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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.
| ||||||
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.
| ||||||
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:
| ||||||
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.
| ||||||
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.
| ||||||
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.
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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?
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 | .........................................
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 | |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 .........................
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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,
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |