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Sen. Don Harmon
Filed: 5/28/2013
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1 | | AMENDMENT TO HOUSE BILL 2418
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2 | | AMENDMENT NO. ______. Amend House Bill 2418 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Election Code is amended by changing |
5 | | Sections 1A-16, 1A-16.5, 1A-25, 4-8, 4-10, 4-12, 4-15, 4-33, |
6 | | 4-50, 5-7, 5-9, 5-15, 5-21, 5-43, 5-50, 6-29, 6-35, 6-40, 6-57, |
7 | | 6-79, 6-100, 6A-1, 6A-2, 6A-3, 6A-4, 7-10, 7-19, 7-46, 7-52, |
8 | | 7-53, 8-9, 9-1.8, 9-9.5, 9-8.5, 10-6.2, 10-7, 10-9, 10-10, |
9 | | 17-23, 18A-15, 19-2, 19-3, 19-2.1, 19-4, 19-7, 19A-15, 19A-70, |
10 | | 22-6, 24A-16, and 28-8 and by adding Sections 1-12, 6-19.5, |
11 | | 7-60.2, 24A-6.2, 24B-6.2, and 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 |
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1 | | university within the election authority's jurisdiction. For |
2 | | the purposes of this Section, "public university" means the |
3 | | University of Illinois at its campuses in Urbana-Champaign and |
4 | | Springfield, Southern Illinois University at its campuses in |
5 | | Carbondale and Edwardsville, Eastern Illinois University, |
6 | | Illinois State University, Northern Illinois University, and |
7 | | Western Illinois University at its campuses in Macomb and |
8 | | Moline. The voting required by this Section to be conducted on |
9 | | campus must be conducted as otherwise required by Article 19A |
10 | | of this Code. If an election authority has voting equipment |
11 | | that can accommodate a ballot in every form required in the |
12 | | election authority's jurisdiction, then the election authority |
13 | | shall extend early voting under this Section to any registered |
14 | | voter in the election authority's jurisdiction. However, if the |
15 | | election authority does not have voting equipment that can |
16 | | accommodate a ballot in every form required in the election |
17 | | authority's jurisdiction, then the election authority may |
18 | | limit early voting under this Section to registered voters in |
19 | | precincts where the public university is located and precincts |
20 | | bordering the university. Each public university shall make the |
21 | | space available in a high traffic area for, and cooperate and |
22 | | coordinate with the appropriate election authority in, the |
23 | | implementation of this Section.
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24 | | (10 ILCS 5/1A-16)
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25 | | Sec. 1A-16. Voter registration information; internet |
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1 | | posting; processing
of voter registration forms; content of |
2 | | such forms. Notwithstanding any law to
the contrary, the |
3 | | following provisions shall apply to voter registration under
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4 | | this Code.
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5 | | (a) Voter registration information; Internet posting of |
6 | | voter registration
form. Within 90 days after the effective |
7 | | date of this amendatory Act of the
93rd
General Assembly, the |
8 | | State Board of Elections shall post on its World Wide Web
site |
9 | | the following information:
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10 | | (1) A comprehensive list of the names, addresses, phone |
11 | | numbers, and
websites, if applicable, of all county clerks |
12 | | and boards
of election commissioners in Illinois.
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13 | | (2) A schedule of upcoming elections and the deadline |
14 | | for voter
registration.
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15 | | (3) A downloadable, printable voter registration form, |
16 | | in at least English
and in
Spanish versions, that a person |
17 | | may complete and mail or submit to the
State Board of |
18 | | Elections or the appropriate county clerk or
board of |
19 | | election commissioners.
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20 | | Any forms described under paragraph (3) must state the |
21 | | following:
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22 | | If you do not have a driver's license or social |
23 | | security number, and this
form is submitted by mail, and |
24 | | you have never registered to vote in the
jurisdiction you |
25 | | are now registering in, then you must send, with this
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26 | | application, either (i) a copy of a current and valid photo |
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1 | | identification, or
(ii) a copy of a current utility bill, |
2 | | bank statement, government check,
paycheck, or other |
3 | | government document that shows the name and address of the
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4 | | voter. If you do not provide the information required |
5 | | above, then you will be
required to provide election |
6 | | officials with either (i) or (ii) described above
the first |
7 | | time you vote at a voting place or by absentee ballot.
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8 | | (b) Acceptance of registration forms by the State Board of |
9 | | Elections and
county clerks and board of election |
10 | | commissioners. The
State Board of Elections, county clerks, and |
11 | | board of election commissioners
shall accept all completed |
12 | | voter registration forms
described in subsection (a)(3) of this |
13 | | Section and Sections 1A-17 and 1A-30 that are:
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14 | | (1) postmarked on or before the day that voter |
15 | | registration is closed
under
the Election Code;
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16 | | (2) not postmarked, but arrives no later than 5 days |
17 | | after the close
of registration;
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18 | | (3) submitted in person by a person using the form on |
19 | | or before the
day that voter registration is closed under |
20 | | the Election Code; or
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21 | | (4) submitted in person by a person who submits one or |
22 | | more forms
on behalf of one or more persons who used the |
23 | | form on or before
the day that voter registration is closed |
24 | | under the Election Code.
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25 | | Upon the receipt of a registration form, the State Board of |
26 | | Elections shall
mark
the date on which the form was received
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1 | | and send the form via first class mail to the appropriate |
2 | | county clerk or board
of
election commissioners, as the case |
3 | | may be, within 2 business days based upon
the home address of |
4 | | the person submitting the registration form. The county
clerk |
5 | | and board of election commissioners shall accept and process |
6 | | any form
received from the State Board of Elections.
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7 | | (c) Processing of registration forms by county clerks and |
8 | | boards of election
commissioners. The county clerk or board of |
9 | | election commissioners shall
promulgate procedures for |
10 | | processing the voter registration form.
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11 | | (d) Contents of the voter registration form. The State |
12 | | Board shall create
a voter registration form, which must |
13 | | contain the following content:
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14 | | (1) Instructions for completing the form.
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15 | | (2) A summary of the qualifications to register to vote |
16 | | in Illinois.
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17 | | (3) Instructions for mailing in or submitting the form |
18 | | in person.
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19 | | (4) The phone number for the State Board of Elections |
20 | | should a person
submitting the form have questions.
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21 | | (5) A box for the person to check that explains one of |
22 | | 3 reasons for
submitting the form:
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23 | | (a) new registration;
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24 | | (b) change of address; or
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25 | | (c) change of name.
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26 | | (6) a box for the person to check yes or no that asks, |
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1 | | "Are you a citizen
of the United States?", a box for the |
2 | | person to check yes or no that asks,
"Will you be 18 years |
3 | | of age on or before election day?", and a statement of
"If |
4 | | you checked 'no' in response to either of these questions, |
5 | | then do not
complete this form.".
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6 | | (7) A space for the person to fill in his or her home |
7 | | telephone
number.
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8 | | (8) Spaces for the person to fill in his or her first, |
9 | | middle, and last
names, street address (principal place of |
10 | | residence), county, city, state, and
zip code.
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11 | | (9) Spaces for the person to fill in his or her mailing |
12 | | address, city,
state, and zip code if different from his or |
13 | | her principal place of residence.
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14 | | (10) A space for the person to fill in his or her |
15 | | Illinois driver's
license number if the person has a |
16 | | driver's license.
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17 | | (11) A space for a person without a driver's license to |
18 | | fill in the last
four digits of his or her social security |
19 | | number if the person has a social
security number.
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20 | | (12) A space for a person without an Illinois driver's |
21 | | license to fill in
his or her identification number from |
22 | | his or her State Identification card
issued by the |
23 | | Secretary of State.
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24 | | (13) A space for the person to fill the name appearing |
25 | | on his or her last
voter registration, the street address |
26 | | of his or her last registration,
including the city, |
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1 | | county, state, and zip code.
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2 | | (14) A space where the person swears or affirms the |
3 | | following under
penalty of perjury with his or her |
4 | | signature:
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5 | | (a) "I am a citizen of the United States.";
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6 | | (b) "I will be at least 18 years old on or before |
7 | | the next election.";
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8 | | (c) "I will have lived in the State of Illinois and |
9 | | in my election
precinct at least 30 days as of the date |
10 | | of the next election."; and
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11 | | "The information I have provided is true to the |
12 | | best of my knowledge
under penalty of perjury. If I |
13 | | have provided false information, then I may be
fined, |
14 | | imprisoned, or if I am not a U.S. citizen, deported |
15 | | from or refused
entry into the United States."
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16 | | (15) A space for the person to fill in his or her |
17 | | e-mail address if he or she chooses to provide that |
18 | | information. |
19 | | (d-5) Compliance with federal law; rulemaking authority. |
20 | | The voter
registration
form described in this Section shall be |
21 | | consistent with the form prescribed by
the
Federal
Election |
22 | | Commission under the National Voter Registration Act of 1993,
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23 | | P.L. 103-31, as amended from time to time, and the Help America |
24 | | Vote Act of
2002, P.L. 107-252, in all relevant respects. The |
25 | | State Board of Elections
shall periodically update the form |
26 | | based on changes to federal or State law.
The State Board of |
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1 | | Elections shall promulgate any rules necessary for the
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2 | | implementation of this Section; provided that the rules
comport |
3 | | with the letter and spirit of the National Voter Registration |
4 | | Act of
1993 and Help America Vote Act of 2002 and maximize the |
5 | | opportunity for a
person to register to vote.
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6 | | (e) Forms available in paper form. The State Board of |
7 | | Elections shall make
the voter registration form available in |
8 | | regular paper stock and form in
sufficient quantities for the |
9 | | general public. The State Board of Elections may
provide the |
10 | | voter registration form to the Secretary of State, county
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11 | | clerks, boards of election commissioners, designated agencies |
12 | | of the State of
Illinois, and any other person or entity |
13 | | designated to have these forms by the
Election Code in regular |
14 | | paper stock and form or some other format deemed
suitable by |
15 | | the Board. Each county clerk or board of election commissioners |
16 | | has
the authority to design and print its own voter |
17 | | registration form so long as
the form complies with the |
18 | | requirements of this Section. The State Board
of Elections, |
19 | | county clerks, boards of election commissioners, or other
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20 | | designated agencies of the State of Illinois required to have |
21 | | these forms under
the Election Code shall provide a member of |
22 | | the public with any reasonable
number of forms
that he or she |
23 | | may request. Nothing in this Section shall permit the State
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24 | | Board of
Elections, county clerk, board of election |
25 | | commissioners, or other appropriate
election official who may |
26 | | accept a voter registration form to refuse to accept
a voter |
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1 | | registration form because the form is printed on photocopier or |
2 | | regular
paper
stock and form.
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3 | | (f) (Blank). Internet voter registration study. The State |
4 | | Board of Elections shall
investigate the feasibility of |
5 | | offering voter registration on its website and
consider voter |
6 | | registration methods of other states in an effort to maximize
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7 | | the opportunity for all Illinois citizens to register to vote. |
8 | | The State Board
of Elections shall assemble its findings in a |
9 | | report and submit it to the
General Assembly no later than |
10 | | January 1, 2006. The report shall contain
legislative |
11 | | recommendations to the General Assembly on improving voter
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12 | | registration in Illinois.
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13 | | (Source: P.A. 94-492, eff. 1-1-06; 94-645, eff. 8-22-05; |
14 | | 95-331, eff. 8-21-07.)
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15 | | (10 ILCS 5/1A-16.5 new) |
16 | | Sec. 1A-16.5. Online voter registration. |
17 | | (a) The State Board of Elections shall establish and |
18 | | maintain a system for online voter registration that permits a |
19 | | person to apply to register to vote or to update his or her |
20 | | existing voter registration. In accordance with technical |
21 | | specifications provided by the State Board of Elections, each |
22 | | election authority shall maintain a voter registration system |
23 | | capable of receiving and processing voter registration |
24 | | application information, including electronic signatures, from |
25 | | the online voter registration system established by the State |
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1 | | Board of Elections. |
2 | | (b) The online voter registration system shall employ |
3 | | security measures to ensure the accuracy and integrity of voter |
4 | | registration applications submitted electronically pursuant to |
5 | | this Section. |
6 | | (c) The Board may receive voter registration information |
7 | | provided by applicants using the State Board of Elections' |
8 | | website, may cross reference that information with data or |
9 | | information contained in the Secretary of State's database in |
10 | | order to match the information submitted by applicants, and may |
11 | | receive from the Secretary of State the applicant's digitized |
12 | | signature upon a successful match of that applicant's |
13 | | information with that contained in the Secretary of State's |
14 | | database. |
15 | | (d) Notwithstanding any other provision of law, a person |
16 | | who is qualified to register to vote and who has an authentic |
17 | | Illinois driver's license or State identification card issued |
18 | | by the Secretary of State may submit an application to register |
19 | | to vote electronically on a website maintained by the State |
20 | | Board of Elections. |
21 | | (e) An online voter registration application shall contain |
22 | | all of the information that is required for a paper application |
23 | | as provided in Section 1A-16 of this Code, except that the |
24 | | applicant shall be required to provide: |
25 | | (1) the applicant's full Illinois driver's license or |
26 | | State identification card number; |
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1 | | (2) the last 4 digits of the applicant's social |
2 | | security number; and |
3 | | (3) the date the Illinois driver's license or State |
4 | | identification card was issued. |
5 | | (f) For an applicant's registration or change in |
6 | | registration to be accepted, the applicant shall mark the box |
7 | | associated with the following statement included as part of the |
8 | | online voter registration application: |
9 | | "By clicking on the box below, I swear or affirm all of the |
10 | | following: |
11 | | "(1) I am the person whose name and identifying information |
12 | | is provided on this form, and I desire to register to vote in |
13 | | the State of Illinois. |
14 | | "(2) All the information I have provided on this form is |
15 | | true and correct as of the date I am submitting this form. |
16 | | "(3) I authorize the Secretary of State to transmit to the |
17 | | State Board of Elections my signature that is on file with the |
18 | | Secretary of State and understand that such signature will be |
19 | | used by my local election authority on this online voter |
20 | | registration application for admission as an elector as if I |
21 | | had signed this form personally.". |
22 | | (g) Immediately upon receiving a completed online voter |
23 | | registration application, the online voter registration system |
24 | | shall send, by electronic mail, a confirmation notice that the |
25 | | application has been received. Within 48 hours of receiving |
26 | | such an application, the online voter registration system shall |
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1 | | send by electronic mail, a notice informing the applicant of |
2 | | whether the following information has been matched with the |
3 | | Secretary of State database: |
4 | | (1) that the applicant has an authentic Illinois |
5 | | driver's license or State identification card issued by the |
6 | | Secretary of State and that the driver's license or State |
7 | | identification number provided by the applicant matches |
8 | | the driver's license or State identification card number |
9 | | for that person on file with the Secretary of State; |
10 | | (2) that the date of issuance of the Illinois driver's |
11 | | license or State identification card listed on the |
12 | | application matches the date of issuance of that card for |
13 | | that person on file with the Secretary of State; |
14 | | (3) that the date of birth provided by the applicant |
15 | | matches the date of birth for that person on file with the |
16 | | Secretary of State; and |
17 | | (4) that the last 4 digits of the applicant's social |
18 | | security number matches the last four digits for that |
19 | | person on file with the Secretary of State. |
20 | | (h) If the information provided by the applicant matches |
21 | | the information on the Secretary of State's databases for any |
22 | | driver's license and State identification card holder and is |
23 | | matched as provided in subsection (g) above, the online voter |
24 | | registration system shall: |
25 | | (1) retrieve from the Secretary of State's database |
26 | | files an electronic copy of the applicant's signature from |
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1 | | his or her Illinois driver's license or State |
2 | | identification card and such signature shall be deemed to |
3 | | be the applicant's signature on his or her online voter |
4 | | registration application; |
5 | | (2) within 2 days of receiving the application, forward |
6 | | to the county clerk or board of election commissioners |
7 | | having jurisdiction over the applicant's voter |
8 | | registration: (i) the application, along with the |
9 | | applicant's relevant data that can be directly loaded into |
10 | | the jurisdiction's voter registration system and (ii) a |
11 | | copy of the applicant's electronic signature and a |
12 | | certification from the State Board of Elections that the |
13 | | applicant's driver's license or State identification card |
14 | | number, driver's license or State identification card date |
15 | | of issuance, and date of birth and social security |
16 | | information have been successfully matched. |
17 | | (i) Upon receipt of the online voter registration |
18 | | application, the county clerk or board of election |
19 | | commissioners having jurisdiction over the applicant's voter |
20 | | registration shall promptly search its voter registration |
21 | | database to determine whether the applicant is already |
22 | | registered to vote at the address on the application and |
23 | | whether the new registration would create a duplicate |
24 | | registration. If the applicant is already registered to vote at |
25 | | the address on the application, the clerk or board, as the case |
26 | | may be, shall send the applicant by first class mail, and |
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1 | | electronic mail if the applicant has provided an electronic |
2 | | mail address on the original voter registration form for that |
3 | | address, a disposition notice as otherwise required by law |
4 | | informing the applicant that he or she is already registered to |
5 | | vote at such address. If the applicant is not already |
6 | | registered to vote at the address on the application and the |
7 | | applicant is otherwise eligible to register to vote, the clerk |
8 | | or board, as the case may be, shall: |
9 | | (1) enter the name and address of the applicant on the |
10 | | list of registered voters in the jurisdiction; and |
11 | | (2) send by mail, and electronic mail if the applicant |
12 | | has provided an electronic mail address on the voter |
13 | | registration form, a disposition notice to the applicant as |
14 | | otherwise provided by law setting forth the applicant's |
15 | | name and address as it appears on the application and |
16 | | stating that the person is registered to vote. |
17 | | (j) An electronic signature of the person submitting a |
18 | | duplicate registration application or a change of address form |
19 | | that is retrieved and imported from the Secretary of State's |
20 | | driver's license or State identification card database as |
21 | | provided herein may, in the discretion of the clerk or board, |
22 | | be substituted for and replace any existing signature for that |
23 | | individual in the voter registration database of the county |
24 | | clerk or board of election commissioners. |
25 | | (k) Any new registration or change of address submitted |
26 | | electronically as provided in this Section shall become |
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1 | | effective as of the date it is received by the county clerk or |
2 | | board of election commissioners having jurisdiction over said |
3 | | registration. Disposition notices prescribed in this Section |
4 | | shall be sent within 5 business days of receipt of the online |
5 | | application or change of address by the county clerk or board |
6 | | of election commissioners. |
7 | | (l) All provisions of this Code governing voter |
8 | | registration and applicable thereto and not inconsistent with |
9 | | this Section shall apply to online voter registration under |
10 | | this Section. All applications submitted on a website |
11 | | maintained by the State Board of Elections shall be deemed |
12 | | timely filed if they are submitted no later than 11:59 p.m. on |
13 | | the final day for voter registration prior to an election. |
14 | | After the registration period for an upcoming election has |
15 | | ended and until the 2nd day following such election, the web |
16 | | page containing the online voter registration form on the State |
17 | | Board of Elections website shall inform users of the procedure |
18 | | for grace period voting. |
19 | | (m) The State Board of Elections shall maintain a list of |
20 | | the name, street address, e-mail address, and likely precinct, |
21 | | ward, township, and district numbers, as the case may be, of |
22 | | people who apply to vote online through the voter registration |
23 | | system and those names and that information shall be stored in |
24 | | an electronic format on its website, arranged by county and |
25 | | accessible to State and local political committees. |
26 | | (n) The Illinois State Board of Elections shall submit a |
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1 | | report to the General Assembly and the Governor by January 31, |
2 | | 2014 detailing the progress made to implement the online voter |
3 | | registration system described in this Section. |
4 | | (o) The online voter registration system provided for in |
5 | | this Section shall be fully operational by July 1, 2014. |
6 | | (10 ILCS 5/1A-25) |
7 | | Sec. 1A-25. Centralized statewide voter registration list. |
8 | | The centralized statewide voter registration list required by |
9 | | Title III, Subtitle A, Section 303 of the Help America Vote Act |
10 | | of 2002 shall be created and maintained by the State Board of |
11 | | Elections as provided in this Section. |
12 | | (1) The centralized statewide voter registration list |
13 | | shall be compiled from the voter registration data bases of |
14 | | each election authority in this State.
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15 | | (2) With the exception of voter registration forms |
16 | | submitted electronically through an online voter |
17 | | registration system, all All new voter registration forms |
18 | | and applications to register to vote, including those |
19 | | reviewed by the Secretary of State at a driver services |
20 | | facility, shall be transmitted only to the appropriate |
21 | | election authority as required by Articles 4, 5, and 6 of |
22 | | this Code and not to the State Board of Elections. All |
23 | | voter registration forms submitted electronically to the |
24 | | State Board of Elections through an online voter |
25 | | registration system shall be transmitted to the |
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1 | | appropriate election authority as required by Section |
2 | | 1A-16.5. The election authority shall process and verify |
3 | | each voter registration form and electronically enter |
4 | | verified registrations on an expedited basis onto the |
5 | | statewide voter registration list. All original |
6 | | registration cards shall remain permanently in the office |
7 | | of the election authority as required by this Code.
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8 | | (3) The centralized statewide voter registration list |
9 | | shall:
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10 | | (i) Be designed to allow election authorities to |
11 | | utilize the registration data on the statewide voter |
12 | | registration list pertinent to voters registered in |
13 | | their election jurisdiction on locally maintained |
14 | | software programs that are unique to each |
15 | | jurisdiction.
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16 | | (ii) Allow each election authority to perform |
17 | | essential election management functions, including but |
18 | | not limited to production of voter lists, processing of |
19 | | absentee voters, production of individual, pre-printed |
20 | | applications to vote, administration of election |
21 | | judges, and polling place administration, but shall |
22 | | not prevent any election authority from using |
23 | | information from that election authority's own |
24 | | systems.
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25 | | (4) The registration information maintained by each |
26 | | election authority shall be synchronized with that |
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1 | | authority's information on the statewide list at least once |
2 | | every 24 hours.
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3 | | To protect the privacy and confidentiality of voter |
4 | | registration information, the disclosure of any portion of the |
5 | | centralized statewide voter registration list to any person or |
6 | | entity other than to a State or local political committee and |
7 | | other than to a governmental entity for a governmental purpose |
8 | | is specifically prohibited except as follows: subject to |
9 | | security measures adopted by the State Board of Elections |
10 | | which, at a minimum, shall include the keeping of a catalog or |
11 | | database, available for public view, including the name, |
12 | | address, and telephone number of the person viewing the list as |
13 | | well as the time of that viewing, any person may view the list |
14 | | on a computer screen at the Springfield office of the State |
15 | | Board of Elections, during normal business hours other than |
16 | | during the 27 days before an election, but the person viewing |
17 | | the list under this exception may not print, duplicate, |
18 | | transmit, or alter the list.
|
19 | | (Source: P.A. 94-136, eff. 7-7-05; 94-645, eff. 8-22-05; |
20 | | 95-331, eff. 8-21-07.)
|
21 | | (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
|
22 | | Sec. 4-8. The county clerk shall provide a sufficient |
23 | | number of blank
forms for the registration of electors, which |
24 | | shall be known as
registration record cards and which shall |
25 | | consist of loose leaf sheets
or cards, of suitable size to |
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1 | | contain in plain writing and figures the
data hereinafter |
2 | | required thereon or shall consist of computer cards of
suitable |
3 | | nature to contain the data required thereon. The registration |
4 | | record
cards, which shall include an affidavit of registration |
5 | | as hereinafter
provided, shall be executed in duplicate.
|
6 | | The registration record card shall contain the following |
7 | | and such
other information as the county clerk may think it |
8 | | proper to require for
the identification of the applicant for |
9 | | registration:
|
10 | | Name. The name of the applicant, giving surname and first |
11 | | or
Christian name in full, and the middle name or the initial |
12 | | for such
middle name, if any.
|
13 | | Sex.
|
14 | | Residence. The name and number of the street, avenue, or |
15 | | other location of
the dwelling, including the apartment, unit |
16 | | or room number, if any, and in the
case of a mobile home the lot |
17 | | number, and such additional clear and definite
description as |
18 | | may be necessary to determine the exact location of the
|
19 | | dwelling of the applicant. Where the location cannot be |
20 | | determined by
street and number, then the section, |
21 | | congressional township and range
number may be used, or such |
22 | | other description as may be necessary,
including post-office |
23 | | mailing address. In the case of a homeless individual,
the |
24 | | individual's voting residence that is his or her mailing |
25 | | address shall be
included on his or her registration record |
26 | | card.
|
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1 | | Term of residence in the State of Illinois and precinct. |
2 | | This
information shall be furnished by the applicant stating |
3 | | the place or
places where he resided and the dates during which |
4 | | he resided in such
place or places during the year next |
5 | | preceding the date of the next
ensuing election.
|
6 | | Nativity. The state or country in which the applicant was |
7 | | born.
|
8 | | Citizenship. Whether the applicant is native born or |
9 | | naturalized. If
naturalized, the court, place, and date of |
10 | | naturalization.
|
11 | | Date of application for registration, i.e., the day, month |
12 | | and year
when applicant presented himself for registration.
|
13 | | Age. Date of birth, by month, day and year.
|
14 | | Physical disability of the applicant, if any, at the time |
15 | | of
registration, which would require assistance in voting.
|
16 | | The county and state in which the applicant was last |
17 | | registered.
|
18 | | Electronic mail address, if any. |
19 | | Signature of voter. The applicant, after the registration |
20 | | and in the
presence of a deputy registrar or other officer of |
21 | | registration shall be
required to sign his or her name in ink |
22 | | to the affidavit on both the
original and duplicate |
23 | | registration record cards.
|
24 | | Signature of deputy registrar or officer of registration.
|
25 | | In case applicant is unable to sign his name, he may affix |
26 | | his mark
to the affidavit. In such case the officer empowered |
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1 | | to give the
registration oath shall write a detailed |
2 | | description of the applicant in
the space provided on the back |
3 | | or at the bottom of the card or sheet;
and shall ask the |
4 | | following questions and record the answers thereto:
|
5 | | Father's first name.
|
6 | | Mother's first name.
|
7 | | From what address did the applicant last register?
|
8 | | Reason for inability to sign name.
|
9 | | Each applicant for registration shall make an affidavit in
|
10 | | substantially the following form:
|
11 | | AFFIDAVIT OF REGISTRATION
|
12 | | STATE OF ILLINOIS
|
13 | | COUNTY OF .......
|
14 | | I hereby swear (or affirm) that I am a citizen of the |
15 | | United States;
that on the date of the next election I shall |
16 | | have resided in the State
of Illinois and in the election |
17 | | precinct in which I reside 30 days and
that I intend that this |
18 | | location shall be my residence; that
I am fully qualified to |
19 | | vote, and that the above statements are true.
|
20 | | ..............................
|
21 | | (His or her signature or mark)
|
22 | | Subscribed and sworn to before me on (insert date).
|
23 | | ..................................
|
24 | | Signature of registration officer.
|
25 | | (To be signed in presence of registrant.)
|
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1 | | Space shall be provided upon the face of each registration |
2 | | record
card for the notation of the voting record of the person |
3 | | registered
thereon.
|
4 | | Each registration record card shall be numbered according |
5 | | to
precincts, and may be serially or otherwise marked for |
6 | | identification in
such manner as the county clerk may |
7 | | determine.
|
8 | | The registration cards shall be deemed public records and |
9 | | shall be
open to inspection during regular business hours, |
10 | | except during the 27
days immediately preceding any election. |
11 | | On written request of any
candidate or objector or any person |
12 | | intending to object to a petition, the
election authority shall |
13 | | extend its hours for inspection of registration
cards and other |
14 | | records of the election authority during the period
beginning |
15 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
16 | | 28-3 and continuing through the termination of electoral board |
17 | | hearings on
any objections to petitions containing signatures |
18 | | of registered voters in
the jurisdiction of the election |
19 | | authority. The extension shall be for a
period of hours |
20 | | sufficient to allow adequate opportunity for examination of
the |
21 | | records but the election authority is not required to extend |
22 | | its hours
beyond the period beginning at its normal opening for |
23 | | business and ending
at midnight. If the business hours are so |
24 | | extended, the election authority
shall post a public notice of |
25 | | such extended hours. Registration record
cards may also be |
26 | | inspected, upon approval of the officer in charge of the
cards, |
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1 | | during the 27 days immediately preceding any election.
|
2 | | Registration
record cards shall also be open to inspection by |
3 | | certified judges and poll
watchers and challengers at the |
4 | | polling place on election day, but only to
the extent necessary |
5 | | to determine the question of the right of a person to
vote or |
6 | | to serve as a judge of election. At no time shall poll watchers |
7 | | or
challengers be allowed to physically handle the registration |
8 | | record cards.
|
9 | | Updated copies of computer tapes or computer discs or other |
10 | | electronic data
processing information containing voter |
11 | | registration information shall
be furnished by the county clerk |
12 | | within 10 days after December 15 and
May
15 each year and |
13 | | within 10 days after each registration
period is closed to the |
14 | | State Board of Elections in a form
prescribed by the
Board. For |
15 | | the purposes of this Section, a registration period is closed |
16 | | 27
days before the date of any regular or special election. |
17 | | Registration
information shall include, but not be limited to, |
18 | | the
following information: name, sex, residence, telephone |
19 | | number, if any,
age, party affiliation, if applicable, |
20 | | precinct, ward, township,
county, and representative, |
21 | | legislative and
congressional districts. In the event of |
22 | | noncompliance, the State
Board of Elections is directed to |
23 | | obtain compliance forthwith with this
nondiscretionary duty of |
24 | | the election authority by instituting legal
proceedings in the |
25 | | circuit court of the county in which the election
authority |
26 | | maintains the registration information. The costs of |
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1 | | furnishing
updated copies of tapes or discs shall be paid at a |
2 | | rate of $.00034 per
name of registered voters in the election |
3 | | jurisdiction, but not less than
$50 per tape or disc and shall |
4 | | be paid from appropriations made to the
State Board of |
5 | | Elections for reimbursement to the election authority for
such |
6 | | purpose. The State Board shall furnish copies of such tapes, |
7 | | discs, other
electronic data or compilations thereof to state |
8 | | political committees
registered pursuant to the Illinois |
9 | | Campaign Finance Act or the Federal
Election Campaign Act and |
10 | | to governmental entities, at their request and at a reasonable |
11 | | cost.
To protect the privacy and confidentiality of voter |
12 | | registration information,
the disclosure
of electronic voter |
13 | | registration records to any person or entity other than to a
|
14 | | State or local political
committee and other than to a |
15 | | governmental entity for a governmental
purpose is specifically |
16 | | prohibited except as follows: subject to security measures |
17 | | adopted by the State Board of Elections which, at a minimum, |
18 | | shall include the keeping of a catalog or database, available |
19 | | for public view, including the name, address, and telephone |
20 | | number of the person viewing the list as well as the time of |
21 | | that viewing, any person may view the centralized statewide |
22 | | voter registration list on a computer screen at the Springfield |
23 | | office of the State Board of Elections, during normal business |
24 | | hours other than during the 27 days before an election, but the |
25 | | person viewing the list under this exception may not print, |
26 | | duplicate, transmit, or alter the list. Copies of
the tapes, |
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1 | | discs, or other electronic data shall be furnished by the |
2 | | county
clerk to local political committees and governmental |
3 | | entities at their request and at a
reasonable cost.
Reasonable |
4 | | cost of the tapes, discs, et cetera for
this purpose would be |
5 | | the cost of duplication plus 15% for
administration. The |
6 | | individual representing a political committee
requesting |
7 | | copies of such tapes shall make a sworn affidavit that the
|
8 | | information shall be used only for bona fide political |
9 | | purposes,
including by or for candidates for office or |
10 | | incumbent office holders.
Such tapes, discs or other electronic |
11 | | data shall not be used under any
circumstances by any political |
12 | | committee or individuals for purposes of
commercial |
13 | | solicitation or other business purposes. If such tapes
contain |
14 | | information on county residents related to the operations of
|
15 | | county government in addition to registration information, |
16 | | that
information shall not be used under any circumstances for |
17 | | commercial
solicitation or other business purposes. The |
18 | | prohibition in this
Section against using the computer tapes or |
19 | | computer discs or other
electronic data processing information |
20 | | containing voter registration
information for purposes of |
21 | | commercial solicitation or other business
purposes shall be |
22 | | prospective only from the effective date of this
amended Act of |
23 | | 1979. Any person who violates this provision shall be
guilty of |
24 | | a Class 4 felony.
|
25 | | The State Board of Elections shall promulgate, by October |
26 | | 1, 1987, such
regulations as may be necessary to ensure |
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1 | | uniformity throughout the State
in electronic data processing |
2 | | of voter registration information. The
regulations shall |
3 | | include, but need not be limited to, specifications for
uniform |
4 | | medium, communications protocol and file structure to be |
5 | | employed
by the election authorities of this State in the |
6 | | electronic data processing
of voter registration information. |
7 | | Each election authority utilizing
electronic data processing |
8 | | of voter registration information shall comply
with such |
9 | | regulations on and after May 15, 1988.
|
10 | | If the applicant for registration was last registered in |
11 | | another
county within this State, he shall also sign a |
12 | | certificate authorizing
cancellation of the former |
13 | | registration. The certificate shall be in
substantially the |
14 | | following form:
|
15 | | To the County Clerk of.... County, Illinois. (or)
|
16 | | To the Election Commission of the City of ...., Illinois.
|
17 | | This is to certify that I am registered in your (county) |
18 | | (city) and
that my residence was ............................
|
19 | | Having moved out of your (county) (city), I hereby authorize |
20 | | you to
cancel said registration in your office.
|
21 | | Dated at ...., Illinois, on (insert date).
|
22 | | .................................
|
23 | | (Signature of Voter)
|
24 | | Attest: ................, County Clerk, .............
|
25 | | County, Illinois.
|
26 | | The cancellation certificate shall be mailed immediately |
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1 | | by the
County Clerk to the County Clerk (or election commission |
2 | | as the case may
be) where the applicant was formerly |
3 | | registered. Receipt of such
certificate shall be full authority |
4 | | for cancellation of any previous
registration.
|
5 | | (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; |
6 | | 94-136, eff. 7-7-05.)
|
7 | | (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
|
8 | | Sec. 4-10.
Except as herein provided, no person shall be |
9 | | registered,
unless he applies in person to a registration |
10 | | officer, answers such
relevant questions as may be asked of him |
11 | | by the registration officer,
and executes the affidavit of |
12 | | registration. The registration officer shall
require the |
13 | | applicant to furnish two forms of identification, and except in |
14 | | the
case of a homeless individual, one of which must include |
15 | | his or her residence
address. These forms of identification |
16 | | shall include, but not be limited to,
any of the following: |
17 | | driver's license, social security card, public aid
|
18 | | identification card, utility bill, employee or student |
19 | | identification card,
lease or contract for a residence, credit |
20 | | card, or a civic, union or professional association membership |
21 | | card.
The registration officer shall require a homeless |
22 | | individual to furnish
evidence of his or her use of the mailing |
23 | | address stated. This use may be
demonstrated by a piece of mail |
24 | | addressed to that individual and received at
that address or by |
25 | | a statement from a person authorizing use of the mailing
|
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1 | | address. The registration officer shall require each applicant |
2 | | for
registration to read or have read to him the affidavit of |
3 | | registration
before permitting him to execute the affidavit.
|
4 | | One of the registration officers or a deputy registration |
5 | | officer,
county clerk, or clerk in the office of the county |
6 | | clerk, shall
administer to all persons who shall personally |
7 | | apply to register the
following oath or affirmation:
|
8 | | "You do solemnly swear (or affirm) that you will fully and |
9 | | truly
answer all such questions as shall be put to you touching |
10 | | your name,
place of residence, place of birth, your |
11 | | qualifications as an elector
and your right as such to register |
12 | | and vote under the laws of the State
of Illinois."
|
13 | | The registration officer shall satisfy himself that each |
14 | | applicant
for registration is qualified to register before |
15 | | registering him. If the
registration officer has reason to |
16 | | believe that the applicant is a resident
of a Soldiers' and |
17 | | Sailors' Home or any facility which is licensed or certified
|
18 | | pursuant to the Nursing Home Care Act, the Specialized Mental |
19 | | Health Rehabilitation Act, or the ID/DD Community Care Act, the |
20 | | following question shall be put,
"When you entered the home |
21 | | which is your present address, was it your bona
fide intention |
22 | | to become a resident thereof?" Any voter of a township, city,
|
23 | | village or incorporated town in which such applicant resides, |
24 | | shall be
permitted to be present at the place of any precinct |
25 | | registration and shall
have the right to challenge any |
26 | | applicant who applies to be registered.
|
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1 | | In case the officer is not satisfied that the applicant is |
2 | | qualified
he shall forthwith notify such applicant in writing |
3 | | to appear before the
county clerk to complete his registration. |
4 | | Upon the card of such
applicant shall be written the word |
5 | | "incomplete" and no such applicant
shall be permitted to vote |
6 | | unless such registration is satisfactorily
completed as |
7 | | hereinafter provided. No registration shall be taken and
marked |
8 | | as incomplete if information to complete it can be furnished on
|
9 | | the date of the original application.
|
10 | | Any person claiming to be an elector in any election |
11 | | precinct and
whose registration card is marked "Incomplete" may |
12 | | make and sign an
application in writing, under oath, to the |
13 | | county clerk in substance in
the following form:
|
14 | | "I do solemnly swear that I, ...., did on (insert date) |
15 | | make
application to the board of registry of the .... precinct |
16 | | of the township of
.... (or to the county clerk of .... county) |
17 | | and that said board or clerk
refused to complete my |
18 | | registration as a qualified voter in said
precinct. That I |
19 | | reside in said precinct, that I intend to reside in said
|
20 | | precinct, and am a duly qualified voter of said precinct and am |
21 | | entitled to be
registered to vote in said precinct at the next |
22 | | election.
|
23 | | (Signature of applicant) ............................."
|
24 | | All such applications shall be presented to the county |
25 | | clerk or to
his duly authorized representative by the |
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1 | | applicant, in person between
the hours of 9:00 a.m. and 5:00 |
2 | | p.m. on any day after the days on
which the 1969 and 1970 |
3 | | precinct re-registrations are held but not on
any day within 27 |
4 | | days preceding the ensuing general election and
thereafter for |
5 | | the registration provided in Section 4-7 all such
applications |
6 | | shall be presented to the county clerk or his duly
authorized |
7 | | representative by the applicant in person between the hours
of |
8 | | 9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding |
9 | | the
ensuing general election. Such application shall be heard |
10 | | by the county
clerk or his duly authorized representative at |
11 | | the time the application
is presented. If the applicant for |
12 | | registration has registered with the
county clerk, such |
13 | | application may be presented to and heard by the
county clerk |
14 | | or by his duly authorized representative upon the dates
|
15 | | specified above or at any time prior thereto designated by the |
16 | | county clerk.
|
17 | | Any otherwise qualified person who is absent from his |
18 | | county of
residence either due to business of the United States |
19 | | or because he is
temporarily outside the territorial limits of |
20 | | the United States may
become registered by mailing an |
21 | | application to the county clerk within
the periods of |
22 | | registration provided for in this Article, or by simultaneous
|
23 | | application for absentee registration and absentee ballot as |
24 | | provided in
Article 20 of this Code.
|
25 | | Upon receipt of such application the county clerk shall |
26 | | immediately
mail an affidavit of registration in duplicate, |
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1 | | which affidavit shall
contain the following and such other |
2 | | information as the State Board of
Elections may think it proper |
3 | | to require for the identification of the
applicant:
|
4 | | Name. The name of the applicant, giving surname and first |
5 | | or
Christian name in full, and the middle name or the initial |
6 | | for such
middle name, if any.
|
7 | | Sex.
|
8 | | Residence. The name and number of the street, avenue or |
9 | | other
location of the dwelling, and such additional clear and |
10 | | definite
description as may be necessary to determine the exact |
11 | | location of the
dwelling of the applicant. Where the location |
12 | | cannot be determined by
street and number, then the Section, |
13 | | congressional township and range
number may be used, or such |
14 | | other information as may be necessary,
including post office |
15 | | mailing address.
|
16 | | Electronic mail address, if the registrant has provided |
17 | | this information. |
18 | | Term of residence in the State of Illinois and the |
19 | | precinct.
|
20 | | Nativity. The State or country in which the applicant was |
21 | | born.
|
22 | | Citizenship. Whether the applicant is native born or |
23 | | naturalized. If
naturalized, the court, place and date of |
24 | | naturalization.
|
25 | | Age. Date of birth, by month, day and year.
|
26 | | Out of State address of ..........................
|
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1 | | AFFIDAVIT OF REGISTRATION
|
2 | | State of ...........)
|
3 | | )ss
|
4 | | County of ..........)
|
5 | | I hereby swear (or affirm) that I am a citizen of the |
6 | | United States;
that on the day of the next election I shall |
7 | | have resided in the State
of Illinois and in the election |
8 | | precinct 30 days; that I am
fully qualified to vote, that I am |
9 | | not registered to vote anywhere else
in the United States, that |
10 | | I intend to remain a resident of the State of
Illinois and of |
11 | | the election precinct, that I intend to return to the State
of |
12 | | Illinois, and that the above statements are true.
|
13 | | ..............................
|
14 | | (His or her signature or mark)
|
15 | | Subscribed and sworn to before me, an officer qualified to |
16 | | administer
oaths, on (insert date).
|
17 | | ........................................
|
18 | | Signature of officer administering oath.
|
19 | | Upon receipt of the executed duplicate affidavit of |
20 | | Registration, the
county clerk shall transfer the information |
21 | | contained thereon to
duplicate Registration Cards provided for |
22 | | in Section 4-8 of this Article
and shall attach thereto a copy |
23 | | of each of the duplicate affidavit of
registration and |
24 | | thereafter such registration card and affidavit shall
|
25 | | constitute the registration of such person the same as if he |
26 | | had applied
for registration in person.
|
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1 | | (Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; |
2 | | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; |
3 | | 97-813, eff. 7-13-12.)
|
4 | | (10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
|
5 | | Sec. 4-12.
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 | | 9:00
a.m. and 5:00 p.m. of Monday and Tuesday of the second |
9 | | week prior to the
week in which the 1970 primary election for |
10 | | the nomination of candidates
for State and county offices or |
11 | | any election thereafter is to be held, make
application in |
12 | | writing, to the county clerk, to have any name upon the
|
13 | | register of any precinct erased. Such application shall be, in |
14 | | substance,
in the words and figures following:
|
15 | | "I being a qualified voter, registered from No. .... Street |
16 | | in the ....
precinct of the .... ward of the city (village or |
17 | | town of) .... (or of the
.... town of ....) do hereby solemnly |
18 | | swear (or affirm) that ....
registered from No. .... Street is |
19 | | not a qualified voter in the ....
precinct of .... ward of the |
20 | | city (village or town) of .... (or of the ....
town of ....) |
21 | | and hence I ask that his name be erased from the register of
|
22 | | such precinct for the following reason .....
|
23 | | Affiant further says that he has personal knowledge of the |
24 | | facts set
forth in the above affidavit.
|
25 | | (Signed) .....
|
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1 | | Subscribed and sworn to before me on (insert date).
|
2 | | ....
|
3 | | ....
|
4 | | ....."
|
5 | | Such application shall be signed and sworn to by the |
6 | | applicant before
the county clerk or any deputy authorized by |
7 | | the county clerk for that
purpose, and filed with said clerk. |
8 | | Thereupon notice of such application,
and of the time and place |
9 | | of hearing thereon, with a demand to appear
before the county |
10 | | clerk and show cause why his name shall not be erased
from said |
11 | | register, shall be mailed, in an envelope duly stamped and
|
12 | | directed to such person at the address upon said register, at |
13 | | least four
days before the day fixed in said notice to show |
14 | | cause. If such person has provided the election authority with |
15 | | an e-mail address, then the election authority shall also send |
16 | | the same notice by electronic mail at least 4 days before the |
17 | | day fixed in said notice to show cause.
|
18 | | A like notice shall be mailed to the person or persons |
19 | | making the
application to have the name upon such register |
20 | | erased to appear and show
cause why said name should be erased, |
21 | | the notice to set out the day and
hour of such hearing. If the |
22 | | voter making such application fails to appear
before said clerk |
23 | | at the time set for the hearing as fixed in the said
notice or |
24 | | fails to show cause why the name upon such register shall be
|
25 | | erased, the application to erase may be dismissed by the county |
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1 | | clerk.
|
2 | | Any voter making the application is privileged from arrest |
3 | | while
presenting it to the county clerk, and while going to and |
4 | | from the office
of the county clerk.
|
5 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
6 | | (10 ILCS 5/4-15) (from Ch. 46, par. 4-15)
|
7 | | Sec. 4-15.
Within 5 days after a person registers or |
8 | | transfers his
registration with at the office of the election |
9 | | authority county clerk , such election authority clerk shall |
10 | | send by
mail , and by electronic mail if the registrant has |
11 | | provided the election authority with an e-mail address, a |
12 | | certificate to such person setting forth the elector's name and
|
13 | | address as it appears upon the registration record card, and |
14 | | shall request
him in case of any error to present the |
15 | | certificate on or before the 7th
day next ensuing at the office |
16 | | of the election authority county clerk in order to secure
|
17 | | correction of the error. The certificate shall contain on the |
18 | | outside a
request for the postmaster to return it within 5 days |
19 | | if it cannot be
delivered to the addressee at the address given |
20 | | thereon. Upon the return by
the post office of a certificate |
21 | | which it has been unable to deliver at the
given address |
22 | | because the addressee cannot be found there or because no
such |
23 | | address exists, a notice shall be at once sent through the |
24 | | United
States mail to such person at the address appearing upon |
25 | | his registration
record card requiring him to appear before the |
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1 | | election authority county clerk , within 5 days,
to answer |
2 | | questions touching his right to register. If the person |
3 | | notified
fails to appear at the election authority's county |
4 | | clerk's office within 5 days as directed or
if he appears and |
5 | | fails to prove his right to register, the election authority |
6 | | county clerk
shall mark his registration card as incomplete and |
7 | | he shall not be
permitted to vote until his registration is |
8 | | satisfactorily completed.
|
9 | | If an elector possesses such a certificate valid on its |
10 | | face, if his
name does not expressly appear to have been erased |
11 | | or withdrawn from the
precinct list as corrected and revised as |
12 | | provided by Section 4-11 of this
Article, if he makes an |
13 | | affidavit and attaches such certificate thereto,
and if such |
14 | | affidavit substantially in the form prescribed in Section 17-10
|
15 | | of this Act is sworn to before a judge of election on suitable |
16 | | forms
provided by the election authority county clerk for that |
17 | | purpose, such elector shall be
permitted to vote even though |
18 | | his duplicate registration card is not to be
found in the |
19 | | precinct binder and even though his name is not to be found
|
20 | | upon the printed or any other list.
|
21 | | (Source: Laws 1961, p. 3394 .)
|
22 | | (10 ILCS 5/4-33)
|
23 | | Sec. 4-33. Computerization of voter records.
|
24 | | (a) The State Board of Elections shall design a |
25 | | registration record card
that, except as otherwise provided in |
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1 | | this Section, shall be used in duplicate
by all election |
2 | | authorities in the State adopting a computer-based voter
|
3 | | registration file as provided in this Section. The Board shall |
4 | | prescribe the
form
and specifications, including but not |
5 | | limited to the weight of paper, color,
and print of the cards. |
6 | | The cards shall contain boxes or spaces for the
information |
7 | | required under Sections 4-8 and 4-21; provided that
the cards |
8 | | shall also contain: (i) A space for a person to fill in his or |
9 | | her
Illinois driver's license number if the person has a |
10 | | driver's license; (ii) A
space for a person without a driver's |
11 | | license to fill in the last four digits
of his or her social |
12 | | security number if the person has a social security
number.
|
13 | | (b) The election authority may develop and implement a |
14 | | system
to prepare,
use, and maintain a computer-based voter |
15 | | registration file that includes a
computer-stored image of the |
16 | | signature of each voter. The computer-based voter
registration |
17 | | file may be used for all purposes for which the original
|
18 | | registration cards are to be used, provided that a system for |
19 | | the storage of at
least one copy of the original registration |
20 | | cards remains in effect.
In the case of voter registration |
21 | | forms received via an online voter registration system, the |
22 | | original registration cards will include the signature |
23 | | received from the Secretary of State database. The electronic |
24 | | file shall be the master file.
|
25 | | (c) Any system created, used, and maintained under |
26 | | subsection
(b) of this
Section shall meet the following |
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1 | | standards:
|
2 | | (1) Access to any computer-based voter registration |
3 | | file shall be limited
to those persons authorized by the |
4 | | election authority, and each access to the
computer-based |
5 | | voter registration file, other than an access solely for
|
6 | | inquiry, shall be recorded.
|
7 | | (2) No copy, summary, list, abstract, or index of any |
8 | | computer-based voter
registration file that includes any |
9 | | computer-stored image of the signature of
any registered |
10 | | voter shall be made available to the public outside of the
|
11 | | offices of the election authority.
|
12 | | (3) Any copy, summary, list, abstract, or index of any |
13 | | computer-based
voter
registration file that includes a |
14 | | computer-stored image of the signature of a
registered |
15 | | voter shall be produced in such a manner that it cannot be
|
16 | | reproduced.
|
17 | | (4) Each person desiring to vote shall sign an |
18 | | application for a ballot,
and the signature comparison |
19 | | authorized in Articles 17 and 18 of this Code may
be made |
20 | | to a copy of the computer-stored image of the signature of |
21 | | the
registered voter.
|
22 | | (5) Any voter list produced from a computer-based voter |
23 | | registration file
that includes computer-stored images of |
24 | | the signatures of registered voters and
is used in a |
25 | | polling place during an election shall be preserved by the
|
26 | | election authority in secure storage until the end of the |
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1 | | second calendar year
following the election in which it was |
2 | | used.
|
3 | | (d) Before the first election in which the election |
4 | | authority
elects to use
a voter list produced from the |
5 | | computer-stored images of the signatures of
registered voters |
6 | | in a computer-based voter registration file for signature
|
7 | | comparison in a polling place, the State Board of Elections |
8 | | shall certify that
the system used by the election authority |
9 | | complies with the standards set forth
in this Section. The |
10 | | State Board of Elections may request a sample poll list
|
11 | | intended to be used in a polling place to test the accuracy of |
12 | | the list and the
adequacy of the computer-stored images of the |
13 | | signatures of the registered
voters.
|
14 | | (e) With respect to a jurisdiction that has copied all of |
15 | | its
voter
signatures into a computer-based registration file, |
16 | | all references in this Act
or any other Act to the use, other |
17 | | than storage, of paper-based voter
registration records shall |
18 | | be deemed to refer to their computer-based
equivalents.
|
19 | | (f) Nothing in this Section prevents an election authority |
20 | | from
submitting to the State Board of Elections a duplicate |
21 | | copy of some, as the
State Board of Elections shall determine, |
22 | | or all of the data contained in each
voter registration record |
23 | | that is part of the electronic master file. The
duplicate copy |
24 | | of the registration record shall be maintained by the State
|
25 | | Board of Elections under the same terms and limitations |
26 | | applicable to the
election authority and shall be of equal |
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1 | | legal dignity with the original
registration record maintained |
2 | | by the election authority as proof of any fact
contained in the |
3 | | voter registration record.
|
4 | | (Source: P.A. 93-574, eff. 8-21-03.)
|
5 | | (10 ILCS 5/4-50) |
6 | | Sec. 4-50. Grace period. Notwithstanding any other |
7 | | provision of this
Code to the contrary, each election authority |
8 | | shall
establish procedures for the registration of voters and |
9 | | for change of address during the period from the close of
|
10 | | registration for a primary or election and until the 3rd day |
11 | | before the
primary or election. During this grace period, an |
12 | | unregistered qualified
elector may
register to vote, and a |
13 | | registered voter may submit a change of address form, in person |
14 | | in the office of the election
authority or at a voter |
15 | | registration location specifically designated for this
purpose |
16 | | by the election authority. The election authority shall
|
17 | | register that individual, or change a registered voter's |
18 | | address, in the same manner as otherwise provided by this |
19 | | Article for registration and change of address. |
20 | | If a voter who registers or changes address during this |
21 | | grace period wishes to vote at the first election or primary |
22 | | occurring after the grace period, he or she must do so by grace |
23 | | period voting , either in person in the office of the election |
24 | | authority or at a location specifically designated for this |
25 | | purpose by the election authority, or by mail, at the |
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1 | | discretion of the election authority . The election authority |
2 | | shall offer in-person grace period voting at the authority's |
3 | | office and may offer in-person grace period voting at |
4 | | additional locations specifically designated for the purpose |
5 | | of grace period voting by the election authority. The election |
6 | | authority may allow grace period voting by mail only if the |
7 | | election authority has no ballots prepared at the authority's |
8 | | office. Grace period voting shall be in a manner substantially |
9 | | similar to voting under Article 19. |
10 | | Within one day after a voter casts a grace period ballot, |
11 | | or within one day after the ballot is received by the election |
12 | | authority if the election authority allows grace period voting |
13 | | by mail, the election authority shall transmit by electronic |
14 | | means pursuant to a process established by the State Board of |
15 | | Elections the voter's name, street address, e-mail address, and |
16 | | precinct, ward, township, and district numbers, as the case may |
17 | | be, to the State Board of Elections, which shall maintain those |
18 | | names and that information in an electronic format on its |
19 | | website, arranged by county and accessible to State and local |
20 | | political committees. The name of each person issued a grace |
21 | | period ballot shall also be placed on the appropriate precinct |
22 | | list of persons to whom absentee and early ballots have been |
23 | | issued, for use as provided in Sections 17-9 and 18-5. |
24 | | A person who casts a grace period ballot shall not be |
25 | | permitted to revoke that ballot and vote another ballot with |
26 | | respect to that primary or election. Ballots cast by persons |
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1 | | who register or change address during the grace period must be |
2 | | transmitted to and counted at the election authority's central |
3 | | ballot counting location and shall not be transmitted to and |
4 | | counted at precinct polling places.
The grace period ballots |
5 | | determined to be valid shall be added to the vote totals for |
6 | | the precincts for which they were cast in the order in which |
7 | | the ballots were opened.
|
8 | | (Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
|
9 | | (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
|
10 | | Sec. 5-7. The county clerk shall provide a sufficient |
11 | | number of
blank forms for the registration of electors which |
12 | | shall be known as
registration record cards and which shall |
13 | | consist of loose leaf sheets
or cards, of suitable size to |
14 | | contain in plain writing and figures the
data hereinafter |
15 | | required thereon or shall consist of computer cards of
suitable |
16 | | nature to contain the data required thereon. The registration
|
17 | | record cards, which shall include an affidavit of registration |
18 | | as
hereinafter provided, shall be executed in duplicate.
|
19 | | The registration record card shall contain the following |
20 | | and such
other information as the county clerk may think it |
21 | | proper to require for
the identification of the applicant for |
22 | | registration:
|
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.
|
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1 | | Sex.
|
2 | | Residence. The name and number of the street, avenue, or |
3 | | other
location of the dwelling, including the apartment, unit |
4 | | or room number,
if any, and in the case of a mobile home the lot |
5 | | number, and such additional
clear and definite description as |
6 | | may be necessary to determine the exact
location of the |
7 | | dwelling of the applicant, including post-office mailing
|
8 | | address. In the case of a homeless individual, the individual's |
9 | | voting
residence that is his or her mailing address shall be |
10 | | included on his or her
registration record card.
|
11 | | Term of residence in the State of Illinois and the |
12 | | precinct. Which
questions may be answered by the applicant |
13 | | stating, in excess of 30 days
in the State and in excess of 30 |
14 | | days in the precinct.
|
15 | | Nativity. The State or country in which the applicant was |
16 | | born.
|
17 | | Citizenship. Whether the applicant is native born or |
18 | | naturalized. If
naturalized, the court, place and date of |
19 | | naturalization.
|
20 | | Date of application for registration, i.e., the day, month |
21 | | and year
when applicant presented himself for registration.
|
22 | | Age. Date of birth, by month, day and year.
|
23 | | Physical disability of the applicant, if any, at the time |
24 | | of
registration, which would require assistance in voting.
|
25 | | The county and state in which the applicant was last |
26 | | registered.
|
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1 | | Electronic mail address, if any. |
2 | | Signature of voter. The applicant, after the registration |
3 | | and in the
presence of a deputy registrar or other officer of |
4 | | registration shall be
required to sign his or her name in ink |
5 | | to the affidavit on the original
and duplicate registration |
6 | | record card.
|
7 | | Signature of Deputy Registrar.
|
8 | | In case applicant is unable to sign his name, he may affix |
9 | | his mark
to the affidavit. In such case the officer empowered |
10 | | to give the
registration oath shall write a detailed |
11 | | description of the applicant in
the space provided at the |
12 | | bottom of the card or sheet; and shall ask the
following |
13 | | questions and record the answers thereto:
|
14 | | Father's first name .......................
|
15 | | Mother's first name .......................
|
16 | | From what address did you last register?
|
17 | | Reason for inability to sign name.
|
18 | | Each applicant for registration shall make an affidavit in
|
19 | | substantially the following form:
|
20 | | AFFIDAVIT OF REGISTRATION
|
21 | | State of Illinois)
|
22 | | )ss
|
23 | | County of )
|
24 | | I hereby swear (or affirm) that I am a citizen of the |
25 | | United States;
that on the date of the next election I shall |
26 | | have resided in the State
of Illinois and in the election |
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1 | | precinct in which I reside 30 days; that
I am fully qualified |
2 | | to vote. That I intend that this location shall be
my residence |
3 | | and that the above statements are true.
|
4 | | ..............................
|
5 | | (His or her signature or mark)
|
6 | | Subscribed and sworn to before me on (insert date).
|
7 | | .........................................
|
8 | | Signature of Registration Officer.
|
9 | | (To be signed in presence of Registrant.)
|
10 | | Space shall be provided upon the face of each registration |
11 | | record
card for the notation of the voting record of the person |
12 | | registered
thereon.
|
13 | | Each registration record card shall be numbered according |
14 | | to towns
and precincts, wards, cities and villages, as the case |
15 | | may be, and may
be serially or otherwise marked for |
16 | | identification in such manner as the
county clerk may |
17 | | determine.
|
18 | | The registration cards shall be deemed public records and |
19 | | shall be
open to inspection during regular business hours, |
20 | | except during the 27
days immediately preceding any election. |
21 | | On written request of any
candidate or objector or any person |
22 | | intending to object to a petition, the
election authority shall |
23 | | extend its hours for inspection of registration
cards and other |
24 | | records of the election authority during the period
beginning |
25 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
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1 | | 28-3 and continuing through the termination of electoral board |
2 | | hearings on
any objections to petitions containing signatures |
3 | | of registered voters in
the jurisdiction of the election |
4 | | authority. The extension shall be for a
period of hours |
5 | | sufficient to allow adequate opportunity for examination of
the |
6 | | records but the election authority is not required to extend |
7 | | its hours
beyond the period beginning at its normal opening for |
8 | | business and ending
at midnight. If the business hours are so |
9 | | extended, the election authority
shall post a public notice of |
10 | | such extended hours. Registration record cards
may also be |
11 | | inspected, upon approval of the officer in charge of the cards,
|
12 | | during the 27 days immediately preceding any election. |
13 | | Registration
record
cards shall also be open to inspection by |
14 | | certified judges and poll watchers
and challengers at the |
15 | | polling place on election day, but only to the extent
necessary |
16 | | to determine the question of the right of a person to vote or |
17 | | to
serve as a judge of election. At no time shall poll watchers |
18 | | or challengers be
allowed to physically handle the registration |
19 | | record cards.
|
20 | | Updated copies of computer tapes or computer discs or other |
21 | | electronic data
processing information containing voter |
22 | | registration information shall
be furnished by the county clerk |
23 | | within 10 days after December 15 and
May
15 each year and |
24 | | within 10 days after each registration
period is closed to the |
25 | | State Board of Elections in a form
prescribed by the
Board. For |
26 | | the purposes of this Section, a registration period is closed |
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1 | | 27
days before the date of any regular or special election. |
2 | | Registration
information
shall include, but not be limited to, |
3 | | the
following information: name, sex, residence, telephone |
4 | | number, if any, age,
party affiliation, if applicable, |
5 | | precinct, ward, township, county, and
representative, |
6 | | legislative and congressional districts. In the event of
|
7 | | noncompliance, the State Board of Elections is directed to |
8 | | obtain compliance
forthwith with this nondiscretionary duty of |
9 | | the election authority by
instituting legal proceedings in the |
10 | | circuit court of the county in which the
election authority |
11 | | maintains the registration information. The costs of
|
12 | | furnishing updated copies of tapes or discs shall be paid at a |
13 | | rate of $.00034
per name of registered voters in the election |
14 | | jurisdiction, but not less than
$50 per tape or disc and shall |
15 | | be paid from appropriations made to the State
Board of |
16 | | Elections for reimbursement to the election authority for such
|
17 | | purpose. The State Board shall furnish copies of such tapes, |
18 | | discs, other electronic
data or compilations thereof to state |
19 | | political committees registered pursuant
to the Illinois |
20 | | Campaign Finance Act or the Federal Election Campaign Act and |
21 | | to governmental entities, at
their request and at a reasonable |
22 | | cost.
To protect the privacy and confidentiality of voter |
23 | | registration information,
the disclosure
of electronic voter |
24 | | registration records to any person or entity other than to a
|
25 | | State or local political
committee and other than to a |
26 | | governmental entity for a governmental
purpose
is specifically |
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1 | | prohibited except as follows: subject to security measures |
2 | | adopted by the State Board of Elections which, at a minimum, |
3 | | shall include the keeping of a catalog or database, available |
4 | | for public view, including the name, address, and telephone |
5 | | number of the person viewing the list as well as the time of |
6 | | that viewing, any person may view the centralized statewide |
7 | | voter registration list on a computer screen at the Springfield |
8 | | office of the State Board of Elections, during normal business |
9 | | hours other than during the 27 days before an election, but the |
10 | | person viewing the list under this exception may not print, |
11 | | duplicate, transmit, or alter the list.
Copies of the tapes, |
12 | | discs or other
electronic data shall be furnished by the county |
13 | | clerk to local political
committees and governmental entities |
14 | | at their request and at a reasonable cost. Reasonable cost of |
15 | | the
tapes, discs, et cetera for this purpose would be the cost |
16 | | of duplication plus
15% for administration. The individual |
17 | | representing a political committee
requesting copies of such |
18 | | tapes shall make a sworn affidavit that the
information shall |
19 | | be used only for bona fide political purposes,
including by or |
20 | | for candidates for office or incumbent office holders.
Such |
21 | | tapes, discs or other electronic data shall not be used under |
22 | | any
circumstances by any political committee or individuals for |
23 | | purposes of
commercial solicitation or other business |
24 | | purposes. If such tapes
contain information on county residents |
25 | | related to the operations of
county government in addition to |
26 | | registration information, that
information shall not be used |
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1 | | under any circumstances for commercial
solicitation or other |
2 | | business purposes. The prohibition in this
Section against |
3 | | using the computer tapes or computer discs or other
electronic |
4 | | data processing information containing voter registration
|
5 | | information for purposes of commercial solicitation or other |
6 | | business
purposes shall be prospective only from the effective |
7 | | date of this
amended Act of 1979. Any person who violates this |
8 | | provision shall be
guilty of a Class 4 felony.
|
9 | | The State Board of Elections shall promulgate, by October |
10 | | 1, 1987, such
regulations as may be necessary to ensure |
11 | | uniformity throughout the State
in electronic data processing |
12 | | of voter registration information. The
regulations shall |
13 | | include, but need not be limited to, specifications for
uniform |
14 | | medium, communications protocol and file structure to be |
15 | | employed
by the election authorities of this State in the |
16 | | electronic data processing
of voter registration information. |
17 | | Each election authority utilizing
electronic data processing |
18 | | of voter registration information shall comply
with such |
19 | | regulations on and after May 15, 1988.
|
20 | | If the applicant for registration was last registered in |
21 | | another
county within this State, he shall also sign a |
22 | | certificate authorizing
cancellation of the former |
23 | | registration. The certificate shall be in
substantially the |
24 | | following form:
|
25 | | To the County Clerk of .... County, Illinois. To the Election
|
26 | | Commission of the City of ...., Illinois.
|
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1 | | This is to certify that I am registered in your (county) |
2 | | (city) and
that my residence was .....
|
3 | | Having moved out of your (county) (city), I hereby |
4 | | authorize you to
cancel said registration in your office.
|
5 | | Dated at .... Illinois, on (insert date).
|
6 | | ....................
|
7 | | (Signature of Voter)
|
8 | | Attest ......, County Clerk, ........ County, Illinois.
|
9 | | The cancellation certificate shall be mailed immediately |
10 | | by the
county clerk to the county clerk (or election commission |
11 | | as the case may
be) where the applicant was formerly |
12 | | registered. Receipt of such
certificate shall be full authority |
13 | | for cancellation of any previous
registration.
|
14 | | (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; |
15 | | 94-136, eff. 7-7-05.)
|
16 | | (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
|
17 | | Sec. 5-9.
Except as herein provided, no person shall be |
18 | | registered
unless he applies in person to registration officer, |
19 | | answers such
relevant questions as may be asked of him by the |
20 | | registration officer,
and executes the affidavit of |
21 | | registration. The registration officer shall
require the |
22 | | applicant to furnish two forms of identification, and except in |
23 | | the
case of a homeless individual, one of which must include |
24 | | his or her residence
address. These forms of identification |
25 | | shall include, but not be limited to,
any of the following: |
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1 | | driver's license, social security card, public aid
|
2 | | identification card, utility bill, employee or student |
3 | | identification card,
lease or contract for a residence, credit |
4 | | card, or a civic, union or professional association membership |
5 | | card.
The registration officer shall require a homeless |
6 | | individual to furnish
evidence of his or her use of the mailing |
7 | | address stated. This use may be
demonstrated by a piece of mail |
8 | | addressed to that individual and received at
that address or by |
9 | | a statement from a person authorizing use of the mailing
|
10 | | address. The registration officer shall require each applicant |
11 | | for registration
to read or have read to him the affidavit of |
12 | | registration before permitting him
to execute the affidavit.
|
13 | | One of the Deputy Registrars, the Judge of Registration, or |
14 | | an
Officer of Registration, County Clerk, or clerk in the |
15 | | office of the
County Clerk, shall administer to all persons who |
16 | | shall personally apply
to register the following oath or |
17 | | affirmation:
|
18 | | "You do solemnly swear (or affirm) that you will fully and |
19 | | truly
answer all such questions as shall be put to you touching |
20 | | your place of
residence, name, place of birth, your |
21 | | qualifications as an elector and
your right as such to register |
22 | | and vote under the laws of the State of
Illinois."
|
23 | | The Registration Officer shall satisfy himself that each |
24 | | applicant
for registration is qualified to register before |
25 | | registering him. If the
registration officer has reason to |
26 | | believe that the applicant is a resident
of a Soldiers' and |
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1 | | Sailors' Home or any facility which is licensed or certified
|
2 | | pursuant to the Nursing Home Care Act, the Specialized Mental |
3 | | Health Rehabilitation Act, or the ID/DD Community Care Act, the |
4 | | following question shall be put,
"When you entered the home |
5 | | which is your present address, was it your bona fide
intention |
6 | | to become a resident thereof?" Any voter of a township, city,
|
7 | | village or incorporated town in which such applicant resides, |
8 | | shall be
permitted to be present at the place of precinct |
9 | | registration, and shall have
the right to challenge any |
10 | | applicant who applies to be registered.
|
11 | | In case the officer is not satisfied that the applicant is |
12 | | qualified,
he shall forthwith in writing notify such applicant |
13 | | to appear before the
County Clerk to furnish further proof of |
14 | | his qualifications. Upon the
card of such applicant shall be |
15 | | written the word "Incomplete" and no
such applicant shall be |
16 | | permitted to vote unless such registration is
satisfactorily |
17 | | completed as hereinafter provided. No registration shall
be |
18 | | taken and marked as "incomplete" if information to complete it |
19 | | can be
furnished on the date of the original application.
|
20 | | Any person claiming to be an elector in any election |
21 | | precinct in such
township, city, village or incorporated town |
22 | | and whose registration is
marked "Incomplete" may make and sign |
23 | | an application in writing, under
oath, to the County Clerk in |
24 | | substance in the following form:
|
25 | | "I do solemnly swear that I, .........., did on (insert |
26 | | date) make application to the Board of Registry of the ........
|
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1 | | precinct of ........ ward of the City of .... or of the |
2 | | ......... District
......... Town of .......... (or to the |
3 | | County Clerk of .............) and
............ County; that |
4 | | said Board or Clerk refused to complete my
registration as a |
5 | | qualified voter in said precinct, that I reside in said
|
6 | | precinct (or that I intend to reside in said precinct), am a |
7 | | duly qualified
voter and entitled to vote in said precinct at |
8 | | the next election.
|
9 | | ...........................
|
10 | | (Signature of Applicant)"
|
11 | | All such applications shall be presented to the County |
12 | | Clerk by the
applicant, in person between the hours of nine |
13 | | o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of |
14 | | the third week subsequent to
the weeks in which the 1961 and |
15 | | 1962 precinct re-registrations are to be
held, and thereafter |
16 | | for the registration provided in Section 5-17 of
this Article, |
17 | | all such applications shall be presented to the County
Clerk by |
18 | | the applicant in person between the hours of nine o'clock a.m.
|
19 | | and nine o'clock p.m. on Monday and Tuesday of the third week
|
20 | | prior to the date on which such election is to be held.
|
21 | | Any otherwise qualified person who is absent from his |
22 | | county of
residence either due to business of the United States |
23 | | or because he is
temporarily outside the territorial limits of |
24 | | the United States may
become registered by mailing an |
25 | | application to the county clerk within
the periods of |
26 | | registration provided for in this Article or by simultaneous
|
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1 | | application for absentee registration and absentee ballot as |
2 | | provided in
Article 20 of this Code.
|
3 | | Upon receipt of such application the county clerk shall |
4 | | immediately
mail an affidavit of registration in duplicate, |
5 | | which affidavit shall
contain the following and such other |
6 | | information as the State Board of
Elections may think it proper |
7 | | to require for the identification of the
applicant:
|
8 | | Name. The name of the applicant, giving surname and first |
9 | | or
Christian name in full, and the middle name or the initial |
10 | | for such
middle name, if any.
|
11 | | Sex.
|
12 | | Residence. The name and number of the street, avenue or |
13 | | other
location of the dwelling, and such additional clear and |
14 | | definite
description as may be necessary to determine the exact |
15 | | location of the
dwelling of the applicant. Where the location |
16 | | cannot be determined by
street and number, then the Section, |
17 | | congressional township and range
number may be used, or such |
18 | | other information as may be necessary,
including post office |
19 | | mailing address.
|
20 | | Electronic mail address, if the registrant has provided |
21 | | this information. |
22 | | Term of residence in the State of Illinois and the |
23 | | precinct.
|
24 | | Nativity. The State or country in which the applicant was |
25 | | born.
|
26 | | Citizenship. Whether the applicant is native born or |
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1 | | naturalized. If
naturalized, the court, place and date of |
2 | | naturalization.
|
3 | | Age. Date of birth, by month, day and year.
|
4 | | Out of State address of ..........................
|
5 | | AFFIDAVIT OF REGISTRATION
|
6 | | State of .........)
|
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 for 6 months and in the |
12 | | election precinct 30 days; that I am
fully qualified to vote, |
13 | | that I am not registered to vote anywhere else
in the United |
14 | | States, that I intend to remain a resident of the State of
|
15 | | Illinois and of the election precinct, that I intend to return |
16 | | to the State
of Illinois, and that the above statements are |
17 | | true.
|
18 | | ..............................
|
19 | | (His or her signature or mark)
|
20 | | Subscribed and sworn to before me, an officer qualified to |
21 | | administer
oaths, on (insert date).
|
22 | | ........................................
|
23 | | Signature of officer administering oath.
|
24 | | Upon receipt of the executed duplicate affidavit of |
25 | | Registration, the
county clerk shall transfer the information |
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1 | | contained thereon to
duplicate Registration Cards provided for |
2 | | in Section 5-7 of this Article
and shall attach thereto a copy |
3 | | of each of the duplicate affidavit of
registration and |
4 | | thereafter such registration card and affidavit shall
|
5 | | constitute the registration of such person the same as if he |
6 | | had applied
for registration in person.
|
7 | | |
8 | | (Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; |
9 | | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; |
10 | | 97-813, eff. 7-13-12.)
|
11 | | (10 ILCS 5/5-15) (from Ch. 46, par. 5-15)
|
12 | | Sec. 5-15.
Any voter or voters in the township, city, |
13 | | village, or
incorporated town containing such precinct, and any |
14 | | precinct committeeman
in the county, may, between the hours of |
15 | | nine
o'clock a.m. and six o'clock p.m. of the Monday and |
16 | | Tuesday of the third
week immediately preceding the week in |
17 | | which such April 10, 1962 Primary
Election is to be held, make |
18 | | application in writing, before such County
Clerk, to have any |
19 | | name upon such register of any precinct erased.
Thereafter such |
20 | | application shall be made between the hours of nine o'clock
|
21 | | a.m. and six o'clock p.m. of Monday and Tuesday of the second |
22 | | week prior
to the week in which any county, city, village, |
23 | | township, or incorporated
town election is to be held. Such |
24 | | application shall be in substance, in the
words and figures |
25 | | following:
|
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1 | | "I, being a qualified voter, registered from No. .... |
2 | | Street in the ....
precinct of the .... Ward of the city |
3 | | (village or town of .... ) of
the .... District .... town of |
4 | | .... do hereby solemnly swear (or affirm) that
.... registered |
5 | | from No. .... Street is not a qualified voter in the ....
|
6 | | precinct of the .... ward of the city (village or town) of .... |
7 | | or of the
.... district town of .... hence I ask that his name |
8 | | be erased from the
register of such precinct for the following |
9 | | reason ..... Affiant further
says that he has personal |
10 | | knowledge of the facts set forth in the above
affidavit.
|
11 | | (Signed) .....
|
12 | | Subscribed and sworn to before me on (insert date).
|
13 | | ....
|
14 | | ....
|
15 | | ...."
|
16 | | Such application shall be signed and sworn to by the |
17 | | applicant before
the County Clerk or any Deputy authorized by |
18 | | the County Clerk for that
purpose, and filed with the Clerk. |
19 | | Thereupon notice of such application,
with a demand to appear |
20 | | before the County Clerk and show cause why his name
shall not |
21 | | be erased from the register, shall be mailed by special
|
22 | | delivery, duly stamped and directed, to such person, to the |
23 | | address upon
said register at least 4 days before the day fixed |
24 | | in said notice to
show cause. If such person has provided the |
25 | | election authority with an e-mail address, then the election |
26 | | authority shall also send the same notice by electronic mail at |
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1 | | least 4 days before the day fixed in said notice to show cause.
|
2 | | A like notice shall be mailed to the person or persons |
3 | | making the
application to have the name upon such register |
4 | | erased to appear and show
cause why the name should be erased, |
5 | | the notice to set out the day and
hour of such hearing. If the |
6 | | voter making such application fails to appear
before the Clerk |
7 | | at the time set for the hearing as fixed in the said
notice or |
8 | | fails to show cause why the name upon such register shall be
|
9 | | erased, the application may be dismissed by the County Clerk.
|
10 | | Any voter making such application or applications shall be |
11 | | privileged
from arrest while presenting the same to the County |
12 | | Clerk, and whilst going
to and returning from the office of the |
13 | | County Clerk.
|
14 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
15 | | (10 ILCS 5/5-21) (from Ch. 46, par. 5-21)
|
16 | | Sec. 5-21.
To each person who registers at the office of |
17 | | the county, city,
village, incorporated town or town clerk, or |
18 | | any place designated by the
Board of County Commissioners under |
19 | | section 5-17 of article 5 and within
five days thereafter, the |
20 | | election authority County Clerk shall send by mail , and |
21 | | electronic mail if the registrant has provided the election |
22 | | authority with an e-mail address, a notice setting
forth the |
23 | | elector's name and address as it appears on the registration |
24 | | record
card, and shall request him in case of any error to |
25 | | present the notice on
or before the seventh day next ensuing at |
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1 | | the office of the election authority County Clerk
in order to |
2 | | secure the correction of the error. Such notice shall contain
|
3 | | on the outside a request for the postmaster to return it within |
4 | | five days
if it cannot be delivered to the addressee at the |
5 | | address given thereon.
Upon the return by the post office of |
6 | | such notice which it has been unable
to deliver at the given |
7 | | address because the addressee cannot be found there,
a notice |
8 | | shall be at once sent through the United States mail to such |
9 | | person
at the address appearing upon his registration record |
10 | | card requiring him
to appear before the election authority |
11 | | County Clerk , within five days, to answer questions
touching |
12 | | his right to register. If the person notified fails to appear |
13 | | at
the election authority's County Clerk's office within five |
14 | | days as directed or if he appears
and fails to prove his right |
15 | | to register, the election authority County Clerk shall cancel
|
16 | | his registration.
|
17 | | (Source: P.A. 80-1469.)
|
18 | | (10 ILCS 5/5-43)
|
19 | | Sec. 5-43. Computerization of voter records.
|
20 | | (a) The State Board of Elections shall design a |
21 | | registration record card
that, except as otherwise provided in |
22 | | this Section, shall be used in duplicate
by all election |
23 | | authorities in the State adopting a computer-based voter
|
24 | | registration file as provided in this Section. The Board shall |
25 | | prescribe the
form
and specifications, including but not |
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1 | | limited to the weight of paper, color,
and print of the cards. |
2 | | The cards shall contain boxes or spaces for the
information |
3 | | required under Sections 5-7 and 5-28.1; provided that
the cards |
4 | | shall also contain: (i) A space for the person to fill in his |
5 | | or
her Illinois driver's license number if the person has a |
6 | | driver's license; (ii)
A space for a person without a driver's |
7 | | license to fill in the last four digits
of his or her social |
8 | | security number if the person has a social security
number.
|
9 | | (b) The election authority may develop and implement a |
10 | | system to
prepare,
use, and maintain a computer-based voter |
11 | | registration file that includes a
computer-stored image of the |
12 | | signature of each voter. The computer-based voter
registration |
13 | | file may be used for all purposes for which the original
|
14 | | registration cards are to be used, provided that a system for |
15 | | the storage of at
least one copy of the original registration |
16 | | cards remains in effect. In the case of voter registration |
17 | | forms received via an online voter registration system, the |
18 | | original registration cards will include the signature |
19 | | received from the Secretary of State database. The
electronic |
20 | | file shall be the master file.
|
21 | | (c) Any system created, used, and maintained under |
22 | | subsection
(b) of this
Section shall meet the following |
23 | | standards:
|
24 | | (1) Access to any computer-based voter registration |
25 | | file shall be limited
to those persons authorized by the |
26 | | election authority, and each access to the
computer-based |
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1 | | voter registration file, other than an access solely for
|
2 | | inquiry, shall be recorded.
|
3 | | (2) No copy, summary, list, abstract, or index of any |
4 | | computer-based voter
registration file that includes any |
5 | | computer-stored image of the signature of
any registered |
6 | | voter shall be made available to the public outside of the
|
7 | | offices of the election authority.
|
8 | | (3) Any copy, summary, list, abstract, or index of any |
9 | | computer-based
voter
registration file that includes a |
10 | | computer-stored image of the signature of a
registered |
11 | | voter shall be produced in such a manner that it cannot be
|
12 | | reproduced.
|
13 | | (4) Each person desiring to vote shall sign an |
14 | | application for a ballot,
and the signature comparison |
15 | | authorized in Articles 17 and 18 of this Code may
be made |
16 | | to a copy of the computer-stored image of the signature of |
17 | | the
registered voter.
|
18 | | (5) Any voter list produced from a computer-based voter |
19 | | registration file
that includes computer-stored images of |
20 | | the signatures of registered voters and
is used in a |
21 | | polling place during an election shall be preserved by the
|
22 | | election authority in secure storage until the end of the |
23 | | second calendar year
following the election in which it was |
24 | | used.
|
25 | | (d) Before the first election in which the election |
26 | | authority
elects to use
a voter list produced from the |
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1 | | computer-stored images of the signatures of
registered voters |
2 | | in a computer-based voter registration file for signature
|
3 | | comparison in a polling place, the State Board of Elections |
4 | | shall certify that
the system used by the election authority |
5 | | complies with the standards set forth
in this Section. The |
6 | | State Board of Elections may request a sample poll list
|
7 | | intended to be used in a polling place to test the accuracy of |
8 | | the list and the
adequacy of the computer-stored images of the |
9 | | signatures of the registered
voters.
|
10 | | (e) With respect to a jurisdiction that has copied all of |
11 | | its
voter
signatures into a computer-based registration file, |
12 | | all references in this Act
or any other Act to the use, other |
13 | | than storage, of paper-based voter
registration records shall |
14 | | be deemed to refer to their computer-based
equivalents.
|
15 | | (f) Nothing in this Section prevents an election authority |
16 | | from
submitting to the State Board of Elections a duplicate |
17 | | copy of some, as the
State Board of Elections shall determine, |
18 | | or all of the data contained in each
voter registration record |
19 | | that is part of the electronic master file. The
duplicate copy |
20 | | of the registration record shall be maintained by the State
|
21 | | Board of Elections under the same terms and limitations |
22 | | applicable to the
election authority and shall be of equal |
23 | | legal dignity with the original
registration record maintained |
24 | | by the election authority as proof of any fact
contained in the |
25 | | voter registration record.
|
26 | | (Source: P.A. 93-574, eff. 8-21-03.)
|
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1 | | (10 ILCS 5/5-50) |
2 | | Sec. 5-50. Grace period. Notwithstanding any other |
3 | | provision of this
Code to the contrary, each election authority |
4 | | shall
establish procedures for the registration of voters and |
5 | | for change of address during the period from the close of
|
6 | | registration for a primary or election and until the 3rd day |
7 | | before the
primary or election. During this grace period, an |
8 | | unregistered qualified
elector may
register to vote, and a |
9 | | registered voter may submit a change of address form, in person |
10 | | in the office of the election
authority or at a voter |
11 | | registration location specifically designated for this
purpose |
12 | | by the election authority. The election authority shall
|
13 | | register that individual, or change a registered voter's |
14 | | address, in the same manner as otherwise provided by this |
15 | | Article for registration and change of address. |
16 | | If a voter who registers or changes address during this |
17 | | grace period wishes to vote at the first election or primary |
18 | | occurring after the grace period, he or she must do so by grace |
19 | | period voting , either in person in the office of the election |
20 | | authority or at a location specifically designated for this |
21 | | purpose by the election authority, or by mail, at the |
22 | | discretion of the election authority . The election authority |
23 | | shall offer in-person grace period voting at his or her office |
24 | | and may offer in-person grace period voting at additional |
25 | | locations specifically designated for the purpose of grace |
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1 | | period voting by the election authority. The election authority |
2 | | may allow grace period voting by mail only if the election |
3 | | authority has no ballots prepared at the authority's office. |
4 | | Grace period voting shall be in a manner substantially similar |
5 | | to voting under Article 19. |
6 | | Within one day after a voter casts a grace period ballot, |
7 | | or within one day after the ballot is received by the election |
8 | | authority if the election authority allows grace period voting |
9 | | by mail, the election authority shall transmit by electronic |
10 | | means pursuant to a process established by the State Board of |
11 | | Elections the voter's name, street address, e-mail address, and |
12 | | precinct, ward, township, and district numbers, as the case may |
13 | | be, to the State Board of Elections, which shall maintain those |
14 | | names and that information in an electronic format on its |
15 | | website, arranged by county and accessible to State and local |
16 | | political committees. The name of each person issued a grace |
17 | | period ballot shall also be placed on the appropriate precinct |
18 | | list of persons to whom absentee and early ballots have been |
19 | | issued, for use as provided in Sections 17-9 and 18-5. |
20 | | A person who casts a grace period ballot shall not be |
21 | | permitted to revoke that ballot and vote another ballot with |
22 | | respect to that primary or election. Ballots cast by persons |
23 | | who register or change address during the grace period must be |
24 | | transmitted to and counted at the election authority's central |
25 | | ballot counting location and shall not be transmitted to and |
26 | | counted at precinct polling places. The grace period ballots |
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1 | | determined to be valid shall be added to the vote totals for |
2 | | the precincts for which they were cast in the order in which |
3 | | the ballots were opened.
|
4 | | (Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.) |
5 | | (10 ILCS 5/6-19.5 new) |
6 | | Sec. 6-19.5. Rejection of Article by superseding county |
7 | | board of election commissioners. In addition to any other |
8 | | method of rejection provided in this Article, when a county |
9 | | board of election commissioners is established in accordance |
10 | | with subsection (c) of Section 6A-1 in a county in which is |
11 | | located any portion of a municipality with a municipal board of |
12 | | election commissioners, the application of the provisions of |
13 | | this Article to the territory of that municipality located |
14 | | within that county is rejected.
|
15 | | (10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
|
16 | | Sec. 6-29.
For the purpose of registering voters under this |
17 | | Article,
the office of the Board of Election Commissioners |
18 | | shall be open during
ordinary business hours of each week day, |
19 | | from 9 a.m. to 12 o'clock noon
on the last four Saturdays |
20 | | immediately preceding the end of the period
of registration |
21 | | preceding each election, and such other days and such
other |
22 | | times as the board may direct. During the 27 days immediately
|
23 | | preceding any election there shall be no registration of voters |
24 | | at the
office of the Board of Election Commissioners in cities, |
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1 | | villages and
incorporated towns of fewer than 200,000 |
2 | | inhabitants. In cities,
villages and incorporated towns of |
3 | | 200,000 or more inhabitants, there
shall be no registration of |
4 | | voters at the office of the Board of
Election Commissioners |
5 | | during the 35 days immediately preceding any
election; |
6 | | provided, however, where no precinct registration is being
|
7 | | conducted prior to any election then registration may be taken |
8 | | in the
office of the Board up to and including the 28th day |
9 | | prior to such
election. The Board of Election Commissioners may |
10 | | set up and establish
as many branch offices for the purpose of |
11 | | taking registrations as it may
deem necessary, and the branch |
12 | | offices may be open on any or all dates
and hours during which |
13 | | registrations may be taken in the main office.
All officers and |
14 | | employees of the Board of Election Commissioners who
are |
15 | | authorized by such board to take registrations under this |
16 | | Article
shall be considered officers of the circuit court, and |
17 | | shall be subject
to the same control as is provided by Section |
18 | | 14-5 of this Act with
respect to judges of election.
|
19 | | In any election called for the submission of the revision |
20 | | or
alteration of, or the amendments to the Constitution, |
21 | | submitted by a
Constitutional Convention, the final day for |
22 | | registration at the office
of the election authority charged |
23 | | with the printing of the ballot of
this election shall be the |
24 | | 15th day prior to the date of election.
|
25 | | The Board of Election Commissioners shall appoint one or |
26 | | more
registration teams, consisting of 2 of its employees for |
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1 | | each team, for
the purpose of accepting the registration of any |
2 | | voter who files an
affidavit, within the period for taking |
3 | | registrations provided for in
this article, that he is |
4 | | physically unable to appear at the office of
the Board or at |
5 | | any appointed place of registration. On the day or days
when a |
6 | | precinct registration is being conducted such teams shall |
7 | | consist
of one member from each of the 2 leading political |
8 | | parties who are
serving on the Precinct Registration Board. |
9 | | Each team so designated
shall visit each disabled person and |
10 | | shall accept the registration of
such person the same as if he |
11 | | had applied for registration in person.
|
12 | | Any otherwise qualified person who is absent from his |
13 | | county of
residence due to business of the United States, or |
14 | | who is temporarily residing
outside the territorial limits of |
15 | | the United
States, may make application to become registered by |
16 | | mail to the Board
of Election Commissioners within the periods |
17 | | for registration provided
for in this Article or by |
18 | | simultaneous application for absentee registration
and |
19 | | absentee ballot as provided in Article 20 of this Code.
|
20 | | Upon receipt of such application the Board of Election |
21 | | Commissioners
shall immediately mail an affidavit of |
22 | | registration in duplicate, which
affidavit shall contain the |
23 | | following and such other information as the
State Board of |
24 | | Elections may think it proper to require for the
identification |
25 | | of the applicant:
|
26 | | Name. The name of the applicant, giving surname and first |
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1 | | or
Christian name in full, and the middle name or the initial |
2 | | for such
middle name, if any.
|
3 | | Sex.
|
4 | | Residence. The name and number of the street, avenue or |
5 | | other
location of the dwelling, and such additional clear and |
6 | | definite
description as may be necessary to determine the exact |
7 | | location of the
dwelling of the applicant. Where the location |
8 | | cannot be determined by
street and number, then the section, |
9 | | congressional township and range
number may be used, or such |
10 | | other information as may be necessary,
including post office |
11 | | mailing address.
|
12 | | Electronic mail address, if the registrant has provided |
13 | | this information. |
14 | | Term of residence in the State of Illinois and the |
15 | | precinct.
|
16 | | Nativity. The state or country in which the applicant was |
17 | | born.
|
18 | | Citizenship. Whether the applicant is native born or |
19 | | naturalized.
If naturalized, the court, place and date of |
20 | | naturalization.
|
21 | | Age. Date of birth, by month, day and year.
|
22 | | Out of State address of ..................
|
23 | | AFFIDAVIT OF REGISTRATION
|
24 | | State of .........)
|
25 | | ) ss.
|
26 | | County of ........)
|
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1 | | I hereby swear (or affirm) that I am a citizen of the |
2 | | United States;
that on the day of the next election I shall |
3 | | have resided in the State
of Illinois and in the election |
4 | | precinct 30 days; that I am fully
qualified to vote, that I am |
5 | | not registered to vote anywhere else in the
United States, that |
6 | | I intend to remain a resident of the State of
Illinois, and of |
7 | | the election precinct, that I intend to return to the State
of |
8 | | Illinois, and that the
above statements are true.
|
9 | | ..............................
|
10 | | (His or her signature or mark)
|
11 | | Subscribed and sworn to before me, an officer qualified to |
12 | | administer
oaths, on (insert date).
|
13 | | ........................................
|
14 | | Signature of officer administering oath.
|
15 | | Upon receipt of the executed duplicate affidavit of |
16 | | Registration, the
Board of Election Commissioners shall |
17 | | transfer the information contained
thereon to duplicate |
18 | | Registration Cards provided for in Section 6-35 of
this Article |
19 | | and shall attach thereto a copy of each of the duplicate
|
20 | | affidavit of registration and thereafter such registration |
21 | | card and
affidavit shall constitute the registration of such |
22 | | person the same as
if he had applied for registration in |
23 | | person.
|
24 | | (Source: P.A. 91-357, eff. 7-29-99; 92-816, eff. 8-21-02.)
|
25 | | (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
|
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1 | | Sec. 6-35. The Boards of Election Commissioners shall |
2 | | provide a
sufficient number of blank forms for the registration |
3 | | of electors which
shall be known as registration record cards |
4 | | and which shall consist of
loose leaf sheets or cards, of |
5 | | suitable size to contain in plain writing
and figures the data |
6 | | hereinafter required thereon or shall consist of computer
cards |
7 | | of suitable nature to contain the data required thereon. The |
8 | | registration
record cards, which shall include an affidavit of |
9 | | registration as
hereinafter provided, shall be executed in |
10 | | duplicate. The duplicate of
which may be a carbon copy of the |
11 | | original or a copy of the original
made by the use of other |
12 | | method or material used for making simultaneous
true copies or |
13 | | duplications.
|
14 | | The registration record card shall contain the following |
15 | | and such
other information as the Board of Election |
16 | | Commissioners may think it
proper to require for the |
17 | | identification of the applicant for
registration:
|
18 | | Name. The name of the applicant, giving surname and first |
19 | | or
Christian name in full, and the middle name or the initial |
20 | | for such
middle name, if any.
|
21 | | Sex.
|
22 | | Residence. The name and number of the street, avenue, or |
23 | | other
location of the dwelling, including the apartment, unit |
24 | | or room number,
if any, and in the case of a mobile home the lot |
25 | | number, and such additional
clear and definite description as |
26 | | may be necessary to determine the exact
location of the |
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1 | | dwelling of the applicant, including post-office mailing
|
2 | | address. In the case of a homeless individual, the individual's |
3 | | voting
residence that is his or her mailing address shall be |
4 | | included on his or her
registration record card.
|
5 | | Term of residence in the State of Illinois and the |
6 | | precinct.
|
7 | | Nativity. The state or country in which the applicant was |
8 | | born.
|
9 | | Citizenship. Whether the applicant is native born or |
10 | | naturalized. If
naturalized, the court, place, and date of |
11 | | naturalization.
|
12 | | Date of application for registration, i.e., the day, month |
13 | | and year
when the applicant presented himself for registration.
|
14 | | Age. Date of birth, by month, day and year.
|
15 | | Physical disability of the applicant, if any, at the time |
16 | | of
registration, which would require assistance in voting.
|
17 | | The county and state in which the applicant was last |
18 | | registered.
|
19 | | Electronic mail address, if any. |
20 | | Signature of voter. The applicant, after registration and |
21 | | in the
presence of a deputy registrar or other officer of |
22 | | registration shall be
required to sign his or her name in ink |
23 | | to the affidavit on both the
original and the duplicate |
24 | | registration record card.
|
25 | | Signature of deputy registrar.
|
26 | | In case applicant is unable to sign his name, he may affix |
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1 | | his mark
to the affidavit. In such case the registration |
2 | | officer shall write a
detailed description of the applicant in |
3 | | the space provided at the
bottom of the card or sheet; and |
4 | | shall ask the following questions and
record the answers |
5 | | thereto:
|
6 | | Father's first name .........................
|
7 | | Mother's first name .........................
|
8 | | From what address did you last register? ....
|
9 | | Reason for inability to sign name ...........
|
10 | | Each applicant for registration shall make an affidavit in
|
11 | | substantially the following form:
|
12 | | AFFIDAVIT OF REGISTRATION
|
13 | | State of Illinois )
|
14 | | )ss
|
15 | | County of ....... )
|
16 | | I hereby swear (or affirm) that I am a citizen of the |
17 | | United States,
that on the day of the next election I shall |
18 | | have resided in the State
of Illinois and in the election |
19 | | precinct 30 days and that I intend that
this location is my |
20 | | residence; that I am fully qualified to
vote, and that the |
21 | | above statements are true.
|
22 | | ..............................
|
23 | | (His or her signature or mark)
|
24 | | Subscribed and sworn to before me on (insert date).
|
25 | | ......................................
|
26 | | Signature of registration officer
|
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1 | | (to be signed in presence of registrant).
|
2 | | Space shall be provided upon the face of each registration |
3 | | record
card for the notation of the voting record of the person |
4 | | registered
thereon.
|
5 | | Each registration record card shall be numbered according |
6 | | to wards or
precincts, as the case may be, and may be serially |
7 | | or otherwise marked
for identification in such manner as the |
8 | | Board of Election Commissioners
may determine.
|
9 | | The registration cards shall be deemed public records and |
10 | | shall be
open to inspection during regular business hours, |
11 | | except during the 27
days immediately preceding any election. |
12 | | On written request of any
candidate or objector or any person |
13 | | intending to object to a petition, the
election authority shall |
14 | | extend its hours for inspection of registration
cards and other |
15 | | records of the election authority during the period
beginning |
16 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
17 | | 28-3 and continuing through the termination of electoral board |
18 | | hearings on
any objections to petitions containing signatures |
19 | | of registered voters in
the jurisdiction of the election |
20 | | authority. The extension shall be for a
period of hours |
21 | | sufficient to allow adequate opportunity for examination of
the |
22 | | records but the election authority is not required to extend |
23 | | its hours
beyond the period beginning at its normal opening for |
24 | | business and ending
at midnight. If the business hours are so |
25 | | extended, the election authority
shall post a public notice of |
26 | | such extended hours. Registration record cards
may also be |
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1 | | inspected, upon approval of the officer in charge of the cards,
|
2 | | during the 27 days immediately preceding any election. |
3 | | Registration
record
cards shall also be open to inspection by |
4 | | certified judges and poll watchers
and challengers at the |
5 | | polling place on election day, but only to the extent
necessary |
6 | | to determine the question of the right of a person to vote or |
7 | | to
serve as a judge of election. At no time shall poll watchers |
8 | | or challengers be
allowed to physically handle the registration |
9 | | record cards.
|
10 | | Updated copies of computer tapes or computer discs or other |
11 | | electronic data
processing information containing voter |
12 | | registration information shall
be furnished by the Board of |
13 | | Election Commissioners within 10 days after
December 15 and May |
14 | | 15 each year and within 10
days after each registration period |
15 | | is closed to the State Board
of Elections in a
form prescribed |
16 | | by the State Board. For the purposes of this Section, a
|
17 | | registration period is closed 27 days before the date of any |
18 | | regular
or special
election. Registration information shall
|
19 | | include, but not be limited to, the following information: |
20 | | name, sex,
residence, telephone number, if any, age, party |
21 | | affiliation, if
applicable, precinct, ward, township, county, |
22 | | and representative,
legislative and congressional districts. |
23 | | In the event of noncompliance,
the State Board of Elections is |
24 | | directed to obtain compliance forthwith
with this |
25 | | nondiscretionary duty of the election authority by instituting
|
26 | | legal proceedings in the circuit court of the county in which |
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1 | | the election
authority maintains the registration information. |
2 | | The costs of furnishing
updated copies of tapes or discs shall |
3 | | be paid at a rate of $.00034
per name of registered voters in |
4 | | the election jurisdiction, but not less
than $50 per tape or |
5 | | disc and shall be paid from appropriations made to the
State |
6 | | Board of Elections for reimbursement to the election authority |
7 | | for
such purpose. The State Board shall furnish copies of such |
8 | | tapes, discs,
other electronic data or compilations thereof to |
9 | | state political committees
registered pursuant to the Illinois |
10 | | Campaign Finance Act or the Federal
Election Campaign Act and |
11 | | to governmental entities, at their request and at a reasonable |
12 | | cost.
To protect the privacy and confidentiality of voter |
13 | | registration information,
the disclosure
of electronic voter |
14 | | registration records to any person or entity other than to a
|
15 | | State or local political
committee and other than to a |
16 | | governmental entity for a governmental
purpose is specifically |
17 | | prohibited except as follows: subject to security measures |
18 | | adopted by the State Board of Elections which, at a minimum, |
19 | | shall include the keeping of a catalog or database, available |
20 | | for public view, including the name, address, and telephone |
21 | | number of the person viewing the list as well as the time of |
22 | | that viewing, any person may view the centralized statewide |
23 | | voter registration list on a computer screen at the Springfield |
24 | | office of the State Board of Elections, during normal business |
25 | | hours other than during the 27 days before an election, but the |
26 | | person viewing the list under this exception may not print, |
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1 | | duplicate, transmit, or alter the list.
Copies of the
tapes, |
2 | | discs or other electronic data shall be furnished by the Board |
3 | | of
Election Commissioners to local political committees and |
4 | | governmental entities at their request and at a
reasonable |
5 | | cost. Reasonable cost of the tapes, discs, et cetera for
this |
6 | | purpose would be the cost of duplication plus 15% for
|
7 | | administration. The individual representing a political |
8 | | committee
requesting copies of such tapes shall make a sworn |
9 | | affidavit that the
information shall be used only for bona fide |
10 | | political purposes,
including by or for candidates for office |
11 | | or incumbent office holders.
Such tapes, discs or other |
12 | | electronic data shall not be used under any
circumstances by |
13 | | any political committee or individuals for purposes of
|
14 | | commercial solicitation or other business purposes. If such |
15 | | tapes
contain information on county residents related to the |
16 | | operations of
county government in addition to registration |
17 | | information, that
information shall not be used under any |
18 | | circumstances for commercial
solicitation or other business |
19 | | purposes. The prohibition in this
Section against using the |
20 | | computer tapes or computer discs or other
electronic data |
21 | | processing information containing voter registration
|
22 | | information for purposes of commercial solicitation or other |
23 | | business
purposes shall be prospective only from the effective |
24 | | date of this
amended Act of 1979. Any person who violates this |
25 | | provision shall be
guilty of a Class 4 felony.
|
26 | | The State Board of Elections shall promulgate, by October |
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1 | | 1, 1987, such
regulations as may be necessary to ensure |
2 | | uniformity throughout the State
in electronic data processing |
3 | | of voter registration information. The
regulations shall |
4 | | include, but need not be limited to, specifications for
uniform |
5 | | medium, communications protocol and file structure to be |
6 | | employed
by the election authorities of this State in the |
7 | | electronic data processing
of voter registration information. |
8 | | Each election authority utilizing
electronic data processing |
9 | | of voter registration information shall comply
with such |
10 | | regulations on and after May 15, 1988.
|
11 | | If the applicant for registration was last registered in |
12 | | another
county within this State, he shall also sign a |
13 | | certificate authorizing
cancellation of the former |
14 | | registration. The certificate shall be in
substantially the |
15 | | following form:
|
16 | | To the County Clerk of .... County, Illinois.
|
17 | | To the Election Commission of the City of ...., Illinois.
|
18 | | This is to certify that I am registered in your (county) |
19 | | (city) and
that my residence was ..... Having moved out of your |
20 | | (county), (city), I
hereby authorize you to cancel that |
21 | | registration in your office.
|
22 | | Dated at ...., Illinois, on (insert date).
|
23 | | ....................
|
24 | | (Signature of Voter)
|
25 | | Attest ...., Clerk, Election Commission of the City of....,
|
26 | | Illinois.
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1 | | The cancellation certificate shall be mailed immediately |
2 | | by the clerk
of the Election Commission to the county clerk, |
3 | | (or Election Commission
as the case may be) where the applicant |
4 | | was formerly registered. Receipt
of such certificate shall be |
5 | | full authority for cancellation of any
previous registration.
|
6 | | (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; |
7 | | 94-136, eff. 7-7-05.)
|
8 | | (10 ILCS 5/6-40) (from Ch. 46, par. 6-40)
|
9 | | Sec. 6-40.
Where verification lists are furnished to the |
10 | | canvassers by the
Board of Election Commissioners, immediately |
11 | | upon completion of the
canvass, the canvassers, or one of them, |
12 | | shall file with the Board of
Election Commissioners the list of |
13 | | registered voters upon which the
canvassers have made notation |
14 | | in the column headed "Remarks" as follows:
"O. K.", if they |
15 | | still reside at the address shown on the registration
list, or |
16 | | "Died", "Moved", or "Changed Name" as the case may be. Such |
17 | | lists
shall be attested to by the canvassers in an attached |
18 | | affidavit. No
canvasser shall be remunerated for services as |
19 | | canvasser until such signed
affidavit is filed with the Board |
20 | | of Election Commissioners.
|
21 | | Upon receipt by the Board of Election Commissioners of the |
22 | | completed
list and the attached affidavit as to the correctness |
23 | | of the list, the
Board of Election Commissioners shall prepare |
24 | | post card "Notices to Show
Cause Why Registration Should not be |
25 | | Cancelled" to send to each voter on
each list after whose name |
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1 | | the canvassers have written "Died", "Moved", or
"Changed Name". |
2 | | They shall be sent by mail, and electronic mail if the person |
3 | | whose registration is questioned has provided the election |
4 | | authority with an e-mail address, mailed to those whose |
5 | | registration is
questioned by the Board of Election |
6 | | Commissioners not later than 10 P.M. on
Friday of the week of |
7 | | the canvass. The affidavits made by the canvassers
showing the |
8 | | names and addresses of such canvassers shall be a public record
|
9 | | for 60 days.
|
10 | | The Board of Election Commissioners shall also prepare a |
11 | | correct list of
those registered voters in each precinct who |
12 | | are designated "O.K." in the
remarks column by the canvassers |
13 | | and supplemental lists after the hearings
on "Notices to Show |
14 | | Cause Why Registration Should Not be Cancelled"; such
lists to |
15 | | be called "Printed Register of Registered Voters" of a given |
16 | | date
and supplements thereto.
|
17 | | It shall be the duty of the Board of Election Commissioners |
18 | | when
complaint is made to them, to investigate the action of |
19 | | such canvassers and
to cause them or either of them to be |
20 | | brought before the circuit court and
to prosecute them as for |
21 | | contempt, and also at the discretion of the Board
of Election |
22 | | Commissioners, to cause them to be prosecuted criminally for
|
23 | | such wilful neglect of duty.
|
24 | | (Source: Laws 1965, p. 3501.)
|
25 | | (10 ILCS 5/6-57) (from Ch. 46, par. 6-57)
|
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1 | | Sec. 6-57.
To each person who registers at the office of |
2 | | the board of
election commissioners or at any place designated |
3 | | by such board under
Section 6-51 of this Article, after the |
4 | | first registration under this
Article, the board shall send by |
5 | | mail , and electronic mail if the registrant has provided the |
6 | | board of election committees with an e-mail address, a notice |
7 | | setting forth the elector's
name and address as it appears on |
8 | | the registration record card, and shall
request him in case of |
9 | | any error to present the notice on or before the
tenth day next |
10 | | ensuing at the office of the Board of Election Commissioners
in |
11 | | order to secure the correction of the error. Such notice shall |
12 | | contain
on the outside a request for the postmaster to return |
13 | | it within five days
if it cannot be delivered to the addressee |
14 | | at the address given thereon.
Upon the return by the post |
15 | | office of any such notice which it has been
unable to deliver |
16 | | at the given address because the addressee cannot be
found |
17 | | there, a notice shall be at once sent through the United States |
18 | | mail
to such person at the address appearing upon his |
19 | | registration record card
requiring him to appear before the |
20 | | Board of Election Commissioners at a
time and place specified |
21 | | in the notice and show cause why his name should
not be |
22 | | cancelled from the register. Thereafter, proceedings shall be, |
23 | | as
nearly as may be, in conformity with those established by |
24 | | Section 6-52 of
this Article with respect to applications to |
25 | | complete registration. Such
notice may be sent at any time |
26 | | within thirty days after the registration of
any person, but |
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1 | | such notice shall be sent within five days after the last
day |
2 | | of registration before any election, to all persons who have |
3 | | registered
since the last preceding election, and to whom no |
4 | | such notice has
theretofore been sent; and where the addressee |
5 | | cannot be found, notice
requiring such person to appear before |
6 | | the board of election commissioners
shall specify dates for |
7 | | hearing before the election not later than those
prescribed by |
8 | | Section 6-45 of this Article.
|
9 | | (Source: Laws 1951, p. 1795 .)
|
10 | | (10 ILCS 5/6-79)
|
11 | | Sec. 6-79. Computerization of voter records.
|
12 | | (a) The State Board of Elections shall design a |
13 | | registration record card
that, except as otherwise provided in |
14 | | this Section, shall be used in duplicate
by all election |
15 | | authorities in the State adopting a computer-based voter
|
16 | | registration file as provided in this Section. The Board shall |
17 | | prescribe the
form
and specifications, including but not |
18 | | limited to the weight of paper, color,
and print of the cards. |
19 | | The cards shall contain boxes or spaces for the
information |
20 | | required under Sections 6-31.1 and 6-35; provided
that
the |
21 | | cards shall also contain: (i) A space for the person to fill in |
22 | | his or
her Illinois driver's license number if the person has a |
23 | | driver's license; (ii)
A space for a person without a driver's |
24 | | license to fill in the last four digits
of his or her social |
25 | | security number if the person has a social security
number.
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1 | | (b) The election authority may develop and implement a |
2 | | system to
prepare,
use, and maintain a computer-based voter |
3 | | registration file that includes a
computer-stored image of the |
4 | | signature of each voter. The computer-based voter
registration |
5 | | file may be used for all purposes for which the original
|
6 | | registration cards are to be used, provided that a system for |
7 | | the storage of at
least one copy of the original registration |
8 | | cards remains in effect.
In the case of voter registration |
9 | | forms received via an online voter registration system, the |
10 | | original registration cards will include the signature |
11 | | received from the Secretary of State database. The electronic |
12 | | file shall be the master file.
|
13 | | (c) Any system created, used, and maintained under |
14 | | subsection
(b) of this
Section shall meet the following |
15 | | standards:
|
16 | | (1) Access to any computer-based voter registration |
17 | | file shall be limited
to those persons authorized by the |
18 | | election authority, and each access to the
computer-based |
19 | | voter registration file, other than an access solely for
|
20 | | inquiry, shall be recorded.
|
21 | | (2) No copy, summary, list, abstract, or index of any |
22 | | computer-based voter
registration file that includes any |
23 | | computer-stored image of the signature of
any registered |
24 | | voter shall be made available to the public outside of the
|
25 | | offices of the election authority.
|
26 | | (3) Any copy, summary, list, abstract, or index of any |
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1 | | computer-based
voter
registration file that includes a |
2 | | computer-stored image of the signature of a
registered |
3 | | voter shall be produced in such a manner that it cannot be
|
4 | | reproduced.
|
5 | | (4) Each person desiring to vote shall sign an |
6 | | application for a ballot,
and the signature comparison |
7 | | authorized in Articles 17 and 18 of this Code may
be made |
8 | | to a copy of the computer-stored image of the signature of |
9 | | the
registered voter.
|
10 | | (5) Any voter list produced from a computer-based voter |
11 | | registration file
that includes computer-stored images of |
12 | | the signatures of registered voters and
is used in a |
13 | | polling place during an election shall be preserved by the
|
14 | | election authority in secure storage until the end of the |
15 | | second calendar year
following the election in which it was |
16 | | used.
|
17 | | (d) Before the first election in which the election |
18 | | authority
elects to use
a voter list produced from the |
19 | | computer-stored images of the signatures of
registered voters |
20 | | in a computer-based voter registration file for signature
|
21 | | comparison in a polling place, the State Board of Elections |
22 | | shall certify that
the system used by the election authority |
23 | | complies with the standards set forth
in this Section. The |
24 | | State Board of Elections may request a sample poll list
|
25 | | intended to be used in a polling place to test the accuracy of |
26 | | the list and the
adequacy of the computer-stored images of the |
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1 | | signatures of the registered
voters.
|
2 | | (e) With respect to a jurisdiction that has copied all of |
3 | | its
voter
signatures into a computer-based registration file, |
4 | | all references in this Act
or any other Act to the use, other |
5 | | than storage, of paper-based voter
registration records shall |
6 | | be deemed to refer to their computer-based
equivalents.
|
7 | | (f) Nothing in this Section prevents an election authority |
8 | | from
submitting to the State Board of Elections a duplicate |
9 | | copy of some, as the
State Board of Elections shall determine, |
10 | | or all of the data contained in each
voter registration record |
11 | | that is part of the electronic master file. The
duplicate copy |
12 | | of the registration record shall be maintained by the State
|
13 | | Board of Elections under the same terms and limitations |
14 | | applicable to the
election authority and shall be of equal |
15 | | legal dignity with the original
registration record maintained |
16 | | by the election authority as proof of any fact
contained in the |
17 | | voter registration record.
|
18 | | (Source: P.A. 93-574, eff. 8-21-03.)
|
19 | | (10 ILCS 5/6-100) |
20 | | Sec. 6-100. Grace period. Notwithstanding any other |
21 | | provision of this
Code to the contrary, each election authority |
22 | | shall
establish procedures for the registration of voters and |
23 | | for change of address during the period from the close of
|
24 | | registration for a primary or election and until the 3rd day |
25 | | before the
primary or election. During this grace period, an |
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1 | | unregistered qualified
elector may
register to vote, and a |
2 | | registered voter may submit a change of address form, in person |
3 | | in the office of the election
authority or at a voter |
4 | | registration location specifically designated for this
purpose |
5 | | by the election authority. The election authority shall
|
6 | | register that individual, or change a registered voter's |
7 | | address, in the same manner as otherwise provided by this |
8 | | Article for registration and change of address. |
9 | | If a voter who registers or changes address during this |
10 | | grace period wishes to vote at the first election or primary |
11 | | occurring after the grace period , he or she must do so by grace |
12 | | period voting, either in person in the office of the election |
13 | | authority or at a location specifically designated for this |
14 | | purpose by the election authority, or by mail, at the |
15 | | discretion of the election authority . The election authority |
16 | | shall offer in-person grace period voting at the authority's |
17 | | office and may offer in-person grace period voting at |
18 | | additional locations specifically designated for the purpose |
19 | | of grace period voting by the election authority. The election |
20 | | authority may allow grace period voting by mail only if the |
21 | | election authority has no ballots prepared at the authority's |
22 | | office. Grace period voting shall be in a manner substantially |
23 | | similar to voting under Article 19. |
24 | | Within one day after a voter casts a grace period ballot, |
25 | | or within one day after the ballot is received by the election |
26 | | authority if the election authority allows grace period voting |
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1 | | by mail, the election authority shall transmit by electronic |
2 | | means pursuant to a process established by the State Board of |
3 | | Elections the voter's name, street address, e-mail address, and |
4 | | precinct, ward, township, and district numbers, as the case may |
5 | | be, to the State Board of Elections, which shall maintain those |
6 | | names and that information in an electronic format on its |
7 | | website, arranged by county and accessible to State and local |
8 | | political committees. The name of each person issued a grace |
9 | | period ballot shall also be placed on the appropriate precinct |
10 | | list of persons to whom absentee and early ballots have been |
11 | | issued, for use as provided in Sections 17-9 and 18-5. |
12 | | A person who casts a grace period ballot shall not be |
13 | | permitted to revoke that ballot and vote another ballot with |
14 | | respect to that primary or election. Ballots cast by persons |
15 | | who register or change address during the grace period must be |
16 | | transmitted to and counted at the election authority's central |
17 | | ballot counting location and shall not be transmitted to and |
18 | | counted at precinct polling places. The grace period ballots |
19 | | determined to be valid shall be added to the vote totals for |
20 | | the precincts for which they were cast in the order in which |
21 | | the ballots were opened.
|
22 | | (Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
|
23 | | (10 ILCS 5/6A-1) (from Ch. 46, par. 6A-1)
|
24 | | Sec. 6A-1.
|
25 | | (a) Any county in which there is no city, village or |
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1 | | incorporated town
with a board of election commissioners may |
2 | | establish a county board of
election commissioners either (1) |
3 | | by ordinance of the county board or
(2) by vote of the electors |
4 | | of the county in accordance with subsection (a) of Section
|
5 | | 6A-2.
|
6 | | The fact that some territory in a county is within the |
7 | | corporate
limits of a city, village or incorporated town with a |
8 | | board of election
commissioners does not prevent that county |
9 | | from establishing a county
board of election commissioners in |
10 | | accordance with this Article if no
portion of such city, |
11 | | village or incorporated town was within the county
at the time |
12 | | of the establishment of the board of election commissioners
for |
13 | | such city, village or incorporated town. If such a county
|
14 | | establishes a county board of election commissioners pursuant |
15 | | to this
Article, the county board of election commissioners |
16 | | shall, with respect
to the territory in the county within the |
17 | | corporate limits of the city,
village or incorporated town, |
18 | | supersede the board of election
commissioners of that city, |
19 | | village or incorporated town.
|
20 | | (b) Any county with a population of more than 700,000 |
21 | | persons as of the 2010 federal decennial census that borders |
22 | | another state and borders no more than 2 other Illinois |
23 | | counties, shall be subject to a county board of election |
24 | | commissioners beginning 90 days after the effective date of |
25 | | this amendatory Act of the 98th General Assembly. |
26 | | (c) Any county with a population of less than 200,000 but |
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1 | | more than 175,000 persons as of the 2010 federal decennial |
2 | | census in which a city, village, or incorporated town with a |
3 | | board of election commissioners is located may establish a |
4 | | county board of election commissioners by vote of the electors |
5 | | of the county in accordance with subsection (b) of Section |
6 | | 6A-2. If such a county establishes a county board of election |
7 | | commissioners, the county board of election commissioners, |
8 | | with respect to the territory in the county within the |
9 | | corporate limits of the city, village, or incorporated town, |
10 | | shall supersede the board of election commissioners of that |
11 | | city village, or incorporated town. |
12 | | (Source: P.A. 81-1433.)
|
13 | | (10 ILCS 5/6A-2) (from Ch. 46, par. 6A-2)
|
14 | | Sec. 6A-2. Submission to voters. |
15 | | (a) Whenever registered voters in a the county described in |
16 | | subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8
|
17 | | of the number voting at the last preceding general election in |
18 | | the county,
whichever is less, petition the circuit court to |
19 | | submit to the electors of
the county a proposition to establish |
20 | | a county board of election
commissioners, the circuit court |
21 | | shall cause such proposition to be
submitted to the electors of |
22 | | the county at the next succeeding general
election. |
23 | | (b) If the county board of a county described in subsection |
24 | | (c) of Section 6A-1 passes an ordinance or resolution |
25 | | establishing a county board of election commissioners, then the |
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1 | | proposition to establish a county board of election |
2 | | commissioners shall be submitted to the electors of that county |
3 | | at the next possible general election. The board shall certify |
4 | | the ordinance or resolution and the proposition to the proper |
5 | | election officials who shall submit the proposition at the next |
6 | | general election in accordance with the general election law. |
7 | | (c) The proposition shall be submitted in the same manner |
8 | | as provided
in Article 6 for the adoption of Articles 6, 14 and |
9 | | 18 by cities, villages
and incorporated towns, except that the |
10 | | question shall be stated: "Shall a
board of election |
11 | | commissioners be established for .... County?"
|
12 | | (Source: P.A. 78-465.)
|
13 | | (10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
|
14 | | Sec. 6A-3. Commissioners; filling vacancies. |
15 | | (a) If the county board adopts an ordinance providing for |
16 | | the
establishment of a county board of election commissioners, |
17 | | or if a
majority of the votes cast on a proposition submitted |
18 | | in accordance with
Section 6A-2 (a) are in favor of a county |
19 | | board of election commissioners, a
county board of election |
20 | | commissioners shall be appointed in the same
manner as is |
21 | | provided in Article 6 for boards of election commissioners
in |
22 | | cities, villages and incorporated towns, except that the county |
23 | | board of
election commissioners shall be appointed by the |
24 | | chairman of the county board
rather than the circuit court. |
25 | | However, before any
appointments are made, the appointing |
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1 | | authority shall ascertain whether
the county clerk desires to |
2 | | be a member of the county board of election
commissioners. If |
3 | | the county clerk so
desires, he shall be one of the
members of |
4 | | the county board of election commissioners, and the
appointing |
5 | | authority shall appoint only 2 other members.
|
6 | | (b) For any county board of election commissioners |
7 | | established under subsection (b) of Section 6A-1, within 30 |
8 | | days after the effective date of this amendatory Act of the |
9 | | 98th General Assembly, the chief judge of the circuit court of |
10 | | the county shall appoint 5 commissioners. At least 4 of those |
11 | | commissioners shall be selected from the 2 major established |
12 | | political parties of the State, with at least 2 from each of |
13 | | those parties. Such appointment shall be entered of record in |
14 | | the office of the County Clerk and the State Board of |
15 | | Elections. Those first appointed shall hold their offices for |
16 | | the period of one, 2, and 3 years respectively, and the judge |
17 | | appointing them shall designate the term for which each |
18 | | commissioner shall hold his or her office, whether for one, 2 |
19 | | or 3 years except that no more than one commissioner from each |
20 | | major established political party may be designated the same |
21 | | term. After the initial term, each commissioner or his or her |
22 | | successor shall be appointed to a 3 year term. No elected |
23 | | official or former elected official who has been out of elected |
24 | | office for less than 2 years may be appointed to the board. |
25 | | Vacancies shall be filled by the chief judge of the circuit |
26 | | court within 30 days of the vacancy in a manner that maintains |
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1 | | the foregoing political party representation. |
2 | | (c) For any county board of election commissioners |
3 | | established under subsection (c) of Section 6A-1, within 30 |
4 | | days after the conclusion of the election at which the |
5 | | proposition to establish a county board of election |
6 | | commissioners is approved by the voters, the municipal board |
7 | | shall apply to the circuit court of the county for the chief |
8 | | judge of the circuit court to appoint 2 additional |
9 | | commissioners, one of whom shall be from each major established |
10 | | political party and neither of whom shall reside within the |
11 | | limits of the municipal board, so that 3 commissioners shall |
12 | | reside within the limits of the municipal board and 2 shall |
13 | | reside within the county but not within the municipality, as it |
14 | | may exist from time to time. Not more than 3 of the |
15 | | commissioners shall be members of the same major established |
16 | | political party. Vacancies shall be filled by the chief judge |
17 | | of the circuit court upon application of the remaining |
18 | | commissioners in a manner that maintains the foregoing |
19 | | geographical and political party representation. |
20 | | (Source: P.A. 91-358, eff. 7-29-99.)
|
21 | | (10 ILCS 5/6A-4) (from Ch. 46, par. 6A-4)
|
22 | | Sec. 6A-4. Transfer of records. Upon the opening of an the |
23 | | office of a the county board of election
commissioners, the |
24 | | county clerk and any municipal board of election commissioners |
25 | | in the county shall turn over to such county board all registry
|
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1 | | books, registration record cards, poll books, tally sheets and |
2 | | ballot boxes
and all other books, forms, blanks and stationery |
3 | | of every description in the clerk's or municipal board's |
4 | | possession
his hands in any way relating to elections or the |
5 | | holding of elections in
the county and any unused |
6 | | appropriations related to elections or the holding of elections |
7 | | in the county . Thereupon, all functions, powers and duties of |
8 | | the county clerk ,
or the county board , or the municipal board |
9 | | relating to elections in that county are transferred to the |
10 | | county
board of election commissioners.
|
11 | | (Source: P.A. 78-465.)
|
12 | | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
|
13 | | Sec. 7-10. Form of petition for nomination. The name of no |
14 | | candidate for
nomination, or State central committeeman, or |
15 | | township committeeman, or
precinct committeeman, or ward |
16 | | committeeman or candidate for delegate or
alternate delegate to |
17 | | national nominating conventions, shall be printed
upon the |
18 | | primary ballot unless a petition for nomination has been filed |
19 | | in
his behalf as provided in this Article in substantially the |
20 | | following form:
|
21 | | We, the undersigned, members of and affiliated with the |
22 | | .... party
and qualified primary electors of the .... party, in |
23 | | the .... of ....,
in the county of .... and State of Illinois, |
24 | | do hereby petition that
the following named person or persons |
25 | | shall be a candidate or candidates
of the .... party for the |
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1 | | nomination for (or in case of committeemen for
election to) the |
2 | | office or offices hereinafter specified, to be voted
for at the |
3 | | primary election to be held on (insert date).
|
|
4 | | Name |
Office |
Address |
|
5 | | John Jones |
Governor |
Belvidere, Ill. |
|
6 | | Jane James | Lieutenant Governor | Peoria, Ill. |
|
7 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
|
8 | | Name.................. Address.......................
|
9 | | State of Illinois)
|
10 | | ) ss.
|
11 | | County of........)
|
12 | | I, ...., do hereby certify
that I reside at No. .... |
13 | | street, in the .... of ...., county of ....,
and State of |
14 | | ....., that I am 18 years of age or older, that
I am a citizen |
15 | | of the United States, and that the signatures on this sheet
|
16 | | were signed
in my presence, and are genuine, and that to the |
17 | | best of my knowledge
and belief the persons so signing were at |
18 | | the time of signing the
petitions qualified voters of the .... |
19 | | party, and that their respective
residences are correctly |
20 | | stated, as above set forth.
|
21 | | .........................
|
22 | | Subscribed and sworn to before me on (insert date).
|
23 | | .........................
|
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1 | | Each sheet of the petition other than the statement of |
2 | | candidacy and
candidate's statement shall be of uniform size |
3 | | and shall contain above
the space for signatures an appropriate |
4 | | heading giving the information
as to name of candidate or |
5 | | candidates, in whose behalf such petition is
signed; the |
6 | | office, the political party represented and place of
residence; |
7 | | and the heading of each sheet shall be the same.
|
8 | | Such petition shall be signed by qualified primary electors |
9 | | residing
in the political division for which the nomination is |
10 | | sought in their
own proper persons only and opposite the |
11 | | signature of each signer, his
residence address shall be |
12 | | written or printed. The residence address
required to be |
13 | | written or printed opposite each qualified primary elector's
|
14 | | name shall include the street address or rural route number of |
15 | | the signer,
as the case may be, as well as the signer's county, |
16 | | and city, village or
town, and state.
However the county or |
17 | | city, village or town, and state of residence of
the electors |
18 | | may be printed on the petition forms where all of the
electors |
19 | | signing the petition reside in the same county or city, village
|
20 | | or town, and state. Standard abbreviations may be used in |
21 | | writing the
residence address, including street number, if any. |
22 | | At the bottom of
each sheet of such petition shall be added a |
23 | | circulator statement signed by
a person 18 years of age or |
24 | | older who is a citizen of the United States,
stating the street |
25 | | address or rural route number, as the case may be, as well
as |
26 | | the county, city, village or town, and state;
and certifying |
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1 | | that the signatures on that sheet of the petition were signed |
2 | | in
his or her presence and certifying that the signatures are |
3 | | genuine; and
either (1) indicating the dates on which that |
4 | | sheet was circulated, or (2)
indicating the first and last |
5 | | dates on which the sheet was circulated, or (3)
certifying that |
6 | | none of the signatures on the sheet were signed more than 90
|
7 | | days preceding the last day for the filing of the petition and |
8 | | certifying that
to the best of his or her knowledge and belief |
9 | | the persons so signing were at
the time of signing the |
10 | | petitions qualified voters of the political party for
which a |
11 | | nomination is sought. Such statement shall be sworn to before |
12 | | some
officer authorized to administer oaths in this State.
|
13 | | No petition sheet shall be circulated more than 90 days |
14 | | preceding the
last day provided in Section 7-12 for the filing |
15 | | of such petition.
|
16 | | The person circulating the petition, or the candidate on |
17 | | whose behalf the
petition is circulated, may strike any |
18 | | signature from the petition,
provided that:
|
19 | | (1) the person striking the signature shall initial the |
20 | | petition at
the place where the signature is struck; and
|
21 | | (2) the person striking the signature shall sign a |
22 | | certification
listing the page number and line number of |
23 | | each signature struck from
the petition. Such |
24 | | certification shall be filed as a part of the petition.
|
25 | | Such sheets before being filed shall be neatly fastened |
26 | | together in
book form, by placing the sheets in a pile and |
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1 | | fastening them together
at one edge in a secure and suitable |
2 | | manner, and the sheets shall then
be numbered consecutively. |
3 | | The sheets shall not be fastened by pasting
them together end |
4 | | to end, so as to form a continuous strip or roll. All
petition |
5 | | sheets which are filed with the proper local election |
6 | | officials,
election authorities or the State Board of Elections |
7 | | shall be the original
sheets which have been signed by the |
8 | | voters and by the circulator thereof,
and not photocopies or |
9 | | duplicates of such sheets. Each petition must include
as a part |
10 | | thereof, a statement of candidacy for each of the candidates |
11 | | filing,
or in whose behalf the petition is filed. This |
12 | | statement shall set out the
address of such candidate, the |
13 | | office for which he is a candidate, shall state
that the |
14 | | candidate is a qualified primary voter of the party to which |
15 | | the
petition relates and is qualified for the office specified |
16 | | (in the case of a
candidate for State's Attorney it shall state |
17 | | that the candidate is at the time
of filing such statement a |
18 | | licensed attorney-at-law of this State), shall state
that he |
19 | | has filed (or will file before the close of the petition filing |
20 | | period)
a statement of economic interests as required by the |
21 | | Illinois Governmental
Ethics Act, shall request that the |
22 | | candidate's name be placed upon the official
ballot, and shall |
23 | | be subscribed and sworn to by such candidate before some
|
24 | | officer authorized to take acknowledgment of deeds in the State |
25 | | and shall be in
substantially the following form:
|
26 | | Statement of Candidacy
|
|
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1 | | Name |
Address |
Office |
District |
Party |
|
2 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
|
3 | | |
Belvidere, |
|
|
|
|
4 | | |
Illinois |
|
|
|
|
5 | | State of Illinois)
|
6 | | ) ss.
|
7 | | County of .......)
|
8 | | I, ...., being first duly sworn, say that I reside at .... |
9 | | Street in the city
(or village) of ...., in the county of ...., |
10 | | State of Illinois; that I
am a qualified voter therein and am a |
11 | | qualified primary voter of the ....
party; that I am a |
12 | | candidate for nomination (for election in the case of
|
13 | | committeeman and delegates and alternate delegates) to the |
14 | | office of ....
to be voted upon at the primary election to be |
15 | | held on (insert date); that I am
legally qualified (including
|
16 | | being the holder of any license that may be an eligibility |
17 | | requirement
for the office I seek the nomination for) to hold |
18 | | such office and that I
have filed (or I will file before the |
19 | | close of the petition filing period)
a statement of economic |
20 | | interests as required by the Illinois
Governmental Ethics Act |
21 | | and I hereby request that my name be printed
upon the official |
22 | | primary ballot for nomination for (or election to in
the case |
23 | | of committeemen and delegates and alternate delegates) such
|
24 | | office.
|
25 | | Signed ......................
|
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1 | | Subscribed and sworn to (or affirmed) before me by ...., |
2 | | who is to me
personally known, on (insert date).
|
3 | | Signed ....................
|
4 | | (Official Character)
|
5 | | (Seal, if officer has one.)
|
6 | | The petitions, when filed, shall not be withdrawn or added |
7 | | to, and no
signatures shall be revoked except by revocation |
8 | | filed in writing with
the State Board of Elections, election |
9 | | authority or local election
official with whom the petition is |
10 | | required to be filed, and before the
filing of such petition. |
11 | | Whoever forges the name of a signer upon any
petition required |
12 | | by this Article is deemed guilty of a forgery and on
conviction |
13 | | thereof shall be punished accordingly.
|
14 | | A candidate for the offices listed in this Section must |
15 | | obtain the number
of signatures specified in this Section on |
16 | | his or her petition for nomination.
|
17 | | (a) Statewide office or delegate to a national nominating |
18 | | convention. If a
candidate seeks to run for statewide office or |
19 | | as a delegate or alternate
delegate to a national nominating |
20 | | convention elected from the State at-large,
then the |
21 | | candidate's petition for nomination must contain at least 5,000 |
22 | | but
not more than 10,000 signatures.
|
23 | | (b) Congressional office or congressional delegate to a |
24 | | national nominating
convention. If a candidate seeks to run for |
25 | | United States Congress or as a
congressional delegate or |
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1 | | alternate congressional delegate to a national
nominating |
2 | | convention elected from a congressional district, then the
|
3 | | candidate's petition for nomination must contain at least the |
4 | | number of
signatures equal to 0.5% of the qualified primary |
5 | | electors of his or her party
in his or her congressional |
6 | | district. In the first primary election following a
|
7 | | redistricting of congressional districts, a candidate's |
8 | | petition for nomination
must contain at least 600 signatures of |
9 | | qualified primary electors of the
candidate's political party |
10 | | in his or her congressional district.
|
11 | | (c) County office. If a candidate seeks to run for any |
12 | | countywide office,
including but not limited to county board |
13 | | chairperson or county board
member, elected on an at-large |
14 | | basis, in a county other than Cook County,
then the candidate's |
15 | | petition for nomination must contain at least the number
of |
16 | | signatures equal to 0.5% of the qualified electors of his or |
17 | | her party who
cast votes at the last preceding general election |
18 | | in his or her county. If a
candidate
seeks to run for county |
19 | | board member elected from a county board district, then
the |
20 | | candidate's petition for nomination must contain at least the |
21 | | number of
signatures equal to 0.5% of the qualified primary |
22 | | electors of his or her party
in the
county board district. In |
23 | | the first primary election following a redistricting
of county |
24 | | board districts or the initial establishment of county board
|
25 | | districts, a candidate's petition for nomination must contain |
26 | | at least the
number of signatures equal to 0.5% of the |
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1 | | qualified electors of his or her
party
in the entire county who |
2 | | cast votes at the last preceding general election
divided by |
3 | | the
total number of county board districts comprising the |
4 | | county board; provided
that
in no event shall the number of |
5 | | signatures be less than 25.
|
6 | | (d) County office; Cook County only.
|
7 | | (1) If a candidate seeks to run for countywide office |
8 | | in Cook County,
then the candidate's petition for |
9 | | nomination must contain at least the number
of signatures |
10 | | equal to 0.5% of the qualified electors of his or her party |
11 | | who
cast votes at the last preceding general election in |
12 | | Cook County.
|
13 | | (2) If a candidate seeks to run for Cook County Board |
14 | | Commissioner,
then the candidate's petition for nomination |
15 | | must contain at least the number
of signatures equal to |
16 | | 0.5% of
the qualified primary electors of his or her party |
17 | | in his or her county board
district. In the first primary |
18 | | election following a redistricting of Cook
County Board of |
19 | | Commissioners districts, a candidate's petition for
|
20 | | nomination must contain at least the number of signatures |
21 | | equal to 0.5% of
the qualified electors of his or her party |
22 | | in the entire county who cast votes
at the last
preceding |
23 | | general election divided by the total number of county |
24 | | board
districts comprising the county board; provided that |
25 | | in no event shall the
number of signatures be less than 25.
|
26 | | (3) If a candidate seeks to run for Cook County Board |
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1 | | of Review
Commissioner, which is elected from a district |
2 | | pursuant to subsection (c)
of Section 5-5 of the Property |
3 | | Tax Code, then the candidate's petition for
nomination must |
4 | | contain at least the number of signatures equal to 0.5% of
|
5 | | the total number of registered voters in his or her board |
6 | | of
review district in the last general election at which a |
7 | | commissioner was
regularly scheduled to be elected from |
8 | | that board of review district. In no
event shall the number |
9 | | of signatures required be greater than the requisite
number |
10 | | for a candidate who seeks countywide office in Cook County
|
11 | | under subsection (d)(1) of this Section. In the first |
12 | | primary election
following a redistricting of Cook County |
13 | | Board of Review districts, a
candidate's petition for |
14 | | nomination must contain at least 4,000 signatures
or at |
15 | | least the number of signatures required for a countywide |
16 | | candidate in
Cook County, whichever is less,
of the |
17 | | qualified electors of his or her party in the district.
|
18 | | (e) Municipal or township office. If a candidate seeks to |
19 | | run for municipal
or township office, then the candidate's |
20 | | petition for nomination must contain
at least the number of |
21 | | signatures equal to 0.5% of the qualified primary
electors of |
22 | | his or her party in the municipality or township. If a |
23 | | candidate
seeks to run for alderman of a municipality, then the |
24 | | candidate's petition for
nomination must contain at least the |
25 | | number of signatures equal to 0.5% of the
qualified primary |
26 | | electors of his or her party of the ward. In the first
primary |
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1 | | election following redistricting of aldermanic wards or |
2 | | trustee
districts of a municipality or the initial |
3 | | establishment of wards or districts,
a candidate's petition for |
4 | | nomination must contain the number of signatures
equal to at |
5 | | least 0.5% of the total number of votes cast for the candidate |
6 | | of
that political party who received the highest number of |
7 | | votes in the entire
municipality at the last regular election |
8 | | at which an officer was regularly
scheduled to be elected from
|
9 | | the entire municipality, divided by the number of wards or |
10 | | districts. In no
event shall the number of signatures be less |
11 | | than 25.
|
12 | | (f) State central committeeperson. If a candidate seeks to |
13 | | run for State
central committeeperson, then the candidate's |
14 | | petition for nomination must
contain at least 100 signatures of |
15 | | the primary electors of his or her party of
his or
her |
16 | | congressional district.
|
17 | | (g) Sanitary district trustee. If a candidate seeks to run |
18 | | for trustee of a
sanitary district in which trustees are not |
19 | | elected from wards, then the
candidate's petition for |
20 | | nomination must contain at least the number of
signatures equal |
21 | | to 0.5% of the primary electors of his or her party from the
|
22 | | sanitary district. If a candidate seeks to run for trustee
of a |
23 | | sanitary district in which trustees are elected from wards, |
24 | | then the
candidate's petition for
nomination must contain at |
25 | | least the number of signatures equal to 0.5% of the
primary |
26 | | electors of his or her party in the ward of that sanitary |
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1 | | district. In
the
first primary election following |
2 | | redistricting of sanitary districts elected
from wards, a |
3 | | candidate's petition for nomination must contain at least the
|
4 | | signatures of 150 qualified primary electors of his or her ward |
5 | | of that
sanitary district.
|
6 | | (h) Judicial office. If a candidate seeks to run for |
7 | | judicial office in a district, then the candidate's petition |
8 | | for nomination must contain the number of signatures equal to |
9 | | 0.4% of the number of votes cast in that district for the |
10 | | candidate for his or her political party for the office of |
11 | | Governor at the last general election at which a Governor was |
12 | | elected, but in no event less than 500 signatures. If a |
13 | | candidate seeks to run for judicial office in a
circuit or |
14 | | subcircuit, then the candidate's petition for nomination
must |
15 | | contain the number of signatures equal to 0.25% of the number |
16 | | of votes
cast for the judicial candidate of his or her |
17 | | political party who received the
highest number of votes
at the |
18 | | last general election at which a judicial
officer from the same |
19 | | circuit or subcircuit was regularly scheduled
to be elected, |
20 | | but in no event less than 1,000 signatures in circuits and |
21 | | subcircuits located in the First Judicial District or 500 |
22 | | signatures in every other Judicial District.
|
23 | | (i) Precinct, ward, and township committeeperson. If a |
24 | | candidate seeks to
run for precinct committeeperson, then the |
25 | | candidate's petition for nomination
must contain at least 10 |
26 | | signatures of the primary electors of his or her
party for the |
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1 | | precinct. If a candidate seeks to run for ward committeeperson,
|
2 | | then the candidate's petition for nomination must contain no |
3 | | less than the
number of signatures equal to 10% of the primary |
4 | | electors of his or her party
of the ward, but no more than 16% |
5 | | of those same electors; provided that the
maximum number of |
6 | | signatures may be 50 more than the minimum number, whichever
is |
7 | | greater. If a candidate seeks to run for township |
8 | | committeeperson, then the
candidate's petition for nomination |
9 | | must contain no less than the number of
signatures equal to 5% |
10 | | of the primary electors of his or her party of the
township, |
11 | | but no more than 8% of those same electors;
provided that the |
12 | | maximum number of signatures may be 50 more than the
minimum |
13 | | number, whichever is greater.
|
14 | | (j) State's attorney or regional superintendent of schools |
15 | | for multiple
counties. If
a candidate seeks to run for State's |
16 | | attorney or regional Superintendent of
Schools who serves more |
17 | | than one county, then the candidate's petition for
nomination |
18 | | must contain at least the number of signatures equal to 0.5% of |
19 | | the
primary electors of his or her party in the territory |
20 | | comprising the counties.
|
21 | | (k) Any other office. If a candidate seeks any other |
22 | | office, then the
candidate's petition for nomination must |
23 | | contain at least the number of
signatures equal to 0.5% of the |
24 | | registered voters of the political subdivision,
district, or |
25 | | division for which the nomination is made or 25 signatures,
|
26 | | whichever is greater.
|
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1 | | For purposes of this Section the number of primary electors |
2 | | shall be
determined by taking the total vote cast, in the |
3 | | applicable district, for the
candidate for that political party |
4 | | who received the highest number of votes,
statewide, at the |
5 | | last general election in the State at which electors for
|
6 | | President of the United States were elected. For political |
7 | | subdivisions, the
number of primary electors shall be |
8 | | determined by taking the total vote
cast for the candidate for |
9 | | that political party who received the highest number
of votes |
10 | | in the political subdivision at the last regular election at |
11 | | which an
officer was regularly scheduled to be elected from |
12 | | that subdivision. For wards
or districts of political |
13 | | subdivisions, the number of primary electors shall be
|
14 | | determined by taking the total vote cast for the candidate for |
15 | | that political
party who received the highest number of votes |
16 | | in the ward or district at the
last regular election at which |
17 | | an officer was regularly scheduled to be elected
from that ward |
18 | | or district.
|
19 | | A "qualified primary elector" of a party may not
sign |
20 | | petitions for or be a candidate in the primary of more than
one |
21 | | party.
|
22 | | The changes made to this Section of this amendatory Act of |
23 | | the 93rd General
Assembly are declarative of existing law, |
24 | | except for item (3) of subsection
(d).
|
25 | | Petitions of candidates for nomination for offices herein |
26 | | specified,
to be filed with the same officer, may contain the |
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1 | | names of 2 or more
candidates of the same political party for |
2 | | the same or different
offices. In the case of the offices of |
3 | | Governor and Lieutenant Governor, a joint petition including |
4 | | one candidate for each of those offices must be filed.
|
5 | | (Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
|
6 | | (10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
|
7 | | Sec. 7-19. The primary ballot of each political party for |
8 | | each precinct shall be
arranged and printed substantially in |
9 | | the manner following:
|
10 | | 1. Designating words. At the top of the ballot shall be |
11 | | printed in
large capital letters, words designating the ballot, |
12 | | if a Republican
ballot, the designating words shall be: |
13 | | "REPUBLICAN PRIMARY BALLOT"; if
a Democratic ballot the |
14 | | designating words shall be: "DEMOCRATIC PRIMARY
BALLOT"; and in |
15 | | like manner for each political party.
|
16 | | 2. Order of Names, Directions to Voters, etc. Beginning not |
17 | | less
than one inch below designating words, the name of each |
18 | | office to be
filled shall be printed in capital letters. Such |
19 | | names may be printed on
the ballot either in a single column or |
20 | | in 2 or more columns and in the
following order, to-wit:
|
21 | | President of the United States, State offices, |
22 | | congressional offices,
delegates and alternate delegates to be |
23 | | elected from the State at large
to National nominating |
24 | | conventions, delegates and alternate delegates to
be elected |
25 | | from congressional districts to National nominating
|
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1 | | conventions, member or members of the State central committee, |
2 | | trustees of sanitary
districts, county offices, judicial |
3 | | officers, city, village and
incorporated town offices, town |
4 | | offices, or of such of the said offices
as candidates are to be |
5 | | nominated for at such primary, and precinct,
township or ward |
6 | | committeemen. If two or more columns are used, the
foregoing |
7 | | offices to and including member of the State central committee
|
8 | | shall be listed in the left-hand column and Senatorial offices, |
9 | | as
defined in Section 8-3, shall be the
first offices listed in |
10 | | the second column.
|
11 | | Below the name of each office shall be printed in small |
12 | | letters the
directions to voters: "Vote for one"; "Vote for not |
13 | | more than two"; "Vote for not more than three". If no candidate |
14 | | or candidates file for an office and if no person or persons |
15 | | file a declaration as a write-in candidate for that office, |
16 | | then below the title of that office the election authority |
17 | | instead shall print "No Candidate".
|
18 | | Next to the name of each candidate for delegate or |
19 | | alternate delegate
to a national nominating convention shall |
20 | | appear either (a)
the name of the
candidate's preference for |
21 | | President of the United States or the word
"uncommitted" or (b) |
22 | | no official designation, depending upon the action
taken by the |
23 | | State central committee pursuant to Section 7-10.3 of this Act.
|
24 | | Below the name of each office shall be printed in capital |
25 | | letters the
names of all candidates, arranged in the order in |
26 | | which their petitions
for nominations were filed, except as |
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1 | | otherwise provided in Sections
7-14 and 7-17 of this Article. |
2 | | Opposite and in front of the name of each
candidate shall be |
3 | | printed a square and all squares upon the primary
ballot shall |
4 | | be of uniform size. The names of each team of candidates for |
5 | | Governor and Lieutenant Governor, however, shall be printed |
6 | | within a bracket, and a single square shall be printed in front |
7 | | of the bracket. Spaces between the names of candidates
under |
8 | | each office shall be uniform and sufficient spaces shall |
9 | | separate
the names of candidates for one office from the names |
10 | | of candidates for
another office, to avoid confusion and to |
11 | | permit the writing in of the
names of other candidates.
|
12 | | Where voting machines or electronic voting systems are |
13 | | used, the
provisions of this Section may be modified as |
14 | | required or authorized by
Article 24 or Article 24A, whichever |
15 | | is applicable.
|
16 | | (Source: P.A. 95-862, eff. 8-19-08; 96-1018, eff. 1-1-11.)
|
17 | | (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
|
18 | | Sec. 7-46.
On receiving from the primary judges a primary |
19 | | ballot of his
party, the primary elector shall forthwith and |
20 | | without leaving the polling
place, retire alone to one of the |
21 | | voting booths and prepare such primary
ballot by marking a |
22 | | cross (X) in the square in front of and opposite the
name of |
23 | | each candidate of his choice for each office to be filled, and |
24 | | for
delegates and alternate delegates to national nominating |
25 | | conventions, and
for committeemen, if committeemen are being |
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1 | | elected at such primary. A cross (X) in the square in front of |
2 | | the bracket enclosing the names of a team of candidates for |
3 | | Governor and Lieutenant Governor counts as one vote for each of |
4 | | those candidates.
|
5 | | Any primary elector may, instead of voting for any |
6 | | candidate for
nomination or for committeeman or for delegate or |
7 | | alternate delegate to
national nominating conventions, whose |
8 | | name is printed on the primary
ballot, write in the name of any |
9 | | other person affiliated with such party as
a candidate for the |
10 | | nomination for any office, or for committeeman, or for
|
11 | | delegates or alternate delegates to national nominating |
12 | | conventions, and
indicate his choice of such candidate or |
13 | | committeeman or delegate or
alternate delegate, by placing to |
14 | | the left of and opposite the name thus
written a square and |
15 | | placing in the square a cross (X). A primary elector, however, |
16 | | may not by this method vote separately for Governor and |
17 | | Lieutenant Governor but must write in the names of candidates |
18 | | of his or her choice for both offices and indicate his or her |
19 | | choice of those names by placing a single square to the left of |
20 | | those names and placing in that square a cross (X).
|
21 | | Where voting machines or electronic voting systems are |
22 | | used, the
provisions of this section may be modified as |
23 | | required or authorized by
Article 24 or Article 24A, whichever |
24 | | is applicable.
|
25 | | (Source: P.A. 96-1018, eff. 1-1-11.)
|
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1 | | (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
|
2 | | Sec. 7-52.
Immediately upon closing the polls, the primary |
3 | | judges
shall proceed to canvass the votes in the manner |
4 | | following:
|
5 | | (1) They shall separate and count the ballots of each |
6 | | political
party.
|
7 | | (2) They shall then proceed to ascertain the number of |
8 | | names entered
on the applications for
ballot under each |
9 | | party
affiliation.
|
10 | | (3) If the primary ballots of any political party |
11 | | exceed
the number of applications for ballot by
voters of |
12 | | such political party, the primary ballots of such
political |
13 | | party shall be folded and replaced in the ballot box, the |
14 | | box
closed, well shaken and again opened and one of the |
15 | | primary judges, who
shall be blindfolded, shall draw out so |
16 | | many of the primary
ballots of such political party as |
17 | | shall be equal to such excess. Such
excess ballots shall be |
18 | | marked "Excess-Not Counted" and signed by a majority
of the |
19 | | judges and
shall be placed in the "After 6:00 p.m. |
20 | | Defective Ballots Envelope".
The number of excess ballots |
21 | | shall be noted in the remarks section of the Certificate
of |
22 | | Results. "Excess" ballots shall not be counted in the total |
23 | | of "defective"
ballots.
|
24 | | (4) The primary judges shall then proceed to count the
|
25 | | primary ballots of each political party separately; and as |
26 | | the primary judges
shall open and read the primary ballots, |
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1 | | 3 of the judges shall carefully
and correctly mark upon |
2 | | separate tally sheets the votes which each
candidate of the |
3 | | party whose name is written or printed on the primary
|
4 | | ballot has received, in a separate column for that purpose, |
5 | | with the
name of such candidate, the name of his political |
6 | | party and the name of
the office for which he is a |
7 | | candidate for nomination at the head of
such column. The |
8 | | same column, however, shall be used for both names of the |
9 | | same team of candidates for Governor and Lieutenant |
10 | | Governor.
|
11 | | Where voting machines or electronic voting systems are |
12 | | used, the
provisions of this Section may be modified as |
13 | | required or authorized by
Article 24 or Article 24A, whichever |
14 | | is applicable.
|
15 | | (Source: P.A. 96-1018, eff. 1-1-11; 97-333, eff. 8-12-11.)
|
16 | | (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
|
17 | | Sec. 7-53.
As soon as the ballots of a political party |
18 | | shall have
been read and the votes of the political party |
19 | | counted, as provided in
the last above section, the 3 judges in |
20 | | charge of the tally sheets shall
foot up the tally sheets so as |
21 | | to show the total number of votes cast
for each candidate of |
22 | | the political party and for each candidate for
State Central |
23 | | committeeman and precinct committeeman, township
committeeman |
24 | | or ward committeeman, and delegate and alternate delegate
to |
25 | | National nominating conventions, and certify the same to be |
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1 | | correct.
Thereupon, the primary judges shall set down in a |
2 | | certificate of results
on the tally sheet, under the name of |
3 | | the political party, the name of
each candidate voted for upon |
4 | | the primary ballot, written at full
length, the name of the |
5 | | office for which he is a candidate for
nomination or for |
6 | | committeeman, or delegate or alternate delegate to
National |
7 | | nominating conventions, the total number of votes which the
|
8 | | candidate received, and they shall also set down the total |
9 | | number of
ballots voted by the primary electors of the |
10 | | political party in the
precinct. The certificate of results |
11 | | shall be made substantially in the
following form:
|
12 | | ................ Party
|
13 | | At the primary election held in the .... precinct of the |
14 | | (1) *township of
...., or (2) *City of ...., or (3) *.... ward |
15 | | in the city of .... on (insert
date), the primary electors of |
16 | | the ....
party voted .... ballots, and the respective |
17 | | candidates whose names were
written or printed on the primary |
18 | | ballot of the .... party, received
respectively the following |
19 | | votes:
|
|
20 | | Name of |
|
No. of |
|
21 | | Candidate, |
Title of Office, |
Votes |
|
22 | | John Jones |
Governor |
100 |
|
23 | | Jane James | Lieutenant Governor | 100 |
|
24 | | Sam Smith |
Governor |
70 |
|
25 | | Samantha Smythe | Lieutenant Governor | 70 |
|
26 | | Frank Martin |
Attorney General |
150 |
|
|
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1 | | William Preston |
Rep. in Congress |
200 |
|
2 | | Frederick John |
Circuit Judge |
50 |
|
3 | | *Fill in either (1), (2) or (3).
|
4 | | And so on for each candidate.
|
5 | | We hereby certify the above and foregoing to be true and |
6 | | correct.
|
7 | | Dated (insert date).
|
8 | | ...................................
|
9 | | Name
Address
|
10 | | ...................................
|
11 | | Name
Address
|
12 | | ...................................
|
13 | | Name
Address
|
14 | | ...................................
|
15 | | Name
Address
|
16 | | ...................................
|
17 | | Name
Address
|
18 | | Judges of Primary
|
19 | | Where voting machines or electronic voting systems are |
20 | | used, the
provisions of this Section may be modified as |
21 | | required or authorized by
Article 24 and Article 24A, whichever |
22 | | is applicable.
|
23 | | (Source: P.A. 96-1018, eff. 1-1-11 .)
|
24 | | (10 ILCS 5/7-60.2 new) |
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1 | | Sec. 7-60.2. Lieutenant Governor. |
2 | | (a) Notwithstanding any other provision of law, within 60 |
3 | | days after the general primary election, each nominee for the |
4 | | Office of Governor shall appoint a person of the same party |
5 | | affiliation to serve as his or her party's nominee for |
6 | | Lieutenant Governor. The nominee for the Office of Governor |
7 | | shall file with the State Board of Elections a Certificate of |
8 | | Nomination for the Office of Lieutenant Governor, along with a |
9 | | Statement of Candidacy completed by the selected nominee for |
10 | | Lieutenant Governor as prescribed in Section 7-10, and a |
11 | | receipt indicating that the nominee has filed a statement of |
12 | | economic interests as required by the Illinois Governmental |
13 | | Ethics Act. |
14 | | (b) Notwithstanding any other provision of law, if a |
15 | | vacancy in the nomination for the Office of Lieutenant Governor |
16 | | shall occur for any reason, such vacancy shall be filled by the |
17 | | nominee for the Office of Governor in the manner set forth in |
18 | | subsection (a) of this Section, provided that such vacancy |
19 | | shall be filled 30 days before the day of the general election. |
20 | | If a vacancy occurs after that date, the name of the original |
21 | | nominee shall remain on the ballot. |
22 | | (c) The State Board of Elections shall certify to the |
23 | | county clerks the names of each of the candidates who have been |
24 | | nominated for the Office of Lieutenant Governor under |
25 | | subsection (a) of this Section and direct the election |
26 | | authority to place upon the official ballot for the general |
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1 | | election the names of those candidates in the same manner |
2 | | described in Section 16-3. |
3 | | (d) The provisions of Section 10-8 through 10-10.1 shall |
4 | | apply to and govern objections to Certificates of Nomination |
5 | | filed pursuant to this Section. If a nominee for the Office of |
6 | | Lieutenant Governor is removed due to an objection, a vacancy |
7 | | is created that shall be filled by the nominee for the Office |
8 | | of Governor in the manner set forth in subsection of (a) of |
9 | | this Section.
|
10 | | (10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
|
11 | | Sec. 8-9.
All petitions for nomination shall be filed by |
12 | | mail or in
person as follows:
|
13 | | (1) Where the nomination is made for a legislative |
14 | | office, such
petition for nomination shall be filed in the |
15 | | principal office of the
State Board of Elections not more |
16 | | than 113 and not less than 106 days
prior to the date of |
17 | | the primary.
|
18 | | (2) The State Board of Elections shall, upon receipt of |
19 | | each
petition, endorse thereon the day and hour on which it |
20 | | was filed.
Petitions filed by mail and received after |
21 | | midnight on the first day for
filing and in the first mail |
22 | | delivery or pickup of that day, shall be deemed
as filed as |
23 | | of 8:00 a.m. of that day or as of the normal opening hour |
24 | | of
such day as the case may be, and all petitions received |
25 | | thereafter shall be
deemed as filed in the order of actual |
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1 | | receipt. However, 2 or more petitions filed within the last |
2 | | hour of the filing deadline shall be deemed to have been |
3 | | filed simultaneously. Where 2 or more petitions
are |
4 | | received simultaneously, the State Board of Elections |
5 | | shall break ties
and determine the order of filing, by |
6 | | means of a lottery as provided in
Section 7-12 of this |
7 | | Code.
|
8 | | (3) Any person for whom a petition for nomination has |
9 | | been filed,
may cause his name to be withdrawn by a request |
10 | | in writing, signed by
him, duly acknowledged before an |
11 | | officer qualified to take
acknowledgments of deeds, and |
12 | | filed in the principal or permanent branch
office of the |
13 | | State Board of Elections not later than the date of
|
14 | | certification of candidates for the general primary |
15 | | ballot, and no names so
withdrawn shall be certified by the |
16 | | State Board
of Elections to the county clerk, or printed on |
17 | | the primary ballot. If
petitions for nomination have been |
18 | | filed for the same person with
respect to more than one |
19 | | political party, his name shall not be
certified nor |
20 | | printed on the primary ballot of any party. If petitions
|
21 | | for nomination have been filed for the same person for 2 or |
22 | | more offices
which are incompatible so that the same person |
23 | | could not serve in more
than one of such offices if |
24 | | elected, that person must withdraw as a
candidate for all |
25 | | but one of such offices within the 5 business days |
26 | | following
the last day for petition filing. If he fails to |
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1 | | withdraw as a candidate for
all but one of such offices |
2 | | within such time, his name shall not be
certified, nor |
3 | | printed on the primary ballot, for any office. For the
|
4 | | purpose of the foregoing provisions, an office in a |
5 | | political party is
not incompatible with any other office.
|
6 | | (4) If multiple sets of nomination papers are filed for |
7 | | a candidate to
the same office, the State Board of |
8 | | Elections shall within 2 business days
notify the candidate |
9 | | of his or her multiple petition filings and that the
|
10 | | candidate has 3 business days after receipt of the notice |
11 | | to notify the
State Board of Elections that he or she may |
12 | | cancel prior sets of petitions.
If the candidate notifies |
13 | | the State Board of Elections the last set of
petitions |
14 | | filed shall be the only petitions to be considered valid by |
15 | | the State
Board of Elections. If the candidate fails to |
16 | | notify the State Board then
only the first set of petitions |
17 | | filed shall be valid and all subsequent
petitions shall be |
18 | | void.
|
19 | | (Source: P.A. 96-1008, eff. 7-6-10.)
|
20 | | (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
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21 | | Sec. 9-1.8. Political committees. |
22 | | (a) "Political committee" includes a candidate political |
23 | | committee, a political party committee, a political action |
24 | | committee, a ballot initiative committee, and an independent |
25 | | expenditure committee. |
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1 | | (b) "Candidate political committee" means the candidate |
2 | | himself or herself or any natural person, trust, partnership, |
3 | | corporation, or other organization or group of persons |
4 | | designated by the candidate that accepts contributions or makes |
5 | | expenditures during any 12-month period in an aggregate amount |
6 | | exceeding $5,000 $3,000 on behalf of the candidate. |
7 | | (c) "Political party committee" means the State central |
8 | | committee of a political party, a county central committee of a |
9 | | political party, a legislative caucus committee, or a committee |
10 | | formed by a ward or township committeeman of a political party. |
11 | | For purposes of this Article, a "legislative caucus committee" |
12 | | means a committee established for the purpose of electing |
13 | | candidates to the General Assembly by the person elected |
14 | | President of the Senate, Minority Leader of the Senate, Speaker |
15 | | of the House of Representatives, Minority Leader of the House |
16 | | of Representatives, or a committee established by 5 or more |
17 | | members of the same caucus of the Senate or 10 or more members |
18 | | of the same caucus of the House of Representatives. |
19 | | (d) "Political action committee" means any natural person, |
20 | | trust, partnership, committee, association, corporation, or |
21 | | other organization or group of persons, other than a candidate, |
22 | | political party, candidate political committee, or political |
23 | | party committee, that accepts contributions or makes |
24 | | expenditures during any 12-month period in an aggregate amount |
25 | | exceeding $5,000 $3,000 on behalf of or in opposition to a |
26 | | candidate or candidates for public office. "Political action |
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1 | | committee" includes any natural person, trust, partnership, |
2 | | committee, association, corporation, or other organization or |
3 | | group of persons, other than a candidate, political party, |
4 | | candidate political committee, or political party committee, |
5 | | that makes electioneering communications during any 12-month |
6 | | period in an aggregate amount exceeding $5,000 $3,000 related |
7 | | to any candidate or candidates for public office. |
8 | | (e) "Ballot initiative committee" means any natural |
9 | | person, trust, partnership, committee, association, |
10 | | corporation, or other organization or group of persons that |
11 | | accepts contributions or makes expenditures during any |
12 | | 12-month period in an aggregate amount exceeding $5,000 $3,000 |
13 | | in support of or in opposition to any question of public policy |
14 | | to be submitted to the electors. "Ballot initiative committee" |
15 | | includes any natural person, trust, partnership, committee, |
16 | | association, corporation, or other organization or group of |
17 | | persons that makes electioneering communications during any |
18 | | 12-month period in an aggregate amount exceeding $5,000 $3,000 |
19 | | related to any question of public policy to be submitted to the |
20 | | voters. The $5,000 $3,000 threshold applies to any |
21 | | contributions or expenditures received or made with the purpose |
22 | | of securing a place on the ballot for, advocating the defeat or |
23 | | passage of, or engaging in electioneering communication |
24 | | regarding the question of public policy, regardless of the |
25 | | method of initiation of the question of public policy and |
26 | | regardless of whether petitions have been circulated or filed |
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1 | | with the appropriate office or whether the question has been |
2 | | adopted and certified by the governing body. |
3 | | (f) "Independent expenditure committee" means any trust, |
4 | | partnership, committee, association, corporation, or other |
5 | | organization or group of persons formed for the exclusive
|
6 | | purpose of making independent expenditures during any 12-month |
7 | | period in an aggregate amount exceeding $5,000 $3,000 in |
8 | | support of or in opposition to (i) the nomination for election, |
9 | | election, retention, or defeat of any public official or |
10 | | candidate or (ii) any question of public policy to be submitted |
11 | | to the electors. "Independent expenditure committee" also |
12 | | includes any trust, partnership, committee, association, |
13 | | corporation, or other organization or group of persons that |
14 | | makes electioneering communications that are not made in |
15 | | connection, consultation, or concert with or at the request or |
16 | | suggestion of a public official or candidate, a public |
17 | | official's or candidate's designated political committee or |
18 | | campaign, or an agent or agents of the public official, |
19 | | candidate, or political committee or campaign during any |
20 | | 12-month period in an aggregate amount exceeding $5,000 $3,000 |
21 | | related to (i) the nomination for election, election, |
22 | | retention, or defeat of any public official or candidate or |
23 | | (ii) any question of public policy to be submitted to the |
24 | | voters.
|
25 | | (Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
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1 | | (10 ILCS 5/9-8.5) |
2 | | Sec. 9-8.5. Limitations on campaign contributions. |
3 | | (a) It is unlawful for a political committee to accept |
4 | | contributions except as provided in this Section. |
5 | | (b) During an election cycle, a candidate political |
6 | | committee may not accept contributions with an aggregate value |
7 | | over the following: (i) $5,000 from any individual, (ii) |
8 | | $10,000 from any corporation, labor organization, or |
9 | | association, or (iii) $50,000 from a candidate political |
10 | | committee or political action committee. A candidate political |
11 | | committee may accept contributions in any amount from a |
12 | | political party committee except during an election cycle in |
13 | | which the candidate seeks nomination at a primary election. |
14 | | During an election cycle in which the candidate seeks |
15 | | nomination at a primary election, a candidate political |
16 | | committee may not accept contributions from political party |
17 | | committees with an aggregate value over the following: (i) |
18 | | $200,000 for a candidate political committee established to |
19 | | support a candidate seeking nomination to statewide office, |
20 | | (ii) $125,000 for a candidate political committee established |
21 | | to support a candidate seeking nomination to the Senate, the |
22 | | Supreme Court or Appellate Court in the First Judicial |
23 | | District, or an office elected by all voters in a county with |
24 | | 1,000,000 or more residents, (iii) $75,000 for a candidate |
25 | | political committee established to support a candidate seeking |
26 | | nomination to the House of Representatives, the Supreme Court |
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1 | | or Appellate Court for a Judicial District other than the First |
2 | | Judicial District, an office elected by all voters of a county |
3 | | of fewer than 1,000,000 residents, and municipal and county |
4 | | offices in Cook County other than those elected by all voters |
5 | | of Cook County, and (iv) $50,000 for a candidate political |
6 | | committee established to support the nomination of a candidate |
7 | | to any other office.
A candidate political committee |
8 | | established to elect a candidate to the General Assembly may |
9 | | accept contributions from only one legislative caucus |
10 | | committee. A candidate political committee may not accept |
11 | | contributions from a ballot initiative committee or from an
|
12 | | independent expenditure committee. |
13 | | (c) During an election cycle, a political party committee |
14 | | may not accept contributions with an aggregate value over the |
15 | | following: (i) $10,000 from any individual, (ii) $20,000 from |
16 | | any corporation, labor organization, or association, or (iii) |
17 | | $50,000 from a political action committee. A political party |
18 | | committee may accept contributions in any amount from another |
19 | | political party committee or a candidate political committee, |
20 | | except as provided in subsection (c-5). Nothing in this Section |
21 | | shall limit the amounts that may be transferred between a |
22 | | political party committee established under subsection (a) of |
23 | | Section 7-8 of this Code and an affiliated federal political |
24 | | committee established under the Federal Election Code by the |
25 | | same political party. A political party committee may not |
26 | | accept contributions from a ballot initiative committee or from |
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1 | | an
independent expenditure committee. A political party |
2 | | committee established by a legislative caucus may not accept |
3 | | contributions from another political party committee |
4 | | established by a legislative caucus. |
5 | | (c-5) During the period beginning on the date candidates |
6 | | may begin circulating petitions for a primary election and |
7 | | ending on the day of the primary election, a political party |
8 | | committee may not accept contributions with an aggregate value |
9 | | over $50,000 from a candidate political committee or political |
10 | | party committee. A political party committee may accept |
11 | | contributions in any amount from a candidate political |
12 | | committee or political party committee if the political party |
13 | | committee receiving the contribution filed a statement of |
14 | | nonparticipation in the primary as provided in subsection |
15 | | (c-10). The Task Force on Campaign Finance Reform shall study |
16 | | and make recommendations on the provisions of this subsection |
17 | | to the Governor and General Assembly by September 30, 2012. |
18 | | This subsection becomes inoperative on July 1, 2013 and |
19 | | thereafter no longer applies. |
20 | | (c-10) A political party committee that does not intend to |
21 | | make contributions to candidates to be nominated at a general |
22 | | primary election or consolidated primary election may file a |
23 | | Statement of Nonparticipation in a Primary Election with the |
24 | | Board. The Statement of Nonparticipation shall include a |
25 | | verification signed by the chairperson and treasurer of the |
26 | | committee that (i) the committee will not make contributions or |
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1 | | coordinated expenditures in support of or opposition to a |
2 | | candidate or candidates to be nominated at the general primary |
3 | | election or consolidated primary election (select one) to be |
4 | | held on (insert date), (ii) the political party committee may |
5 | | accept unlimited contributions from candidate political |
6 | | committees and political party committees, provided that the |
7 | | political party committee does not make contributions to a |
8 | | candidate or candidates to be nominated at the primary |
9 | | election, and (iii) failure to abide by these requirements |
10 | | shall deem the political party committee in violation of this |
11 | | Article and subject the committee to a fine of no more than |
12 | | 150% of the total contributions or coordinated expenditures |
13 | | made by the committee in violation of this Article. This |
14 | | subsection becomes inoperative on July 1, 2013 and thereafter |
15 | | no longer applies. |
16 | | (d) During an election cycle, a political action committee |
17 | | may not accept contributions with an aggregate value over the |
18 | | following: (i) $10,000 from any individual, (ii) $20,000 from |
19 | | any corporation, labor organization, political party |
20 | | committee, or association, or (iii) $50,000 from a political |
21 | | action committee or candidate political committee. A political |
22 | | action committee may not accept contributions from a ballot |
23 | | initiative committee or from an
independent expenditure |
24 | | committee. |
25 | | (e) A ballot initiative committee may accept contributions |
26 | | in any amount from any source, provided that the committee |
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1 | | files the document required by Section 9-3 of this Article and |
2 | | files the disclosure reports required by the provisions of this |
3 | | Article. |
4 | | (e-5) An independent expenditure committee may accept |
5 | | contributions in any amount from any source, provided that the |
6 | | committee files the document required by Section 9-3 of this |
7 | | Article and files the disclosure reports required by the |
8 | | provisions of this Article. |
9 | | (f) Nothing in this Section shall prohibit a political |
10 | | committee from dividing the proceeds of joint fundraising |
11 | | efforts; provided that no political committee may receive more |
12 | | than the limit from any one contributor, and provided that an |
13 | | independent
expenditure committee may not conduct joint |
14 | | fundraising efforts with a
candidate political committee or a |
15 | | political party committee. |
16 | | (g) On January 1 of each odd-numbered year, the State Board |
17 | | of Elections shall adjust the amounts of the contribution |
18 | | limitations established in this Section for inflation as |
19 | | determined by the Consumer Price Index for All Urban Consumers |
20 | | as issued by the United States Department of Labor and rounded |
21 | | to the nearest $100. The State Board shall publish this |
22 | | information on its official website. |
23 | | (h) Self-funding candidates. If a public official, a |
24 | | candidate, or the public official's or candidate's immediate |
25 | | family contributes or loans to the public official's or |
26 | | candidate's political committee or to other political |
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1 | | committees that transfer funds to the public official's or |
2 | | candidate's political committee or makes independent |
3 | | expenditures for the benefit of the public official's or |
4 | | candidate's campaign during the 12 months prior to an election |
5 | | in an aggregate amount of more than (i) $250,000 for statewide |
6 | | office or (ii) $100,000 for all other elective offices, then |
7 | | the public official or candidate shall file with the State |
8 | | Board of Elections, within one day, a Notification of |
9 | | Self-funding that shall detail each contribution or loan made |
10 | | by the public official, the candidate, or the public official's |
11 | | or candidate's immediate family. Within 2 business days after |
12 | | the filing of a Notification of Self-funding, the notification |
13 | | shall be posted on the Board's website and the Board shall give |
14 | | official notice of the filing to each candidate for the same |
15 | | office as the public official or candidate making the filing, |
16 | | including the public official or candidate filing the |
17 | | Notification of Self-funding. Notice shall be sent via first |
18 | | class mail to the candidate and the treasurer of the |
19 | | candidate's committee. Notice shall also be sent by e-mail to |
20 | | the candidate and the treasurer of the candidate's committee if |
21 | | the candidate and the treasurer, as applicable, have provided |
22 | | the Board with an e-mail address. Upon posting of the receiving |
23 | | notice on from the Board's website Board , all candidates for |
24 | | that office, including the public official or candidate who |
25 | | filed a Notification of Self-funding, shall be permitted to |
26 | | accept contributions in excess of any contribution limits |
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1 | | imposed by subsection (b). If a public official or candidate |
2 | | filed a Notification of Self-funding during an election cycle |
3 | | that includes a general primary election or consolidated |
4 | | primary election and that public official or candidate is |
5 | | nominated, all candidates for that office, including the |
6 | | nominee who filed the notification of self-funding, shall be |
7 | | permitted to accept contributions in excess of any contribution |
8 | | limit imposed by subsection (b) for the subsequent election |
9 | | cycle. For the purposes of this subsection, "immediate family" |
10 | | means the spouse, parent, or child of a public official or |
11 | | candidate. |
12 | | (h-5) If a natural person or independent expenditure |
13 | | committee makes independent expenditures in support of or in |
14 | | opposition to the campaign of a particular public official or |
15 | | candidate in an aggregate amount of more than (i) $250,000 for |
16 | | statewide office or (ii) $100,000 for all other elective |
17 | | offices in an election cycle, as reported in a written |
18 | | disclosure filed under subsection (a) of Section 9-8.6 or |
19 | | subsection (e-5) of Section 9-10, then the State Board of |
20 | | Elections shall, within 2 business days after the filing of the |
21 | | disclosure, post the disclosure on the Board's website and give |
22 | | official notice of the disclosure to each candidate for the |
23 | | same office as the public official or candidate for whose |
24 | | benefit or detriment the natural person or independent |
25 | | expenditure committee made independent expenditures. Upon |
26 | | posting of the receiving notice on from the Board's website |
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1 | | Board , all candidates for that office in that election, |
2 | | including the public official or candidate for whose benefit or |
3 | | detriment the natural person or independent expenditure |
4 | | committee made independent expenditures, shall be permitted to |
5 | | accept contributions in excess of any contribution limits |
6 | | imposed by subsection (b). |
7 | | (h-10) If the State Board of Elections receives |
8 | | notification or determines that a natural person or persons, an |
9 | | independent expenditure committee or committees, or |
10 | | combination thereof has made independent expenditures in |
11 | | support of or in opposition to the campaign of a particular |
12 | | public official or candidate in an aggregate amount of more |
13 | | than (i) $250,000 for statewide office or (ii) $100,000 for all |
14 | | other elective offices in an election cycle, then the Board |
15 | | shall, within 2 business days after discovering the independent |
16 | | expenditures that, in the aggregate, exceed the threshold set |
17 | | forth in (i) and (ii) of this subsection, post notice of this |
18 | | fact on the Board's website and give official notice to each |
19 | | candidate for the same office as the public official or |
20 | | candidate for whose benefit or detriment the independent |
21 | | expenditures were made. Notice shall be sent via first class |
22 | | mail to the candidate and the treasurer of the candidate's |
23 | | committee. Notice shall also be sent by e-mail to the candidate |
24 | | and the treasurer of the candidate's committee if the candidate |
25 | | and the treasurer, as applicable, have provided the Board with |
26 | | an e-mail address. Upon posting of the notice on the Board's |
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1 | | website, all candidates of that office in that election, |
2 | | including the public official or candidate for whose benefit or |
3 | | detriment the independent expenditures were made, may accept |
4 | | contributions in excess of any contribution limits imposed by |
5 | | subsection (b). The Campaign Finance Task Force shall submit a |
6 | | report to the Governor and General Assembly no later than |
7 | | February 1, 2013. The report shall examine and make |
8 | | recommendations regarding the provisions in this subsection |
9 | | including, but not limited to, case law concerning independent |
10 | | expenditures, the manner in which independent expenditures are |
11 | | handled in the other states and at the federal level, |
12 | | independent expenditures made in Illinois during the 2012 |
13 | | general primary and, separately, the 2012 general election, and |
14 | | independent expenditures made at the federal level during the |
15 | | 2012 general election. The Task Force shall conduct at least 2 |
16 | | public hearings regarding independent expenditures. |
17 | | (i) For the purposes of this Section, a corporation, labor |
18 | | organization, association, or a political action committee |
19 | | established by a corporation, labor organization, or |
20 | | association may act as a conduit in facilitating the delivery |
21 | | to a political action committee of contributions made through |
22 | | dues, levies, or similar assessments and the political action |
23 | | committee may report the contributions in the aggregate, |
24 | | provided that: (i) contributions made through dues, levies, or |
25 | | similar assessments paid by any natural person, corporation, |
26 | | labor organization, or association in a calendar year may not |
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1 | | exceed the limits set forth in this Section; (ii) the |
2 | | corporation, labor organization, association, or a political |
3 | | action committee established by a corporation, labor |
4 | | organization, or association facilitating the delivery of |
5 | | contributions maintains a list of natural persons, |
6 | | corporations, labor organizations, and associations that paid |
7 | | the dues, levies, or similar assessments from which the |
8 | | contributions comprising the aggregate amount derive; and |
9 | | (iii) contributions made through dues, levies, or similar |
10 | | assessments paid by any natural person, corporation, labor |
11 | | organization, or association that exceed $500 in a quarterly |
12 | | reporting period shall be itemized on the committee's quarterly |
13 | | report and may not be reported in the aggregate. A political |
14 | | action committee facilitating the delivery of contributions or |
15 | | receiving contributions shall disclose the amount of |
16 | | contributions made through dues delivered or received and the |
17 | | name of the corporation, labor organization, association, or |
18 | | political action committee delivering the contributions, if |
19 | | applicable. On January 1 of each odd-numbered year, the State |
20 | | Board of Elections shall adjust the amounts of the contribution |
21 | | limitations established in this subsection for inflation as |
22 | | determined by the Consumer Price Index for All Urban Consumers |
23 | | as issued by the United States Department of Labor and rounded |
24 | | to the nearest $100. The State Board shall publish this |
25 | | information on its official website. |
26 | | (j) A political committee that receives a contribution or |
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1 | | transfer in violation of this Section shall dispose of the |
2 | | contribution or transfer by returning the contribution or |
3 | | transfer, or an amount equal to the contribution or transfer, |
4 | | to the contributor or transferor or donating the contribution |
5 | | or transfer, or an amount equal to the contribution or |
6 | | transfer, to a charity. A contribution or transfer received in |
7 | | violation of this Section that is not disposed of as provided |
8 | | in this subsection within 30 days after the Board sends |
9 | | notification to the political committee of the excess |
10 | | contribution by certified mail shall escheat to the General |
11 | | Revenue Fund and the political committee shall be deemed in |
12 | | violation of this Section and subject to a civil penalty not to |
13 | | exceed 150% of the total amount of the contribution. |
14 | | (k) For the purposes of this Section, "statewide office" |
15 | | means the Governor, Lieutenant Governor, Attorney General, |
16 | | Secretary of State, Comptroller, and Treasurer. |
17 | | (l) This Section is repealed if and when the United States |
18 | | Supreme Court invalidates contribution limits on committees |
19 | | formed to assist candidates, political parties, corporations, |
20 | | associations, or labor organizations established by or |
21 | | pursuant to federal law.
|
22 | | (Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.) |
23 | | (10 ILCS 5/9-9.5)
|
24 | | Sec. 9-9.5. Disclosures in political communications. |
25 | | (a)
Any political committee, organized under the Election |
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1 | | Code, that
makes an expenditure for a pamphlet, circular, |
2 | | handbill, Internet or telephone communication, radio, |
3 | | television,
or print advertisement,
or other communication |
4 | | directed at voters and
mentioning the name of a candidate in |
5 | | the next upcoming election shall ensure
that the name of the |
6 | | political committee paying for any part of the
communication, |
7 | | including, but not limited to, its preparation and |
8 | | distribution,
is
identified clearly within the communication |
9 | | as the payor. This subsection does
not apply to items that are |
10 | | too small to contain the required disclosure.
This subsection |
11 | | does not apply to an expenditure for the preparation or |
12 | | distribution of any printed communication directed at |
13 | | constituents of a member of the General Assembly if the |
14 | | expenditure is made by a political committee in accordance with |
15 | | subsection (c) of Section 9-8.10. Nothing in this subsection |
16 | | shall require disclosure on any telephone communication using |
17 | | random sampling or other scientific survey methods to gauge |
18 | | public opinion for or against any candidate or question of |
19 | | public policy.
|
20 | | Whenever any vendor or other person provides any of the |
21 | | services listed in this subsection, other than any telephone |
22 | | communication using random sampling or other scientific survey |
23 | | methods to gauge public opinion for or against any candidate or |
24 | | question of public policy, the vendor or person shall keep and |
25 | | maintain records showing the name and address of the person who |
26 | | purchased or requested the services and the amount paid for the |
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1 | | services. The records required by this subsection shall be kept |
2 | | for a period of one year after the date upon which payment was |
3 | | received for the services.
|
4 | | (b) Any political committee, organized under this Code,
|
5 | | that makes an expenditure for a pamphlet, circular, handbill,
|
6 | | Internet or telephone communication, radio, television, or
|
7 | | print advertisement, or other communication directed at voters
|
8 | | and (i) mentioning the name of a candidate in the next upcoming
|
9 | | election, without that candidate's permission, or
(ii)
|
10 | | advocating for or against a public policy position shall ensure
|
11 | | that the name of the political committee paying for any part of
|
12 | | the communication, including, but not limited to, its
|
13 | | preparation and distribution, is identified clearly within the
|
14 | | communication. Nothing in this subsection shall require |
15 | | disclosure on
any telephone communication using random |
16 | | sampling or other
scientific survey methods to gauge public |
17 | | opinion for or
against any candidate or question of public |
18 | | policy. |
19 | | (c) A political committee organized under this Code shall
|
20 | | not make an expenditure for any unsolicited telephone call to
|
21 | | the line of a residential telephone customer in this State
|
22 | | using any method to block or otherwise circumvent that
|
23 | | customer's use of a caller identification service.
|
24 | | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; |
25 | | 95-699, eff. 11-9-07.)
|
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1 | | (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
|
2 | | Sec. 10-6.2.
The State Board of Elections, the election |
3 | | authority or
the local election official with whom petitions |
4 | | for nomination are filed
pursuant to this Article 10 shall |
5 | | specify the place where filings shall
be made and upon receipt |
6 | | shall endorse thereon the day and the hour at
which each |
7 | | petition was filed. Except as provided by Article 9 of The
|
8 | | School Code, all petitions filed by persons waiting
in line as |
9 | | of 8:00 a.m. on the first day for filing, or as of the normal
|
10 | | opening hour of the office involved on such day, shall be |
11 | | deemed filed
as of 8:00 a.m. or the normal opening hour, as the |
12 | | case may be.
Petitions filed by mail and received after |
13 | | midnight of the first day for
filing and in the first mail |
14 | | delivery or pickup of that day shall be
deemed filed as of 8:00 |
15 | | a.m. of that day or as of the normal opening
hour of such day, |
16 | | as the case may be. All petitions received thereafter
shall be |
17 | | deemed filed in the order of actual receipt. However, 2 or more |
18 | | petitions filed within the last hour of the filing deadline |
19 | | shall be deemed filed simultaneously. Where 2 or more
petitions |
20 | | are received simultaneously, the State Board of Elections, the
|
21 | | election authority or the local election official with whom |
22 | | such
petitions are filed shall break ties and determine the |
23 | | order of filing
by means of a lottery or other fair and |
24 | | impartial method of random
selection approved by the State |
25 | | Board of Elections. Such lottery shall
be conducted within 9 |
26 | | days following the last day for petition filing and shall
be |
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1 | | open to the public. Seven days written notice of the time and |
2 | | place of
conducting such random selection shall be given, by |
3 | | the State Board of
Elections, the election authority, or local |
4 | | election official, to the Chairman
of each political party, and |
5 | | to each organization of citizens within the
election |
6 | | jurisdiction which was entitled, under this Code, at the next
|
7 | | preceding election, to have pollwatchers present on the day of |
8 | | election. The
State Board of Elections, the election authority |
9 | | or local election official
shall post in a conspicuous, open |
10 | | and public place, at the entrance of the
office, notice of the |
11 | | time and place of such lottery. The State Board of
Elections |
12 | | shall adopt rules and regulations governing the procedures for
|
13 | | the conduct of such lottery. All candidates shall be
certified |
14 | | in the order in which their petitions have been filed and in |
15 | | the
manner prescribed by Section 10-14 and 10-15 of this |
16 | | Article. Where
candidates have filed simultaneously, they |
17 | | shall be certified in the order
determined by lot and prior to |
18 | | candidates who filed for the same office or
offices at a later |
19 | | time. Certificates of nomination filed within the
period |
20 | | prescribed in Section 10-6(2) for candidates nominated by |
21 | | caucus for
township or municipal offices shall be subject to |
22 | | the ballot placement
lottery for established political parties |
23 | | prescribed in Section 7-60 of
this Code.
|
24 | | If multiple sets of nomination papers are filed for a |
25 | | candidate to
the same office, the State Board of Elections, |
26 | | appropriate election
authority or local election official |
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1 | | where the petitions are filed shall
within 2 business days |
2 | | notify the candidate of his or her multiple petition
filings |
3 | | and that the candidate has 3 business days after receipt of the |
4 | | notice
to notify the State Board of Elections, appropriate |
5 | | election authority or local
election official that he or she |
6 | | may cancel prior sets of petitions. If the
candidate notifies |
7 | | the State Board of Elections, appropriate election authority
or |
8 | | local election official, the last set of petitions filed shall |
9 | | be the only
petitions to be considered valid by the State Board |
10 | | of Elections, election
authority or local election official. If |
11 | | the candidate fails to notify the
State Board of Elections, |
12 | | appropriate election authority or local election
official then |
13 | | only the first set of petitions filed shall be valid and all
|
14 | | subsequent petitions shall be void.
|
15 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
16 | | (10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
|
17 | | Sec. 10-7.
Any person whose name has been presented as a |
18 | | candidate
may cause his name to be withdrawn from any such |
19 | | nomination by his
request in writing, signed by him and duly |
20 | | acknowledged before an
officer qualified to take |
21 | | acknowledgment of deeds, and presented to the
principal office |
22 | | or permanent branch office of the Board, the election
|
23 | | authority, or the local election official, as the case may be, |
24 | | not later
than the date for certification of candidates for the |
25 | | ballot. No name so
withdrawn shall be printed upon the ballots |
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1 | | under the party appellation or
title from which the candidate |
2 | | has withdrawn his name. If such a request for withdrawal is |
3 | | received after the date for certification of the candidates for |
4 | | the ballot, then the votes cast for the withdrawn candidate are |
5 | | invalid and shall not be reported by the election authority. If |
6 | | the name of the
same person has been presented as a candidate |
7 | | for 2 or more offices which
are incompatible so that the same |
8 | | person could not serve in more than one
of such offices if |
9 | | elected, that person must withdraw as a candidate for
all but |
10 | | one of such offices within the 5 business days following the |
11 | | last
day for petition filing. If he fails to withdraw as a |
12 | | candidate for all
but one of such offices within such time, his |
13 | | name shall not be certified,
nor printed on the ballot, for any |
14 | | office. However, nothing in this section
shall be construed as |
15 | | precluding a judge who is seeking retention in office
from also |
16 | | being a candidate for another judicial office. Except as
|
17 | | otherwise herein provided, in case the certificate of |
18 | | nomination or
petition as provided for in this Article shall |
19 | | contain or exhibit the name
of any candidate for any office |
20 | | upon more than one of said certificates or
petitions (for the |
21 | | same office), then and in that case the Board or
election |
22 | | authority or local election official, as the case may be, shall
|
23 | | immediately notify said candidate of said fact and that his |
24 | | name appears
unlawfully upon more than one of said certificates |
25 | | or petitions and that
within 3 days from the receipt of said |
26 | | notification, said candidate must
elect as to which of said |
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1 | | political party appellations or groups he desires
his name to |
2 | | appear and remain under upon said ballot, and if said candidate
|
3 | | refuses, fails or neglects to make such election, then and in |
4 | | that case the
Board or election authority or local election |
5 | | official, as the case may be,
shall permit the name of said |
6 | | candidate to appear or be printed or placed
upon said ballot |
7 | | only under the political party appellation or group
appearing |
8 | | on the certificate of nomination or petition, as the case may |
9 | | be,
first filed, and shall strike or cause to be stricken the |
10 | | name of said
candidate from all certificates of nomination and |
11 | | petitions
filed after the first such certificate of nomination |
12 | | or petition.
|
13 | | Whenever the name of a candidate for an office is withdrawn |
14 | | from a new
political party petition, it shall constitute a |
15 | | vacancy in nomination for
that office which may be filled in |
16 | | accordance with Section 10-11 of this
Article; provided, that |
17 | | if the names of all candidates for all offices on
a new |
18 | | political party petition are withdrawn or such petition is |
19 | | declared
invalid by an electoral board or upon judicial review, |
20 | | no vacancies in
nomination for those offices shall exist and |
21 | | the filing of any notice or
resolution purporting to fill |
22 | | vacancies in nomination shall have no legal effect.
|
23 | | Whenever the name of an independent candidate for an office |
24 | | is withdrawn
or an independent candidate's petition is declared |
25 | | invalid by an electoral
board or upon judicial review, no |
26 | | vacancy in nomination for that office
shall exist and the |
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1 | | filing of any notice or resolution purporting to fill
a vacancy |
2 | | in nomination shall have no legal effect.
|
3 | | All certificates of nomination and nomination papers when |
4 | | presented or
filed shall be open, under proper regulation, to |
5 | | public inspection, and the
State Board of Elections and the |
6 | | several election authorities and local
election officials |
7 | | having charge of nomination papers shall preserve the
same in |
8 | | their respective offices not less than 6 months.
|
9 | | (Source: P.A. 86-875.)
|
10 | | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
|
11 | | Sec. 10-9. The following electoral boards are designated |
12 | | for the
purpose of hearing and passing upon the objector's |
13 | | petition described in
Section 10-8.
|
14 | | 1. The State Board of Elections will hear and pass upon |
15 | | objections
to the nominations of candidates for State |
16 | | offices,
nominations of candidates for congressional, |
17 | | legislative and judicial
offices of districts, |
18 | | subcircuits, or circuits situated in more than one county, |
19 | | nominations
of candidates for the offices of State's |
20 | | attorney or regional superintendent
of schools to be |
21 | | elected from more than one county, and petitions for
|
22 | | proposed amendments to the Constitution of the State of |
23 | | Illinois as
provided for in Section 3 of Article XIV of the |
24 | | Constitution.
|
25 | | 2. The county officers electoral board to hear and pass |
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1 | | upon
objections to the nominations of candidates for county |
2 | | offices,
for congressional, legislative and judicial |
3 | | offices of a district, subcircuit, or
circuit coterminous |
4 | | with or less than a county, for any school district offices |
5 | | trustees to be
voted for by the electors of the county or |
6 | | by the electors of a township of
the county , for the office |
7 | | of multi-township assessor where candidates for
such |
8 | | office are nominated in accordance with this Code, and for |
9 | | all special
district offices, shall be composed of the |
10 | | county clerk, or an assistant
designated by the county |
11 | | clerk, the State's attorney of the county or
an Assistant |
12 | | State's Attorney designated by the State's Attorney, and |
13 | | the
clerk of the circuit court, or an assistant designated |
14 | | by the clerk of
the circuit court, of the county, of whom |
15 | | the county clerk or his designee
shall be the chairman, |
16 | | except that in any county which has established a
county |
17 | | board of election commissioners that board
shall |
18 | | constitute the county officers electoral board ex-officio. |
19 | | If a school district is located in 2 or more counties, the |
20 | | county officers electoral board of the county in which the |
21 | | principal office of the school district is located shall |
22 | | hear and pass upon objections to nominations of candidates |
23 | | for school district office in that school district.
|
24 | | 3. The municipal officers electoral board to hear and |
25 | | pass upon
objections to the nominations of candidates for |
26 | | officers of
municipalities shall be composed of the mayor |
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1 | | or president of the board
of trustees of the city, village |
2 | | or incorporated town, and the city,
village or incorporated |
3 | | town clerk, and one member of the city council
or board of |
4 | | trustees, that member being designated who is eligible to
|
5 | | serve on the electoral board and has served the
greatest |
6 | | number of years as a member of the city council or board of
|
7 | | trustees, of whom the mayor or president of the board of |
8 | | trustees shall
be the chairman.
|
9 | | 4. The township officers electoral board to pass upon |
10 | | objections to
the nominations of township officers shall be |
11 | | composed of the township
supervisor, the town clerk, and |
12 | | that eligible town trustee elected in the
township who has |
13 | | had the longest term of continuous service as town
trustee, |
14 | | of whom the township supervisor shall be the chairman.
|
15 | | 5. The education officers electoral board to hear and |
16 | | pass upon
objections to the nominations of candidates for |
17 | | offices in school or
community college districts shall be |
18 | | composed of the presiding officer of
the school or |
19 | | community college district board, who shall be the |
20 | | chairman,
the secretary of the school or community college |
21 | | district board and the
eligible elected school or community |
22 | | college board member who has the
longest term of continuous |
23 | | service as a board member.
|
24 | | 6. In all cases, however, where the Congressional, |
25 | | Legislative, or Representative
district is wholly or |
26 | | partially within the jurisdiction of a single municipal |
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1 | | board of election
commissioners in Cook County and in all |
2 | | cases where the school district or special
district is |
3 | | wholly within the jurisdiction of a municipal board of
|
4 | | election commissioners and in all cases where the |
5 | | municipality or
township is wholly or partially within the |
6 | | jurisdiction of a municipal
board of election |
7 | | commissioners, the board of election commissioners
shall |
8 | | ex-officio constitute the electoral board.
|
9 | | For special districts situated in more than one county, the |
10 | | county officers
electoral board of the county in which the |
11 | | principal office of the district
is located has jurisdiction to |
12 | | hear and pass upon objections. For purposes
of this Section, |
13 | | "special districts" means all political subdivisions other
|
14 | | than counties, municipalities, townships and school and |
15 | | community college
districts.
|
16 | | In the event that any member of the appropriate board is a |
17 | | candidate
for the office with relation to which the objector's |
18 | | petition is filed,
he shall not be eligible to serve on that |
19 | | board and shall not act as
a member of the board and his place |
20 | | shall be filled as follows:
|
21 | | a. In the county officers electoral board by the county
|
22 | | treasurer, and if he or she is ineligible to serve, by the |
23 | | sheriff of the
county.
|
24 | | b. In the municipal officers electoral board by the |
25 | | eligible
elected city council or board of trustees member |
26 | | who has served the second
greatest number of years as a |
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1 | | city council or board of trustees member.
|
2 | | c. In the township officers electoral board by the |
3 | | eligible
elected town trustee who has had the second |
4 | | longest term of continuous service
as a town trustee.
|
5 | | d. In the education officers electoral board by the |
6 | | eligible
elected school or community college district |
7 | | board member who has had the
second longest term of |
8 | | continuous service as a board member.
|
9 | | In the event that the chairman of the electoral board is |
10 | | ineligible
to act because of the fact that he or she is a |
11 | | candidate for the office with
relation to which the objector's |
12 | | petition is filed, then the substitute
chosen under the |
13 | | provisions of this Section shall be the chairman; In
this case, |
14 | | the officer or board with whom the objector's petition is
|
15 | | filed, shall transmit the certificate of nomination or |
16 | | nomination papers
as the case may be, and the objector's |
17 | | petition to the substitute
chairman of the electoral board.
|
18 | | When 2 or more eligible individuals, by reason of their |
19 | | terms of service
on a city council or board of trustees, |
20 | | township board of
trustees, or school or community college |
21 | | district board, qualify to serve
on an electoral board, the one |
22 | | to serve shall be chosen by lot.
|
23 | | Any vacancies on an electoral board not otherwise filled |
24 | | pursuant to this
Section shall be filled by public members |
25 | | appointed by the Chief Judge of
the Circuit Court for the |
26 | | county wherein the electoral board hearing is
being held upon |
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1 | | notification to the Chief Judge of such
vacancies. The Chief |
2 | | Judge shall be so notified by a member of the electoral
board |
3 | | or the officer or board with whom the objector's petition was |
4 | | filed.
In the event that none of the individuals designated by |
5 | | this Section to
serve on the electoral board are eligible, the |
6 | | chairman of an electoral
board shall be designated by the Chief |
7 | | Judge.
|
8 | | (Source: P.A. 96-1008, eff. 7-6-10.)
|
9 | | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
|
10 | | Sec. 10-10. Within 24 hours after the receipt of the |
11 | | certificate of
nomination or nomination papers or proposed |
12 | | question of public
policy, as the case may be, and the |
13 | | objector's petition, the chairman
of the electoral board other |
14 | | than the State Board of Elections shall
send a call by |
15 | | registered or certified mail to each of the members of the
|
16 | | electoral board, and to the objector who filed the objector's |
17 | | petition, and
either to the candidate whose certificate of |
18 | | nomination or nomination
papers are objected to or to the |
19 | | principal proponent or attorney for
proponents of a question of |
20 | | public policy, as the case may be, whose
petitions are objected |
21 | | to, and shall also cause the sheriff of the county
or counties |
22 | | in which such officers and persons reside to serve a copy of
|
23 | | such call upon each of such officers and persons, which call |
24 | | shall set out
the fact that the electoral board is required to |
25 | | meet to hear and pass upon
the objections to nominations made |
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1 | | for the office, designating it, and
shall state the day, hour |
2 | | and place at which the electoral board shall meet
for the |
3 | | purpose, which place shall be in the
county court house in the |
4 | | county in the case of the County Officers
Electoral Board, the |
5 | | Municipal Officers Electoral Board, the Township
Officers |
6 | | Electoral Board or the Education Officers Electoral Board, |
7 | | except that the Municipal Officers Electoral Board, the |
8 | | Township Officers Electoral Board, and the Education Officers |
9 | | Electoral Board may meet at the location where the governing |
10 | | body of the municipality, township, or school or community |
11 | | college district, respectively, holds its regularly scheduled |
12 | | meetings, if that location is available; provided that voter |
13 | | records may be removed from the offices of an election |
14 | | authority only at the discretion and under the supervision of |
15 | | the election authority.
In
those cases where the State Board of |
16 | | Elections is the electoral board
designated under Section 10-9, |
17 | | the chairman of the State Board of Elections
shall, within 24 |
18 | | hours after the receipt of the certificate of nomination
or |
19 | | nomination papers or petitions for a proposed amendment to |
20 | | Article IV of
the Constitution or proposed statewide question |
21 | | of public policy, send a
call by registered or certified mail |
22 | | to the objector who files the
objector's petition, and either |
23 | | to the candidate whose certificate of
nomination or nomination |
24 | | papers are objected to or to the principal
proponent or |
25 | | attorney for proponents of the proposed Constitutional
|
26 | | amendment or statewide question of public policy and shall |
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1 | | state the day,
hour and place at which the electoral board |
2 | | shall meet for the purpose,
which place may be in the Capitol |
3 | | Building or in the principal or permanent
branch office of the |
4 | | State Board. The day of the meeting shall not be less
than 3 |
5 | | nor more than 5 days after the receipt of the certificate of
|
6 | | nomination or nomination papers and the objector's petition by |
7 | | the chairman
of the electoral board.
|
8 | | The electoral board shall have the power to administer |
9 | | oaths and to
subpoena and examine witnesses and at the request |
10 | | of either party the
chairman may issue subpoenas requiring the |
11 | | attendance of witnesses and
subpoenas duces tecum requiring the |
12 | | production of such books, papers,
records and documents as may |
13 | | be evidence of any matter under inquiry
before the electoral |
14 | | board, in the same manner as witnesses are
subpoenaed in the |
15 | | Circuit Court.
|
16 | | Service of such subpoenas shall be made by any sheriff or |
17 | | other
person in the same manner as in cases in such court and |
18 | | the fees of such
sheriff shall be the same as is provided by |
19 | | law, and shall be paid by
the objector or candidate who causes |
20 | | the issuance of the subpoena. In
case any person so served |
21 | | shall knowingly neglect or refuse to obey any
such subpoena, or |
22 | | to testify, the electoral board shall at once file a
petition |
23 | | in the circuit court of the county in which such hearing is to
|
24 | | be heard, or has been attempted to be heard, setting forth the |
25 | | facts, of
such knowing refusal or neglect, and accompanying the |
26 | | petition with a
copy of the citation and the answer, if one has |
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1 | | been filed, together
with a copy of the subpoena and the return |
2 | | of service thereon, and shall
apply for an order of court |
3 | | requiring such person to attend and testify,
and forthwith |
4 | | produce books and papers, before the electoral board. Any
|
5 | | circuit court of the state, excluding the judge who is sitting |
6 | | on the electoral
board, upon such showing shall order such |
7 | | person to appear and testify,
and to forthwith produce such |
8 | | books and papers, before the electoral board
at a place to be |
9 | | fixed by the court. If such person shall knowingly fail
or |
10 | | refuse to obey such order of the court without lawful excuse, |
11 | | the court
shall punish him or her by fine and imprisonment, as |
12 | | the nature of the case
may require and may be lawful in cases |
13 | | of contempt of court.
|
14 | | The electoral board on the first day of its meeting shall |
15 | | adopt rules
of procedure for the introduction of evidence and |
16 | | the presentation of
arguments and may, in its discretion, |
17 | | provide for the filing of briefs
by the parties to the |
18 | | objection or by other interested persons.
|
19 | | In the event of a State Electoral Board hearing on |
20 | | objections to a
petition for an amendment to Article IV of the |
21 | | Constitution
pursuant to Section 3 of Article XIV of the |
22 | | Constitution, or to a
petition for a question of public policy |
23 | | to be submitted to the
voters of the entire State, the |
24 | | certificates of the county clerks and boards
of election |
25 | | commissioners showing the results of the random sample of
|
26 | | signatures on the petition shall be prima facie valid and |
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1 | | accurate, and
shall be presumed to establish the number of |
2 | | valid and invalid
signatures on the petition sheets reviewed in |
3 | | the random sample, as prescribed
in Section 28-11 and 28-12 of |
4 | | this Code. Either party, however, may introduce
evidence at |
5 | | such hearing to dispute the findings as to particular |
6 | | signatures.
In addition to the foregoing, in the absence of |
7 | | competent evidence presented
at such hearing by a party |
8 | | substantially challenging the results of a random
sample, or |
9 | | showing a different result obtained by an additional sample,
|
10 | | this certificate of a county clerk or board of election |
11 | | commissioners shall
be presumed to establish the ratio of valid |
12 | | to invalid signatures within
the particular election |
13 | | jurisdiction.
|
14 | | The electoral board shall take up the question as to |
15 | | whether or not
the certificate of nomination or nomination |
16 | | papers or petitions are in
proper form, and whether or not they |
17 | | were filed within the time and
under the conditions required by |
18 | | law, and whether or not they are the
genuine certificate of |
19 | | nomination or nomination papers or petitions
which they purport |
20 | | to be, and whether or not in the case of the
certificate of |
21 | | nomination in question it represents accurately the
decision of |
22 | | the caucus or convention issuing it, and in general shall
|
23 | | decide whether or not the certificate of nomination or |
24 | | nominating papers
or petitions on file are valid or whether the |
25 | | objections thereto should
be sustained and the decision of a |
26 | | majority of the electoral board shall
be final subject to |
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1 | | judicial review as provided in Section 10-10.1. The
electoral |
2 | | board must state its findings in writing and must state in
|
3 | | writing which objections, if any, it has sustained. A copy of |
4 | | the decision shall be served upon the parties to the |
5 | | proceedings in open proceedings before the electoral board. If |
6 | | a party does not appear for receipt of the decision, the |
7 | | decision shall be deemed to have been served on the absent |
8 | | party on the date when a copy of the decision is personally |
9 | | delivered or on the date when a copy of the decision is |
10 | | deposited in the Unites States mail, in a sealed envelope or |
11 | | package, with postage prepaid, addressed to each party affected |
12 | | by the decision or to such party's attorney of record, if any, |
13 | | at the address on record for such person in the files of the |
14 | | electoral board.
|
15 | | Upon the expiration of the period within which a proceeding |
16 | | for
judicial review must be commenced under Section 10-10.1, |
17 | | the electoral
board shall, unless a proceeding for judicial |
18 | | review has been commenced
within such period, transmit, by |
19 | | registered or certified mail, a
certified copy of its ruling, |
20 | | together with the original certificate of
nomination or |
21 | | nomination papers or petitions and the original objector's
|
22 | | petition, to the officer or board with whom the certificate of
|
23 | | nomination or nomination papers or petitions, as objected to, |
24 | | were on
file, and such officer or board shall abide by and |
25 | | comply with the
ruling so made to all intents and purposes.
|
26 | | (Source: P.A. 95-872, eff. 1-1-09; 96-1008, eff. 7-6-10 .)
|
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1 | | (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
|
2 | | Sec. 17-23. Pollwatchers in a general election shall be |
3 | | authorized in
the following manner:
|
4 | | (1) Each established political party shall be entitled to |
5 | | appoint
two pollwatchers per precinct. Such pollwatchers must |
6 | | be affiliated
with the political party for which they are |
7 | | pollwatching. For all
elections, the pollwatchers must be
|
8 | | registered to vote in Illinois.
|
9 | | (2) Each candidate shall be entitled to appoint two |
10 | | pollwatchers per
precinct. For all elections, the pollwatchers |
11 | | must be
registered to vote
in Illinois.
|
12 | | (3) Each organization of citizens within the county or |
13 | | political
subdivision, which has among its purposes or |
14 | | interests the investigation
or prosecution of election frauds, |
15 | | and which shall have registered its
name and address and the |
16 | | name and addresses of its principal officers
with the proper |
17 | | election authority at least 40 days before the election,
shall |
18 | | be entitled to appoint one pollwatcher per precinct. For all
|
19 | | elections, the pollwatcher must be registered to vote in
|
20 | | Illinois.
|
21 | | (3.5) Each State nonpartisan civic organization within the |
22 | | county or political subdivision shall be entitled to appoint |
23 | | one pollwatcher per precinct, provided that no more than 2 |
24 | | pollwatchers appointed by State nonpartisan civic |
25 | | organizations shall be present in a precinct polling place at |
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1 | | the same time. Each organization shall have registered the |
2 | | names and addresses of its principal officers with the proper |
3 | | election authority at least 40 days before the election. The |
4 | | pollwatchers must be registered to vote in Illinois. For the |
5 | | purpose of this paragraph, a "State nonpartisan civic |
6 | | organization" means any corporation, unincorporated |
7 | | association, or organization that: |
8 | | (i) as part of its written articles of incorporation, |
9 | | bylaws, or charter or by separate written declaration, has |
10 | | among its stated purposes the provision of voter |
11 | | information and education, the protection of individual |
12 | | voters' rights, and the promotion of free and equal |
13 | | elections; |
14 | | (ii) is organized or primarily conducts its activities |
15 | | within the State of Illinois; and |
16 | | (iii) continuously maintains an office or business |
17 | | location within the State of Illinois, together with a |
18 | | current listed telephone number (a post office box number |
19 | | without a current listed telephone number is not |
20 | | sufficient).
|
21 | | (4) In any general election held to elect candidates for |
22 | | the offices of
a municipality of less than 3,000,000 population |
23 | | that is situated in 2 or
more counties, a pollwatcher who is a |
24 | | resident of Illinois shall be eligible to serve as a
|
25 | | pollwatcher in any poll located within such
municipality, |
26 | | provided that such pollwatcher otherwise complies with the
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1 | | respective requirements of subsections (1) through (3) of this |
2 | | Section and
is a registered voter in Illinois.
|
3 | | (5) Each organized group of proponents or opponents of a |
4 | | ballot
proposition, which shall have registered the name and |
5 | | address of its
organization or committee and the name and |
6 | | address of its chairman with the
proper election authority at |
7 | | least 40 days before the election, shall be
entitled to appoint |
8 | | one pollwatcher per precinct. The pollwatcher
must be
|
9 | | registered to vote in Illinois.
|
10 | | All pollwatchers shall be required to have proper |
11 | | credentials. Such
credentials shall be printed in sufficient |
12 | | quantities, shall be issued
by and under the facsimile |
13 | | signature(s) of the election authority or the State Board of |
14 | | Elections and
shall be available for distribution by the |
15 | | election authority and State Board of Elections at least 2 |
16 | | weeks prior to the
election. Such credentials shall be |
17 | | authorized by the real or facsimile
signature of the State or |
18 | | local party official or the candidate or the
presiding officer |
19 | | of the civic organization or the chairman of the
proponent or |
20 | | opponent group, as the case may be. Neither the The election |
21 | | authority nor the State Board of Elections may not require any |
22 | | such party official or the candidate or the presiding officer |
23 | | of the civic organization or the chairman of the proponent or |
24 | | opponent group to submit the names or other information |
25 | | concerning pollwatchers before making credentials available to |
26 | | such persons or organizations.
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1 | | Pollwatcher credentials shall be in substantially the |
2 | | following form:
|
3 | | POLLWATCHER CREDENTIALS
|
4 | | TO THE JUDGES OF ELECTION:
|
5 | | In accordance with the provisions of the Election
Code, the |
6 | | undersigned hereby appoints .......... (name of pollwatcher)
|
7 | | who resides at ........... (address) in the county
of |
8 | | ..........., .......... (township or municipality)
of |
9 | | ........... (name), State of Illinois and who is duly |
10 | | registered
to vote from this address, to act as a pollwatcher |
11 | | in the
........... precinct of the ........... ward (if |
12 | | applicable)
of the ........... (township or municipality) of |
13 | | ........... at the
........... election to be held on (insert |
14 | | date).
|
15 | | ........................ (Signature of Appointing Authority)
|
16 | | ......................... TITLE (party official, candidate,
|
17 | | civic organization president,
|
18 | | proponent or opponent group chairman)
|
19 | | Under penalties provided by law pursuant to Section 29-10 |
20 | | of the
Election Code, the undersigned pollwatcher certifies |
21 | | that he or she resides
at ................ (address) in the |
22 | | county of ............, .........
(township or municipality) |
23 | | of ........... (name), State of Illinois, and is
duly |
24 | | registered to vote in Illinois.
|
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1 | | .......................... .......................
|
2 | | (Precinct and/or Ward in (Signature of Pollwatcher)
|
3 | | Which Pollwatcher Resides)
|
4 | | Pollwatchers must present their credentials to the Judges |
5 | | of Election
upon entering the polling place. Pollwatcher |
6 | | credentials properly
executed and signed shall be proof of the |
7 | | qualifications of the
pollwatcher authorized thereby. Such |
8 | | credentials are retained by the
Judges and returned to the |
9 | | Election Authority at the end of the day of
election with the |
10 | | other election materials. Once a pollwatcher has
surrendered a |
11 | | valid credential, he may leave and reenter the polling place
|
12 | | provided that such continuing action does not disrupt the |
13 | | conduct of the
election. Pollwatchers may be substituted during |
14 | | the course of the day, but
established political parties, |
15 | | candidates and qualified civic organizations
can have only as |
16 | | many pollwatchers at any given time as are authorized in
this |
17 | | Article. A substitute must present his signed credential to the
|
18 | | judges of election upon entering the polling place. Election |
19 | | authorities
must provide a sufficient number of credentials to |
20 | | allow for substitution
of pollwatchers. After the polls have |
21 | | closed pollwatchers shall be allowed
to remain until the |
22 | | canvass of votes is completed; but may leave and
reenter only |
23 | | in cases of necessity, provided that such action is not so
|
24 | | continuous as to disrupt the canvass of votes.
|
25 | | Candidates seeking office in a district or municipality |
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1 | | encompassing 2
or more counties shall be admitted to any and |
2 | | all polling places throughout
such district or municipality |
3 | | without regard to the counties in which such
candidates are |
4 | | registered to vote. Actions of such candidates shall be
|
5 | | governed in each polling place by the same privileges and |
6 | | limitations that
apply to pollwatchers as provided in this |
7 | | Section. Any such candidate who
engages in an activity in a |
8 | | polling place which could reasonably be
construed by a majority |
9 | | of the judges of election as campaign activity
shall be removed |
10 | | forthwith from such polling place.
|
11 | | Candidates seeking office in a district or municipality |
12 | | encompassing 2 or
more counties who desire to be admitted to |
13 | | polling places on election day
in such district or municipality |
14 | | shall be required to have proper
credentials. Such credentials |
15 | | shall be printed in sufficient quantities,
shall be issued by |
16 | | and under the facsimile signature of the State Board of |
17 | | Elections or the
election authority of the election |
18 | | jurisdiction where the polling place in
which the candidate |
19 | | seeks admittance is located, and shall be available for
|
20 | | distribution at least 2 weeks prior to the election. Such |
21 | | credentials shall
be signed by the candidate.
|
22 | | Candidate credentials shall be in substantially the |
23 | | following form:
|
24 | | CANDIDATE CREDENTIALS
|
25 | | TO THE JUDGES OF ELECTION:
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1 | | In accordance with the provisions of the Election Code, I |
2 | | ...... (name of
candidate) hereby certify that I am a candidate |
3 | | for ....... (name of
office) and seek admittance to ....... |
4 | | precinct of the ....... ward (if
applicable) of the ....... |
5 | | (township or municipality) of ....... at the
....... election |
6 | | to be held on (insert date).
|
7 | | ......................... .......................
|
8 | | (Signature of Candidate) OFFICE FOR WHICH
|
9 | | CANDIDATE SEEKS
|
10 | | NOMINATION OR
|
11 | | ELECTION
|
12 | | Pollwatchers shall be permitted to observe all proceedings |
13 | | and view all reasonably requested records relating
to the |
14 | | conduct of the election, provided the secrecy of the ballot is |
15 | | not impinged, and to station themselves in a position
in the |
16 | | voting room as will enable them to observe the judges making |
17 | | the
signature comparison between the voter application and the |
18 | | voter
registration record card; provided, however, that such |
19 | | pollwatchers
shall not be permitted to station themselves in |
20 | | such close proximity to
the judges of election so as to |
21 | | interfere with the orderly conduct of
the election and shall |
22 | | not, in any event, be permitted to handle
election materials. |
23 | | Pollwatchers may challenge for cause the voting
qualifications |
24 | | of a person offering to vote and may call to the
attention of |
25 | | the judges of election any incorrect procedure or apparent
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1 | | violations of this Code.
|
2 | | If a majority of the judges of election determine that the |
3 | | polling
place has become too overcrowded with pollwatchers so |
4 | | as to interfere
with the orderly conduct of the election, the |
5 | | judges shall, by lot,
limit such pollwatchers to a reasonable |
6 | | number, except that each
established or new political party |
7 | | shall be permitted to have at least
one pollwatcher present.
|
8 | | Representatives of an election authority, with regard to an |
9 | | election
under its jurisdiction, the State Board of Elections, |
10 | | and law
enforcement agencies, including but not limited to a |
11 | | United States
Attorney, a State's attorney, the Attorney |
12 | | General, and a State, county,
or local police department, in |
13 | | the performance of their official
election duties, shall be |
14 | | permitted at all times to enter and remain in
the polling |
15 | | place. Upon entering the polling place, such
representatives |
16 | | shall display their official credentials or other
|
17 | | identification to the judges of election.
|
18 | | Uniformed police officers assigned to polling place duty |
19 | | shall follow
all lawful instructions of the judges of election.
|
20 | | The provisions of this Section shall also apply to |
21 | | supervised casting of
absentee ballots as provided in Section |
22 | | 19-12.2 of this Act.
|
23 | | (Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07; |
24 | | 95-699, eff. 11-9-07; 95-876, eff. 8-21-08.)
|
25 | | (10 ILCS 5/18A-15)
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1 | | Sec. 18A-15. Validating and counting provisional ballots.
|
2 | | (a) The county clerk or board of election commissioners |
3 | | shall complete the
validation and counting of provisional |
4 | | ballots within 14 calendar days of
the day of the election. The |
5 | | county clerk or board of election commissioners
shall have 7 |
6 | | calendar days from the completion of the validation and
|
7 | | counting of provisional ballots to conduct its final canvass. |
8 | | The State Board
of Elections shall complete within 31 calendar |
9 | | days of the election or sooner
if all the returns are received, |
10 | | its final canvass of the vote for all public
offices.
|
11 | | (b) If a county clerk or board of election commissioners |
12 | | determines that all
of the following apply, then a provisional |
13 | | ballot is valid and shall be counted
as a vote:
|
14 | | (1) the provisional voter cast the provisional ballot |
15 | | in the correct
precinct based on the address provided by |
16 | | the provisional voter. The provisional voter's affidavit |
17 | | shall serve as a change of address request by that voter |
18 | | for registration purposes for the next ensuing election if |
19 | | it bears an address different from that in the records of |
20 | | the election authority . Votes for federal and statewide |
21 | | offices on a provisional ballot cast in the incorrect |
22 | | precinct that meet the other requirements of this |
23 | | subsection shall be valid and counted in accordance with |
24 | | rules adopted by the State Board of Elections. As used in |
25 | | this item, "federal office" is defined as provided in |
26 | | Section 20-1 and "statewide office" means the Governor, |
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1 | | Attorney General, Secretary of State, Comptroller, and |
2 | | Treasurer. Votes for General Assembly, countywide, |
3 | | citywide, or township office on a provisional ballot cast |
4 | | in the incorrect precinct but in the correct legislative |
5 | | district, representative district, county, municipality, |
6 | | or township, as the case may be, shall be valid and counted |
7 | | in accordance with rules adopted by the State Board of |
8 | | Elections. As used in this item, "citywide office" means an |
9 | | office elected by the electors of an entire municipality. |
10 | | As used in this item, "township office" means an office |
11 | | elected by the electors of an entire township ;
|
12 | | (2) the affidavit executed by the provisional voter |
13 | | pursuant to subsection
(b)(2) of Section 18A-5 contains, at |
14 | | a minimum, the provisional voter's first and last name, |
15 | | house number and street name, and signature or mark;
|
16 | | (3) the provisional voter is a registered voter based |
17 | | on information
available to the county clerk or board of |
18 | | election commissioners provided by or
obtained from any of |
19 | | the following:
|
20 | | i. the provisional voter;
|
21 | | ii. an election judge;
|
22 | | iii. the statewide voter registration database |
23 | | maintained by the State
Board of Elections;
|
24 | | iv. the records of the county clerk or board of |
25 | | election commissioners'
database; or
|
26 | | v. the records of the Secretary of State; and |
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1 | | (4) for a provisional ballot cast under item (6) of |
2 | | subsection (a) of Section 18A-5, the voter did not vote by |
3 | | absentee ballot in the election at which the provisional |
4 | | ballot was cast.
|
5 | | (c) With respect to subsection (b)(3) of this Section, the |
6 | | county clerk or
board of election commissioners shall |
7 | | investigate and record whether or not the specified information |
8 | | is available from each of the 5 identified sources. If the |
9 | | information is available from one or more of the identified |
10 | | sources, then the
county clerk or board of election |
11 | | commissioners shall seek to obtain the
information from each of |
12 | | those sources until satisfied, with information from at least |
13 | | one of those sources, that the provisional voter is registered |
14 | | and entitled to vote. The county clerk
or board of election |
15 | | commissioners shall use any information it obtains as the
basis |
16 | | for determining the voter registration status of the |
17 | | provisional voter.
If a conflict exists among the information |
18 | | available to the county clerk or
board of election |
19 | | commissioners as to the registration status of the
provisional |
20 | | voter, then the county clerk or board of election commissioners
|
21 | | shall make a
determination based on the totality of the |
22 | | circumstances. In a case where the
above information equally |
23 | | supports or opposes the registration status of the
voter, the |
24 | | county clerk or board of election commissioners shall decide in
|
25 | | favor of the provisional voter as being duly registered to |
26 | | vote. If the
statewide voter registration database maintained |
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1 | | by the State Board of
Elections indicates that the provisional |
2 | | voter is registered to vote, but the
county clerk's or board of |
3 | | election commissioners' voter registration database
indicates |
4 | | that the provisional voter is not registered to vote, then the
|
5 | | information found in the statewide voter registration database |
6 | | shall control
the matter and the provisional voter shall be |
7 | | deemed to be registered to vote.
If the records of the county |
8 | | clerk or board of election commissioners indicates
that the |
9 | | provisional
voter is registered to vote, but the statewide |
10 | | voter registration database
maintained by the State Board of |
11 | | Elections indicates that the provisional voter
is not |
12 | | registered to vote, then the information found in the records |
13 | | of the
county clerk or board of election commissioners shall |
14 | | control the matter and
the provisional voter shall be deemed to |
15 | | be registered to vote. If the
provisional voter's signature on |
16 | | his or her provisional ballot request varies
from the signature |
17 | | on
an otherwise valid registration application solely because |
18 | | of the substitution
of initials for the first or middle name, |
19 | | the election authority may not reject
the provisional ballot.
|
20 | | (d) In validating the registration status of a person |
21 | | casting a provisional
ballot, the county clerk or board of |
22 | | election commissioners shall not require a
provisional voter to |
23 | | complete any form other than the affidavit executed by the
|
24 | | provisional voter under subsection (b)(2) of Section 18A-5. In |
25 | | addition,
the
county clerk or board of election commissioners |
26 | | shall not require all
provisional voters or
any particular |
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1 | | class or group of provisional voters to appear personally |
2 | | before
the county clerk or board of election commissioners or |
3 | | as a matter of policy
require provisional voters to submit |
4 | | additional information to verify or
otherwise support the |
5 | | information already submitted by the provisional voter.
Within |
6 | | 2 calendar days after the election, the election authority |
7 | | shall transmit by electronic means pursuant to a process |
8 | | established by the State Board of Elections the name, street |
9 | | address, e-mail address, and precinct, ward, township, and |
10 | | district numbers, as the case may be, of each person casting a |
11 | | provisional ballot to the State Board of Elections, which shall |
12 | | maintain those names and that information in an electronic |
13 | | format on its website, arranged by county and accessible to |
14 | | State and local political committees. The provisional voter |
15 | | may, within 7 2 calendar days after the election, submit
|
16 | | additional information to the county clerk or board of election |
17 | | commissioners.
This information must be received by the county |
18 | | clerk or board of election
commissioners within the |
19 | | 2-calendar-day period.
|
20 | | (e) If the county clerk or board of election commissioners |
21 | | determines that
subsection (b)(1), (b)(2), or (b)(3) does not |
22 | | apply, then the provisional
ballot is not valid
and may not be |
23 | | counted. The provisional ballot envelope containing the ballot
|
24 | | cast by the provisional voter may not be opened. The county |
25 | | clerk or board of
election commissioners shall write on the |
26 | | provisional ballot envelope the
following: "Provisional ballot |
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1 | | determined invalid.".
|
2 | | (f) If the county clerk or board of election commissioners |
3 | | determines that a
provisional ballot is valid under this |
4 | | Section, then the provisional ballot
envelope shall be opened. |
5 | | The outside of each provisional ballot
envelope shall
also be
|
6 | | marked to identify the precinct and the date of the election.
|
7 | | (g) Provisional ballots determined to be valid shall be |
8 | | counted at the election authority's central ballot counting |
9 | | location and shall not be counted in precincts. The provisional |
10 | | ballots determined to be valid shall be added to the
vote
|
11 | | totals for the precincts from which they were cast in the order |
12 | | in which the
ballots were opened.
The validation and counting |
13 | | of provisional ballots shall be subject to the
provisions of |
14 | | this Code that apply to pollwatchers.
If the provisional |
15 | | ballots are a ballot of a punch card
voting system, then the |
16 | | provisional ballot shall be counted in a manner
consistent with |
17 | | Article 24A. If the provisional ballots
are a ballot of optical |
18 | | scan or other type of approved electronic voting
system, then |
19 | | the provisional ballots shall be counted in a manner consistent
|
20 | | with Article 24B.
|
21 | | (h) As soon as the ballots have been counted, the election |
22 | | judges or
election officials shall, in
the presence of the |
23 | | county clerk or board of election commissioners, place each
of |
24 | | the following items in a separate envelope or bag: (1) all |
25 | | provisional
ballots, voted or spoiled; (2)
all provisional |
26 | | ballot envelopes of provisional ballots voted or spoiled; and
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1 | | (3) all executed affidavits
of the provisional ballots voted or |
2 | | spoiled.
All provisional ballot envelopes for provisional |
3 | | voters who have been
determined
not to be registered to vote |
4 | | shall remain sealed. The county clerk or board of
election |
5 | | commissioners shall treat the provisional ballot envelope |
6 | | containing
the written affidavit as a voter registration |
7 | | application for that person for
the next election and process |
8 | | that application.
The election judges or election officials |
9 | | shall then
securely
seal each envelope or bag, initial the |
10 | | envelope or bag, and plainly mark on the
outside of the |
11 | | envelope or bag in ink the precinct in which the provisional
|
12 | | ballots were cast. The election judges or election officials |
13 | | shall then place
each sealed envelope or
bag into a box, secure |
14 | | and seal it in the same manner as described in
item (6) of |
15 | | subsection (b) of Section 18A-5. Each election judge or |
16 | | election
official shall take and subscribe an oath
before the |
17 | | county clerk or
board of election commissioners that the |
18 | | election judge or election official
securely kept the
ballots |
19 | | and papers in the box, did not permit any person to open the |
20 | | box or
otherwise touch or tamper with the ballots and papers in |
21 | | the box, and has no
knowledge of any other person opening the |
22 | | box.
For purposes of this Section, the term "election official" |
23 | | means the county
clerk, a member of the board of election |
24 | | commissioners, as the case may be, and
their respective |
25 | | employees.
|
26 | | (Source: P.A. 97-766, eff. 7-6-12.)
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1 | | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) |
2 | | Sec. 19-2. Any elector as defined in Section 19-1 may by |
3 | | mail or electronically on the website of the appropriate |
4 | | election authority , not more than 40 nor less than 5 days prior |
5 | | to the
date of such election, or by personal delivery not more |
6 | | than 40 nor less
than one day prior to the date of such |
7 | | election, make application to the
county clerk or to the Board |
8 | | of Election Commissioners for an official
ballot for the |
9 | | voter's precinct to be voted at such election.
Such a ballot |
10 | | shall be delivered to the elector only upon separate |
11 | | application by the elector for each election.
|
12 | | (Source: P.A. 96-553, eff. 8-17-09; 97-81, eff. 7-5-11.)
|
13 | | (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) |
14 | | Sec. 19-2.1. In-person absentee voting in the office of the |
15 | | municipal, township, or road district clerks. At the |
16 | | consolidated primary, general primary,
consolidated, and |
17 | | general elections, electors entitled
to vote
by absentee ballot |
18 | | under the provisions of Section 19-1
may vote in person at the |
19 | | office of the municipal clerk, if the elector
is a resident of |
20 | | a municipality not having a board of election commissioners,
or |
21 | | at the office of the township clerk or, in counties not under |
22 | | township
organization, at the office of the road district clerk |
23 | | if the elector is
not a resident of a municipality; provided, |
24 | | in each case that the municipal,
township or road district |
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1 | | clerk, as the case may be, is authorized to conduct
in-person |
2 | | absentee voting pursuant to this Section. Absentee voting in |
3 | | such
municipal and township clerk's offices under this Section |
4 | | shall be
conducted from the 22nd day through the day before the |
5 | | election. |
6 | | Municipal and township clerks (or road district clerks) who |
7 | | have regularly
scheduled working hours at regularly designated |
8 | | offices other than a place
of residence and whose offices are |
9 | | open for business during the same hours
as the office of the |
10 | | election authority shall conduct in-person absentee
voting for |
11 | | said elections. Municipal and township clerks (or road district
|
12 | | clerks) who have no regularly scheduled working hours but who |
13 | | have regularly
designated offices other than a place of |
14 | | residence shall conduct in-person
absentee voting for said |
15 | | elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 |
16 | | a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on |
17 | | Saturdays, but not during such hours as the office of the |
18 | | election
authority is closed, unless the clerk files a written |
19 | | waiver with the
election authority not later than July 1 of |
20 | | each year stating that he or
she is unable to conduct such |
21 | | voting and the reasons therefor. Such clerks
who conduct |
22 | | in-person absentee voting may extend their hours for that
|
23 | | purpose to include any hours in which the election authority's |
24 | | office is
open. Municipal and township clerks (or
road district |
25 | | clerks) who have no regularly scheduled office hours and no
|
26 | | regularly designated offices other than a place of residence |
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1 | | may not conduct
in-person absentee voting for said elections. |
2 | | The election authority may
devise alternative methods for |
3 | | in-person absentee voting before said elections
for those |
4 | | precincts located within the territorial area of a municipality
|
5 | | or township (or road district) wherein the clerk of such |
6 | | municipality or
township (or road district) has waived or is |
7 | | not entitled to conduct such
voting.
In addition, electors may |
8 | | vote by absentee ballot under the provisions of
Section 19-1 at |
9 | | the office of the election authority having jurisdiction
over |
10 | | their residence. Unless specifically authorized by the |
11 | | election authority, municipal,
township, and road district |
12 | | clerks shall not conduct in-person absentee
voting. No less |
13 | | than 45 days
before the date of an election, the election |
14 | | authority shall notify the
municipal, township, and road |
15 | | district clerks within its jurisdiction if
they are to conduct |
16 | | in-person absentee voting. Election authorities, however, may |
17 | | conduct in-person absentee voting in one or more designated
|
18 | | appropriate public buildings from the fourth
day before the |
19 | | election through
the day before the election.
|
20 | | In conducting in-person absentee voting under this |
21 | | Section, the respective
clerks shall be required to verify the |
22 | | signature of the absentee
voter by comparison with the |
23 | | signature on the official registration
record card. The clerk |
24 | | also shall reasonably ascertain the identity
of such applicant, |
25 | | shall verify that each such applicant is a registered
voter, |
26 | | and shall verify the precinct in which he or she is registered
|
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1 | | and the proper ballots of the political subdivisions in which |
2 | | the
applicant resides and is entitled to vote, prior to |
3 | | providing any
absentee ballot to such applicant. The clerk |
4 | | shall verify the
applicant's registration and from the most |
5 | | recent poll list provided by
the county clerk, and if the |
6 | | applicant is not listed on that poll list
then by telephoning |
7 | | the office of the county clerk. |
8 | | Within one day after a voter casts an in-person absentee |
9 | | ballot, the appropriate election authority shall transmit by |
10 | | electronic means pursuant to a process established by the State |
11 | | Board of Elections the voter's name, street address, e-mail |
12 | | address, and precinct, ward, township, and district numbers, as |
13 | | the case may be, to the State Board of Elections, which shall |
14 | | maintain those names and that information in an electronic |
15 | | format on its website, arranged by county and accessible to |
16 | | State and local political committees. |
17 | | Absentee voting procedures in the office of the municipal, |
18 | | township
and road district clerks shall be subject to all of |
19 | | the applicable
provisions of this Article 19.
Pollwatchers may |
20 | | be appointed to observe in-person absentee voting
procedures |
21 | | and view all reasonably requested records relating to the |
22 | | conduct of the election, provided the secrecy of the ballot is |
23 | | not impinged, at the office of the municipal, township or road |
24 | | district
clerks' offices where such absentee voting is |
25 | | conducted. Such pollwatchers
shall qualify and be appointed in |
26 | | the same manner as provided in Sections
7-34 and 17-23, except |
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1 | | each candidate, political party or
organization of citizens may |
2 | | appoint only one pollwatcher for each location
where in-person |
3 | | absentee voting is conducted. Pollwatchers must
be registered |
4 | | to vote in Illinois and possess
valid pollwatcher credentials.
|
5 | | All requirements in this Article
applicable to election |
6 | | authorities shall apply to the respective local
clerks, except |
7 | | where inconsistent with this Section. |
8 | | The sealed absentee ballots in their carrier envelope shall |
9 | | be
delivered by the respective clerks, or by the election |
10 | | authority on behalf of
a clerk if the clerk and the election
|
11 | | authority agree, to the election authority's central ballot |
12 | | counting location
before the close of the polls on the day of |
13 | | the general primary,
consolidated primary, consolidated, or |
14 | | general election. |
15 | | Not more than 23 days before the general and consolidated
|
16 | | elections, the county clerk shall make available to those
|
17 | | municipal, township and road district clerks conducting |
18 | | in-person absentee
voting within such county, a sufficient
|
19 | | number of applications, absentee ballots, envelopes, and |
20 | | printed voting
instruction slips for use by absentee voters in |
21 | | the offices of such
clerks. The respective clerks shall receipt |
22 | | for all ballots received,
shall return all unused or spoiled |
23 | | ballots to the county clerk on the
day of the election and |
24 | | shall strictly account for all ballots received. |
25 | | The ballots delivered to the respective clerks shall |
26 | | include absentee
ballots for each precinct in the municipality, |
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1 | | township or road
district, or shall include such separate |
2 | | ballots for each political
subdivision conducting an election |
3 | | of officers or a referendum on that
election day as will permit |
4 | | any resident of the municipality, township
or road district to |
5 | | vote absentee in the office of the proper clerk. |
6 | | The clerks of all municipalities, townships and road |
7 | | districts may
distribute applications for absentee ballot for |
8 | | the use of voters who
wish to mail such applications to the |
9 | | appropriate election authority. Any person may produce, |
10 | | reproduce, distribute, or return to an election authority the |
11 | | application for absentee ballot. Upon receipt, the appropriate |
12 | | election authority shall accept and promptly process any |
13 | | application for absentee ballot.
|
14 | | (Source: P.A. 96-1008, eff. 7-6-10; 97-766, eff. 7-6-12.) |
15 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) |
16 | | Sec. 19-3. The
application for absentee ballot shall be |
17 | | substantially in the
following form: |
18 | | APPLICATION FOR ABSENTEE BALLOT |
19 | | To be voted at the .... election in the County of .... and |
20 | | State of
Illinois, in the .... precinct of the (1) *township of |
21 | | .... (2) *City of
.... or (3) *.... ward in the City of .... |
22 | | I state that I am a resident of the .... precinct of the |
23 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in |
24 | | the city of
.... residing at .... in such city or town in the |
25 | | county of .... and
State of Illinois; that I have lived at such |
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1 | | address for .... month(s)
last past; that I am lawfully |
2 | | entitled to vote in such precinct at the
.... election to be |
3 | | held therein on ....; and that I wish to vote by absentee |
4 | | ballot. |
5 | | I hereby make application for an official ballot or ballots |
6 | | to be
voted by me at such election, and I agree that I shall |
7 | | return such ballot or ballots to the
official issuing the same |
8 | | prior to the closing of the polls on the date
of the election |
9 | | or, if returned by mail, postmarked no later than midnight |
10 | | preceding election day, for counting no later than during the |
11 | | period for counting provisional ballots, the last day of which |
12 | | is the 14th day following election day. |
13 | | I understand that this application is made for an official |
14 | | absentee ballot or ballots to be voted by me at the election |
15 | | specified in this application and that I must submit a separate |
16 | | application for an official absentee ballot or ballots to be |
17 | | voted by me at any subsequent election. |
18 | | Under penalties as provided by law pursuant to Section |
19 | | 29-10 of The
Election Code, the undersigned certifies that the |
20 | | statements set forth
in this application are true and correct. |
21 | | .... |
22 | | *fill in either (1), (2) or (3). |
23 | | Post office address to which ballot is mailed: |
24 | | ............... |
25 | | However, if application is made for a primary election |
26 | | ballot, such
application shall require the applicant to |
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1 | | designate the name of the political party with which
the |
2 | | applicant is affiliated. |
3 | | If application is made electronically, the applicant shall |
4 | | mark the box associated with the above described statement |
5 | | included as part of the online application certifying that the |
6 | | statements set forth in this application are true and correct, |
7 | | and a signature is not required. |
8 | | Any person may produce, reproduce, distribute, or return to |
9 | | an election authority the application for absentee ballot. Upon |
10 | | receipt, the appropriate election authority shall accept and |
11 | | promptly process any application for absentee ballot submitted |
12 | | in a form substantially similar to that required by this |
13 | | Section, including any substantially similar production or |
14 | | reproduction generated by the applicant. |
15 | | (Source: P.A. 96-312, eff. 1-1-10; 96-553, eff. 8-17-09; |
16 | | 96-1000, eff. 7-2-10; 96-1008, eff. 7-6-10; 97-766, eff. |
17 | | 7-6-12.)
|
18 | | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
|
19 | | Sec. 19-4. Mailing or delivery of ballots - Time.) |
20 | | Immediately upon
the receipt of such application either by mail |
21 | | or electronic means , not more than 40 days
nor less than 5 days |
22 | | prior to such election, or by personal delivery not
more than |
23 | | 40 days nor less than one day prior to such election, at the
|
24 | | office of such election authority, it shall be the duty of such |
25 | | election
authority to examine the records to ascertain whether |
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1 | | or not such
applicant is lawfully entitled to vote as
|
2 | | requested, including a verification of the applicant's |
3 | | signature by comparison with the signature on the official |
4 | | registration record card, and if found so to be entitled to |
5 | | vote, to post within one business day thereafter
the name, |
6 | | street address,
ward and precinct number or township and |
7 | | district number, as the case may be,
of such applicant given on |
8 | | a list, the pages of which are to be numbered
consecutively to |
9 | | be kept by such election authority for such purpose in a
|
10 | | conspicuous, open and public place accessible to the public at |
11 | | the entrance of
the office of such election authority, and in |
12 | | such a manner that such list may
be viewed without necessity of |
13 | | requesting permission therefor. Within one
day after posting |
14 | | the name and other information of an applicant for
an absentee |
15 | | ballot, the election authority shall transmit by electronic |
16 | | means pursuant to a process established by the State Board of |
17 | | Elections that name and other
posted information to the State |
18 | | Board of Elections, which shall maintain those
names and other |
19 | | information in an electronic format on its website, arranged by
|
20 | | county and accessible to State and local political committees. |
21 | | Within 2
business days after posting a name and other |
22 | | information on the list within
its
office, the election |
23 | | authority shall mail,
postage prepaid, or deliver in person in |
24 | | such office an official ballot
or ballots if more than one are |
25 | | to be voted at said election. Mail delivery
of Temporarily |
26 | | Absent Student ballot applications pursuant to Section
19-12.3 |
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1 | | shall be by nonforwardable mail. However,
for the consolidated |
2 | | election, absentee ballots for certain precincts may
be |
3 | | delivered to applicants not less than 25 days before the |
4 | | election if
so much time is required to have prepared and |
5 | | printed the ballots containing
the names of persons nominated |
6 | | for offices at the consolidated primary.
The election authority |
7 | | shall enclose with each absentee ballot or
application written |
8 | | instructions on how voting assistance shall be provided
|
9 | | pursuant to Section 17-14 and a document, written and approved |
10 | | by the State
Board of Elections,
enumerating
the circumstances |
11 | | under which a person is authorized to vote by absentee
ballot |
12 | | pursuant to this Article; such document shall also include a
|
13 | | statement informing the applicant that if he or she falsifies |
14 | | or is
solicited by another to falsify his or her
eligibility to |
15 | | cast an absentee ballot, such applicant or other is subject
to
|
16 | | penalties pursuant to Section 29-10 and Section 29-20 of the |
17 | | Election Code.
Each election authority shall maintain a list of |
18 | | the name, street address,
ward and
precinct, or township and |
19 | | district number, as the case may be, of all
applicants who have |
20 | | returned absentee ballots to such authority, and the name of |
21 | | such absent voter shall be added to such list
within one |
22 | | business day from receipt of such ballot.
If the absentee |
23 | | ballot envelope indicates that the voter was assisted in
|
24 | | casting the ballot, the name of the person so assisting shall |
25 | | be included on
the list. The list, the pages of which are to be |
26 | | numbered consecutively,
shall be kept by each election |
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1 | | authority in a conspicuous, open, and public
place accessible |
2 | | to the public at the entrance of the office of the election
|
3 | | authority and in a manner that the list may be viewed without |
4 | | necessity of
requesting permission for viewing.
|
5 | | Each election authority shall maintain a list for each |
6 | | election
of the
voters to whom it has issued absentee ballots. |
7 | | The list shall be
maintained for each precinct within the |
8 | | jurisdiction of the election
authority. Prior to the opening of |
9 | | the polls on election day, the
election authority shall deliver |
10 | | to the judges of election in each
precinct the list of |
11 | | registered voters in that precinct to whom absentee
ballots |
12 | | have been issued by mail.
|
13 | | Each election authority shall maintain a list for each |
14 | | election of
voters to whom it has issued temporarily absent |
15 | | student ballots. The list
shall be maintained for each election |
16 | | jurisdiction within which such voters
temporarily abide. |
17 | | Immediately after the close of the period during which
|
18 | | application may be made by mail or electronic means for |
19 | | absentee ballots, each election
authority shall mail to each |
20 | | other election authority within the State a
certified list of |
21 | | all such voters temporarily abiding within the
jurisdiction of |
22 | | the other election authority.
|
23 | | In the event that the return address of an
application for |
24 | | ballot by a physically incapacitated elector
is that of a |
25 | | facility licensed or certified under the Nursing Home Care
Act, |
26 | | the Specialized Mental Health Rehabilitation Act, or the ID/DD |
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1 | | Community Care Act, within the jurisdiction of the election |
2 | | authority, and the applicant
is a registered voter in the |
3 | | precinct in which such facility is located,
the ballots shall |
4 | | be prepared and transmitted to a responsible judge of
election |
5 | | no later than 9 a.m. on the Saturday, Sunday or Monday |
6 | | immediately
preceding the election as designated by the |
7 | | election authority under
Section 19-12.2. Such judge shall |
8 | | deliver in person on the designated day
the ballot to the |
9 | | applicant on the premises of the facility from which
|
10 | | application was made. The election authority shall by mail |
11 | | notify the
applicant in such facility that the ballot will be |
12 | | delivered by a judge of
election on the designated day.
|
13 | | All applications for absentee ballots shall be available at |
14 | | the office
of the election authority for public inspection upon |
15 | | request from the
time of receipt thereof by the election |
16 | | authority until 30 days after the
election, except during the |
17 | | time such applications are kept in the
office of the election |
18 | | authority pursuant to Section 19-7, and except during
the time |
19 | | such applications are in the possession of the judges of |
20 | | election.
|
21 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, |
22 | | eff. 1-1-12; 97-813, eff. 7-13-12.)
|
23 | | (10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
|
24 | | Sec. 19-7.
|
25 | | (a) Upon receipt of such absent voter's ballot, the |
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1 | | election
authority shall forthwith enclose the same unopened, |
2 | | together with the
application made by said absent voter in a |
3 | | large or carrier envelope
which shall be securely sealed and |
4 | | endorsed with the name and official
title of such officer and |
5 | | the words, "This envelope contains an absent
voter's ballot and |
6 | | must be opened on election day," together with the number and
|
7 | | description of the precinct in which said ballot is to be |
8 | | voted, and
such officer shall thereafter safely keep the same |
9 | | in his office until
counted by him as provided in the next |
10 | | section.
|
11 | | (b) Within one day after receipt of such absent voter's |
12 | | ballot, the election authority shall transmit, by electronic |
13 | | means pursuant to a process established by the State Board of |
14 | | Elections, the voter's name, street address, e-mail address, |
15 | | and precinct, ward, township, and district numbers, as the case |
16 | | may be, to the State Board of Elections, which shall maintain |
17 | | those names and that information in an electronic format on its |
18 | | website, arranged by county and accessible to State and local |
19 | | political committees. |
20 | | (Source: P.A. 81-155.)
|
21 | | (10 ILCS 5/19A-15)
|
22 | | Sec. 19A-15. Period for early voting; hours.
|
23 | | (a) The period for early voting by personal appearance |
24 | | begins the 15th day preceding a general primary, consolidated |
25 | | primary, consolidated, or
general election and extends through |
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1 | | the 3rd day before election day.
|
2 | | (b) A permanent polling place for early voting must remain |
3 | | open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. |
4 | | to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on |
5 | | Saturdays , Sundays, and holidays , and 12:00 p.m. to 3:00 p.m. |
6 | | on Sundays ; except that, in addition to the hours required by |
7 | | this subsection, a permanent early voting polling place |
8 | | designated by an election authority under subsection (c) of |
9 | | Section 19A-10 must remain open for a total of at least 8 hours |
10 | | on any holiday during the early voting period and a total of at |
11 | | least 14 hours on the final weekend during the early voting |
12 | | period.
|
13 | | (c) Notwithstanding subsections (a) and (b), an election |
14 | | authority may close an early voting polling place if the |
15 | | building in which the polling place is located has been closed |
16 | | by the State or unit of local government in response to a |
17 | | severe weather emergency. In the event of a closure, the |
18 | | election authority shall conduct early voting on the 2nd day |
19 | | before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to |
20 | | 5:00 p.m. The election authority shall notify the State Board |
21 | | of Elections of any closure and shall make reasonable efforts |
22 | | to provide notice to the public of the extended early voting |
23 | | period. |
24 | | (d) Notwithstanding subsections (a) and (b), in 2013 only, |
25 | | an election authority may close an early voting place on Good |
26 | | Friday, Holy Saturday, and Easter Sunday, provided that the |
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1 | | early voting place remains open 2 hours later on April 3, 4, |
2 | | and 5 of 2013. The election authority shall notify the State |
3 | | Board of Elections of any closure and shall provide notice to |
4 | | the public of the closure and the extended hours during the |
5 | | final week. |
6 | | (Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4, |
7 | | eff. 3-12-13.) |
8 | | (10 ILCS 5/19A-70)
|
9 | | Sec. 19A-70. Advertising or campaigning in proximity of |
10 | | polling place;
penalty. During the period prescribed in Section |
11 | | 19A-15 for early voting by
personal appearance, no advertising |
12 | | pertaining to any candidate or proposition
to be voted on may |
13 | | be displayed in or within 100 feet of any polling place used
by |
14 | | voters under this Article. No person may engage in |
15 | | electioneering in or
within 100 feet of any polling place used |
16 | | by voters under this Article. The provisions of Section 17-29 |
17 | | with respect to establishment of a campaign free zone , |
18 | | including, but not limited to, the provisions for placement of |
19 | | signage on public property beyond the campaign free zone, apply |
20 | | to polling places under this Article.
|
21 | | Any person who violates this Section may be punished for |
22 | | contempt of court.
|
23 | | (Source: P.A. 94-645, eff. 8-22-05.)
|
24 | | (10 ILCS 5/22-6) (from Ch. 46, par. 22-6)
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1 | | Sec. 22-6. E-Canvass. |
2 | | (a) Within 22 days after each election, each Election |
3 | | Authority shall provide unit-by-unit vote totals to the State |
4 | | Board of Elections in an electronic format to be prescribed by |
5 | | the State Board of Elections. The State Board of Elections |
6 | | shall promulgate rules necessary for the implementation of this |
7 | | Section.
|
8 | | (b) Beginning with the November 2014 general election and |
9 | | every primary, consolidated, general, and special election |
10 | | thereafter, within 52 days after each election, the State Board |
11 | | of Elections shall publish the precinct-by-precinct vote |
12 | | totals on its website and make them available in a downloadable |
13 | | form. |
14 | | (Source: P.A. 95-699, eff. 11-9-07.)
|
15 | | (10 ILCS 5/24A-6.2 new) |
16 | | Sec. 24A-6.2. Programming of automatic tabulating |
17 | | equipment. Beginning with the 2014 general election and all |
18 | | primary, consolidated, general, and special elections |
19 | | thereafter, automatic tabulating equipment authorized by this |
20 | | Section and programmed for a primary, consolidated, general, or |
21 | | special election conducted pursuant to general election law |
22 | | shall be programmed using the unique race and candidate ID |
23 | | numbers assigned by the State Board of Elections. The unique |
24 | | race and candidate ID numbers will be provided to the county |
25 | | clerk or election authority, as the case may be, with the |
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1 | | candidate certification prepared by the State Board of |
2 | | Elections. In addition, any new voting system approved by the |
3 | | state after the 2014 general election shall have the capability |
4 | | to export the election results by ballot style and group them |
5 | | by precinct in an electronic format prescribed by the State |
6 | | Board of Elections.
|
7 | | (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
|
8 | | Sec. 24A-16. The State Board of Elections shall approve all |
9 | | voting
systems provided by this Article. |
10 | | No voting system shall be approved
unless it fulfills the |
11 | | following requirements:
|
12 | | (1) It enables a voter to vote in absolute secrecy;
|
13 | | (2) (Blank);
|
14 | | (3) It enables a voter to vote a ticket selected in |
15 | | part from the
nominees of one party, and in part from the |
16 | | nominees of any or all parties,
and in part from |
17 | | independent candidates and in part of candidates whose
|
18 | | names are written in by the voter;
|
19 | | (4) It enables a voter to vote a written or printed |
20 | | ticket of his own
selection for any person for any office |
21 | | for whom he may desire to vote;
|
22 | | (5) It will reject all votes for an office or upon a |
23 | | proposition when
the voter has cast more votes for such |
24 | | office or upon such proposition than
he is entitled to |
25 | | cast;
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1 | | (5.5) It will identify when a voter has not voted for |
2 | | all statewide constitutional offices;
|
3 | | (6) It will accommodate all propositions to be |
4 | | submitted to the voters
in the form provided by law or, |
5 | | where no such form is provided, then in
brief form, not to |
6 | | exceed 75 words.
|
7 | | (7) It will accommodate the tabulation programming |
8 | | requirements of sections 24A-6.2, 24B-6.2, and 24C-6.2. |
9 | | The State Board of Elections shall not approve any voting |
10 | | equipment or system that includes an external Infrared Data |
11 | | Association (IrDA) communications port.
|
12 | | The State Board of Elections is authorized to withdraw its |
13 | | approval of a
voting system if the system fails to fulfill the |
14 | | above requirements.
|
15 | | The vendor, person, or other private entity shall be solely |
16 | | responsible for the production and cost of: all application |
17 | | fees; all ballots; additional temporary workers; and other |
18 | | equipment or facilities needed and used in the testing of the |
19 | | vendor's, person's, or other private entity's respective |
20 | | equipment and software.
|
21 | | Any voting system vendor, person, or other private entity |
22 | | seeking the State Board of Elections' approval of a voting |
23 | | system shall, as part of the approval application, submit to |
24 | | the State Board a non-refundable fee. The State Board of |
25 | | Elections by rule shall establish an appropriate fee structure, |
26 | | taking into account the type of voting system approval that is |
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1 | | requested (such as approval of a new system, a modification of |
2 | | an existing system, the size of the modification, etc.). No |
3 | | voting system or modification of a voting system shall be |
4 | | approved unless the fee is paid.
|
5 | | No vendor, person, or other entity may sell, lease, or |
6 | | loan, or have a written contract, including a contract |
7 | | contingent upon State Board approval of the voting system or |
8 | | voting system component, to sell, lease, or loan, a voting
|
9 | | system or voting system component to any election jurisdiction |
10 | | unless the
voting system or voting system component is first |
11 | | approved by the State
Board of Elections pursuant to this |
12 | | Section.
|
13 | | (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
14 | | (10 ILCS 5/24B-6.2 new) |
15 | | Sec. 24B-6.2. Programming of automatic tabulating |
16 | | equipment. Beginning with the 2014 general election and all |
17 | | primary, consolidated, general, and special elections |
18 | | thereafter, automatic tabulating equipment authorized by this |
19 | | Section and programmed for a primary, consolidated, general, or |
20 | | special election conducted pursuant to general election law |
21 | | shall be programmed using the unique race and candidate ID |
22 | | numbers assigned by the State Board of Elections. The unique |
23 | | race and candidate ID numbers will be provided to the county |
24 | | clerk or election authority, as the case may be, with the |
25 | | candidate certification prepared by the State Board of |
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1 | | Elections. In addition, any new voting system approved by the |
2 | | State after the 2014 general election shall have the capability |
3 | | to export the election results by ballot style and group them |
4 | | by precinct in an electronic format prescribed by the State |
5 | | Board of Elections. |
6 | | (10 ILCS 5/24C-6.2 new) |
7 | | Sec. 24C-6.2. Programming of automatic tabulating |
8 | | equipment. Beginning with the 2014 general election and all |
9 | | primary, consolidated, general, and special elections |
10 | | thereafter, automatic tabulating equipment authorized by this |
11 | | Section and programmed for a primary, consolidated, general, or |
12 | | special election conducted pursuant to general election law |
13 | | shall be programmed using the unique race and candidate ID |
14 | | numbers assigned by the State Board of Elections. The unique |
15 | | race and candidate ID numbers will be provided to the county |
16 | | clerk or election authority, as the case may be, with the |
17 | | candidate certification prepared by the State Board of |
18 | | Elections. In addition, any new voting system approved by the |
19 | | State after the 2014 general election shall have the capability |
20 | | to export the election results by ballot style and group them |
21 | | by precinct in an electronic format prescribed by the State |
22 | | Board of Elections.
|
23 | | (10 ILCS 5/28-8) (from Ch. 46, par. 28-8)
|
24 | | Sec. 28-8. If a referendum held in accordance with Section |
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1 | | 28-7 of this
Act involved
the question of whether a unit of |
2 | | local government shall
become a home rule unit or shall cease |
3 | | to be a home rule unit and if that referendum passed, then the |
4 | | clerk
of that unit of local government shall, within 45
days |
5 | | after the
referendum,
file with the Secretary of State a |
6 | | certified
statement showing the results of the referendum and |
7 | | the resulting status
of the unit of local government as a home |
8 | | rule unit or a non-home rule
unit. The Secretary of State shall |
9 | | maintain such certified statements in
his office as a public |
10 | | record.
|
11 | | The question of whether a unit of local government shall |
12 | | become a home rule unit shall be submitted in substantially the |
13 | | following form: |
14 | | Shall (name of the unit of local government) become a home |
15 | | rule unit? |
16 | | Votes must be recorded as "yes" or "no". |
17 | | The question of whether a unit of local government shall |
18 | | cease to be a home rule unit shall be submitted in |
19 | | substantially the following form: |
20 | | Shall (name of the unit of local government) cease to be a |
21 | | home rule unit? |
22 | | Votes must be recorded as "yes" or "no". |
23 | | (Source: P.A. 95-699, eff. 11-9-07.)
|
24 | | Section 7. The Illinois Identification Card Act is amended |
25 | | by changing Section 11 as follows:
|
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1 | | (15 ILCS 335/11) (from Ch. 124, par. 31)
|
2 | | Sec. 11. The Secretary may make a search of his records and |
3 | | furnish
information as to whether a person has a current |
4 | | Standard Illinois
Identification Card or an Illinois Person |
5 | | with a Disability Identification Card then on
file, upon |
6 | | receipt of a written application therefor accompanied with the
|
7 | | prescribed fee. However, the Secretary may not disclose medical
|
8 | | information concerning an individual to any person, public |
9 | | agency, private
agency, corporation or governmental body |
10 | | unless the individual has
submitted a written request for the |
11 | | information or unless the individual
has given prior written |
12 | | consent for the release of the information to a
specific person |
13 | | or entity. This exception shall not apply to: (1) offices
and |
14 | | employees of the Secretary who have a need to know the medical
|
15 | | information in performance of their official duties, or (2) |
16 | | orders of a
court of competent jurisdiction. When medical |
17 | | information is disclosed by
the Secretary in accordance with |
18 | | the provisions of this Section, no
liability shall rest with |
19 | | the Office of the Secretary of State as the
information is |
20 | | released for informational purposes only. |
21 | | The Secretary may release personally identifying |
22 | | information or highly restricted personal information only to: |
23 | | (1) officers and employees of the Secretary who have a |
24 | | need to know that information; |
25 | | (2) other governmental agencies for use in their |
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1 | | official governmental functions; |
2 | | (3) law enforcement agencies that need the information |
3 | | for a criminal or civil investigation; or |
4 | | (3-5) the State Board of Elections for the sole purpose |
5 | | of providing the signatures required by a local election |
6 | | authority to register a voter through an online voter |
7 | | registration system; or |
8 | | (4) any entity that the Secretary has authorized, by |
9 | | rule, to receive this information. |
10 | | The Secretary may not disclose an individual's social |
11 | | security number or any associated information obtained from the |
12 | | Social Security Administration without the written request or |
13 | | consent of the individual except: (i) to officers and employees |
14 | | of the Secretary who have a need to know the social security |
15 | | number in the performance of their official duties; (ii) to law |
16 | | enforcement officials for a lawful civil or criminal law |
17 | | enforcement investigation if the head of the law enforcement |
18 | | agency has made a written request to the Secretary specifying |
19 | | the law enforcement investigation for which the social security |
20 | | number is being sought; (iii) under a lawful court order signed |
21 | | by a judge; or (iv) to the Illinois Department of Veterans' |
22 | | Affairs for the purpose of confirming veteran status.
|
23 | | (Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13; |
24 | | revised 9-5-12.)
|
25 | | Section 10. The Counties Code is amended by changing |
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1 | | Section 3-6001.5 as follows:
|
2 | | (55 ILCS 5/3-6001.5)
|
3 | | Sec. 3-6001.5. Sheriff qualifications. On or after the |
4 | | effective date of this amendatory Act of the 98th General |
5 | | Assembly December 1, 1997 ,
except as otherwise provided in this |
6 | | Section, a person is not eligible to be a
candidate for the |
7 | | office of sheriff, and a person shall not be elected or
|
8 | | appointed to the office of sheriff, unless that person meets |
9 | | all of the
following requirements:
|
10 | | (1) Is a United States citizen.
|
11 | | (2) Has been a resident of the county for at least one |
12 | | year.
|
13 | | (3) Is not a convicted felon.
|
14 | | (Source: P.A. 90-447, eff. 8-16-97.)
|
15 | | Section 15. The Illinois Municipal Code is amended by |
16 | | changing Section 3.1-10-5 as follows:
|
17 | | (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
|
18 | | Sec. 3.1-10-5. Qualifications; elective office.
|
19 | | (a) A person is not eligible for an elective municipal |
20 | | office unless that
person is a qualified elector of the |
21 | | municipality and has resided in the
municipality at least
one |
22 | | year next preceding the election or appointment, except as |
23 | | provided in Section 3.1-20-25, subsection (b) of Section |
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1 | | 3.1-25-75, Section 5-2-2, or Section 5-2-11.
|
2 | | (b) A person is not eligible to take the oath of office for |
3 | | a municipal office if that person is, at the time required for |
4 | | taking the oath of office, in arrears in the payment of a tax |
5 | | or other indebtedness due to the municipality or A person is |
6 | | not eligible for an elective municipal office if that
person is |
7 | | in arrears
in the payment of a tax or other indebtedness due to |
8 | | the municipality or
has been convicted in any court located in |
9 | | the United States of any infamous
crime,
bribery, perjury, or |
10 | | other felony.
|
11 | | (b-5) A person is not eligible to hold a municipal office, |
12 | | if that person is, at any time during the term of office, in |
13 | | arrears in the payment of a tax or other indebtedness due to |
14 | | the municipality or has been convicted in any court located in |
15 | | the United States of any infamous crime, bribery, perjury, or |
16 | | other felony. |
17 | | (c) A person is not eligible for the office of
alderman of |
18 | | a ward unless that person has resided
in the ward that the |
19 | | person seeks to represent, and a person is not eligible for the |
20 | | office of trustee of a district unless that person has resided |
21 | | in the
municipality, at least one year next
preceding the |
22 | | election or appointment, except
as provided in Section |
23 | | 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, |
24 | | or Section 5-2-11.
|
25 | | (d) If a person (i) is a resident of a municipality |
26 | | immediately prior to the active duty military service of that |
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1 | | person or that person's spouse, (ii) resides anywhere outside |
2 | | of the municipality during that active duty military service, |
3 | | and (iii) immediately upon completion of that active duty |
4 | | military service is again a resident of the municipality, then |
5 | | the time during which the person resides outside the |
6 | | municipality during the active duty military service is deemed |
7 | | to be time during which the person is a resident of the |
8 | | municipality for purposes of determining the residency |
9 | | requirement under subsection (a).
|
10 | | (Source: P.A. 97-1091, eff. 8-24-12.)
|
11 | | Section 20. The Revised Cities and Villages Act of 1941 is |
12 | | amended by changing Sections 21-12, 21-28, 21-30 and 21-32 as |
13 | | follows:
|
14 | | (65 ILCS 20/21-12) (from Ch. 24, par. 21-12)
|
15 | | Sec. 21-12. City clerk and city treasurer; Election; |
16 | | Tenure. At the time of election of the mayor there shall be |
17 | | elected also in a nonpartisan election a city
clerk and a city |
18 | | treasurer. The candidates receiving a majority of the votes
|
19 | | cast for clerk and treasurer at the consolidated primary |
20 | | election shall be
declared the clerk and treasurer. If no |
21 | | candidate receives a majority of the
votes for one of the |
22 | | offices, a runoff election shall be held at the
consolidated |
23 | | election, when only the names of the candidates receiving the
|
24 | | highest and second highest number of votes for that office at |
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1 | | the consolidated
primary election shall appear on the ballot. |
2 | | If more than one candidate
received the highest or second |
3 | | highest number of votes for one of the offices
at the |
4 | | consolidated primary election, the names of all candidates |
5 | | receiving the
highest and second highest number of votes for |
6 | | that office shall appear on the
ballot at the consolidated |
7 | | election. The candidate receiving the highest
number of votes |
8 | | at the consolidated election shall be declared elected.
|
9 | | The clerk and treasurer each shall hold office for a
term |
10 | | of 4 years beginning at noon on the third Monday in May
|
11 | | following the election and until a successor is elected and |
12 | | qualified. No
person, however, shall be elected to the office |
13 | | of city treasurer for 2
terms in succession.
|
14 | | (Source: P.A. 93-847, eff. 7-30-04.)
|
15 | | (65 ILCS 20/21-28) (from Ch. 24, par. 21-28)
|
16 | | Sec. 21-28. Nomination by petition. |
17 | | (a) All nominations for alderman of any ward in the city |
18 | | shall be by
petition. All petitions for nominations of |
19 | | candidates shall be signed by
such a number of legal voters of |
20 | | the ward as will aggregate not less
than 4% two per cent
of all |
21 | | the votes cast for alderman in such ward at the last preceding
|
22 | | general election. For the election following the redistricting |
23 | | of wards
petitions for nominations of candidates shall be |
24 | | signed by the number of
legal voters of the ward as will |
25 | | aggregate not less than 4% 2% of the total
number of votes cast |
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1 | | for mayor at the last preceding municipal election
divided by |
2 | | the number of wards. |
3 | | (b) All nominations for mayor, city clerk, and city |
4 | | treasurer in the city shall be by petition. Each petition for |
5 | | nomination of a candidate must be signed by at least 12,500 |
6 | | legal voters of the city.
|
7 | | (c) All such petitions, and procedure with
respect thereto,
|
8 | | shall conform in other respects to the provisions of the |
9 | | election and
ballot laws then in force in the city of Chicago |
10 | | concerning the nomination
of independent candidates for public |
11 | | office by petition. The method of
nomination herein provided is |
12 | | exclusive of and replaces all other methods
heretofore provided |
13 | | by law.
|
14 | | (Source: P.A. 94-645, eff. 8-22-05.)
|
15 | | (65 ILCS 20/21-30) (from Ch. 24, par. 21-30)
|
16 | | Sec. 21-30.
Form
of ballot.
Ballots to be used at any |
17 | | general, supplementary or special election for
aldermen held |
18 | | under the provisions of this article, in addition to other
|
19 | | requirements of law, shall conform to the following |
20 | | requirements:
|
21 | | (1) At the top of the ballots shall be printed in capital |
22 | | letters the
words designating the ballot. If a general |
23 | | aldermanic election the words
shall be "Official aldermanic |
24 | | election ballot"; if a supplementary election
the designating |
25 | | words shall be "Official supplementary aldermanic election
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1 | | ballot"; if a special aldermanic election, the words shall be |
2 | | "Special
aldermanic election ballot."
|
3 | | (2) Beginning not less than one inch below such designating |
4 | | words and
extending across the face of the ballot, the title of |
5 | | each office to be
filled shall be printed in capital letters.
|
6 | | (3) The names of candidates for different terms of service |
7 | | therein (if
any there be), shall be arranged and printed in |
8 | | groups according to the
length of such terms.
|
9 | | (4) Immediately below the title of each office or group |
10 | | heading
indicating the term of office, shall be printed in |
11 | | small letters the
directions to voters, "Vote for one."
|
12 | | (5) Following thereupon shall be printed the names of the |
13 | | candidates for
such office according to the title and the term |
14 | | thereof and below the name
of each candidate shall be printed |
15 | | his place of residence, stating the
street and number (if any). |
16 | | The names of candidates shall be printed in
capital letters not |
17 | | less than one-eighth nor more than one-quarter of an
inch in |
18 | | height, and immediately at the left of the name of each |
19 | | candidate
shall be printed a square, the sides of which shall |
20 | | not be less than
one-quarter of an inch in length. The names of |
21 | | all the candidates for each
office shall be printed in a column |
22 | | and arranged in the order hereinafter
designated; all names of |
23 | | candidates shall be printed in uniform type; the
places of |
24 | | residence of such candidates shall be printed in uniform type;
|
25 | | and squares upon said ballots shall be of uniform size; and |
26 | | spaces between
the names of the candidates for the same office |
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1 | | shall be of uniform size.
|
2 | | (6) The names of the candidates for alderman shall appear |
3 | | upon the
ballot in the order in which petitions for nomination |
4 | | have been filed in
the office of the board of election |
5 | | commissioners. However, 2 or more petitions filed within the |
6 | | last hour of the filing deadline shall be deemed filed |
7 | | simultaneously. Where 2 or more
petitions are received |
8 | | simultaneously, the board of election commissioners
shall |
9 | | break ties and determine the order of filing by means of a |
10 | | lottery or
other fair and impartial method of random selection |
11 | | approved by the board
of election commissioners. Such lottery |
12 | | shall be conducted within 9 days
following the last day for |
13 | | petition filing and shall be open to the public. Seven
days |
14 | | written notice of the time and place of conducting such random
|
15 | | selection shall be given, by the board of election |
16 | | commissioners, to the
Chairman of each political party and to |
17 | | each organization of citizens
within the city which was |
18 | | entitled, under The Election Code, at the next
preceding |
19 | | election, to have pollwatchers present on the day of election.
|
20 | | The board of election commissioners shall post in a |
21 | | conspicuous, open and
public place, at the entrance of the |
22 | | office, notice of the time and place
of such lottery. The board |
23 | | of election commissioners shall adopt rules and
regulations |
24 | | governing the procedures for the conduct of such lottery.
|
25 | | (Source: P.A. 86-867.)
|
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1 | | (65 ILCS 20/21-32) (from Ch. 24, par. 21-32)
|
2 | | Sec. 21-32.
Party
designations prohibited - Ballot to be |
3 | | separate from other ballots.
|
4 | | No party name, party initial, party circle platform, |
5 | | principle,
appellation or distinguishing mark of any kind shall |
6 | | be printed upon any
election ballot used at any aldermanic |
7 | | election for mayor, city clerk, city treasurer, or alderman |
8 | | held under the provisions
of this article.
|
9 | | If any party primary election or any election for any |
10 | | office other than
aldermanic shall be held at the same time |
11 | | with any aldermanic election, the
ballots for aldermen shall be |
12 | | separate from all other ballots, except that
any question of |
13 | | public policy not required by law to be submitted on a
separate |
14 | | ballot from that containing names of persons to be voted for |
15 | | may
be submitted in the manner provided by law upon the same |
16 | | ballot as that
used for an aldermanic election: Provided, that |
17 | | the polls shall be opened
and closed for any aldermanic |
18 | | election at the same time as is provided for
the opening and |
19 | | closing of any party primary election for any office other
than |
20 | | alderman held at the same time.
|
21 | | (Source: Laws 1941, vol. 2, p. 19 .)
|
22 | | Section 25. The School Code is amended by changing Sections |
23 | | 6-2, 6-19, 9-10, 10-10, 32-1, and 32-2.5 as follows:
|
24 | | (105 ILCS 5/6-2) (from Ch. 122, par. 6-2)
|
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1 | | Sec. 6-2.
Regional board; creation; membership; abolition |
2 | | and
transfer of duties.
|
3 | | (a) There is created a regional board of school trustees |
4 | | for that territory
in each educational service region exclusive |
5 | | of any school district organized
under Article 34 and exclusive |
6 | | of any school district whose school board has
been given the |
7 | | powers of school trustees; provided that on the effective date
|
8 | | of this amendatory Act of 1992 the regional board of school |
9 | | trustees
theretofore created and existing for any territory in |
10 | | an educational service
region containing 2,000,000 or more |
11 | | inhabitants is abolished, the terms of
office of all members of |
12 | | the regional board of school trustees so abolished are
|
13 | | terminated on that effective date, and from and after that |
14 | | effective date all
rights, powers, duties, and |
15 | | responsibilities that were vested in or required by
law to be |
16 | | exercised and performed by the former regional board of school
|
17 | | trustees shall be vested in and exercised and performed by the |
18 | | successors to
the former regional board of school trustees as |
19 | | provided in subsection (b) of
this Section 6-2. Any school |
20 | | district whose board of education acts as a board
of school |
21 | | trustees shall have within its district the powers and duties |
22 | | of a
regional board of school trustees.
|
23 | | Unless abolished as provided in this Section, the regional |
24 | | board of
school trustees, in both single county and |
25 | | multi-county
educational service regions, shall consist of 7 |
26 | | members. In single county
regions not more than one trustee may |
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1 | | be a resident of any one congressional
township; however, in |
2 | | case there are fewer than 7 congressional townships
in the |
3 | | region then not more than two of such trustees may be residents |
4 | | of
the same congressional township. Notwithstanding the |
5 | | foregoing residency provision, in a single county region with a |
6 | | population of greater than 750,000 inhabitants, but less than |
7 | | 1,200,000 inhabitants, 2 trustees may be residents of the same |
8 | | congressional township if and only if such trustees were |
9 | | elected at the April 9, 2013 consolidated election. In 2 county |
10 | | regions at least 2 trustees
shall be residents of each county. |
11 | | In 3 or more county regions at least
one trustee shall be a |
12 | | resident of each county. If more than 7 counties
constitute the |
13 | | educational service region, the regional board of school
|
14 | | trustees shall consist of one resident of each county.
|
15 | | The regional board of school trustees shall be a body |
16 | | politic and corporate
by the name of "Regional Board of School |
17 | | Trustees of.... County (or Counties),
Illinois." Such |
18 | | corporation shall have perpetual existence with power to
sue |
19 | | and be sued and to plead and be impleaded in all courts and |
20 | | places where
judicial proceedings are had.
|
21 | | (b) Upon the abolition of the regional board of school |
22 | | trustees and
the termination of the terms of office of the |
23 | | members of that former
regional board of school trustees in an |
24 | | educational service region
containing 2,000,000 or more |
25 | | inhabitants as provided in subsection (a), the
trustees of |
26 | | schools of each township included within the territory of that
|
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1 | | educational service region that was served by the former |
2 | | regional board of
school trustees, or if any such township is a |
3 | | township referred to in
subsection (b) of Section 5-1 and there |
4 | | are no trustees of schools acting
in that township then the |
5 | | school board of each school district located in
that township, |
6 | | shall be the successors to the former regional board of
school |
7 | | trustees. As successors to the former regional board of school
|
8 | | trustees, the trustees of schools of each such township and the |
9 | | school
board of each such school district, with respect to all |
10 | | territory included
within the school township or school |
11 | | district served by the trustees of
schools of the township or |
12 | | school board, shall be vested with and shall
exercise and |
13 | | perform all rights, powers, duties, and responsibilities
|
14 | | formerly held, exercised, and performed with respect to that |
15 | | territory by
the regional board of school trustees abolished |
16 | | under subsection (a) of this Section.
|
17 | | Upon abolition of the regional board of school trustees in |
18 | | an educational
service region having 2,000,000 or more |
19 | | inhabitants as provided in
subsection (a) of this Section, all |
20 | | books, records, maps, papers,
documents, equipment, supplies, |
21 | | accounts, deposits, and other personal
property belonging to or |
22 | | subject to the control or disposition of the
former regional |
23 | | board of school trustees (excepting only such items as may
have |
24 | | been provided by the county board) shall be transferred and |
25 | | delivered
to the trustees of schools of the townships and the |
26 | | school boards that are
the successors to the former regional |
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1 | | board of school trustees for the
territory included within |
2 | | their respective school townships or school
districts.
|
3 | | From and after the effective date of this amendatory Act of |
4 | | 1992, any
reference in the School Code or any other law of this |
5 | | State to the regional
board of school trustees or county board |
6 | | of school trustees shall mean,
with respect to all territory |
7 | | within an educational service region
containing 2,000,000 or |
8 | | more inhabitants that formerly was served by a
regional board |
9 | | of school trustees abolished under subsection (a) of this
|
10 | | Section, the trustees of schools of the township or the school |
11 | | board of the
school district that is the successor to the |
12 | | former regional board of
school trustees with respect to the |
13 | | territory included within that school
township or school |
14 | | district.
|
15 | | (Source: P.A. 87-969.)
|
16 | | (105 ILCS 5/6-19) (from Ch. 122, par. 6-19)
|
17 | | Sec. 6-19. Vacancy on regional board. Subject to the |
18 | | residency provisions in Section 6-2 of this Code, any Any |
19 | | vacancy on the regional board of school trustees shall be |
20 | | filled
from the same territory by the remaining members until |
21 | | the next regular
election for members of the regional board of |
22 | | school trustees, when the
vacancy shall be filled for the |
23 | | unexpired time.
Removal of a member from the township from |
24 | | which such member was elected
into a township which has its |
25 | | quota of members on the board shall
constitute a vacancy.
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1 | | (Source: P.A. 80-1469.)
|
2 | | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
|
3 | | Sec. 9-10. Candidates for office - Nominating petitions. |
4 | | Candidates for
the office of school director shall be nominated |
5 | | by petition signed by at
least 25 voters or 5% of the voters, |
6 | | whichever is less, residing within
the district and filed with |
7 | | the county clerk or the county board of election commissioners, |
8 | | as the case may be, of the county in which the principal office |
9 | | of the school district is located secretary of the board of |
10 | | school directors
or with a person designated by the board to |
11 | | receive nominating petitions .
|
12 | | Nominations for members of boards of education, including |
13 | | non-high school
boards of education shall be made by a petition |
14 | | signed by at least 50 voters
or 10% of the voters, whichever is |
15 | | less, residing within the district and
shall be filed with the |
16 | | county clerk or the county board of election commissioners, as |
17 | | the case may be, of the county in which the principal office of |
18 | | the school district is located secretary of the board of |
19 | | education or with a
person designated by the board to receive |
20 | | nominating petitions . In addition
to the requirements of the |
21 | | general election law, the form of such petitions
shall be |
22 | | substantially as follows:
|
23 | | NOMINATING PETITIONS
|
24 | | (LEAVE OUT THE INAPPLICABLE PART.)
|
25 | | To the (County Clerk or County Board of Election |
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1 | | Commissioners) secretary of the board of education (or board of |
2 | | directors)
of district number .... of in .... County:
|
3 | | We the undersigned, being (.... or more) (or 10% or more) |
4 | | (or 5% or more)
of the voters residing within said district, |
5 | | hereby petition that .... who
resides at .... in the (city or |
6 | | village) of .... in Township .... (or who
resides outside any |
7 | | city, village or incorporated town and in Township ....) in
|
8 | | said district shall be a candidate for the office of .... of |
9 | | the board of
education (or board of directors) (full term) |
10 | | (vacancy) to be voted for at the
election to be held on (insert |
11 | | date).
|
12 | | Name: .................. Address: ...................
|
13 | | In the designation of the name of a candidate on a petition |
14 | | for
nomination, the candidate's given name or names, initial or |
15 | | initials, a nickname by which the candidate is commonly known, |
16 | | or a combination thereof may be used in addition to the |
17 | | candidate's surname. If a candidate has changed his or her |
18 | | name, whether by a statutory or common law procedure in |
19 | | Illinois or any other jurisdiction, within 3 years before the |
20 | | last day for filing the petition, then (i) the candidate's name |
21 | | on the petition must be followed by "formerly known as (list |
22 | | all prior names during the 3-year period) until name changed on |
23 | | (list date of each such name change)" and (ii) the petition |
24 | | must be accompanied by the candidate's affidavit stating the |
25 | | candidate's previous names during the period specified in |
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1 | | clause (i) and the date or dates each of those names was |
2 | | changed; failure to meet these requirements shall be grounds |
3 | | for denying certification of the candidate's name for the |
4 | | ballot, but these requirements do not apply to name changes |
5 | | resulting from adoption to assume an adoptive parent's or |
6 | | parents' surname, marriage to assume a spouse's surname, or |
7 | | dissolution of marriage or declaration of invalidity of |
8 | | marriage to assume a former surname. No other designation, such |
9 | | as a political slogan, as defined by Section 7-17 of the |
10 | | Election Code, title or degree, or nickname suggesting or |
11 | | implying possession of a title, degree or professional status, |
12 | | or similar information may be used in connection with the |
13 | | candidate's surname.
|
14 | | Nomination papers filed under this Section are not valid |
15 | | unless the candidate
named therein files with the county clerk |
16 | | or the county board of election commissioners, as the case may |
17 | | be, of the county in which the principal office of the school |
18 | | district is located secretary of the board of education or a
|
19 | | person designated by the board to receive nominating petitions |
20 | | a receipt
from the county clerk showing that the candidate has |
21 | | filed a statement of
economic interests as required by the |
22 | | Illinois Governmental Ethics Act.
Such receipt shall be so |
23 | | filed either previously during the calendar year
in which his |
24 | | nomination papers were filed or within the period for the |
25 | | filing
of nomination papers in accordance with the general |
26 | | election law.
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1 | | All petitions for the nomination of members of a board of |
2 | | education shall
be filed with the county clerk or the county |
3 | | board of election commissioners, as the case may be, of the |
4 | | county in which the principal office of the school district is |
5 | | located secretary of the board or a person designated by the
|
6 | | board to receive nominating petitions within the time provided |
7 | | for
by the general election law. The county clerk or the county |
8 | | board of election commissioners secretary shall receive and |
9 | | file only
those petitions which include a statement of |
10 | | candidacy, the required number
of voter signatures, the |
11 | | notarized signature of the petition circulator
and a receipt |
12 | | from the County Clerk showing that the candidate has filed
a |
13 | | statement of economic interest on or before the last day to |
14 | | file as required
by the Illinois Governmental Ethics Act. The |
15 | | county clerk or the county board of election commissioners |
16 | | secretary may have petition
forms available
for issuance to |
17 | | potential candidates, and may give notice of the petition
|
18 | | filing period by publication in a newspaper of general |
19 | | circulation within
the school district not less than 10 days |
20 | | prior to the first day of filing.
The county clerk or the |
21 | | county board of election commissioners Said secretary shall |
22 | | make certification to the proper election authorities
in |
23 | | accordance with the general election law.
If the secretary is |
24 | | an incumbent school board member seeking re-election,
a |
25 | | disinterested person must be a witness to the filing of his |
26 | | petition.
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1 | | The county clerk or the county board of election |
2 | | commissioners, as the case may be, of the county in which the |
3 | | principal office of the school district is located secretary of |
4 | | the board of education shall notify the candidates
for whom a |
5 | | petition for nomination is filed or the appropriate committee
|
6 | | of the obligations under the Campaign Financing Act as provided |
7 | | in the general
election law. Such notice
shall be given on a |
8 | | form prescribed by the State Board of Elections and
in |
9 | | accordance with the requirements of the general election law. |
10 | | The county clerk or county board of election commissioners |
11 | | secretary
shall within 7 days of filing or on the last day for |
12 | | filing, whichever is
earlier, acknowledge to the petitioner in |
13 | | writing the office's his acceptance of the
petition.
|
14 | | A candidate for membership on the board of education or for |
15 | | office as a
school director, who has petitioned for nomination |
16 | | to fill a full term and
to fill a vacant term to be voted upon |
17 | | at the same election, must withdraw
his or her petition for |
18 | | nomination from either the full term or the vacant
term by |
19 | | written declaration.
|
20 | | In all newly organized districts the petition for the |
21 | | nomination of
candidates
for members of the board of education |
22 | | at the first election shall be addressed
to and filed with the |
23 | | regional superintendent of schools in the manner herein
|
24 | | specified for the petitions for
members of a board of |
25 | | education. For such election the regional superintendent
shall |
26 | | fulfill all duties otherwise assigned to the secretary of the |
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1 | | board
of education.
|
2 | | (Source: P.A. 95-141, eff. 8-13-07.)
|
3 | | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
|
4 | | Sec. 10-10. Board of education; Term; Vacancy. All school |
5 | | districts
having a population of not fewer than 1,000 and not |
6 | | more than 500,000
inhabitants, as ascertained by any special or |
7 | | general census, and not
governed by special Acts, shall be |
8 | | governed by a board of education
consisting of 7 members, |
9 | | serving without compensation except as herein
provided. Each |
10 | | member shall be elected for a term of 4 years for the initial |
11 | | members
of the board of education of a combined school district |
12 | | to which that
subsection applies. If 5 members are elected in |
13 | | 1983 pursuant to the extension
of terms provided by
law for |
14 | | transition to the consolidated election schedule under the |
15 | | general
election law, 2 of those members shall be elected to |
16 | | serve terms of 2 years
and 3 shall be elected to serve terms of |
17 | | 4 years; their successors shall
serve for a 4 year term. When |
18 | | the voters of a district have voted to elect
members of the |
19 | | board of education for 6 year terms, as provided in Section
|
20 | | 9-5, the terms of office of members of the board of education |
21 | | of that
district expire when their successors assume office but |
22 | | not later than 7
days after such election. If at the regular |
23 | | school election held in the
first odd-numbered year after the |
24 | | determination to elect members for 6 year
terms 2 members are |
25 | | elected, they shall serve for a 6 year term; and of the
members |
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1 | | elected at the next regular school election 3 shall serve for a
|
2 | | term of 6 years and 2 shall serve a term of 2 years. Thereafter |
3 | | members
elected in such districts shall be elected to a 6 year |
4 | | term. If at the
regular school election held in the first |
5 | | odd-numbered year after the
determination to elect members for |
6 | | 6 year terms 3 members are elected, they
shall serve for a 6 |
7 | | year term; and of the members elected at the next
regular |
8 | | school election 2 shall serve for a term of 2 years and 2 shall
|
9 | | serve for a term of 6 years. Thereafter members elected in such |
10 | | districts
shall be elected to a 6 year term. If at the regular |
11 | | school election held
in the first odd-numbered year after the |
12 | | determination to elect members for
6 year terms 4 members are |
13 | | elected, 3 shall serve for a term of 6 years and
one shall |
14 | | serve for a term of 2 years; and of the members elected at the
|
15 | | next regular school election 2 shall serve for terms of 6 years |
16 | | and 2 shall
serve for terms of 2 years. Thereafter members |
17 | | elected in such districts
shall be elected to a 6 year term. If |
18 | | at the regular school election held
in the first odd-numbered |
19 | | year after the determination to elect members for
a 6 year term |
20 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 |
21 | | shall serve for a term of 2 years; and of the members elected |
22 | | at the
next regular school election 2 shall serve for terms of |
23 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter |
24 | | members elected in such districts
shall be elected to a 6 year |
25 | | term. An election for board members shall not
be held in school |
26 | | districts which by consolidation, annexation or otherwise
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1 | | shall cease to exist as a school district within 6 months after |
2 | | the
election date, and the term of all board members which |
3 | | would otherwise
terminate shall be continued until such |
4 | | district shall cease to exist. Each
member, on the date of his |
5 | | or her election, shall be a
citizen of the United
States of the |
6 | | age of 18 years or over, shall be a resident of the State and
|
7 | | the
territory of the district for at least one year immediately |
8 | | preceding his or
her
election, shall be a registered voter as |
9 | | provided in the general election
law,
shall not be a school |
10 | | trustee, and shall not be a child
sex offender as defined in |
11 | | Section 11-9.3 of the
Criminal Code of 2012. When the board of
|
12 | | education is the successor of the school directors, all rights |
13 | | of property,
and all rights regarding causes of action existing |
14 | | or vested in such
directors, shall vest in it as fully as they |
15 | | were vested in the school
directors. Terms of members are |
16 | | subject to Section 2A-54 of the Election Code.
|
17 | | Nomination papers filed under this Section are not valid |
18 | | unless the candidate
named therein files with the county clerk |
19 | | or the county board of election commissioners, as the case may |
20 | | be, of the county in which the principal office of the school |
21 | | district is located secretary of the board of education or with
|
22 | | a person designated by the board to receive nominating |
23 | | petitions a receipt
from the county clerk showing that the |
24 | | candidate has filed a statement of
economic interests as |
25 | | required by the Illinois Governmental Ethics Act.
Such receipt |
26 | | shall be so filed either previously during the calendar year
in |
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1 | | which his nomination papers were filed or within the period for |
2 | | the filing
of nomination papers in accordance with the general |
3 | | election law.
|
4 | | Whenever a vacancy occurs, the remaining members shall |
5 | | notify the
regional superintendent of that vacancy within 5 |
6 | | days after its occurrence
and shall proceed to fill the vacancy |
7 | | until the next regular school
election, at which election a |
8 | | successor shall be elected to serve the
remainder of the |
9 | | unexpired term. However, if the vacancy occurs with less
than |
10 | | 868 days remaining in the term, or if the vacancy occurs
less |
11 | | than 88
days before the next regularly scheduled election for |
12 | | this office then the
person so appointed shall serve the |
13 | | remainder of the unexpired term, and no
election to fill the |
14 | | vacancy shall be held. Should they fail so to
act, within 45 |
15 | | days after the vacancy occurs, the regional superintendent
of |
16 | | schools under whose supervision and control the district is |
17 | | operating,
as defined in Section 3-14.2 of this Act, shall |
18 | | within 30 days after the
remaining members have failed to fill |
19 | | the vacancy, fill the vacancy as
provided for herein. Upon the |
20 | | regional superintendent's failure to fill the
vacancy, the |
21 | | vacancy shall be filled at the next regularly scheduled
|
22 | | election. Whether elected or appointed by the remaining members |
23 | | or regional
superintendent, the successor shall be an |
24 | | inhabitant of the particular area
from which his or her |
25 | | predecessor was elected if the residential requirements
|
26 | | contained in Section 10-10.5 or 12-2 of this Code apply.
|
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1 | | A board of education may appoint a student to the board to |
2 | | serve in an advisory capacity. The student member shall serve |
3 | | for a term as determined by the board. The board may not grant |
4 | | the student member any voting privileges, but shall consider |
5 | | the student member as an advisor. The student member may not |
6 | | participate in or attend any executive session of the board.
|
7 | | (Source: P.A. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)
|
8 | | (105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
|
9 | | Sec. 32-1. May vote to organize under general law.
|
10 | | (a) Any special charter district may, by vote of its |
11 | | electors, cease to
control its school under the Act under which |
12 | | it was organized, and become part
of the school township or |
13 | | townships in which it is situated. Upon petition of
50 voters |
14 | | of the district, presented to the board having the control and
|
15 | | management of the schools, the board shall order submitted to |
16 | | the voters at an
election to be held in the district, in |
17 | | accordance with the general election
law, the question of |
18 | | "organizing under the general school law".
The secretary of the |
19 | | board shall make certification to the proper election
authority |
20 | | in accordance with the general election law. If, however, a
|
21 | | majority of the votes cast at any such election in any school |
22 | | district subject
to Sections 32-3 through 32-4.11 is against |
23 | | organizing the district under
the general school law, the |
24 | | question may not again be submitted in the district
for 22 |
25 | | months thereafter, and then only upon petition signed by at |
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1 | | least 2% of
the voters of the school district. Notice shall be |
2 | | given in accordance with
the general election law, which notice |
3 | | shall be in the following form:
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4 | | NOTICE OF REFERENDUM
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5 | | Notice is hereby given that on (insert date), a referendum |
6 | | will be held at.... for the purpose of deciding the
question of |
7 | | organizing under the general school law. The polls will be |
8 | | opened
at .... o'clock ..m and closed at .... o'clock ..m.
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9 | | Signed .....
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10 | | If a majority of the votes cast on the proposition is in |
11 | | favor of organizing
under the general school law, then the |
12 | | board having the control and management
of schools in the |
13 | | district, shall declare the proposition carried.
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14 | | When such a proposition is declared to have so carried, the |
15 | | board of
education shall continue to exercise its powers and |
16 | | duties under the general
school law. Each member of the board |
17 | | of education selected under the provisions
of the special |
18 | | charter shall continue in office until his term has expired.
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19 | | Before the term of each of these members expires, the board |
20 | | shall give notice
of an election to be held on the date of the |
21 | | next regular school election, in
accordance with the general |
22 | | election law to fill the vacancy which is created.
Nomination |
23 | | papers filed under this Section are not valid unless the |
24 | | candidate
named therein files with the county clerk or the |
25 | | county board of election commissioners, as the case may be, of |
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1 | | the county in which the principal office of the school district |
2 | | is located secretary of the board of education a receipt
from |
3 | | the county clerk showing that the candidate has filed a |
4 | | statement of
economic interests as required by the Illinois |
5 | | Governmental Ethics Act.
Such receipt shall be so filed either |
6 | | previously during the calendar year
in which his nomination |
7 | | papers were filed or within the period for the filing
of |
8 | | nomination papers in accordance with the general election law.
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9 | | (b) Notwithstanding the foregoing, any special charter |
10 | | district whose board
is appointed by the mayor or other |
11 | | corporate authority of that municipality
may, by resolution |
12 | | adopted by the corporate authorities of that municipality
cease |
13 | | to control its school under the Act under which it was |
14 | | organized,
become a part of the school township or townships in |
15 | | which it is situated
and become organized under the general |
16 | | school law. If such a resolution
is adopted, the board of |
17 | | education shall continue to exercise its powers
and duties |
18 | | under the general school law. Each member of the board of |
19 | | education
selected under the provisions of the special charter |
20 | | shall continue in office
until his term has expired. Before the |
21 | | term of each of these members expires,
the board shall give |
22 | | notice of an election to be held on the date of the
next |
23 | | regular school election, in accordance with the general |
24 | | election law
to fill the vacancy which is created.
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25 | | (Source: P.A. 91-357, eff. 7-29-99.)
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1 | | (105 ILCS 5/32-2.5) (from Ch. 122, par. 32-2.5)
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2 | | Sec. 32-2.5. Election of board of education in lieu of |
3 | | appointive board. In all special charter districts having a |
4 | | population of over 35,000 by the
last federal census, where the |
5 | | board of directors or board of education
is elected or |
6 | | appointed by the city council of the city, of which school
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7 | | district such city may form the whole or a part, and where |
8 | | there are no
provisions in the special charter creating such |
9 | | school district for the
election of a board of directors or |
10 | | board of education, there shall be elected
in lieu of the |
11 | | present governing body a board of education to consist of
7 |
12 | | members. Nomination of a candidate for member of the board of |
13 | | education
shall be made by petitions signed in the aggregate by |
14 | | not less than 200
qualified voters residing in the school |
15 | | district, and also by filing with
the petitions a statement of |
16 | | candidacy as provided in the general election
law, which |
17 | | petitions and statements
of candidacy shall be filed in the |
18 | | office of the board of education in
accordance with the general |
19 | | election law.
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20 | | Nomination papers filed under this Section are not valid |
21 | | unless the candidate
named therein files with the county clerk |
22 | | or the county board of election commissioners, as the case may |
23 | | be, of the county in which the principal office of the school |
24 | | district is located secretary of the board of education a |
25 | | receipt
from the county clerk showing that the candidate has |
26 | | filed a statement of
economic interests as required by the |
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1 | | Illinois Governmental Ethics Act.
Such receipt shall be so |
2 | | filed either previously during the calendar year
in which his |
3 | | nomination papers were filed or within the period for the |
4 | | filing
of nomination papers in accordance with the general |
5 | | election law.
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6 | | The county clerk or the county board of election |
7 | | commissioners secretary of the board shall make certification |
8 | | to the proper election
authority in accordance with the general |
9 | | election law.
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10 | | (Source: P.A. 81-1490.)
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11 | | Section 30. The Fox Waterway Agency Act is amended by |
12 | | changing Section 5 as follows:
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13 | | (615 ILCS 90/5) (from Ch. 19, par. 1205)
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14 | | Sec. 5. The Agency shall be governed by a Board of |
15 | | Directors, which
shall consist of 6 directors and one chairman |
16 | | elected pursuant to this Section.
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17 | | Three directors shall be elected from within the territory |
18 | | of each
member county. Any resident
of a member county and the |
19 | | territory of the Agency, at least 18 years
of age, may become a |
20 | | candidate for
election as a director by filing a nominating |
21 | | petition
with the State Board of Elections containing the |
22 | | verified
signatures of at least 200 of the registered
voters of |
23 | | such county who reside within the territory of the Agency.
Such |
24 | | petition shall be filed not more than 113 78 nor
less than 106 |
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1 | | 71 days prior to the date of election.
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2 | | The chairman shall be elected at large from the territory |
3 | | of the Agency.
Any person eligible to become a candidate for |
4 | | election as director may become
a candidate for election as |
5 | | chairman by filing a nominating petition with
the State Board |
6 | | of Elections containing the
verified signatures of at least 200 |
7 | | of the
registered voters of each member county who reside |
8 | | within the territory
of the Agency. Such petition shall be |
9 | | filed
not more than 113 78 nor less than 106 71 days prior to |
10 | | the date of the election.
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11 | | Within
7 days after each consolidated election at which the |
12 | | chairman is
elected, the county clerk of each member county |
13 | | shall transmit the returns
for the election to the office of |
14 | | chairman
to the
State Board of Elections.
The State Board of |
15 | | Elections shall immediately canvass the returns
and proclaim |
16 | | the results thereof and shall issue a certificate of election
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17 | | to the person so elected.
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18 | | Beginning in 1985, the directors and chairman shall be |
19 | | elected at the
consolidated election and shall serve from the |
20 | | third Monday in May
following their respective elections until |
21 | | their respective successors are
elected and qualified. The term |
22 | | of office of a director shall be for 4
years, except that of |
23 | | the directors elected at the consolidated election of
1985, 3 |
24 | | shall serve until the first Monday in May 1987 and 3
shall |
25 | | serve until the first Monday in May 1989. The term of office
of |
26 | | a chairman shall be 4 years.
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1 | | At least 90 days before the consolidated election of 1985 |
2 | | the State Board
of Elections shall meet to determine by lot |
3 | | which 3 director positions
shall be elected for terms to expire |
4 | | on the first Monday in May 1987 and
which 3 director positions |
5 | | shall be elected for terms to expire on the
first Monday in May |
6 | | 1989. At least one director position from each member
county |
7 | | shall be elected for a term to expire on the first Monday in |
8 | | May 1987.
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9 | | The county clerks of the member counties shall provide |
10 | | notice of each
election for chairman and director
in the manner |
11 | | prescribed in Article 12 of The Election Code, with the
notice |
12 | | of the elections to be held at the consolidated election of |
13 | | 1985 to
include a statement as to whether the director is to be |
14 | | elected for a term of
2 years or for a term of 4 years.
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15 | | A chairman shall be elected at the consolidated election of |
16 | | 1985 and at
each consolidated election every 4 years |
17 | | thereafter. Six directors shall be
elected at the consolidated |
18 | | election of 1985. At the consolidated election
of 1987, and at |
19 | | each consolidated election every 4 years thereafter,
directors |
20 | | shall be elected from the constituencies of the directors who
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21 | | were elected at the consolidated election of 1985 and whose |
22 | | terms expired on
the first Monday in May 1987. At the |
23 | | consolidated election of 1989, and at
each consolidated |
24 | | election every 4 years thereafter, directors shall be
elected |
25 | | from the constituencies of the directors who were elected at |
26 | | the
consolidated election of 1985 and whose terms expired on |
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1 | | the first Monday in May 1989.
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2 | | Vacancies in the office of director or chairman shall be |
3 | | filled by the
remaining members of the Board, who shall appoint |
4 | | to fill the vacated
office for the remainder of the term of |
5 | | such office an individual who would
be eligible for election to |
6 | | such office.
If, however, a vacancy occurs in the office of |
7 | | chairman or director
with at least 28 months remaining in the |
8 | | term of such office, the office
shall be filled for the |
9 | | remainder of the term at the next consolidated
election. Until |
10 | | the office is filled by election, the remaining members of
the |
11 | | Board shall appoint a qualified person to the office in the |
12 | | manner provided
in this Section.
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13 | | (Source: P.A. 93-847, eff. 7-30-04.)
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14 | | Section 35. The Illinois Vehicle Code is amended by |
15 | | changing Section 6-110.1 as follows:
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16 | | (625 ILCS 5/6-110.1)
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17 | | Sec. 6-110.1. Confidentiality of captured photographs or |
18 | | images. The
Secretary of State shall maintain a file on or |
19 | | contract to file all photographs
and signatures obtained in the |
20 | | process of issuing a driver's license, permit,
or |
21 | | identification card. The photographs and signatures shall be |
22 | | confidential
and shall not be disclosed except to the following |
23 | | persons:
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24 | | (1) the individual upon written request;
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1 | | (2) officers and employees of the Secretary of State |
2 | | who have a need
to have access to the stored images for |
3 | | purposes of issuing and controlling
driver's licenses, |
4 | | permits, or identification cards;
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5 | | (3) law enforcement officials for a lawful civil or |
6 | | criminal
law enforcement investigation; or
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7 | | (3-5) the State Board of Elections for the sole purpose |
8 | | of providing the signatures required by a local election |
9 | | authority to register a voter through an online voter |
10 | | registration system; or
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11 | | (4) other entities that the Secretary may exempt by |
12 | | rule.
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13 | | (Source: P.A. 92-16, eff. 6-28-01.)
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14 | | Section 97. Severability. The provisions of this Act are |
15 | | severable under Section 1.31 of the Statute on Statutes. |
16 | | Section 99. Effective date. This Act takes effect upon |
17 | | becoming law, except that the changes made to Sections 1A-16, |
18 | | 4-8, 4-10, 4-12, 4-15, 5-7, 5-9, 5-15, 5-21, 6-29, 6-35, 6-40, |
19 | | and 6-57 of the Election Code take effect on October 1, 2013.".
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