 | | such call upon each of such officers and persons, which call |
19 | | shall set out
the fact that the electoral board is required to |
20 | | meet to hear and pass upon
the objections to nominations made |
21 | | for the office, designating it, and
shall state the day, hour |
22 | | and place at which the electoral board shall meet
for the |
23 | | purpose, which place shall be in the
county court house in the |
24 | | county in the case of the County Officers
Electoral Board, the |
25 | | Municipal Officers Electoral Board, the Township
Officers |
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1 | | Electoral Board or the Education Officers Electoral Board, |
2 | | except that the Municipal Officers Electoral Board, the |
3 | | Township Officers Electoral Board, and the Education Officers |
4 | | Electoral Board may meet at the location where the governing |
5 | | body of the municipality, township, or school or community |
6 | | college district, respectively, holds its regularly scheduled |
7 | | meetings, if that location is available; provided that voter |
8 | | records may be removed from the offices of an election |
9 | | authority only at the discretion and under the supervision of |
10 | | the election authority.
In
those cases where the State Board of |
11 | | Elections is the electoral board
designated under Section 10-9, |
12 | | the chairman of the State Board of Elections
shall, within 24 |
13 | | hours after the receipt of the certificate of nomination
or |
14 | | nomination papers or petitions for a proposed amendment to |
15 | | Article IV of
the Constitution or proposed statewide question |
16 | | of public policy, send a
call by registered or certified mail |
17 | | to the objector who files the
objector's petition, and either |
18 | | to the candidate whose certificate of
nomination or nomination |
19 | | papers are objected to or to the principal
proponent or |
20 | | attorney for proponents of the proposed Constitutional
|
21 | | amendment or statewide question of public policy and shall |
22 | | state the day,
hour and place at which the electoral board |
23 | | shall meet for the purpose,
which place may be in the Capitol |
24 | | Building or in the principal or permanent
branch office of the |
25 | | State Board. The day of the meeting shall not be less
than 3 |
26 | | nor more than 5 days after the receipt of the certificate of
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1 | | nomination or nomination papers and the objector's petition by |
2 | | the chairman
of the electoral board.
|
3 | | The electoral board shall have the power to administer |
4 | | oaths and to
subpoena and examine witnesses and at the request |
5 | | of either party the
chairman may issue subpoenas requiring the |
6 | | attendance of witnesses and
subpoenas duces tecum requiring the |
7 | | production of such books, papers,
records and documents as may |
8 | | be evidence of any matter under inquiry
before the electoral |
9 | | board, in the same manner as witnesses are
subpoenaed in the |
10 | | Circuit Court.
|
11 | | Service of such subpoenas shall be made by any sheriff or |
12 | | other
person in the same manner as in cases in such court and |
13 | | the fees of such
sheriff shall be the same as is provided by |
14 | | law, and shall be paid by
the objector or candidate who causes |
15 | | the issuance of the subpoena. In
case any person so served |
16 | | shall knowingly neglect or refuse to obey any
such subpoena, or |
17 | | to testify, the electoral board shall at once file a
petition |
18 | | in the circuit court of the county in which such hearing is to
|
19 | | be heard, or has been attempted to be heard, setting forth the |
20 | | facts, of
such knowing refusal or neglect, and accompanying the |
21 | | petition with a
copy of the citation and the answer, if one has |
22 | | been filed, together
with a copy of the subpoena and the return |
23 | | of service thereon, and shall
apply for an order of court |
24 | | requiring such person to attend and testify,
and forthwith |
25 | | produce books and papers, before the electoral board. Any
|
26 | | circuit court of the state, excluding the judge who is sitting |
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1 | | on the electoral
board, upon such showing shall order such |
2 | | person to appear and testify,
and to forthwith produce such |
3 | | books and papers, before the electoral board
at a place to be |
4 | | fixed by the court. If such person shall knowingly fail
or |
5 | | refuse to obey such order of the court without lawful excuse, |
6 | | the court
shall punish him or her by fine and imprisonment, as |
7 | | the nature of the case
may require and may be lawful in cases |
8 | | of contempt of court.
|
9 | | The electoral board on the first day of its meeting shall |
10 | | adopt rules
of procedure for the introduction of evidence and |
11 | | the presentation of
arguments and may, in its discretion, |
12 | | provide for the filing of briefs
by the parties to the |
13 | | objection or by other interested persons.
|
14 | | In the event of a State Electoral Board hearing on |
15 | | objections to a
petition for an amendment to Article IV of the |
16 | | Constitution
pursuant to Section 3 of Article XIV of the |
17 | | Constitution, or to a
petition for a question of public policy |
18 | | to be submitted to the
voters of the entire State, the |
19 | | certificates of the county clerks and boards
of election |
20 | | commissioners showing the results of the random sample of
|
21 | | signatures on the petition shall be prima facie valid and |
22 | | accurate, and
shall be presumed to establish the number of |
23 | | valid and invalid
signatures on the petition sheets reviewed in |
24 | | the random sample, as prescribed
in Section 28-11 and 28-12 of |
25 | | this Code. Either party, however, may introduce
evidence at |
26 | | such hearing to dispute the findings as to particular |
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1 | | signatures.
In addition to the foregoing, in the absence of |
2 | | competent evidence presented
at such hearing by a party |
3 | | substantially challenging the results of a random
sample, or |
4 | | showing a different result obtained by an additional sample,
|
5 | | this certificate of a county clerk or board of election |
6 | | commissioners shall
be presumed to establish the ratio of valid |
7 | | to invalid signatures within
the particular election |
8 | | jurisdiction.
|
9 | | The electoral board shall take up the question as to |
10 | | whether or not
the certificate of nomination or nomination |
11 | | papers or petitions are in
proper form, and whether or not they |
12 | | were filed within the time and
under the conditions required by |
13 | | law, and whether or not they are the
genuine certificate of |
14 | | nomination or nomination papers or petitions
which they purport |
15 | | to be, and whether or not in the case of the
certificate of |
16 | | nomination in question it represents accurately the
decision of |
17 | | the caucus or convention issuing it, and in general shall
|
18 | | decide whether or not the certificate of nomination or |
19 | | nominating papers
or petitions on file are valid or whether the |
20 | | objections thereto should
be sustained and the decision of a |
21 | | majority of the electoral board shall
be final subject to |
22 | | judicial review as provided in Section 10-10.1. The
electoral |
23 | | board must state its findings in writing and must state in
|
24 | | writing which objections, if any, it has sustained. A copy of |
25 | | the decision shall be served upon the parties to the |
26 | | proceedings in open proceedings before the electoral board. If |
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1 | | a party does not appear for receipt of the decision, the |
2 | | decision shall be deemed to have been served on the absent |
3 | | party on the date when a copy of the decision is personally |
4 | | delivered or on the date when a copy of the decision is |
5 | | deposited in the Unites States mail, in a sealed envelope or |
6 | | package, with postage prepaid, addressed to each party affected |
7 | | by the decision or to such party's attorney of record, if any, |
8 | | at the address on record for such person in the files of the |
9 | | electoral board.
|
10 | | Upon the expiration of the period within which a proceeding |
11 | | for
judicial review must be commenced under Section 10-10.1, |
12 | | the electoral
board shall, unless a proceeding for judicial |
13 | | review has been commenced
within such period, transmit, by |
14 | | registered or certified mail, a
certified copy of its ruling, |
15 | | together with the original certificate of
nomination or |
16 | | nomination papers or petitions and the original objector's
|
17 | | petition, to the officer or board with whom the certificate of
|
18 | | nomination or nomination papers or petitions, as objected to, |
19 | | were on
file, and such officer or board shall abide by and |
20 | | comply with the
ruling so made to all intents and purposes.
|
21 | | (Source: P.A. 95-872, eff. 1-1-09; 96-1008, eff. 7-6-10 .)
|
22 | | (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
|
23 | | Sec. 17-23. Pollwatchers in a general election shall be |
24 | | authorized in
the following manner:
|
25 | | (1) Each established political party shall be entitled to |
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1 | | appoint
two pollwatchers per precinct. Such pollwatchers must |
2 | | be affiliated
with the political party for which they are |
3 | | pollwatching. For all
elections, the pollwatchers must be
|
4 | | registered to vote in Illinois.
|
5 | | (2) Each candidate shall be entitled to appoint two |
6 | | pollwatchers per
precinct. For all elections, the pollwatchers |
7 | | must be
registered to vote
in Illinois.
|
8 | | (3) Each organization of citizens within the county or |
9 | | political
subdivision, which has among its purposes or |
10 | | interests the investigation
or prosecution of election frauds, |
11 | | and which shall have registered its
name and address and the |
12 | | name and addresses of its principal officers
with the proper |
13 | | election authority at least 40 days before the election,
shall |
14 | | be entitled to appoint one pollwatcher per precinct. For all
|
15 | | elections, the pollwatcher must be registered to vote in
|
16 | | Illinois.
|
17 | | (3.5) Each State nonpartisan civic organization within the |
18 | | county or political subdivision shall be entitled to appoint |
19 | | one pollwatcher per precinct, provided that no more than 2 |
20 | | pollwatchers appointed by State nonpartisan civic |
21 | | organizations shall be present in a precinct polling place at |
22 | | the same time. Each organization shall have registered the |
23 | | names and addresses of its principal officers with the proper |
24 | | election authority at least 40 days before the election. The |
25 | | pollwatchers must be registered to vote in Illinois. For the |
26 | | purpose of this paragraph, a "State nonpartisan civic |
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1 | | organization" means any corporation, unincorporated |
2 | | association, or organization that: |
3 | | (i) as part of its written articles of incorporation, |
4 | | bylaws, or charter or by separate written declaration, has |
5 | | among its stated purposes the provision of voter |
6 | | information and education, the protection of individual |
7 | | voters' rights, and the promotion of free and equal |
8 | | elections; |
9 | | (ii) is organized or primarily conducts its activities |
10 | | within the State of Illinois; and |
11 | | (iii) continuously maintains an office or business |
12 | | location within the State of Illinois, together with a |
13 | | current listed telephone number (a post office box number |
14 | | without a current listed telephone number is not |
15 | | sufficient).
|
16 | | (4) In any general election held to elect candidates for |
17 | | the offices of
a municipality of less than 3,000,000 population |
18 | | that is situated in 2 or
more counties, a pollwatcher who is a |
19 | | resident of Illinois shall be eligible to serve as a
|
20 | | pollwatcher in any poll located within such
municipality, |
21 | | provided that such pollwatcher otherwise complies with the
|
22 | | respective requirements of subsections (1) through (3) of this |
23 | | Section and
is a registered voter in Illinois.
|
24 | | (5) Each organized group of proponents or opponents of a |
25 | | ballot
proposition, which shall have registered the name and |
26 | | address of its
organization or committee and the name and |
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1 | | address of its chairman with the
proper election authority at |
2 | | least 40 days before the election, shall be
entitled to appoint |
3 | | one pollwatcher per precinct. The pollwatcher
must be
|
4 | | registered to vote in Illinois.
|
5 | | All pollwatchers shall be required to have proper |
6 | | credentials. Such
credentials shall be printed in sufficient |
7 | | quantities, shall be issued
by and under the facsimile |
8 | | signature(s) of the election authority or the State Board of |
9 | | Elections and
shall be available for distribution by the |
10 | | election authority and State Board of Elections at least 2 |
11 | | weeks prior to the
election. Such credentials shall be |
12 | | authorized by the real or facsimile
signature of the State or |
13 | | local party official or the candidate or the
presiding officer |
14 | | of the civic organization or the chairman of the
proponent or |
15 | | opponent group, as the case may be. Neither the The election |
16 | | authority nor the State Board of Elections may not require any |
17 | | such party official or the candidate or the presiding officer |
18 | | of the civic organization or the chairman of the proponent or |
19 | | opponent group to submit the names or other information |
20 | | concerning pollwatchers before making credentials available to |
21 | | such persons or organizations.
|
22 | | Pollwatcher credentials shall be in substantially the |
23 | | following form:
|
24 | | POLLWATCHER CREDENTIALS
|
25 | | TO THE JUDGES OF ELECTION:
|
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1 | | In accordance with the provisions of the Election
Code, the |
2 | | undersigned hereby appoints .......... (name of pollwatcher)
|
3 | | who resides at ........... (address) in the county
of |
4 | | ..........., .......... (township or municipality)
of |
5 | | ........... (name), State of Illinois and who is duly |
6 | | registered
to vote from this address, to act as a pollwatcher |
7 | | in the
........... precinct of the ........... ward (if |
8 | | applicable)
of the ........... (township or municipality) of |
9 | | ........... at the
........... election to be held on (insert |
10 | | date).
|
11 | | ........................ (Signature of Appointing Authority)
|
12 | | ......................... TITLE (party official, candidate,
|
13 | | civic organization president,
|
14 | | proponent or opponent group chairman)
|
15 | | Under penalties provided by law pursuant to Section 29-10 |
16 | | of the
Election Code, the undersigned pollwatcher certifies |
17 | | that he or she resides
at ................ (address) in the |
18 | | county of ............, .........
(township or municipality) |
19 | | of ........... (name), State of Illinois, and is
duly |
20 | | registered to vote in Illinois.
|
21 | | .......................... .......................
|
22 | | (Precinct and/or Ward in (Signature of Pollwatcher)
|
23 | | Which Pollwatcher Resides)
|
24 | | Pollwatchers must present their credentials to the Judges |
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1 | | of Election
upon entering the polling place. Pollwatcher |
2 | | credentials properly
executed and signed shall be proof of the |
3 | | qualifications of the
pollwatcher authorized thereby. Such |
4 | | credentials are retained by the
Judges and returned to the |
5 | | Election Authority at the end of the day of
election with the |
6 | | other election materials. Once a pollwatcher has
surrendered a |
7 | | valid credential, he may leave and reenter the polling place
|
8 | | provided that such continuing action does not disrupt the |
9 | | conduct of the
election. Pollwatchers may be substituted during |
10 | | the course of the day, but
established political parties, |
11 | | candidates and qualified civic organizations
can have only as |
12 | | many pollwatchers at any given time as are authorized in
this |
13 | | Article. A substitute must present his signed credential to the
|
14 | | judges of election upon entering the polling place. Election |
15 | | authorities
must provide a sufficient number of credentials to |
16 | | allow for substitution
of pollwatchers. After the polls have |
17 | | closed pollwatchers shall be allowed
to remain until the |
18 | | canvass of votes is completed; but may leave and
reenter only |
19 | | in cases of necessity, provided that such action is not so
|
20 | | continuous as to disrupt the canvass of votes.
|
21 | | Candidates seeking office in a district or municipality |
22 | | encompassing 2
or more counties shall be admitted to any and |
23 | | all polling places throughout
such district or municipality |
24 | | without regard to the counties in which such
candidates are |
25 | | registered to vote. Actions of such candidates shall be
|
26 | | governed in each polling place by the same privileges and |
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1 | | limitations that
apply to pollwatchers as provided in this |
2 | | Section. Any such candidate who
engages in an activity in a |
3 | | polling place which could reasonably be
construed by a majority |
4 | | of the judges of election as campaign activity
shall be removed |
5 | | forthwith from such polling place.
|
6 | | Candidates seeking office in a district or municipality |
7 | | encompassing 2 or
more counties who desire to be admitted to |
8 | | polling places on election day
in such district or municipality |
9 | | shall be required to have proper
credentials. Such credentials |
10 | | shall be printed in sufficient quantities,
shall be issued by |
11 | | and under the facsimile signature of the State Board of |
12 | | Elections or the
election authority of the election |
13 | | jurisdiction where the polling place in
which the candidate |
14 | | seeks admittance is located, and shall be available for
|
15 | | distribution at least 2 weeks prior to the election. Such |
16 | | credentials shall
be signed by the candidate.
|
17 | | Candidate credentials shall be in substantially the |
18 | | following form:
|
19 | | CANDIDATE CREDENTIALS
|
20 | | TO THE JUDGES OF ELECTION:
|
21 | | In accordance with the provisions of the Election Code, I |
22 | | ...... (name of
candidate) hereby certify that I am a candidate |
23 | | for ....... (name of
office) and seek admittance to ....... |
24 | | precinct of the ....... ward (if
applicable) of the ....... |
25 | | (township or municipality) of ....... at the
....... election |
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1 | | to be held on (insert date).
|
2 | | ......................... .......................
|
3 | | (Signature of Candidate) OFFICE FOR WHICH
|
4 | | CANDIDATE SEEKS
|
5 | | NOMINATION OR
|
6 | | ELECTION
|
7 | | Pollwatchers shall be permitted to observe all proceedings |
8 | | and view all reasonably requested records relating
to the |
9 | | conduct of the election, provided the secrecy of the ballot is |
10 | | not impinged, and to station themselves in a position
in the |
11 | | voting room as will enable them to observe the judges making |
12 | | the
signature comparison between the voter application and the |
13 | | voter
registration record card; provided, however, that such |
14 | | pollwatchers
shall not be permitted to station themselves in |
15 | | such close proximity to
the judges of election so as to |
16 | | interfere with the orderly conduct of
the election and shall |
17 | | not, in any event, be permitted to handle
election materials. |
18 | | Pollwatchers may challenge for cause the voting
qualifications |
19 | | of a person offering to vote and may call to the
attention of |
20 | | the judges of election any incorrect procedure or apparent
|
21 | | violations of this Code.
|
22 | | If a majority of the judges of election determine that the |
23 | | polling
place has become too overcrowded with pollwatchers so |
24 | | as to interfere
with the orderly conduct of the election, the |
25 | | judges shall, by lot,
limit such pollwatchers to a reasonable |
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1 | | number, except that each
established or new political party |
2 | | shall be permitted to have at least
one pollwatcher present.
|
3 | | Representatives of an election authority, with regard to an |
4 | | election
under its jurisdiction, the State Board of Elections, |
5 | | and law
enforcement agencies, including but not limited to a |
6 | | United States
Attorney, a State's attorney, the Attorney |
7 | | General, and a State, county,
or local police department, in |
8 | | the performance of their official
election duties, shall be |
9 | | permitted at all times to enter and remain in
the polling |
10 | | place. Upon entering the polling place, such
representatives |
11 | | shall display their official credentials or other
|
12 | | identification to the judges of election.
|
13 | | Uniformed police officers assigned to polling place duty |
14 | | shall follow
all lawful instructions of the judges of election.
|
15 | | The provisions of this Section shall also apply to |
16 | | supervised casting of
absentee ballots as provided in Section |
17 | | 19-12.2 of this Act.
|
18 | | (Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07; |
19 | | 95-699, eff. 11-9-07; 95-876, eff. 8-21-08.)
|
20 | | (10 ILCS 5/18A-15)
|
21 | | Sec. 18A-15. Validating and counting provisional ballots.
|
22 | | (a) The county clerk or board of election commissioners |
23 | | shall complete the
validation and counting of provisional |
24 | | ballots within 14 calendar days of
the day of the election. The |
25 | | county clerk or board of election commissioners
shall have 7 |
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1 | | calendar days from the completion of the validation and
|
2 | | counting of provisional ballots to conduct its final canvass. |
3 | | The State Board
of Elections shall complete within 31 calendar |
4 | | days of the election or sooner
if all the returns are received, |
5 | | its final canvass of the vote for all public
offices.
|
6 | | (b) If a county clerk or board of election commissioners |
7 | | determines that all
of the following apply, then a provisional |
8 | | ballot is valid and shall be counted
as a vote:
|
9 | | (1) the provisional voter cast the provisional ballot |
10 | | in the correct
precinct based on the address provided by |
11 | | the provisional voter. The provisional voter's affidavit |
12 | | shall serve as a change of address request by that voter |
13 | | for registration purposes for the next ensuing election if |
14 | | it bears an address different from that in the records of |
15 | | the election authority . Votes for federal and statewide |
16 | | offices on a provisional ballot cast in the incorrect |
17 | | precinct that meet the other requirements of this |
18 | | subsection shall be valid and counted in accordance with |
19 | | rules adopted by the State Board of Elections. As used in |
20 | | this item, "federal office" is defined as provided in |
21 | | Section 20-1 and "statewide office" means the Governor, |
22 | | Attorney General, Secretary of State, Comptroller, and |
23 | | Treasurer. Votes for General Assembly, countywide, |
24 | | citywide, or township office on a provisional ballot cast |
25 | | in the incorrect precinct but in the correct legislative |
26 | | district, representative district, county, municipality, |
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1 | | or township, as the case may be, shall be valid and counted |
2 | | in accordance with rules adopted by the State Board of |
3 | | Elections. As used in this item, "citywide office" means an |
4 | | office elected by the electors of an entire municipality. |
5 | | As used in this item, "township office" means an office |
6 | | elected by the electors of an entire township ;
|
7 | | (2) the affidavit executed by the provisional voter |
8 | | pursuant to subsection
(b)(2) of Section 18A-5 contains, at |
9 | | a minimum, the provisional voter's first and last name, |
10 | | house number and street name, and signature or mark;
|
11 | | (3) the provisional voter is a registered voter based |
12 | | on information
available to the county clerk or board of |
13 | | election commissioners provided by or
obtained from any of |
14 | | the following:
|
15 | | i. the provisional voter;
|
16 | | ii. an election judge;
|
17 | | iii. the statewide voter registration database |
18 | | maintained by the State
Board of Elections;
|
19 | | iv. the records of the county clerk or board of |
20 | | election commissioners'
database; or
|
21 | | v. the records of the Secretary of State; and |
22 | | (4) for a provisional ballot cast under item (6) of |
23 | | subsection (a) of Section 18A-5, the voter did not vote by |
24 | | absentee ballot in the election at which the provisional |
25 | | ballot was cast.
|
26 | | (c) With respect to subsection (b)(3) of this Section, the |
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1 | | county clerk or
board of election commissioners shall |
2 | | investigate and record whether or not the specified information |
3 | | is available from each of the 5 identified sources. If the |
4 | | information is available from one or more of the identified |
5 | | sources, then the
county clerk or board of election |
6 | | commissioners shall seek to obtain the
information from each of |
7 | | those sources until satisfied, with information from at least |
8 | | one of those sources, that the provisional voter is registered |
9 | | and entitled to vote. The county clerk
or board of election |
10 | | commissioners shall use any information it obtains as the
basis |
11 | | for determining the voter registration status of the |
12 | | provisional voter.
If a conflict exists among the information |
13 | | available to the county clerk or
board of election |
14 | | commissioners as to the registration status of the
provisional |
15 | | voter, then the county clerk or board of election commissioners
|
16 | | shall make a
determination based on the totality of the |
17 | | circumstances. In a case where the
above information equally |
18 | | supports or opposes the registration status of the
voter, the |
19 | | county clerk or board of election commissioners shall decide in
|
20 | | favor of the provisional voter as being duly registered to |
21 | | vote. If the
statewide voter registration database maintained |
22 | | by the State Board of
Elections indicates that the provisional |
23 | | voter is registered to vote, but the
county clerk's or board of |
24 | | election commissioners' voter registration database
indicates |
25 | | that the provisional voter is not registered to vote, then the
|
26 | | information found in the statewide voter registration database |
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1 | | shall control
the matter and the provisional voter shall be |
2 | | deemed to be registered to vote.
If the records of the county |
3 | | clerk or board of election commissioners indicates
that the |
4 | | provisional
voter is registered to vote, but the statewide |
5 | | voter registration database
maintained by the State Board of |
6 | | Elections indicates that the provisional voter
is not |
7 | | registered to vote, then the information found in the records |
8 | | of the
county clerk or board of election commissioners shall |
9 | | control the matter and
the provisional voter shall be deemed to |
10 | | be registered to vote. If the
provisional voter's signature on |
11 | | his or her provisional ballot request varies
from the signature |
12 | | on
an otherwise valid registration application solely because |
13 | | of the substitution
of initials for the first or middle name, |
14 | | the election authority may not reject
the provisional ballot.
|
15 | | (d) In validating the registration status of a person |
16 | | casting a provisional
ballot, the county clerk or board of |
17 | | election commissioners shall not require a
provisional voter to |
18 | | complete any form other than the affidavit executed by the
|
19 | | provisional voter under subsection (b)(2) of Section 18A-5. In |
20 | | addition,
the
county clerk or board of election commissioners |
21 | | shall not require all
provisional voters or
any particular |
22 | | class or group of provisional voters to appear personally |
23 | | before
the county clerk or board of election commissioners or |
24 | | as a matter of policy
require provisional voters to submit |
25 | | additional information to verify or
otherwise support the |
26 | | information already submitted by the provisional voter.
Within |
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1 | | 2 calendar days after the election, the election authority |
2 | | shall transmit by electronic means pursuant to a process |
3 | | established by the State Board of Elections the name, street |
4 | | address, e-mail address, and precinct, ward, township, and |
5 | | district numbers, as the case may be, of each person casting a |
6 | | provisional ballot to the State Board of Elections, which shall |
7 | | maintain those names and that information in an electronic |
8 | | format on its website, arranged by county and accessible to |
9 | | State and local political committees. The provisional voter |
10 | | may, within 7 2 calendar days after the election, submit
|
11 | | additional information to the county clerk or board of election |
12 | | commissioners.
This information must be received by the county |
13 | | clerk or board of election
commissioners within the |
14 | | 7-calendar-day 2-calendar-day period.
|
15 | | (e) If the county clerk or board of election commissioners |
16 | | determines that
subsection (b)(1), (b)(2), or (b)(3) does not |
17 | | apply, then the provisional
ballot is not valid
and may not be |
18 | | counted. The provisional ballot envelope containing the ballot
|
19 | | cast by the provisional voter may not be opened. The county |
20 | | clerk or board of
election commissioners shall write on the |
21 | | provisional ballot envelope the
following: "Provisional ballot |
22 | | determined invalid.".
|
23 | | (f) If the county clerk or board of election commissioners |
24 | | determines that a
provisional ballot is valid under this |
25 | | Section, then the provisional ballot
envelope shall be opened. |
26 | | The outside of each provisional ballot
envelope shall
also be
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1 | | marked to identify the precinct and the date of the election.
|
2 | | (g) Provisional ballots determined to be valid shall be |
3 | | counted at the election authority's central ballot counting |
4 | | location and shall not be counted in precincts. The provisional |
5 | | ballots determined to be valid shall be added to the
vote
|
6 | | totals for the precincts from which they were cast in the order |
7 | | in which the
ballots were opened.
The validation and counting |
8 | | of provisional ballots shall be subject to the
provisions of |
9 | | this Code that apply to pollwatchers.
If the provisional |
10 | | ballots are a ballot of a punch card
voting system, then the |
11 | | provisional ballot shall be counted in a manner
consistent with |
12 | | Article 24A. If the provisional ballots
are a ballot of optical |
13 | | scan or other type of approved electronic voting
system, then |
14 | | the provisional ballots shall be counted in a manner consistent
|
15 | | with Article 24B.
|
16 | | (h) As soon as the ballots have been counted, the election |
17 | | judges or
election officials shall, in
the presence of the |
18 | | county clerk or board of election commissioners, place each
of |
19 | | the following items in a separate envelope or bag: (1) all |
20 | | provisional
ballots, voted or spoiled; (2)
all provisional |
21 | | ballot envelopes of provisional ballots voted or spoiled; and
|
22 | | (3) all executed affidavits
of the provisional ballots voted or |
23 | | spoiled.
All provisional ballot envelopes for provisional |
24 | | voters who have been
determined
not to be registered to vote |
25 | | shall remain sealed. The county clerk or board of
election |
26 | | commissioners shall treat the provisional ballot envelope |
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1 | | containing
the written affidavit as a voter registration |
2 | | application for that person for
the next election and process |
3 | | that application.
The election judges or election officials |
4 | | shall then
securely
seal each envelope or bag, initial the |
5 | | envelope or bag, and plainly mark on the
outside of the |
6 | | envelope or bag in ink the precinct in which the provisional
|
7 | | ballots were cast. The election judges or election officials |
8 | | shall then place
each sealed envelope or
bag into a box, secure |
9 | | and seal it in the same manner as described in
item (6) of |
10 | | subsection (b) of Section 18A-5. Each election judge or |
11 | | election
official shall take and subscribe an oath
before the |
12 | | county clerk or
board of election commissioners that the |
13 | | election judge or election official
securely kept the
ballots |
14 | | and papers in the box, did not permit any person to open the |
15 | | box or
otherwise touch or tamper with the ballots and papers in |
16 | | the box, and has no
knowledge of any other person opening the |
17 | | box.
For purposes of this Section, the term "election official" |
18 | | means the county
clerk, a member of the board of election |
19 | | commissioners, as the case may be, and
their respective |
20 | | employees.
|
21 | | (Source: P.A. 97-766, eff. 7-6-12.)
|
22 | | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) |
23 | | Sec. 19-2. Any elector as defined in Section 19-1 may by |
24 | | mail or electronically on the website of the appropriate |
25 | | election authority , not more than 40 nor less than 5 days prior |
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1 | | to the
date of such election, or by personal delivery not more |
2 | | than 40 nor less
than one day prior to the date of such |
3 | | election, make application to the
county clerk or to the Board |
4 | | of Election Commissioners for an official
ballot for the |
5 | | voter's precinct to be voted at such election.
Such a ballot |
6 | | shall be delivered to the elector only upon separate |
7 | | application by the elector for each election.
|
8 | | (Source: P.A. 96-553, eff. 8-17-09; 97-81, eff. 7-5-11.)
|
9 | | (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) |
10 | | Sec. 19-2.1. In-person absentee voting in the office of the |
11 | | municipal, township, or road district clerks. At the |
12 | | consolidated primary, general primary,
consolidated, and |
13 | | general elections, electors entitled
to vote
by absentee ballot |
14 | | under the provisions of Section 19-1
may vote in person at the |
15 | | office of the municipal clerk, if the elector
is a resident of |
16 | | a municipality not having a board of election commissioners,
or |
17 | | at the office of the township clerk or, in counties not under |
18 | | township
organization, at the office of the road district clerk |
19 | | if the elector is
not a resident of a municipality; provided, |
20 | | in each case that the municipal,
township or road district |
21 | | clerk, as the case may be, is authorized to conduct
in-person |
22 | | absentee voting pursuant to this Section. Absentee voting in |
23 | | such
municipal and township clerk's offices under this Section |
24 | | shall be
conducted from the 22nd day through the day before the |
25 | | election. |
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1 | | Municipal and township clerks (or road district clerks) who |
2 | | have regularly
scheduled working hours at regularly designated |
3 | | offices other than a place
of residence and whose offices are |
4 | | open for business during the same hours
as the office of the |
5 | | election authority shall conduct in-person absentee
voting for |
6 | | said elections. Municipal and township clerks (or road district
|
7 | | clerks) who have no regularly scheduled working hours but who |
8 | | have regularly
designated offices other than a place of |
9 | | residence shall conduct in-person
absentee voting for said |
10 | | elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 |
11 | | a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on |
12 | | Saturdays, but not during such hours as the office of the |
13 | | election
authority is closed, unless the clerk files a written |
14 | | waiver with the
election authority not later than July 1 of |
15 | | each year stating that he or
she is unable to conduct such |
16 | | voting and the reasons therefor. Such clerks
who conduct |
17 | | in-person absentee voting may extend their hours for that
|
18 | | purpose to include any hours in which the election authority's |
19 | | office is
open. Municipal and township clerks (or
road district |
20 | | clerks) who have no regularly scheduled office hours and no
|
21 | | regularly designated offices other than a place of residence |
22 | | may not conduct
in-person absentee voting for said elections. |
23 | | The election authority may
devise alternative methods for |
24 | | in-person absentee voting before said elections
for those |
25 | | precincts located within the territorial area of a municipality
|
26 | | or township (or road district) wherein the clerk of such |
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1 | | municipality or
township (or road district) has waived or is |
2 | | not entitled to conduct such
voting.
In addition, electors may |
3 | | vote by absentee ballot under the provisions of
Section 19-1 at |
4 | | the office of the election authority having jurisdiction
over |
5 | | their residence. Unless specifically authorized by the |
6 | | election authority, municipal,
township, and road district |
7 | | clerks shall not conduct in-person absentee
voting. No less |
8 | | than 45 days
before the date of an election, the election |
9 | | authority shall notify the
municipal, township, and road |
10 | | district clerks within its jurisdiction if
they are to conduct |
11 | | in-person absentee voting. Election authorities, however, may |
12 | | conduct in-person absentee voting in one or more designated
|
13 | | appropriate public buildings from the fourth
day before the |
14 | | election through
the day before the election.
|
15 | | In conducting in-person absentee voting under this |
16 | | Section, the respective
clerks shall be required to verify the |
17 | | signature of the absentee
voter by comparison with the |
18 | | signature on the official registration
record card. The clerk |
19 | | also shall reasonably ascertain the identity
of such applicant, |
20 | | shall verify that each such applicant is a registered
voter, |
21 | | and shall verify the precinct in which he or she is registered
|
22 | | and the proper ballots of the political subdivisions in which |
23 | | the
applicant resides and is entitled to vote, prior to |
24 | | providing any
absentee ballot to such applicant. The clerk |
25 | | shall verify the
applicant's registration and from the most |
26 | | recent poll list provided by
the county clerk, and if the |
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1 | | applicant is not listed on that poll list
then by telephoning |
2 | | the office of the county clerk. |
3 | | Within one day after a voter casts an in-person absentee |
4 | | ballot, the appropriate election authority shall transmit by |
5 | | electronic means pursuant to a process established by the State |
6 | | Board of Elections the voter's name, street address, e-mail |
7 | | address, and precinct, ward, township, and district numbers, as |
8 | | the case may be, to the State Board of Elections, which shall |
9 | | maintain those names and that information in an electronic |
10 | | format on its website, arranged by county and accessible to |
11 | | State and local political committees. |
12 | | Absentee voting procedures in the office of the municipal, |
13 | | township
and road district clerks shall be subject to all of |
14 | | the applicable
provisions of this Article 19.
Pollwatchers may |
15 | | be appointed to observe in-person absentee voting
procedures |
16 | | and view all reasonably requested records relating to the |
17 | | conduct of the election, provided the secrecy of the ballot is |
18 | | not impinged, at the office of the municipal, township or road |
19 | | district
clerks' offices where such absentee voting is |
20 | | conducted. Such pollwatchers
shall qualify and be appointed in |
21 | | the same manner as provided in Sections
7-34 and 17-23, except |
22 | | each candidate, political party or
organization of citizens may |
23 | | appoint only one pollwatcher for each location
where in-person |
24 | | absentee voting is conducted. Pollwatchers must
be registered |
25 | | to vote in Illinois and possess
valid pollwatcher credentials.
|
26 | | All requirements in this Article
applicable to election |
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1 | | authorities shall apply to the respective local
clerks, except |
2 | | where inconsistent with this Section. |
3 | | The sealed absentee ballots in their carrier envelope shall |
4 | | be
delivered by the respective clerks, or by the election |
5 | | authority on behalf of
a clerk if the clerk and the election
|
6 | | authority agree, to the election authority's central ballot |
7 | | counting location
before the close of the polls on the day of |
8 | | the general primary,
consolidated primary, consolidated, or |
9 | | general election. |
10 | | Not more than 23 days before the general and consolidated
|
11 | | elections, the county clerk shall make available to those
|
12 | | municipal, township and road district clerks conducting |
13 | | in-person absentee
voting within such county, a sufficient
|
14 | | number of applications, absentee ballots, envelopes, and |
15 | | printed voting
instruction slips for use by absentee voters in |
16 | | the offices of such
clerks. The respective clerks shall receipt |
17 | | for all ballots received,
shall return all unused or spoiled |
18 | | ballots to the county clerk on the
day of the election and |
19 | | shall strictly account for all ballots received. |
20 | | The ballots delivered to the respective clerks shall |
21 | | include absentee
ballots for each precinct in the municipality, |
22 | | township or road
district, or shall include such separate |
23 | | ballots for each political
subdivision conducting an election |
24 | | of officers or a referendum on that
election day as will permit |
25 | | any resident of the municipality, township
or road district to |
26 | | vote absentee in the office of the proper clerk. |
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1 | | The clerks of all municipalities, townships and road |
2 | | districts may
distribute applications for absentee ballot for |
3 | | the use of voters who
wish to mail such applications to the |
4 | | appropriate election authority. Any person may produce, |
5 | | reproduce, distribute, or return to an election authority the |
6 | | application for absentee ballot. Upon receipt, the appropriate |
7 | | election authority shall accept and promptly process any |
8 | | application for absentee ballot.
|
9 | | (Source: P.A. 96-1008, eff. 7-6-10; 97-766, eff. 7-6-12.) |
10 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) |
11 | | Sec. 19-3. The
application for absentee ballot shall be |
12 | | substantially in the
following form: |
13 | | APPLICATION FOR ABSENTEE BALLOT |
14 | | To be voted at the .... election in the County of .... and |
15 | | State of
Illinois, in the .... precinct of the (1) *township of |
16 | | .... (2) *City of
.... or (3) *.... ward in the City of .... |
17 | | I state that I am a resident of the .... precinct of the |
18 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in |
19 | | the city of
.... residing at .... in such city or town in the |
20 | | county of .... and
State of Illinois; that I have lived at such |
21 | | address for .... month(s)
last past; that I am lawfully |
22 | | entitled to vote in such precinct at the
.... election to be |
23 | | held therein on ....; and that I wish to vote by absentee |
24 | | ballot. |
25 | | I hereby make application for an official ballot or ballots |
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1 | | to be
voted by me at such election, and I agree that I shall |
2 | | return such ballot or ballots to the
official issuing the same |
3 | | prior to the closing of the polls on the date
of the election |
4 | | or, if returned by mail, postmarked no later than midnight |
5 | | preceding election day, for counting no later than during the |
6 | | period for counting provisional ballots, the last day of which |
7 | | is the 14th day following election day. |
8 | | I understand that this application is made for an official |
9 | | absentee ballot or ballots to be voted by me at the election |
10 | | specified in this application and that I must submit a separate |
11 | | application for an official absentee ballot or ballots to be |
12 | | voted by me at any subsequent election. |
13 | | Under penalties as provided by law pursuant to Section |
14 | | 29-10 of The
Election Code, the undersigned certifies that the |
15 | | statements set forth
in this application are true and correct. |
16 | | .... |
17 | | *fill in either (1), (2) or (3). |
18 | | Post office address to which ballot is mailed: |
19 | | ............... |
20 | | However, if application is made for a primary election |
21 | | ballot, such
application shall require the applicant to |
22 | | designate the name of the political party with which
the |
23 | | applicant is affiliated. |
24 | | If application is made electronically, the applicant shall |
25 | | mark the box associated with the above described statement |
26 | | included as part of the online application certifying that the |
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1 | | statements set forth in this application are true and correct, |
2 | | and a signature is not required. |
3 | | Any person may produce, reproduce, distribute, or return to |
4 | | an election authority the application for absentee ballot. Upon |
5 | | receipt, the appropriate election authority shall accept and |
6 | | promptly process any application for absentee ballot submitted |
7 | | in a form substantially similar to that required by this |
8 | | Section, including any substantially similar production or |
9 | | reproduction generated by the applicant. |
10 | | (Source: P.A. 96-312, eff. 1-1-10; 96-553, eff. 8-17-09; |
11 | | 96-1000, eff. 7-2-10; 96-1008, eff. 7-6-10; 97-766, eff. |
12 | | 7-6-12.)
|
13 | | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
|
14 | | Sec. 19-4. Mailing or delivery of ballots - Time.) |
15 | | Immediately upon
the receipt of such application either by mail |
16 | | or electronic means , not more than 40 days
nor less than 5 days |
17 | | prior to such election, or by personal delivery not
more than |
18 | | 40 days nor less than one day prior to such election, at the
|
19 | | office of such election authority, it shall be the duty of such |
20 | | election
authority to examine the records to ascertain whether |
21 | | or not such
applicant is lawfully entitled to vote as
|
22 | | requested, including a verification of the applicant's |
23 | | signature by comparison with the signature on the official |
24 | | registration record card, and if found so to be entitled to |
25 | | vote, to post within one business day thereafter
the name, |
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1 | | street address,
ward and precinct number or township and |
2 | | district number, as the case may be,
of such applicant given on |
3 | | a list, the pages of which are to be numbered
consecutively to |
4 | | be kept by such election authority for such purpose in a
|
5 | | conspicuous, open and public place accessible to the public at |
6 | | the entrance of
the office of such election authority, and in |
7 | | such a manner that such list may
be viewed without necessity of |
8 | | requesting permission therefor. Within one
day after posting |
9 | | the name and other information of an applicant for
an absentee |
10 | | ballot, the election authority shall transmit by electronic |
11 | | means pursuant to a process established by the State Board of |
12 | | Elections that name and other
posted information to the State |
13 | | Board of Elections, which shall maintain those
names and other |
14 | | information in an electronic format on its website, arranged by
|
15 | | county and accessible to State and local political committees. |
16 | | Within 2
business days after posting a name and other |
17 | | information on the list within
its
office, the election |
18 | | authority shall mail,
postage prepaid, or deliver in person in |
19 | | such office an official ballot
or ballots if more than one are |
20 | | to be voted at said election. Mail delivery
of Temporarily |
21 | | Absent Student ballot applications pursuant to Section
19-12.3 |
22 | | shall be by nonforwardable mail. However,
for the consolidated |
23 | | election, absentee ballots for certain precincts may
be |
24 | | delivered to applicants not less than 25 days before the |
25 | | election if
so much time is required to have prepared and |
26 | | printed the ballots containing
the names of persons nominated |
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1 | | for offices at the consolidated primary.
The election authority |
2 | | shall enclose with each absentee ballot or
application written |
3 | | instructions on how voting assistance shall be provided
|
4 | | pursuant to Section 17-14 and a document, written and approved |
5 | | by the State
Board of Elections,
enumerating
the circumstances |
6 | | under which a person is authorized to vote by absentee
ballot |
7 | | pursuant to this Article; such document shall also include a
|
8 | | statement informing the applicant that if he or she falsifies |
9 | | or is
solicited by another to falsify his or her
eligibility to |
10 | | cast an absentee ballot, such applicant or other is subject
to
|
11 | | penalties pursuant to Section 29-10 and Section 29-20 of the |
12 | | Election Code.
Each election authority shall maintain a list of |
13 | | the name, street address,
ward and
precinct, or township and |
14 | | district number, as the case may be, of all
applicants who have |
15 | | returned absentee ballots to such authority, and the name of |
16 | | such absent voter shall be added to such list
within one |
17 | | business day from receipt of such ballot.
If the absentee |
18 | | ballot envelope indicates that the voter was assisted in
|
19 | | casting the ballot, the name of the person so assisting shall |
20 | | be included on
the list. The list, the pages of which are to be |
21 | | numbered consecutively,
shall be kept by each election |
22 | | authority in a conspicuous, open, and public
place accessible |
23 | | to the public at the entrance of the office of the election
|
24 | | authority and in a manner that the list may be viewed without |
25 | | necessity of
requesting permission for viewing.
|
26 | | Each election authority shall maintain a list for each |
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1 | | election
of the
voters to whom it has issued absentee ballots. |
2 | | The list shall be
maintained for each precinct within the |
3 | | jurisdiction of the election
authority. Prior to the opening of |
4 | | the polls on election day, the
election authority shall deliver |
5 | | to the judges of election in each
precinct the list of |
6 | | registered voters in that precinct to whom absentee
ballots |
7 | | have been issued by mail.
|
8 | | Each election authority shall maintain a list for each |
9 | | election of
voters to whom it has issued temporarily absent |
10 | | student ballots. The list
shall be maintained for each election |
11 | | jurisdiction within which such voters
temporarily abide. |
12 | | Immediately after the close of the period during which
|
13 | | application may be made by mail or electronic means for |
14 | | absentee ballots, each election
authority shall mail to each |
15 | | other election authority within the State a
certified list of |
16 | | all such voters temporarily abiding within the
jurisdiction of |
17 | | the other election authority.
|
18 | | In the event that the return address of an
application for |
19 | | ballot by a physically incapacitated elector
is that of a |
20 | | facility licensed or certified under the Nursing Home Care
Act, |
21 | | the Specialized Mental Health Rehabilitation Act, or the ID/DD |
22 | | Community Care Act, within the jurisdiction of the election |
23 | | authority, and the applicant
is a registered voter in the |
24 | | precinct in which such facility is located,
the ballots shall |
25 | | be prepared and transmitted to a responsible judge of
election |
26 | | no later than 9 a.m. on the Saturday, Sunday or Monday |
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1 | | immediately
preceding the election as designated by the |
2 | | election authority under
Section 19-12.2. Such judge shall |
3 | | deliver in person on the designated day
the ballot to the |
4 | | applicant on the premises of the facility from which
|
5 | | application was made. The election authority shall by mail |
6 | | notify the
applicant in such facility that the ballot will be |
7 | | delivered by a judge of
election on the designated day.
|
8 | | All applications for absentee ballots shall be available at |
9 | | the office
of the election authority for public inspection upon |
10 | | request from the
time of receipt thereof by the election |
11 | | authority until 30 days after the
election, except during the |
12 | | time such applications are kept in the
office of the election |
13 | | authority pursuant to Section 19-7, and except during
the time |
14 | | such applications are in the possession of the judges of |
15 | | election.
|
16 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, |
17 | | eff. 1-1-12; 97-813, eff. 7-13-12.)
|
18 | | (10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
|
19 | | Sec. 19-7.
|
20 | | (a) Upon receipt of such absent voter's ballot, the |
21 | | election
authority shall forthwith enclose the same unopened, |
22 | | together with the
application made by said absent voter in a |
23 | | large or carrier envelope
which shall be securely sealed and |
24 | | endorsed with the name and official
title of such officer and |
25 | | the words, "This envelope contains an absent
voter's ballot and |
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1 | | must be opened on election day," together with the number and
|
2 | | description of the precinct in which said ballot is to be |
3 | | voted, and
such officer shall thereafter safely keep the same |
4 | | in his office until
counted by him as provided in the next |
5 | | section.
|
6 | | (b) Within one day after receipt of such absent voter's |
7 | | ballot, the election authority shall transmit, by electronic |
8 | | means pursuant to a process established by the State Board of |
9 | | Elections, the voter's name, street address, e-mail address, |
10 | | and precinct, ward, township, and district numbers, as the case |
11 | | may be, to the State Board of Elections, which shall maintain |
12 | | those names and that information in an electronic format on its |
13 | | website, arranged by county and accessible to State and local |
14 | | political committees. |
15 | | (Source: P.A. 81-155.)
|
16 | | (10 ILCS 5/19A-15)
|
17 | | Sec. 19A-15. Period for early voting; hours.
|
18 | | (a) The period for early voting by personal appearance |
19 | | begins the 15th day preceding a general primary, consolidated |
20 | | primary, consolidated, or
general election and extends through |
21 | | the 3rd day before election day.
|
22 | | (b) A permanent polling place for early voting must remain |
23 | | open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. |
24 | | to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on |
25 | | Saturdays , Sundays, and holidays , and 12:00 p.m. to 3:00 p.m. |
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1 | | on Sundays ; except that, in addition to the hours required by |
2 | | this subsection, a permanent early voting polling place |
3 | | designated by an election authority under subsection (c) of |
4 | | Section 19A-10 must remain open for a total of at least 8 hours |
5 | | on any holiday during the early voting period and a total of at |
6 | | least 14 hours on the final weekend during the early voting |
7 | | period.
|
8 | | (c) Notwithstanding subsections (a) and (b), an election |
9 | | authority may close an early voting polling place if the |
10 | | building in which the polling place is located has been closed |
11 | | by the State or unit of local government in response to a |
12 | | severe weather emergency. In the event of a closure, the |
13 | | election authority shall conduct early voting on the 2nd day |
14 | | before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to |
15 | | 5:00 p.m. The election authority shall notify the State Board |
16 | | of Elections of any closure and shall make reasonable efforts |
17 | | to provide notice to the public of the extended early voting |
18 | | period. |
19 | | (d) Notwithstanding subsections (a) and (b), in 2013 only, |
20 | | an election authority may close an early voting place on Good |
21 | | Friday, Holy Saturday, and Easter Sunday, provided that the |
22 | | early voting place remains open 2 hours later on April 3, 4, |
23 | | and 5 of 2013. The election authority shall notify the State |
24 | | Board of Elections of any closure and shall provide notice to |
25 | | the public of the closure and the extended hours during the |
26 | | final week. |
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1 | | (Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4, |
2 | | eff. 3-12-13.) |
3 | | (10 ILCS 5/19A-70)
|
4 | | Sec. 19A-70. Advertising or campaigning in proximity of |
5 | | polling place;
penalty. During the period prescribed in Section |
6 | | 19A-15 for early voting by
personal appearance, no advertising |
7 | | pertaining to any candidate or proposition
to be voted on may |
8 | | be displayed in or within 100 feet of any polling place used
by |
9 | | voters under this Article. No person may engage in |
10 | | electioneering in or
within 100 feet of any polling place used |
11 | | by voters under this Article. The provisions of Section 17-29 |
12 | | with respect to establishment of a campaign free zone , |
13 | | including, but not limited to, the provisions for placement of |
14 | | signage on public property beyond the campaign free zone, apply |
15 | | to polling places under this Article.
|
16 | | Any person who violates this Section may be punished for |
17 | | contempt of court.
|
18 | | (Source: P.A. 94-645, eff. 8-22-05.)
|
19 | | (10 ILCS 5/22-6) (from Ch. 46, par. 22-6)
|
20 | | Sec. 22-6. E-Canvass. |
21 | | (a) Within 22 days after each election, each Election |
22 | | Authority shall provide unit-by-unit vote totals to the State |
23 | | Board of Elections in an electronic format to be prescribed by |
24 | | the State Board of Elections. The State Board of Elections |
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1 | | shall promulgate rules necessary for the implementation of this |
2 | | Section.
|
3 | | (b) Beginning with the November 2014 general election and |
4 | | every primary, consolidated, general, and special election |
5 | | thereafter, within 52 days after each election, the State Board |
6 | | of Elections shall publish the precinct-by-precinct vote |
7 | | totals on its website and make them available in a downloadable |
8 | | form. |
9 | | (Source: P.A. 95-699, eff. 11-9-07.)
|
10 | | (10 ILCS 5/24A-6.2 new) |
11 | | Sec. 24A-6.2. Programming of automatic tabulating |
12 | | equipment. Beginning with the 2014 general election and all |
13 | | primary, consolidated, general, and special elections |
14 | | thereafter, automatic tabulating equipment authorized by this |
15 | | Section and programmed for a primary, consolidated, general, or |
16 | | special election conducted pursuant to general election law |
17 | | shall be programmed using the unique race and candidate ID |
18 | | numbers assigned by the State Board of Elections. The unique |
19 | | race and candidate ID numbers will be provided to the county |
20 | | clerk or election authority, as the case may be, with the |
21 | | candidate certification prepared by the State Board of |
22 | | Elections. In addition, any new voting system approved by the |
23 | | state after the 2014 general election shall have the capability |
24 | | to export the election results by ballot style and group them |
25 | | by precinct in an electronic format prescribed by the State |
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1 | | Board of Elections.
|
2 | | (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
|
3 | | Sec. 24A-16. The State Board of Elections shall approve all |
4 | | voting
systems provided by this Article. |
5 | | No voting system shall be approved
unless it fulfills the |
6 | | following requirements:
|
7 | | (1) It enables a voter to vote in absolute secrecy;
|
8 | | (2) (Blank);
|
9 | | (3) It enables a voter to vote a ticket selected in |
10 | | part from the
nominees of one party, and in part from the |
11 | | nominees of any or all parties,
and in part from |
12 | | independent candidates and in part of candidates whose
|
13 | | names are written in by the voter;
|
14 | | (4) It enables a voter to vote a written or printed |
15 | | ticket of his own
selection for any person for any office |
16 | | for whom he may desire to vote;
|
17 | | (5) It will reject all votes for an office or upon a |
18 | | proposition when
the voter has cast more votes for such |
19 | | office or upon such proposition than
he is entitled to |
20 | | cast;
|
21 | | (5.5) It will identify when a voter has not voted for |
22 | | all statewide constitutional offices;
|
23 | | (6) It will accommodate all propositions to be |
24 | | submitted to the voters
in the form provided by law or, |
25 | | where no such form is provided, then in
brief form, not to |
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1 | | exceed 75 words.
|
2 | | (7) It will accommodate the tabulation programming |
3 | | requirements of Sections 24A-6.2, 24B-6.2, and 24C-6.2. |
4 | | The State Board of Elections shall not approve any voting |
5 | | equipment or system that includes an external Infrared Data |
6 | | Association (IrDA) communications port.
|
7 | | The State Board of Elections is authorized to withdraw its |
8 | | approval of a
voting system if the system fails to fulfill the |
9 | | above requirements.
|
10 | | The vendor, person, or other private entity shall be solely |
11 | | responsible for the production and cost of: all application |
12 | | fees; all ballots; additional temporary workers; and other |
13 | | equipment or facilities needed and used in the testing of the |
14 | | vendor's, person's, or other private entity's respective |
15 | | equipment and software.
|
16 | | Any voting system vendor, person, or other private entity |
17 | | seeking the State Board of Elections' approval of a voting |
18 | | system shall, as part of the approval application, submit to |
19 | | the State Board a non-refundable fee. The State Board of |
20 | | Elections by rule shall establish an appropriate fee structure, |
21 | | taking into account the type of voting system approval that is |
22 | | requested (such as approval of a new system, a modification of |
23 | | an existing system, the size of the modification, etc.). No |
24 | | voting system or modification of a voting system shall be |
25 | | approved unless the fee is paid.
|
26 | | No vendor, person, or other entity may sell, lease, or |
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1 | | loan, or have a written contract, including a contract |
2 | | contingent upon State Board approval of the voting system or |
3 | | voting system component, to sell, lease, or loan, a voting
|
4 | | system or voting system component to any election jurisdiction |
5 | | unless the
voting system or voting system component is first |
6 | | approved by the State
Board of Elections pursuant to this |
7 | | Section.
|
8 | | (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
9 | | (10 ILCS 5/24B-6.2 new) |
10 | | Sec. 24B-6.2. Programming of automatic tabulating |
11 | | equipment. Beginning with the 2014 general election and all |
12 | | primary, consolidated, general, and special elections |
13 | | thereafter, automatic tabulating equipment authorized by this |
14 | | Section and programmed for a primary, consolidated, general, or |
15 | | special election conducted pursuant to general election law |
16 | | shall be programmed using the unique race and candidate ID |
17 | | numbers assigned by the State Board of Elections. The unique |
18 | | race and candidate ID numbers will be provided to the county |
19 | | clerk or election authority, as the case may be, with the |
20 | | candidate certification prepared by the State Board of |
21 | | Elections. In addition, any new voting system approved by the |
22 | | State after the 2014 general election shall have the capability |
23 | | to export the election results by ballot style and group them |
24 | | by precinct in an electronic format prescribed by the State |
25 | | Board of Elections. |
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1 | | (10 ILCS 5/24C-6.2 new) |
2 | | Sec. 24C-6.2. Programming of automatic tabulating |
3 | | equipment. Beginning with the 2014 general election and all |
4 | | primary, consolidated, general, and special elections |
5 | | thereafter, automatic tabulating equipment authorized by this |
6 | | Section and programmed for a primary, consolidated, general, or |
7 | | special election conducted pursuant to general election law |
8 | | shall be programmed using the unique race and candidate ID |
9 | | numbers assigned by the State Board of Elections. The unique |
10 | | race and candidate ID numbers will be provided to the county |
11 | | clerk or election authority, as the case may be, with the |
12 | | candidate certification prepared by the State Board of |
13 | | Elections. In addition, any new voting system approved by the |
14 | | State after the 2014 general election shall have the capability |
15 | | to export the election results by ballot style and group them |
16 | | by precinct in an electronic format prescribed by the State |
17 | | Board of Elections.
|
18 | | (10 ILCS 5/28-8) (from Ch. 46, par. 28-8)
|
19 | | Sec. 28-8. If a referendum held in accordance with Section |
20 | | 28-7 of this
Act involved
the question of whether a unit of |
21 | | local government shall
become a home rule unit or shall cease |
22 | | to be a home rule unit and if that referendum passed, then the |
23 | | clerk
of that unit of local government shall, within 45
days |
24 | | after the
referendum,
file with the Secretary of State a |
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1 | | certified
statement showing the results of the referendum and |
2 | | the resulting status
of the unit of local government as a home |
3 | | rule unit or a non-home rule
unit. The Secretary of State shall |
4 | | maintain such certified statements in
his office as a public |
5 | | record.
|
6 | | The question of whether a unit of local government shall |
7 | | become a home rule unit shall be submitted in substantially the |
8 | | following form: |
9 | | Shall (name of the unit of local government) become a home |
10 | | rule unit? |
11 | | Votes must be recorded as "yes" or "no". |
12 | | The question of whether a unit of local government shall |
13 | | cease to be a home rule unit shall be submitted in |
14 | | substantially the following form: |
15 | | Shall (name of the unit of local government) cease to be a |
16 | | home rule unit? |
17 | | Votes must be recorded as "yes" or "no". |
18 | | (Source: P.A. 95-699, eff. 11-9-07.)
|
19 | | Section 7. The Illinois Identification Card Act is amended |
20 | | by changing Section 11 as follows:
|
21 | | (15 ILCS 335/11) (from Ch. 124, par. 31)
|
22 | | Sec. 11. The Secretary may make a search of his records and |
23 | | furnish
information as to whether a person has a current |
24 | | Standard Illinois
Identification Card or an Illinois Person |
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1 | | with a Disability Identification Card then on
file, upon |
2 | | receipt of a written application therefor accompanied with the
|
3 | | prescribed fee. However, the Secretary may not disclose medical
|
4 | | information concerning an individual to any person, public |
5 | | agency, private
agency, corporation or governmental body |
6 | | unless the individual has
submitted a written request for the |
7 | | information or unless the individual
has given prior written |
8 | | consent for the release of the information to a
specific person |
9 | | or entity. This exception shall not apply to: (1) offices
and |
10 | | employees of the Secretary who have a need to know the medical
|
11 | | information in performance of their official duties, or (2) |
12 | | orders of a
court of competent jurisdiction. When medical |
13 | | information is disclosed by
the Secretary in accordance with |
14 | | the provisions of this Section, no
liability shall rest with |
15 | | the Office of the Secretary of State as the
information is |
16 | | released for informational purposes only. |
17 | | The Secretary may release personally identifying |
18 | | information or highly restricted personal information only to: |
19 | | (1) officers and employees of the Secretary who have a |
20 | | need to know that information; |
21 | | (2) other governmental agencies for use in their |
22 | | official governmental functions; |
23 | | (3) law enforcement agencies that need the information |
24 | | for a criminal or civil investigation; or |
25 | | (3-5) the State Board of Elections for the sole purpose |
26 | | of providing the signatures required by a local election |
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1 | | authority to register a voter through an online voter |
2 | | registration system; or |
3 | | (4) any entity that the Secretary has authorized, by |
4 | | rule, to receive this information. |
5 | | The Secretary may not disclose an individual's social |
6 | | security number or any associated information obtained from the |
7 | | Social Security Administration without the written request or |
8 | | consent of the individual except: (i) to officers and employees |
9 | | of the Secretary who have a need to know the social security |
10 | | number in the performance of their official duties; (ii) to law |
11 | | enforcement officials for a lawful civil or criminal law |
12 | | enforcement investigation if the head of the law enforcement |
13 | | agency has made a written request to the Secretary specifying |
14 | | the law enforcement investigation for which the social security |
15 | | number is being sought; (iii) under a lawful court order signed |
16 | | by a judge; or (iv) to the Illinois Department of Veterans' |
17 | | Affairs for the purpose of confirming veteran status.
|
18 | | (Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13; |
19 | | revised 9-5-12.)
|
20 | | Section 10. The Counties Code is amended by changing |
21 | | Section 3-6001.5 as follows:
|
22 | | (55 ILCS 5/3-6001.5)
|
23 | | Sec. 3-6001.5. Sheriff qualifications. On or after the |
24 | | effective date of this amendatory Act of the 98th General |
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1 | | Assembly December 1, 1997 ,
except as otherwise provided in this |
2 | | Section, a person is not eligible to be a
candidate for the |
3 | | office of sheriff, and a person shall not be elected or
|
4 | | appointed to the office of sheriff, unless that person meets |
5 | | all of the
following requirements:
|
6 | | (1) Is a United States citizen.
|
7 | | (2) Has been a resident of the county for at least one |
8 | | year.
|
9 | | (3) Is not a convicted felon.
|
10 | | (Source: P.A. 90-447, eff. 8-16-97.)
|
11 | | Section 15. The Illinois Municipal Code is amended by |
12 | | changing Section 3.1-10-5 as follows:
|
13 | | (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
|
14 | | Sec. 3.1-10-5. Qualifications; elective office.
|
15 | | (a) A person is not eligible for an elective municipal |
16 | | office unless that
person is a qualified elector of the |
17 | | municipality and has resided in the
municipality at least
one |
18 | | year next preceding the election or appointment, except as |
19 | | provided in Section 3.1-20-25, subsection (b) of Section |
20 | | 3.1-25-75, Section 5-2-2, or Section 5-2-11.
|
21 | | (b) A person is not eligible to take the oath of office for |
22 | | a municipal office if that person is, at the time required for |
23 | | taking the oath of office, in arrears in the payment of a tax |
24 | | or other indebtedness due to the municipality or A person is |
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1 | | not eligible for an elective municipal office if that
person is |
2 | | in arrears
in the payment of a tax or other indebtedness due to |
3 | | the municipality or
has been convicted in any court located in |
4 | | the United States of any infamous
crime,
bribery, perjury, or |
5 | | other felony.
|
6 | | (b-5) A person is not eligible to hold a municipal office, |
7 | | if that person is, at any time during the term of office, in |
8 | | arrears in the payment of a tax or other indebtedness due to |
9 | | the municipality or has been convicted in any court located in |
10 | | the United States of any infamous crime, bribery, perjury, or |
11 | | other felony. |
12 | | (c) A person is not eligible for the office of
alderman of |
13 | | a ward unless that person has resided
in the ward that the |
14 | | person seeks to represent, and a person is not eligible for the |
15 | | office of trustee of a district unless that person has resided |
16 | | in the
municipality, at least one year next
preceding the |
17 | | election or appointment, except
as provided in Section |
18 | | 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, |
19 | | or Section 5-2-11.
|
20 | | (d) If a person (i) is a resident of a municipality |
21 | | immediately prior to the active duty military service of that |
22 | | person or that person's spouse, (ii) resides anywhere outside |
23 | | of the municipality during that active duty military service, |
24 | | and (iii) immediately upon completion of that active duty |
25 | | military service is again a resident of the municipality, then |
26 | | the time during which the person resides outside the |
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1 | | municipality during the active duty military service is deemed |
2 | | to be time during which the person is a resident of the |
3 | | municipality for purposes of determining the residency |
4 | | requirement under subsection (a).
|
5 | | (Source: P.A. 97-1091, eff. 8-24-12.)
|
6 | | Section 20. The Revised Cities and Villages Act of 1941 is |
7 | | amended by changing Sections 21-12, 21-28, 21-30 and 21-32 as |
8 | | follows:
|
9 | | (65 ILCS 20/21-12) (from Ch. 24, par. 21-12)
|
10 | | Sec. 21-12. City clerk and city treasurer; Election; |
11 | | Tenure. At the time of election of the mayor there shall be |
12 | | elected also in a nonpartisan election a city
clerk and a city |
13 | | treasurer. The candidates receiving a majority of the votes
|
14 | | cast for clerk and treasurer at the consolidated primary |
15 | | election shall be
declared the clerk and treasurer. If no |
16 | | candidate receives a majority of the
votes for one of the |
17 | | offices, a runoff election shall be held at the
consolidated |
18 | | election, when only the names of the candidates receiving the
|
19 | | highest and second highest number of votes for that office at |
20 | | the consolidated
primary election shall appear on the ballot. |
21 | | If more than one candidate
received the highest or second |
22 | | highest number of votes for one of the offices
at the |
23 | | consolidated primary election, the names of all candidates |
24 | | receiving the
highest and second highest number of votes for |
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1 | | that office shall appear on the
ballot at the consolidated |
2 | | election. The candidate receiving the highest
number of votes |
3 | | at the consolidated election shall be declared elected.
|
4 | | The clerk and treasurer each shall hold office for a
term |
5 | | of 4 years beginning at noon on the third Monday in May
|
6 | | following the election and until a successor is elected and |
7 | | qualified. No
person, however, shall be elected to the office |
8 | | of city treasurer for 2
terms in succession.
|
9 | | (Source: P.A. 93-847, eff. 7-30-04.)
|
10 | | (65 ILCS 20/21-28) (from Ch. 24, par. 21-28)
|
11 | | Sec. 21-28. Nomination by petition. |
12 | | (a) All nominations for alderman of any ward in the city |
13 | | shall be by
petition. All petitions for nominations of |
14 | | candidates shall be signed by
such a number of legal voters of |
15 | | the ward as will aggregate not less
than 4% two per cent
of all |
16 | | the votes cast for alderman in such ward at the last preceding
|
17 | | general election. For the election following the redistricting |
18 | | of wards
petitions for nominations of candidates shall be |
19 | | signed by the number of
legal voters of the ward as will |
20 | | aggregate not less than 4% 2% of the total
number of votes cast |
21 | | for mayor at the last preceding municipal election
divided by |
22 | | the number of wards. |
23 | | (b) All nominations for mayor, city clerk, and city |
24 | | treasurer in the city shall be by petition. Each petition for |
25 | | nomination of a candidate must be signed by at least 12,500 |
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1 | | legal voters of the city.
|
2 | | (c) All such petitions, and procedure with
respect thereto,
|
3 | | shall conform in other respects to the provisions of the |
4 | | election and
ballot laws then in force in the city of Chicago |
5 | | concerning the nomination
of independent candidates for public |
6 | | office by petition. The method of
nomination herein provided is |
7 | | exclusive of and replaces all other methods
heretofore provided |
8 | | by law.
|
9 | | (Source: P.A. 94-645, eff. 8-22-05.)
|
10 | | (65 ILCS 20/21-30) (from Ch. 24, par. 21-30)
|
11 | | Sec. 21-30.
Form
of ballot.
Ballots to be used at any |
12 | | general, supplementary or special election for
aldermen held |
13 | | under the provisions of this article, in addition to other
|
14 | | requirements of law, shall conform to the following |
15 | | requirements:
|
16 | | (1) At the top of the ballots shall be printed in capital |
17 | | letters the
words designating the ballot. If a general |
18 | | aldermanic election the words
shall be "Official aldermanic |
19 | | election ballot"; if a supplementary election
the designating |
20 | | words shall be "Official supplementary aldermanic election
|
21 | | ballot"; if a special aldermanic election, the words shall be |
22 | | "Special
aldermanic election ballot."
|
23 | | (2) Beginning not less than one inch below such designating |
24 | | words and
extending across the face of the ballot, the title of |
25 | | each office to be
filled shall be printed in capital letters.
|
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1 | | (3) The names of candidates for different terms of service |
2 | | therein (if
any there be), shall be arranged and printed in |
3 | | groups according to the
length of such terms.
|
4 | | (4) Immediately below the title of each office or group |
5 | | heading
indicating the term of office, shall be printed in |
6 | | small letters the
directions to voters, "Vote for one."
|
7 | | (5) Following thereupon shall be printed the names of the |
8 | | candidates for
such office according to the title and the term |
9 | | thereof and below the name
of each candidate shall be printed |
10 | | his place of residence, stating the
street and number (if any). |
11 | | The names of candidates shall be printed in
capital letters not |
12 | | less than one-eighth nor more than one-quarter of an
inch in |
13 | | height, and immediately at the left of the name of each |
14 | | candidate
shall be printed a square, the sides of which shall |
15 | | not be less than
one-quarter of an inch in length. The names of |
16 | | all the candidates for each
office shall be printed in a column |
17 | | and arranged in the order hereinafter
designated; all names of |
18 | | candidates shall be printed in uniform type; the
places of |
19 | | residence of such candidates shall be printed in uniform type;
|
20 | | and squares upon said ballots shall be of uniform size; and |
21 | | spaces between
the names of the candidates for the same office |
22 | | shall be of uniform size.
|
23 | | (6) The names of the candidates for alderman shall appear |
24 | | upon the
ballot in the order in which petitions for nomination |
25 | | have been filed in
the office of the board of election |
26 | | commissioners. However, 2 or more petitions filed within the |
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1 | | last hour of the filing deadline shall be deemed filed |
2 | | simultaneously. Where 2 or more
petitions are received |
3 | | simultaneously, the board of election commissioners
shall |
4 | | break ties and determine the order of filing by means of a |
5 | | lottery or
other fair and impartial method of random selection |
6 | | approved by the board
of election commissioners. Such lottery |
7 | | shall be conducted within 9 days
following the last day for |
8 | | petition filing and shall be open to the public. Seven
days |
9 | | written notice of the time and place of conducting such random
|
10 | | selection shall be given, by the board of election |
11 | | commissioners, to the
Chairman of each political party and to |
12 | | each organization of citizens
within the city which was |
13 | | entitled, under The Election Code, at the next
preceding |
14 | | election, to have pollwatchers present on the day of election.
|
15 | | The board of election commissioners shall post in a |
16 | | conspicuous, open and
public place, at the entrance of the |
17 | | office, notice of the time and place
of such lottery. The board |
18 | | of election commissioners shall adopt rules and
regulations |
19 | | governing the procedures for the conduct of such lottery.
|
20 | | (Source: P.A. 86-867.)
|
21 | | (65 ILCS 20/21-32) (from Ch. 24, par. 21-32)
|
22 | | Sec. 21-32.
Party
designations prohibited - Ballot to be |
23 | | separate from other ballots.
|
24 | | No party name, party initial, party circle platform, |
25 | | principle,
appellation or distinguishing mark of any kind shall |
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1 | | be printed upon any
election ballot used at any aldermanic |
2 | | election for mayor, city clerk, city treasurer, or alderman |
3 | | held under the provisions
of this article.
|
4 | | If any party primary election or any election for any |
5 | | office other than
aldermanic shall be held at the same time |
6 | | with any aldermanic election, the
ballots for aldermen shall be |
7 | | separate from all other ballots, except that
any question of |
8 | | public policy not required by law to be submitted on a
separate |
9 | | ballot from that containing names of persons to be voted for |
10 | | may
be submitted in the manner provided by law upon the same |
11 | | ballot as that
used for an aldermanic election: Provided, that |
12 | | the polls shall be opened
and closed for any aldermanic |
13 | | election at the same time as is provided for
the opening and |
14 | | closing of any party primary election for any office other
than |
15 | | alderman held at the same time.
|
16 | | (Source: Laws 1941, vol. 2, p. 19 .)
|
17 | | Section 25. The School Code is amended by changing Sections |
18 | | 6-2, 6-19, 9-10, 10-10, 32-1, and 32-2.5 as follows:
|
19 | | (105 ILCS 5/6-2) (from Ch. 122, par. 6-2)
|
20 | | Sec. 6-2.
Regional board; creation; membership; abolition |
21 | | and
transfer of duties.
|
22 | | (a) There is created a regional board of school trustees |
23 | | for that territory
in each educational service region exclusive |
24 | | of any school district organized
under Article 34 and exclusive |
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1 | | of any school district whose school board has
been given the |
2 | | powers of school trustees; provided that on the effective date
|
3 | | of this amendatory Act of 1992 the regional board of school |
4 | | trustees
theretofore created and existing for any territory in |
5 | | an educational service
region containing 2,000,000 or more |
6 | | inhabitants is abolished, the terms of
office of all members of |
7 | | the regional board of school trustees so abolished are
|
8 | | terminated on that effective date, and from and after that |
9 | | effective date all
rights, powers, duties, and |
10 | | responsibilities that were vested in or required by
law to be |
11 | | exercised and performed by the former regional board of school
|
12 | | trustees shall be vested in and exercised and performed by the |
13 | | successors to
the former regional board of school trustees as |
14 | | provided in subsection (b) of
this Section 6-2. Any school |
15 | | district whose board of education acts as a board
of school |
16 | | trustees shall have within its district the powers and duties |
17 | | of a
regional board of school trustees.
|
18 | | Unless abolished as provided in this Section, the regional |
19 | | board of
school trustees, in both single county and |
20 | | multi-county
educational service regions, shall consist of 7 |
21 | | members. In single county
regions not more than one trustee may |
22 | | be a resident of any one congressional
township; however, in |
23 | | case there are fewer than 7 congressional townships
in the |
24 | | region then not more than two of such trustees may be residents |
25 | | of
the same congressional township. Notwithstanding the |
26 | | foregoing residency provision, in a single county region with a |
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1 | | population of greater than 750,000 inhabitants, but less than |
2 | | 1,200,000 inhabitants, 2 trustees may be residents of the same |
3 | | congressional township if and only if such trustees were |
4 | | elected at the April 9, 2013 consolidated election. In 2 county |
5 | | regions at least 2 trustees
shall be residents of each county. |
6 | | In 3 or more county regions at least
one trustee shall be a |
7 | | resident of each county. If more than 7 counties
constitute the |
8 | | educational service region, the regional board of school
|
9 | | trustees shall consist of one resident of each county.
|
10 | | The regional board of school trustees shall be a body |
11 | | politic and corporate
by the name of "Regional Board of School |
12 | | Trustees of.... County (or Counties),
Illinois." Such |
13 | | corporation shall have perpetual existence with power to
sue |
14 | | and be sued and to plead and be impleaded in all courts and |
15 | | places where
judicial proceedings are had.
|
16 | | (b) Upon the abolition of the regional board of school |
17 | | trustees and
the termination of the terms of office of the |
18 | | members of that former
regional board of school trustees in an |
19 | | educational service region
containing 2,000,000 or more |
20 | | inhabitants as provided in subsection (a), the
trustees of |
21 | | schools of each township included within the territory of that
|
22 | | educational service region that was served by the former |
23 | | regional board of
school trustees, or if any such township is a |
24 | | township referred to in
subsection (b) of Section 5-1 and there |
25 | | are no trustees of schools acting
in that township then the |
26 | | school board of each school district located in
that township, |
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1 | | shall be the successors to the former regional board of
school |
2 | | trustees. As successors to the former regional board of school
|
3 | | trustees, the trustees of schools of each such township and the |
4 | | school
board of each such school district, with respect to all |
5 | | territory included
within the school township or school |
6 | | district served by the trustees of
schools of the township or |
7 | | school board, shall be vested with and shall
exercise and |
8 | | perform all rights, powers, duties, and responsibilities
|
9 | | formerly held, exercised, and performed with respect to that |
10 | | territory by
the regional board of school trustees abolished |
11 | | under subsection (a) of this Section.
|
12 | | Upon abolition of the regional board of school trustees in |
13 | | an educational
service region having 2,000,000 or more |
14 | | inhabitants as provided in
subsection (a) of this Section, all |
15 | | books, records, maps, papers,
documents, equipment, supplies, |
16 | | accounts, deposits, and other personal
property belonging to or |
17 | | subject to the control or disposition of the
former regional |
18 | | board of school trustees (excepting only such items as may
have |
19 | | been provided by the county board) shall be transferred and |
20 | | delivered
to the trustees of schools of the townships and the |
21 | | school boards that are
the successors to the former regional |
22 | | board of school trustees for the
territory included within |
23 | | their respective school townships or school
districts.
|
24 | | From and after the effective date of this amendatory Act of |
25 | | 1992, any
reference in the School Code or any other law of this |
26 | | State to the regional
board of school trustees or county board |
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1 | | of school trustees shall mean,
with respect to all territory |
2 | | within an educational service region
containing 2,000,000 or |
3 | | more inhabitants that formerly was served by a
regional board |
4 | | of school trustees abolished under subsection (a) of this
|
5 | | Section, the trustees of schools of the township or the school |
6 | | board of the
school district that is the successor to the |
7 | | former regional board of
school trustees with respect to the |
8 | | territory included within that school
township or school |
9 | | district.
|
10 | | (Source: P.A. 87-969.)
|
11 | | (105 ILCS 5/6-19) (from Ch. 122, par. 6-19)
|
12 | | Sec. 6-19. Vacancy on regional board. Subject to the |
13 | | residency provisions in Section 6-2 of this Code, any Any |
14 | | vacancy on the regional board of school trustees shall be |
15 | | filled
from the same territory by the remaining members until |
16 | | the next regular
election for members of the regional board of |
17 | | school trustees, when the
vacancy shall be filled for the |
18 | | unexpired time.
Removal of a member from the township from |
19 | | which such member was elected
into a township which has its |
20 | | quota of members on the board shall
constitute a vacancy.
|
21 | | (Source: P.A. 80-1469.)
|
22 | | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
|
23 | | Sec. 9-10. Candidates for office - Nominating petitions. |
24 | | Candidates for
the office of school director shall be nominated |
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1 | | by petition signed by at
least 25 voters or 5% of the voters, |
2 | | whichever is less, residing within
the district and filed with |
3 | | the county clerk or the county board of election commissioners, |
4 | | as the case may be, of the county in which the principal office |
5 | | of the school district is located secretary of the board of |
6 | | school directors
or with a person designated by the board to |
7 | | receive nominating petitions .
|
8 | | Nominations for members of boards of education, including |
9 | | non-high school
boards of education shall be made by a petition |
10 | | signed by at least 50 voters
or 10% of the voters, whichever is |
11 | | less, residing within the district and
shall be filed with the |
12 | | county clerk or the county board of election commissioners, as |
13 | | the case may be, of the county in which the principal office of |
14 | | the school district is located secretary of the board of |
15 | | education or with a
person designated by the board to receive |
16 | | nominating petitions . In addition
to the requirements of the |
17 | | general election law, the form of such petitions
shall be |
18 | | substantially as follows:
|
19 | | NOMINATING PETITIONS
|
20 | | (LEAVE OUT THE INAPPLICABLE PART.)
|
21 | | To the (County Clerk or County Board of Election |
22 | | Commissioners) secretary of the board of education (or board of |
23 | | directors)
of district number .... of in .... County:
|
24 | | We the undersigned, being (.... or more) (or 10% or more) |
25 | | (or 5% or more)
of the voters residing within said district, |
26 | | hereby petition that .... who
resides at .... in the (city or |
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1 | | village) of .... in Township .... (or who
resides outside any |
2 | | city, village or incorporated town and in Township ....) in
|
3 | | said district shall be a candidate for the office of .... of |
4 | | the board of
education (or board of directors) (full term) |
5 | | (vacancy) to be voted for at the
election to be held on (insert |
6 | | date).
|
7 | | Name: .................. Address: ...................
|
8 | | In the designation of the name of a candidate on a petition |
9 | | for
nomination, the candidate's given name or names, initial or |
10 | | initials, a nickname by which the candidate is commonly known, |
11 | | or a combination thereof may be used in addition to the |
12 | | candidate's surname. If a candidate has changed his or her |
13 | | name, whether by a statutory or common law procedure in |
14 | | Illinois or any other jurisdiction, within 3 years before the |
15 | | last day for filing the petition, then (i) the candidate's name |
16 | | on the petition must be followed by "formerly known as (list |
17 | | all prior names during the 3-year period) until name changed on |
18 | | (list date of each such name change)" and (ii) the petition |
19 | | must be accompanied by the candidate's affidavit stating the |
20 | | candidate's previous names during the period specified in |
21 | | clause (i) and the date or dates each of those names was |
22 | | changed; failure to meet these requirements shall be grounds |
23 | | for denying certification of the candidate's name for the |
24 | | ballot, but these requirements do not apply to name changes |
25 | | resulting from adoption to assume an adoptive parent's or |
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1 | | parents' surname, marriage to assume a spouse's surname, or |
2 | | dissolution of marriage or declaration of invalidity of |
3 | | marriage to assume a former surname. No other designation, such |
4 | | as a political slogan, as defined by Section 7-17 of the |
5 | | Election Code, title or degree, or nickname suggesting or |
6 | | implying possession of a title, degree or professional status, |
7 | | or similar information may be used in connection with the |
8 | | candidate's surname.
|
9 | | Nomination papers filed under this Section are not valid |
10 | | unless the candidate
named therein files with the county clerk |
11 | | or the county board of election commissioners, as the case may |
12 | | be, of the county in which the principal office of the school |
13 | | district is located secretary of the board of education or a
|
14 | | person designated by the board to receive nominating petitions |
15 | | a receipt
from the county clerk showing that the candidate has |
16 | | filed a statement of
economic interests as required by the |
17 | | Illinois Governmental Ethics Act.
Such receipt shall be so |
18 | | filed either previously during the calendar year
in which his |
19 | | nomination papers were filed or within the period for the |
20 | | filing
of nomination papers in accordance with the general |
21 | | election law.
|
22 | | All petitions for the nomination of members of a board of |
23 | | education shall
be filed with the county clerk or the county |
24 | | board of election commissioners, as the case may be, of the |
25 | | county in which the principal office of the school district is |
26 | | located secretary of the board or a person designated by the
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1 | | board to receive nominating petitions within the time provided |
2 | | for
by the general election law. The county clerk or the county |
3 | | board of election commissioners secretary shall receive and |
4 | | file only
those petitions which include a statement of |
5 | | candidacy, the required number
of voter signatures, the |
6 | | notarized signature of the petition circulator
and a receipt |
7 | | from the County Clerk showing that the candidate has filed
a |
8 | | statement of economic interest on or before the last day to |
9 | | file as required
by the Illinois Governmental Ethics Act. The |
10 | | county clerk or the county board of election commissioners |
11 | | secretary may have petition
forms available
for issuance to |
12 | | potential candidates, and may give notice of the petition
|
13 | | filing period by publication in a newspaper of general |
14 | | circulation within
the school district not less than 10 days |
15 | | prior to the first day of filing.
The county clerk or the |
16 | | county board of election commissioners Said secretary shall |
17 | | make certification to the proper election authorities
in |
18 | | accordance with the general election law.
If the secretary is |
19 | | an incumbent school board member seeking re-election,
a |
20 | | disinterested person must be a witness to the filing of his |
21 | | petition.
|
22 | | The county clerk or the county board of election |
23 | | commissioners, as the case may be, of the county in which the |
24 | | principal office of the school district is located secretary of |
25 | | the board of education shall notify the candidates
for whom a |
26 | | petition for nomination is filed or the appropriate committee
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1 | | of the obligations under the Campaign Financing Act as provided |
2 | | in the general
election law. Such notice
shall be given on a |
3 | | form prescribed by the State Board of Elections and
in |
4 | | accordance with the requirements of the general election law. |
5 | | The county clerk or county board of election commissioners |
6 | | secretary
shall within 7 days of filing or on the last day for |
7 | | filing, whichever is
earlier, acknowledge to the petitioner in |
8 | | writing the office's his acceptance of the
petition.
|
9 | | A candidate for membership on the board of education or for |
10 | | office as a
school director, who has petitioned for nomination |
11 | | to fill a full term and
to fill a vacant term to be voted upon |
12 | | at the same election, must withdraw
his or her petition for |
13 | | nomination from either the full term or the vacant
term by |
14 | | written declaration.
|
15 | | In all newly organized districts the petition for the |
16 | | nomination of
candidates
for members of the board of education |
17 | | at the first election shall be addressed
to and filed with the |
18 | | regional superintendent of schools in the manner herein
|
19 | | specified for the petitions for
members of a board of |
20 | | education. For such election the regional superintendent
shall |
21 | | fulfill all duties otherwise assigned to the secretary of the |
22 | | board
of education.
|
23 | | (Source: P.A. 95-141, eff. 8-13-07.)
|
24 | | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
|
25 | | Sec. 10-10. Board of education; Term; Vacancy. All school |
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1 | | districts
having a population of not fewer than 1,000 and not |
2 | | more than 500,000
inhabitants, as ascertained by any special or |
3 | | general census, and not
governed by special Acts, shall be |
4 | | governed by a board of education
consisting of 7 members, |
5 | | serving without compensation except as herein
provided. Each |
6 | | member shall be elected for a term of 4 years for the initial |
7 | | members
of the board of education of a combined school district |
8 | | to which that
subsection applies. If 5 members are elected in |
9 | | 1983 pursuant to the extension
of terms provided by
law for |
10 | | transition to the consolidated election schedule under the |
11 | | general
election law, 2 of those members shall be elected to |
12 | | serve terms of 2 years
and 3 shall be elected to serve terms of |
13 | | 4 years; their successors shall
serve for a 4 year term. When |
14 | | the voters of a district have voted to elect
members of the |
15 | | board of education for 6 year terms, as provided in Section
|
16 | | 9-5, the terms of office of members of the board of education |
17 | | of that
district expire when their successors assume office but |
18 | | not later than 7
days after such election. If at the regular |
19 | | school election held in the
first odd-numbered year after the |
20 | | determination to elect members for 6 year
terms 2 members are |
21 | | elected, they shall serve for a 6 year term; and of the
members |
22 | | elected at the next regular school election 3 shall serve for a
|
23 | | term of 6 years and 2 shall serve a term of 2 years. Thereafter |
24 | | members
elected in such districts shall be elected to a 6 year |
25 | | term. If at the
regular school election held in the first |
26 | | odd-numbered year after the
determination to elect members for |
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1 | | 6 year terms 3 members are elected, they
shall serve for a 6 |
2 | | year term; and of the members elected at the next
regular |
3 | | school election 2 shall serve for a term of 2 years and 2 shall
|
4 | | serve for a term of 6 years. Thereafter members elected in such |
5 | | districts
shall be elected to a 6 year term. If at the regular |
6 | | school election held
in the first odd-numbered year after the |
7 | | determination to elect members for
6 year terms 4 members are |
8 | | elected, 3 shall serve for a term of 6 years and
one shall |
9 | | serve for a term of 2 years; and of the members elected at the
|
10 | | next regular school election 2 shall serve for terms of 6 years |
11 | | and 2 shall
serve for terms of 2 years. Thereafter members |
12 | | elected in such districts
shall be elected to a 6 year term. If |
13 | | at the regular school election held
in the first odd-numbered |
14 | | year after the determination to elect members for
a 6 year term |
15 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 |
16 | | shall serve for a term of 2 years; and of the members elected |
17 | | at the
next regular school election 2 shall serve for terms of |
18 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter |
19 | | members elected in such districts
shall be elected to a 6 year |
20 | | term. An election for board members shall not
be held in school |
21 | | districts which by consolidation, annexation or otherwise
|
22 | | shall cease to exist as a school district within 6 months after |
23 | | the
election date, and the term of all board members which |
24 | | would otherwise
terminate shall be continued until such |
25 | | district shall cease to exist. Each
member, on the date of his |
26 | | or her election, shall be a
citizen of the United
States of the |
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1 | | age of 18 years or over, shall be a resident of the State and
|
2 | | the
territory of the district for at least one year immediately |
3 | | preceding his or
her
election, shall be a registered voter as |
4 | | provided in the general election
law,
shall not be a school |
5 | | trustee, and shall not be a child
sex offender as defined in |
6 | | Section 11-9.3 of the
Criminal Code of 2012. When the board of
|
7 | | education is the successor of the school directors, all rights |
8 | | of property,
and all rights regarding causes of action existing |
9 | | or vested in such
directors, shall vest in it as fully as they |
10 | | were vested in the school
directors. Terms of members are |
11 | | subject to Section 2A-54 of the Election Code.
|
12 | | Nomination papers filed under this Section are not valid |
13 | | unless the candidate
named therein files with the county clerk |
14 | | or the county board of election commissioners, as the case may |
15 | | be, of the county in which the principal office of the school |
16 | | district is located secretary of the board of education or with
|
17 | | a person designated by the board to receive nominating |
18 | | petitions a receipt
from the county clerk showing that the |
19 | | candidate has filed a statement of
economic interests as |
20 | | required by the Illinois Governmental Ethics Act.
Such receipt |
21 | | shall be so filed either previously during the calendar year
in |
22 | | which his nomination papers were filed or within the period for |
23 | | the filing
of nomination papers in accordance with the general |
24 | | election law.
|
25 | | Whenever a vacancy occurs, the remaining members shall |
26 | | notify the
regional superintendent of that vacancy within 5 |
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1 | | days after its occurrence
and shall proceed to fill the vacancy |
2 | | until the next regular school
election, at which election a |
3 | | successor shall be elected to serve the
remainder of the |
4 | | unexpired term. However, if the vacancy occurs with less
than |
5 | | 868 days remaining in the term, or if the vacancy occurs
less |
6 | | than 88
days before the next regularly scheduled election for |
7 | | this office then the
person so appointed shall serve the |
8 | | remainder of the unexpired term, and no
election to fill the |
9 | | vacancy shall be held. Should they fail so to
act, within 45 |
10 | | days after the vacancy occurs, the regional superintendent
of |
11 | | schools under whose supervision and control the district is |
12 | | operating,
as defined in Section 3-14.2 of this Act, shall |
13 | | within 30 days after the
remaining members have failed to fill |
14 | | the vacancy, fill the vacancy as
provided for herein. Upon the |
15 | | regional superintendent's failure to fill the
vacancy, the |
16 | | vacancy shall be filled at the next regularly scheduled
|
17 | | election. Whether elected or appointed by the remaining members |
18 | | or regional
superintendent, the successor shall be an |
19 | | inhabitant of the particular area
from which his or her |
20 | | predecessor was elected if the residential requirements
|
21 | | contained in Section 10-10.5 or 12-2 of this Code apply.
|
22 | | A board of education may appoint a student to the board to |
23 | | serve in an advisory capacity. The student member shall serve |
24 | | for a term as determined by the board. The board may not grant |
25 | | the student member any voting privileges, but shall consider |
26 | | the student member as an advisor. The student member may not |
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1 | | participate in or attend any executive session of the board.
|
2 | | (Source: P.A. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)
|
3 | | (105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
|
4 | | Sec. 32-1. May vote to organize under general law.
|
5 | | (a) Any special charter district may, by vote of its |
6 | | electors, cease to
control its school under the Act under which |
7 | | it was organized, and become part
of the school township or |
8 | | townships in which it is situated. Upon petition of
50 voters |
9 | | of the district, presented to the board having the control and
|
10 | | management of the schools, the board shall order submitted to |
11 | | the voters at an
election to be held in the district, in |
12 | | accordance with the general election
law, the question of |
13 | | "organizing under the general school law".
The secretary of the |
14 | | board shall make certification to the proper election
authority |
15 | | in accordance with the general election law. If, however, a
|
16 | | majority of the votes cast at any such election in any school |
17 | | district subject
to Sections 32-3 through 32-4.11 is against |
18 | | organizing the district under
the general school law, the |
19 | | question may not again be submitted in the district
for 22 |
20 | | months thereafter, and then only upon petition signed by at |
21 | | least 2% of
the voters of the school district. Notice shall be |
22 | | given in accordance with
the general election law, which notice |
23 | | shall be in the following form:
|
24 | | NOTICE OF REFERENDUM
|
25 | | Notice is hereby given that on (insert date), a referendum |
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1 | | will be held at.... for the purpose of deciding the
question of |
2 | | organizing under the general school law. The polls will be |
3 | | opened
at .... o'clock ..m and closed at .... o'clock ..m.
|
4 | | Signed .....
|
5 | | If a majority of the votes cast on the proposition is in |
6 | | favor of organizing
under the general school law, then the |
7 | | board having the control and management
of schools in the |
8 | | district, shall declare the proposition carried.
|
9 | | When such a proposition is declared to have so carried, the |
10 | | board of
education shall continue to exercise its powers and |
11 | | duties under the general
school law. Each member of the board |
12 | | of education selected under the provisions
of the special |
13 | | charter shall continue in office until his term has expired.
|
14 | | Before the term of each of these members expires, the board |
15 | | shall give notice
of an election to be held on the date of the |
16 | | next regular school election, in
accordance with the general |
17 | | election law to fill the vacancy which is created.
Nomination |
18 | | papers filed under this Section are not valid unless the |
19 | | candidate
named therein files with the county clerk or the |
20 | | county board of election commissioners, as the case may be, of |
21 | | the county in which the principal office of the school district |
22 | | is located secretary of the board of education a receipt
from |
23 | | the county clerk showing that the candidate has filed a |
24 | | statement of
economic interests as required by the Illinois |
25 | | Governmental Ethics Act.
Such receipt shall be so filed either |
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1 | | previously during the calendar year
in which his nomination |
2 | | papers were filed or within the period for the filing
of |
3 | | nomination papers in accordance with the general election law.
|
4 | | (b) Notwithstanding the foregoing, any special charter |
5 | | district whose board
is appointed by the mayor or other |
6 | | corporate authority of that municipality
may, by resolution |
7 | | adopted by the corporate authorities of that municipality
cease |
8 | | to control its school under the Act under which it was |
9 | | organized,
become a part of the school township or townships in |
10 | | which it is situated
and become organized under the general |
11 | | school law. If such a resolution
is adopted, the board of |
12 | | education shall continue to exercise its powers
and duties |
13 | | under the general school law. Each member of the board of |
14 | | education
selected under the provisions of the special charter |
15 | | shall continue in office
until his term has expired. Before the |
16 | | term of each of these members expires,
the board shall give |
17 | | notice of an election to be held on the date of the
next |
18 | | regular school election, in accordance with the general |
19 | | election law
to fill the vacancy which is created.
|
20 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
21 | | (105 ILCS 5/32-2.5) (from Ch. 122, par. 32-2.5)
|
22 | | Sec. 32-2.5. Election of board of education in lieu of |
23 | | appointive board. In all special charter districts having a |
24 | | population of over 35,000 by the
last federal census, where the |
25 | | board of directors or board of education
is elected or |
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1 | | appointed by the city council of the city, of which school
|
2 | | district such city may form the whole or a part, and where |
3 | | there are no
provisions in the special charter creating such |
4 | | school district for the
election of a board of directors or |
5 | | board of education, there shall be elected
in lieu of the |
6 | | present governing body a board of education to consist of
7 |
7 | | members. Nomination of a candidate for member of the board of |
8 | | education
shall be made by petitions signed in the aggregate by |
9 | | not less than 200
qualified voters residing in the school |
10 | | district, and also by filing with
the petitions a statement of |
11 | | candidacy as provided in the general election
law, which |
12 | | petitions and statements
of candidacy shall be filed in the |
13 | | office of the board of education in
accordance with the general |
14 | | election law.
|
15 | | Nomination papers filed under this Section are not valid |
16 | | unless the candidate
named therein files with the county clerk |
17 | | or the county board of election commissioners, as the case may |
18 | | be, of the county in which the principal office of the school |
19 | | district is located secretary of the board of education a |
20 | | receipt
from the county clerk showing that the candidate has |
21 | | filed a statement of
economic interests as required by the |
22 | | Illinois Governmental Ethics Act.
Such receipt shall be so |
23 | | filed either previously during the calendar year
in which his |
24 | | nomination papers were filed or within the period for the |
25 | | filing
of nomination papers in accordance with the general |
26 | | election law.
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1 | | The county clerk or the county board of election |
2 | | commissioners secretary of the board shall make certification |
3 | | to the proper election
authority in accordance with the general |
4 | | election law.
|
5 | | (Source: P.A. 81-1490.)
|
6 | | Section 30. The Fox Waterway Agency Act is amended by |
7 | | changing Section 5 as follows:
|
8 | | (615 ILCS 90/5) (from Ch. 19, par. 1205)
|
9 | | Sec. 5. The Agency shall be governed by a Board of |
10 | | Directors, which
shall consist of 6 directors and one chairman |
11 | | elected pursuant to this Section.
|
12 | | Three directors shall be elected from within the territory |
13 | | of each
member county. Any resident
of a member county and the |
14 | | territory of the Agency, at least 18 years
of age, may become a |
15 | | candidate for
election as a director by filing a nominating |
16 | | petition
with the State Board of Elections containing the |
17 | | verified
signatures of at least 200 of the registered
voters of |
18 | | such county who reside within the territory of the Agency.
Such |
19 | | petition shall be filed not more than 113 78 nor
less than 106 |
20 | | 71 days prior to the date of election.
|
21 | | The chairman shall be elected at large from the territory |
22 | | of the Agency.
Any person eligible to become a candidate for |
23 | | election as director may become
a candidate for election as |
24 | | chairman by filing a nominating petition with
the State Board |
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1 | | of Elections containing the
verified signatures of at least 200 |
2 | | of the
registered voters of each member county who reside |
3 | | within the territory
of the Agency. Such petition shall be |
4 | | filed
not more than 113 78 nor less than 106 71 days prior to |
5 | | the date of the election.
|
6 | | Within
7 days after each consolidated election at which the |
7 | | chairman is
elected, the county clerk of each member county |
8 | | shall transmit the returns
for the election to the office of |
9 | | chairman
to the
State Board of Elections.
The State Board of |
10 | | Elections shall immediately canvass the returns
and proclaim |
11 | | the results thereof and shall issue a certificate of election
|
12 | | to the person so elected.
|
13 | | Beginning in 1985, the directors and chairman shall be |
14 | | elected at the
consolidated election and shall serve from the |
15 | | third Monday in May
following their respective elections until |
16 | | their respective successors are
elected and qualified. The term |
17 | | of office of a director shall be for 4
years, except that of |
18 | | the directors elected at the consolidated election of
1985, 3 |
19 | | shall serve until the first Monday in May 1987 and 3
shall |
20 | | serve until the first Monday in May 1989. The term of office
of |
21 | | a chairman shall be 4 years.
|
22 | | At least 90 days before the consolidated election of 1985 |
23 | | the State Board
of Elections shall meet to determine by lot |
24 | | which 3 director positions
shall be elected for terms to expire |
25 | | on the first Monday in May 1987 and
which 3 director positions |
26 | | shall be elected for terms to expire on the
first Monday in May |
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1 | | 1989. At least one director position from each member
county |
2 | | shall be elected for a term to expire on the first Monday in |
3 | | May 1987.
|
4 | | The county clerks of the member counties shall provide |
5 | | notice of each
election for chairman and director
in the manner |
6 | | prescribed in Article 12 of The Election Code, with the
notice |
7 | | of the elections to be held at the consolidated election of |
8 | | 1985 to
include a statement as to whether the director is to be |
9 | | elected for a term of
2 years or for a term of 4 years.
|
10 | | A chairman shall be elected at the consolidated election of |
11 | | 1985 and at
each consolidated election every 4 years |
12 | | thereafter. Six directors shall be
elected at the consolidated |
13 | | election of 1985. At the consolidated election
of 1987, and at |
14 | | each consolidated election every 4 years thereafter,
directors |
15 | | shall be elected from the constituencies of the directors who
|
16 | | were elected at the consolidated election of 1985 and whose |
17 | | terms expired on
the first Monday in May 1987. At the |
18 | | consolidated election of 1989, and at
each consolidated |
19 | | election every 4 years thereafter, directors shall be
elected |
20 | | from the constituencies of the directors who were elected at |
21 | | the
consolidated election of 1985 and whose terms expired on |
22 | | the first Monday in May 1989.
|
23 | | Vacancies in the office of director or chairman shall be |
24 | | filled by the
remaining members of the Board, who shall appoint |
25 | | to fill the vacated
office for the remainder of the term of |
26 | | such office an individual who would
be eligible for election to |
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1 | | such office.
If, however, a vacancy occurs in the office of |
2 | | chairman or director
with at least 28 months remaining in the |
3 | | term of such office, the office
shall be filled for the |
4 | | remainder of the term at the next consolidated
election. Until |
5 | | the office is filled by election, the remaining members of
the |
6 | | Board shall appoint a qualified person to the office in the |
7 | | manner provided
in this Section.
|
8 | | (Source: P.A. 93-847, eff. 7-30-04.)
|
9 | | Section 35. The Illinois Vehicle Code is amended by |
10 | | changing Section 6-110.1 as follows:
|
11 | | (625 ILCS 5/6-110.1)
|
12 | | Sec. 6-110.1. Confidentiality of captured photographs or |
13 | | images. The
Secretary of State shall maintain a file on or |
14 | | contract to file all photographs
and signatures obtained in the |
15 | | process of issuing a driver's license, permit,
or |
16 | | identification card. The photographs and signatures shall be |
17 | | confidential
and shall not be disclosed except to the following |
18 | | persons:
|
19 | | (1) the individual upon written request;
|
20 | | (2) officers and employees of the Secretary of State |
21 | | who have a need
to have access to the stored images for |
22 | | purposes of issuing and controlling
driver's licenses, |
23 | | permits, or identification cards;
|
24 | | (3) law enforcement officials for a lawful civil or |
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1 | | criminal
law enforcement investigation; or
|
2 | | (3-5) the State Board of Elections for the sole purpose |
3 | | of providing the signatures required by a local election |
4 | | authority to register a voter through an online voter |
5 | | registration system; or
|
6 | | (4) other entities that the Secretary may exempt by |
7 | | rule.
|
8 | | (Source: P.A. 92-16, eff. 6-28-01.)
|
9 | | Section 97. Severability. The provisions of this Act are |
10 | | severable under Section 1.31 of the Statute on Statutes. |
11 | | Section 99. Effective date. This Act takes effect upon |
12 | | becoming law, except that the changes made to Sections 1A-16, |
13 | | 4-8, 4-10, 4-12, 4-15, 5-7, 5-9, 5-15, 5-21, 6-29, 6-35, 6-40, |
14 | | and 6-57 of the Election Code take effect on October 1, 2013. |