Sen. Don Harmon

Filed: 5/28/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2418

2    AMENDMENT NO. ______. Amend House Bill 2418 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 1A-16, 1A-16.5, 1A-25, 4-8, 4-10, 4-12, 4-15, 4-33,
64-50, 5-7, 5-9, 5-15, 5-21, 5-43, 5-50, 6-29, 6-35, 6-40, 6-57,
76-79, 6-100, 6A-1, 6A-2, 6A-3, 6A-4, 7-10, 7-19, 7-46, 7-52,
87-53, 8-9, 9-1.8, 9-9.5, 9-8.5, 10-6.2, 10-7, 10-9, 10-10,
917-23, 18A-15, 19-2, 19-3, 19-2.1, 19-4, 19-7, 19A-15, 19A-70,
1022-6, 24A-16, and 28-8 and by adding Sections 1-12, 6-19.5,
117-60.2, 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
14election authority shall, in addition to the early voting
15conducted at locations otherwise required by law, conduct early
16voting in a high traffic location on the campus of a public

 

 

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1university within the election authority's jurisdiction. For
2the purposes of this Section, "public university" means the
3University of Illinois at its campuses in Urbana-Champaign and
4Springfield, Southern Illinois University at its campuses in
5Carbondale and Edwardsville, Eastern Illinois University,
6Illinois State University, Northern Illinois University, and
7Western Illinois University at its campuses in Macomb and
8Moline. The voting required by this Section to be conducted on
9campus must be conducted as otherwise required by Article 19A
10of this Code. If an election authority has voting equipment
11that can accommodate a ballot in every form required in the
12election authority's jurisdiction, then the election authority
13shall extend early voting under this Section to any registered
14voter in the election authority's jurisdiction. However, if the
15election authority does not have voting equipment that can
16accommodate a ballot in every form required in the election
17authority's jurisdiction, then the election authority may
18limit early voting under this Section to registered voters in
19precincts where the public university is located and precincts
20bordering the university. Each public university shall make the
21space available in a high traffic area for, and cooperate and
22coordinate with the appropriate election authority in, the
23implementation of this Section.
 
24    (10 ILCS 5/1A-16)
25    Sec. 1A-16. Voter registration information; internet

 

 

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1posting; processing of voter registration forms; content of
2such forms. Notwithstanding any law to the contrary, the
3following provisions shall apply to voter registration under
4this Code.
5    (a) Voter registration information; Internet posting of
6voter registration form. Within 90 days after the effective
7date of this amendatory Act of the 93rd General Assembly, the
8State Board of Elections shall post on its World Wide Web site
9the following information:
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.
13        (2) A schedule of upcoming elections and the deadline
14    for voter registration.
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.
20Any forms described under paragraph (3) must state the
21following:
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
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
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.
8    (b) Acceptance of registration forms by the State Board of
9Elections and county clerks and board of election
10commissioners. The State Board of Elections, county clerks, and
11board of election commissioners shall accept all completed
12voter registration forms described in subsection (a)(3) of this
13Section and Sections 1A-17 and 1A-30 that are:
14        (1) postmarked on or before the day that voter
15    registration is closed under the Election Code;
16        (2) not postmarked, but arrives no later than 5 days
17    after the close of registration;
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
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.
25    Upon the receipt of a registration form, the State Board of
26Elections shall mark the date on which the form was received

 

 

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1and send the form via first class mail to the appropriate
2county clerk or board of election commissioners, as the case
3may be, within 2 business days based upon the home address of
4the person submitting the registration form. The county clerk
5and board of election commissioners shall accept and process
6any form received from the State Board of Elections.
7    (c) Processing of registration forms by county clerks and
8boards of election commissioners. The county clerk or board of
9election commissioners shall promulgate procedures for
10processing the voter registration form.
11    (d) Contents of the voter registration form. The State
12Board shall create a voter registration form, which must
13contain the following content:
14        (1) Instructions for completing the form.
15        (2) A summary of the qualifications to register to vote
16    in Illinois.
17        (3) Instructions for mailing in or submitting the form
18    in person.
19        (4) The phone number for the State Board of Elections
20    should a person submitting the form have questions.
21        (5) A box for the person to check that explains one of
22    3 reasons for submitting the form:
23            (a) new registration;
24            (b) change of address; or
25            (c) change of name.
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.".
6        (7) A space for the person to fill in his or her home
7    telephone number.
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.
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.
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.
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.
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.
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.
2        (14) A space where the person swears or affirms the
3    following under penalty of perjury with his or her
4    signature:
5            (a) "I am a citizen of the United States.";
6            (b) "I will be at least 18 years old on or before
7        the next election.";
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
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."
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.
20The voter registration form described in this Section shall be
21consistent with the form prescribed by the Federal Election
22Commission under the National Voter Registration Act of 1993,
23P.L. 103-31, as amended from time to time, and the Help America
24Vote Act of 2002, P.L. 107-252, in all relevant respects. The
25State Board of Elections shall periodically update the form
26based on changes to federal or State law. The State Board of

 

 

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1Elections shall promulgate any rules necessary for the
2implementation of this Section; provided that the rules comport
3with the letter and spirit of the National Voter Registration
4Act of 1993 and Help America Vote Act of 2002 and maximize the
5opportunity for a person to register to vote.
6    (e) Forms available in paper form. The State Board of
7Elections shall make the voter registration form available in
8regular paper stock and form in sufficient quantities for the
9general public. The State Board of Elections may provide the
10voter registration form to the Secretary of State, county
11clerks, boards of election commissioners, designated agencies
12of the State of Illinois, and any other person or entity
13designated to have these forms by the Election Code in regular
14paper stock and form or some other format deemed suitable by
15the Board. Each county clerk or board of election commissioners
16has the authority to design and print its own voter
17registration form so long as the form complies with the
18requirements of this Section. The State Board of Elections,
19county clerks, boards of election commissioners, or other
20designated agencies of the State of Illinois required to have
21these forms under the Election Code shall provide a member of
22the public with any reasonable number of forms that he or she
23may request. Nothing in this Section shall permit the State
24Board of Elections, county clerk, board of election
25commissioners, or other appropriate election official who may
26accept a voter registration form to refuse to accept a voter

 

 

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1registration form because the form is printed on photocopier or
2regular paper stock and form.
3    (f) (Blank). Internet voter registration study. The State
4Board of Elections shall investigate the feasibility of
5offering voter registration on its website and consider voter
6registration methods of other states in an effort to maximize
7the opportunity for all Illinois citizens to register to vote.
8The State Board of Elections shall assemble its findings in a
9report and submit it to the General Assembly no later than
10January 1, 2006. The report shall contain legislative
11recommendations to the General Assembly on improving voter
12registration in Illinois.
13(Source: P.A. 94-492, eff. 1-1-06; 94-645, eff. 8-22-05;
1495-331, eff. 8-21-07.)
 
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
18maintain a system for online voter registration that permits a
19person to apply to register to vote or to update his or her
20existing voter registration. In accordance with technical
21specifications provided by the State Board of Elections, each
22election authority shall maintain a voter registration system
23capable of receiving and processing voter registration
24application information, including electronic signatures, from
25the online voter registration system established by the State

 

 

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1Board of Elections.
2    (b) The online voter registration system shall employ
3security measures to ensure the accuracy and integrity of voter
4registration applications submitted electronically pursuant to
5this Section.
6    (c) The Board may receive voter registration information
7provided by applicants using the State Board of Elections'
8website, may cross reference that information with data or
9information contained in the Secretary of State's database in
10order to match the information submitted by applicants, and may
11receive from the Secretary of State the applicant's digitized
12signature upon a successful match of that applicant's
13information with that contained in the Secretary of State's
14database.
15    (d) Notwithstanding any other provision of law, a person
16who is qualified to register to vote and who has an authentic
17Illinois driver's license or State identification card issued
18by the Secretary of State may submit an application to register
19to vote electronically on a website maintained by the State
20Board of Elections.
21    (e) An online voter registration application shall contain
22all of the information that is required for a paper application
23as provided in Section 1A-16 of this Code, except that the
24applicant 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
6registration to be accepted, the applicant shall mark the box
7associated with the following statement included as part of the
8online voter registration application:
9    "By clicking on the box below, I swear or affirm all of the
10following:
11    "(1) I am the person whose name and identifying information
12is provided on this form, and I desire to register to vote in
13the State of Illinois.
14    "(2) All the information I have provided on this form is
15true and correct as of the date I am submitting this form.
16    "(3) I authorize the Secretary of State to transmit to the
17State Board of Elections my signature that is on file with the
18Secretary of State and understand that such signature will be
19used by my local election authority on this online voter
20registration application for admission as an elector as if I
21had signed this form personally.".
22    (g) Immediately upon receiving a completed online voter
23registration application, the online voter registration system
24shall send, by electronic mail, a confirmation notice that the
25application has been received. Within 48 hours of receiving
26such an application, the online voter registration system shall

 

 

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1send by electronic mail, a notice informing the applicant of
2whether the following information has been matched with the
3Secretary 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
21the information on the Secretary of State's databases for any
22driver's license and State identification card holder and is
23matched as provided in subsection (g) above, the online voter
24registration 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
18application, the county clerk or board of election
19commissioners having jurisdiction over the applicant's voter
20registration shall promptly search its voter registration
21database to determine whether the applicant is already
22registered to vote at the address on the application and
23whether the new registration would create a duplicate
24registration. If the applicant is already registered to vote at
25the address on the application, the clerk or board, as the case
26may be, shall send the applicant by first class mail, and

 

 

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1electronic mail if the applicant has provided an electronic
2mail address on the original voter registration form for that
3address, a disposition notice as otherwise required by law
4informing the applicant that he or she is already registered to
5vote at such address. If the applicant is not already
6registered to vote at the address on the application and the
7applicant is otherwise eligible to register to vote, the clerk
8or 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
18duplicate registration application or a change of address form
19that is retrieved and imported from the Secretary of State's
20driver's license or State identification card database as
21provided herein may, in the discretion of the clerk or board,
22be substituted for and replace any existing signature for that
23individual in the voter registration database of the county
24clerk or board of election commissioners.
25    (k) Any new registration or change of address submitted
26electronically as provided in this Section shall become

 

 

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1effective as of the date it is received by the county clerk or
2board of election commissioners having jurisdiction over said
3registration. Disposition notices prescribed in this Section
4shall be sent within 5 business days of receipt of the online
5application or change of address by the county clerk or board
6of election commissioners.
7    (l) All provisions of this Code governing voter
8registration and applicable thereto and not inconsistent with
9this Section shall apply to online voter registration under
10this Section. All applications submitted on a website
11maintained by the State Board of Elections shall be deemed
12timely filed if they are submitted no later than 11:59 p.m. on
13the final day for voter registration prior to an election.
14After the registration period for an upcoming election has
15ended and until the 2nd day following such election, the web
16page containing the online voter registration form on the State
17Board of Elections website shall inform users of the procedure
18for grace period voting.
19    (m) The State Board of Elections shall maintain a list of
20the name, street address, e-mail address, and likely precinct,
21ward, township, and district numbers, as the case may be, of
22people who apply to vote online through the voter registration
23system and those names and that information shall be stored in
24an electronic format on its website, arranged by county and
25accessible to State and local political committees.
26    (n) The Illinois State Board of Elections shall submit a

 

 

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1report to the General Assembly and the Governor by January 31,
22014 detailing the progress made to implement the online voter
3registration system described in this Section.
4    (o) The online voter registration system provided for in
5this Section shall be fully operational by July 1, 2014.
 
6    (10 ILCS 5/1A-25)
7    Sec. 1A-25. Centralized statewide voter registration list.
8The centralized statewide voter registration list required by
9Title III, Subtitle A, Section 303 of the Help America Vote Act
10of 2002 shall be created and maintained by the State Board of
11Elections 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.
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.
8        (3) The centralized statewide voter registration list
9    shall:
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.
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.
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.
3    To protect the privacy and confidentiality of voter
4registration information, the disclosure of any portion of the
5centralized statewide voter registration list to any person or
6entity other than to a State or local political committee and
7other than to a governmental entity for a governmental purpose
8is specifically prohibited except as follows: subject to
9security measures adopted by the State Board of Elections
10which, at a minimum, shall include the keeping of a catalog or
11database, available for public view, including the name,
12address, and telephone number of the person viewing the list as
13well as the time of that viewing, any person may view the list
14on a computer screen at the Springfield office of the State
15Board of Elections, during normal business hours other than
16during the 27 days before an election, but the person viewing
17the list under this exception may not print, duplicate,
18transmit, or alter the list.
19(Source: P.A. 94-136, eff. 7-7-05; 94-645, eff. 8-22-05;
2095-331, 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
23number of blank forms for the registration of electors, which
24shall be known as registration record cards and which shall
25consist of loose leaf sheets or cards, of suitable size to

 

 

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1contain in plain writing and figures the data hereinafter
2required thereon or shall consist of computer cards of suitable
3nature to contain the data required thereon. The registration
4record cards, which shall include an affidavit of registration
5as hereinafter provided, shall be executed in duplicate.
6    The registration record card shall contain the following
7and such other information as the county clerk may think it
8proper to require for the identification of the applicant for
9registration:
10    Name. The name of the applicant, giving surname and first
11or Christian name in full, and the middle name or the initial
12for such middle name, if any.
13    Sex.
14    Residence. The name and number of the street, avenue, or
15other location of the dwelling, including the apartment, unit
16or room number, if any, and in the case of a mobile home the lot
17number, and such additional clear and definite description as
18may be necessary to determine the exact location of the
19dwelling of the applicant. Where the location cannot be
20determined by street and number, then the section,
21congressional township and range number may be used, or such
22other description as may be necessary, including post-office
23mailing address. In the case of a homeless individual, the
24individual's voting residence that is his or her mailing
25address shall be included on his or her registration record
26card.

 

 

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1    Term of residence in the State of Illinois and precinct.
2This information shall be furnished by the applicant stating
3the place or places where he resided and the dates during which
4he resided in such place or places during the year next
5preceding the date of the next ensuing election.
6    Nativity. The state or country in which the applicant was
7born.
8    Citizenship. Whether the applicant is native born or
9naturalized. If naturalized, the court, place, and date of
10naturalization.
11    Date of application for registration, i.e., the day, month
12and 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
15of registration, which would require assistance in voting.
16    The county and state in which the applicant was last
17registered.
18    Electronic mail address, if any.
19    Signature of voter. The applicant, after the registration
20and in the presence of a deputy registrar or other officer of
21registration shall be required to sign his or her name in ink
22to the affidavit on both the original and duplicate
23registration record cards.
24    Signature of deputy registrar or officer of registration.
25    In case applicant is unable to sign his name, he may affix
26his mark to the affidavit. In such case the officer empowered

 

 

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1to give the registration oath shall write a detailed
2description of the applicant in the space provided on the back
3or at the bottom of the card or sheet; and shall ask the
4following 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
10substantially the following form:
11
AFFIDAVIT OF REGISTRATION
12STATE OF ILLINOIS
13COUNTY OF .......
14    I hereby swear (or affirm) that I am a citizen of the
15United States; that on the date of the next election I shall
16have resided in the State of Illinois and in the election
17precinct in which I reside 30 days and that I intend that this
18location shall be my residence; that I am fully qualified to
19vote, 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..................................
24Signature of registration officer.
25(To be signed in presence of registrant.)
 

 

 

09800HB2418sam002- 22 -LRB098 07643 HLH 46537 a

1    Space shall be provided upon the face of each registration
2record card for the notation of the voting record of the person
3registered thereon.
4    Each registration record card shall be numbered according
5to precincts, and may be serially or otherwise marked for
6identification in such manner as the county clerk may
7determine.
8    The registration cards shall be deemed public records and
9shall be open to inspection during regular business hours,
10except during the 27 days immediately preceding any election.
11On written request of any candidate or objector or any person
12intending to object to a petition, the election authority shall
13extend its hours for inspection of registration cards and other
14records of the election authority during the period beginning
15with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1628-3 and continuing through the termination of electoral board
17hearings on any objections to petitions containing signatures
18of registered voters in the jurisdiction of the election
19authority. The extension shall be for a period of hours
20sufficient to allow adequate opportunity for examination of the
21records but the election authority is not required to extend
22its hours beyond the period beginning at its normal opening for
23business and ending at midnight. If the business hours are so
24extended, the election authority shall post a public notice of
25such extended hours. Registration record cards may also be
26inspected, upon approval of the officer in charge of the cards,

 

 

09800HB2418sam002- 23 -LRB098 07643 HLH 46537 a

1during the 27 days immediately preceding any election.
2Registration record cards shall also be open to inspection by
3certified judges and poll watchers and challengers at the
4polling place on election day, but only to the extent necessary
5to determine the question of the right of a person to vote or
6to serve as a judge of election. At no time shall poll watchers
7or challengers be allowed to physically handle the registration
8record cards.
9    Updated copies of computer tapes or computer discs or other
10electronic data processing information containing voter
11registration information shall be furnished by the county clerk
12within 10 days after December 15 and May 15 each year and
13within 10 days after each registration period is closed to the
14State Board of Elections in a form prescribed by the Board. For
15the purposes of this Section, a registration period is closed
1627 days before the date of any regular or special election.
17Registration information shall include, but not be limited to,
18the following information: name, sex, residence, telephone
19number, if any, age, party affiliation, if applicable,
20precinct, ward, township, county, and representative,
21legislative and congressional districts. In the event of
22noncompliance, the State Board of Elections is directed to
23obtain compliance forthwith with this nondiscretionary duty of
24the election authority by instituting legal proceedings in the
25circuit court of the county in which the election authority
26maintains the registration information. The costs of

 

 

09800HB2418sam002- 24 -LRB098 07643 HLH 46537 a

1furnishing updated copies of tapes or discs shall be paid at a
2rate of $.00034 per name of registered voters in the election
3jurisdiction, but not less than $50 per tape or disc and shall
4be paid from appropriations made to the State Board of
5Elections for reimbursement to the election authority for such
6purpose. The State Board shall furnish copies of such tapes,
7discs, other electronic data or compilations thereof to state
8political committees registered pursuant to the Illinois
9Campaign Finance Act or the Federal Election Campaign Act and
10to governmental entities, at their request and at a reasonable
11cost. To protect the privacy and confidentiality of voter
12registration information, the disclosure of electronic voter
13registration records to any person or entity other than to a
14State or local political committee and other than to a
15governmental entity for a governmental purpose is specifically
16prohibited except as follows: subject to security measures
17adopted by the State Board of Elections which, at a minimum,
18shall include the keeping of a catalog or database, available
19for public view, including the name, address, and telephone
20number of the person viewing the list as well as the time of
21that viewing, any person may view the centralized statewide
22voter registration list on a computer screen at the Springfield
23office of the State Board of Elections, during normal business
24hours other than during the 27 days before an election, but the
25person viewing the list under this exception may not print,
26duplicate, transmit, or alter the list. Copies of the tapes,

 

 

09800HB2418sam002- 25 -LRB098 07643 HLH 46537 a

1discs, or other electronic data shall be furnished by the
2county clerk to local political committees and governmental
3entities at their request and at a reasonable cost. Reasonable
4cost of the tapes, discs, et cetera for this purpose would be
5the cost of duplication plus 15% for administration. The
6individual representing a political committee requesting
7copies of such tapes shall make a sworn affidavit that the
8information shall be used only for bona fide political
9purposes, including by or for candidates for office or
10incumbent office holders. Such tapes, discs or other electronic
11data shall not be used under any circumstances by any political
12committee or individuals for purposes of commercial
13solicitation or other business purposes. If such tapes contain
14information on county residents related to the operations of
15county government in addition to registration information,
16that information shall not be used under any circumstances for
17commercial solicitation or other business purposes. The
18prohibition in this Section against using the computer tapes or
19computer discs or other electronic data processing information
20containing voter registration information for purposes of
21commercial solicitation or other business purposes shall be
22prospective only from the effective date of this amended Act of
231979. Any person who violates this provision shall be guilty of
24a Class 4 felony.
25    The State Board of Elections shall promulgate, by October
261, 1987, such regulations as may be necessary to ensure

 

 

09800HB2418sam002- 26 -LRB098 07643 HLH 46537 a

1uniformity throughout the State in electronic data processing
2of voter registration information. The regulations shall
3include, but need not be limited to, specifications for uniform
4medium, communications protocol and file structure to be
5employed by the election authorities of this State in the
6electronic data processing of voter registration information.
7Each election authority utilizing electronic data processing
8of voter registration information shall comply with such
9regulations on and after May 15, 1988.
10    If the applicant for registration was last registered in
11another county within this State, he shall also sign a
12certificate authorizing cancellation of the former
13registration. The certificate shall be in substantially the
14following form:
15To the County Clerk of.... County, Illinois. (or)
16To 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 ............................
19Having moved out of your (county) (city), I hereby authorize
20you to cancel said registration in your office.
21Dated at ...., Illinois, on (insert date).
22
.................................
23
(Signature of Voter)
24Attest: ................,  County Clerk, .............
25County, Illinois.
26    The cancellation certificate shall be mailed immediately

 

 

09800HB2418sam002- 27 -LRB098 07643 HLH 46537 a

1by the County Clerk to the County Clerk (or election commission
2as the case may be) where the applicant was formerly
3registered. Receipt of such certificate shall be full authority
4for cancellation of any previous registration.
5(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04;
694-136, 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
9registered, unless he applies in person to a registration
10officer, answers such relevant questions as may be asked of him
11by the registration officer, and executes the affidavit of
12registration. The registration officer shall require the
13applicant to furnish two forms of identification, and except in
14the case of a homeless individual, one of which must include
15his or her residence address. These forms of identification
16shall include, but not be limited to, any of the following:
17driver's license, social security card, public aid
18identification card, utility bill, employee or student
19identification card, lease or contract for a residence, credit
20card, or a civic, union or professional association membership
21card. The registration officer shall require a homeless
22individual to furnish evidence of his or her use of the mailing
23address stated. This use may be demonstrated by a piece of mail
24addressed to that individual and received at that address or by
25a statement from a person authorizing use of the mailing

 

 

09800HB2418sam002- 28 -LRB098 07643 HLH 46537 a

1address. The registration officer shall require each applicant
2for registration to read or have read to him the affidavit of
3registration before permitting him to execute the affidavit.
4    One of the registration officers or a deputy registration
5officer, county clerk, or clerk in the office of the county
6clerk, shall administer to all persons who shall personally
7apply to register the following oath or affirmation:
8    "You do solemnly swear (or affirm) that you will fully and
9truly answer all such questions as shall be put to you touching
10your name, place of residence, place of birth, your
11qualifications as an elector and your right as such to register
12and vote under the laws of the State of Illinois."
13    The registration officer shall satisfy himself that each
14applicant for registration is qualified to register before
15registering him. If the registration officer has reason to
16believe that the applicant is a resident of a Soldiers' and
17Sailors' Home or any facility which is licensed or certified
18pursuant to the Nursing Home Care Act, the Specialized Mental
19Health Rehabilitation Act, or the ID/DD Community Care Act, the
20following question shall be put, "When you entered the home
21which is your present address, was it your bona fide intention
22to become a resident thereof?" Any voter of a township, city,
23village or incorporated town in which such applicant resides,
24shall be permitted to be present at the place of any precinct
25registration and shall have the right to challenge any
26applicant who applies to be registered.

 

 

09800HB2418sam002- 29 -LRB098 07643 HLH 46537 a

1    In case the officer is not satisfied that the applicant is
2qualified he shall forthwith notify such applicant in writing
3to appear before the county clerk to complete his registration.
4Upon the card of such applicant shall be written the word
5"incomplete" and no such applicant shall be permitted to vote
6unless such registration is satisfactorily completed as
7hereinafter provided. No registration shall be taken and marked
8as incomplete if information to complete it can be furnished on
9the date of the original application.
10    Any person claiming to be an elector in any election
11precinct and whose registration card is marked "Incomplete" may
12make and sign an application in writing, under oath, to the
13county clerk in substance in the following form:
14    "I do solemnly swear that I, ...., did on (insert date)
15make application to the board of registry of the .... precinct
16of the township of .... (or to the county clerk of .... county)
17and that said board or clerk refused to complete my
18registration as a qualified voter in said precinct. That I
19reside in said precinct, that I intend to reside in said
20precinct, and am a duly qualified voter of said precinct and am
21entitled to be registered to vote in said precinct at the next
22election.
23(Signature of applicant) ............................."
 
24    All such applications shall be presented to the county
25clerk or to his duly authorized representative by the

 

 

09800HB2418sam002- 30 -LRB098 07643 HLH 46537 a

1applicant, in person between the hours of 9:00 a.m. and 5:00
2p.m. on any day after the days on which the 1969 and 1970
3precinct re-registrations are held but not on any day within 27
4days preceding the ensuing general election and thereafter for
5the registration provided in Section 4-7 all such applications
6shall be presented to the county clerk or his duly authorized
7representative by the applicant in person between the hours of
89:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
9the ensuing general election. Such application shall be heard
10by the county clerk or his duly authorized representative at
11the time the application is presented. If the applicant for
12registration has registered with the county clerk, such
13application may be presented to and heard by the county clerk
14or by his duly authorized representative upon the dates
15specified above or at any time prior thereto designated by the
16county clerk.
17    Any otherwise qualified person who is absent from his
18county of residence either due to business of the United States
19or because he is temporarily outside the territorial limits of
20the United States may become registered by mailing an
21application to the county clerk within the periods of
22registration provided for in this Article, or by simultaneous
23application for absentee registration and absentee ballot as
24provided in Article 20 of this Code.
25    Upon receipt of such application the county clerk shall
26immediately mail an affidavit of registration in duplicate,

 

 

09800HB2418sam002- 31 -LRB098 07643 HLH 46537 a

1which affidavit shall contain the following and such other
2information as the State Board of Elections may think it proper
3to require for the identification of the applicant:
4    Name. The name of the applicant, giving surname and first
5or Christian name in full, and the middle name or the initial
6for such middle name, if any.
7    Sex.
8    Residence. The name and number of the street, avenue or
9other location of the dwelling, and such additional clear and
10definite description as may be necessary to determine the exact
11location of the dwelling of the applicant. Where the location
12cannot be determined by street and number, then the Section,
13congressional township and range number may be used, or such
14other information as may be necessary, including post office
15mailing address.
16    Electronic mail address, if the registrant has provided
17this information.
18    Term of residence in the State of Illinois and the
19precinct.
20    Nativity. The State or country in which the applicant was
21born.
22    Citizenship. Whether the applicant is native born or
23naturalized. If naturalized, the court, place and date of
24naturalization.
25    Age. Date of birth, by month, day and year.
26    Out of State address of ..........................

 

 

09800HB2418sam002- 32 -LRB098 07643 HLH 46537 a

1
AFFIDAVIT OF REGISTRATION
2State of ...........)  
3                   )ss
4County of ..........)
5    I hereby swear (or affirm) that I am a citizen of the
6United States; that on the day of the next election I shall
7have resided in the State of Illinois and in the election
8precinct 30 days; that I am fully qualified to vote, that I am
9not registered to vote anywhere else in the United States, that
10I intend to remain a resident of the State of Illinois and of
11the election precinct, that I intend to return to the State of
12Illinois, 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
16administer oaths, on (insert date).
17
........................................
18
Signature of officer administering oath.
19    Upon receipt of the executed duplicate affidavit of
20Registration, the county clerk shall transfer the information
21contained thereon to duplicate Registration Cards provided for
22in Section 4-8 of this Article and shall attach thereto a copy
23of each of the duplicate affidavit of registration and
24thereafter such registration card and affidavit shall
25constitute the registration of such person the same as if he
26had applied for registration in person.

 

 

09800HB2418sam002- 33 -LRB098 07643 HLH 46537 a

1(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
296-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
397-813, 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,
6village or incorporated town containing such precinct, and any
7precinct committeeman in the county, may, between the hours of
89:00 a.m. and 5:00 p.m. of Monday and Tuesday of the second
9week prior to the week in which the 1970 primary election for
10the nomination of candidates for State and county offices or
11any election thereafter is to be held, make application in
12writing, to the county clerk, to have any name upon the
13register of any precinct erased. Such application shall be, in
14substance, in the words and figures following:
15    "I being a qualified voter, registered from No. .... Street
16in the .... precinct of the .... ward of the city (village or
17town of) .... (or of the .... town of ....) do hereby solemnly
18swear (or affirm) that .... registered from No. .... Street is
19not a qualified voter in the .... precinct of .... ward of the
20city (village or town) of .... (or of the .... town of ....)
21and hence I ask that his name be erased from the register of
22such precinct for the following reason .....
23    Affiant further says that he has personal knowledge of the
24facts set forth in the above affidavit.
25
(Signed) .....

 

 

09800HB2418sam002- 34 -LRB098 07643 HLH 46537 a

1    Subscribed and sworn to before me on (insert date).
2
....
3
....
4
....."

 
5    Such application shall be signed and sworn to by the
6applicant before the county clerk or any deputy authorized by
7the county clerk for that purpose, and filed with said clerk.
8Thereupon notice of such application, and of the time and place
9of hearing thereon, with a demand to appear before the county
10clerk and show cause why his name shall not be erased from said
11register, shall be mailed, in an envelope duly stamped and
12directed to such person at the address upon said register, at
13least four days before the day fixed in said notice to show
14cause. If such person has provided the election authority with
15an e-mail address, then the election authority shall also send
16the same notice by electronic mail at least 4 days before the
17day fixed in said notice to show cause.
18    A like notice shall be mailed to the person or persons
19making the application to have the name upon such register
20erased to appear and show cause why said name should be erased,
21the notice to set out the day and hour of such hearing. If the
22voter making such application fails to appear before said clerk
23at the time set for the hearing as fixed in the said notice or
24fails to show cause why the name upon such register shall be
25erased, the application to erase may be dismissed by the county

 

 

09800HB2418sam002- 35 -LRB098 07643 HLH 46537 a

1clerk.
2    Any voter making the application is privileged from arrest
3while presenting it to the county clerk, and while going to and
4from 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
8transfers his registration with at the office of the election
9authority county clerk, such election authority clerk shall
10send by mail, and by electronic mail if the registrant has
11provided the election authority with an e-mail address, a
12certificate to such person setting forth the elector's name and
13address as it appears upon the registration record card, and
14shall request him in case of any error to present the
15certificate on or before the 7th day next ensuing at the office
16of the election authority county clerk in order to secure
17correction of the error. The certificate shall contain on the
18outside a request for the postmaster to return it within 5 days
19if it cannot be delivered to the addressee at the address given
20thereon. Upon the return by the post office of a certificate
21which it has been unable to deliver at the given address
22because the addressee cannot be found there or because no such
23address exists, a notice shall be at once sent through the
24United States mail to such person at the address appearing upon
25his registration record card requiring him to appear before the

 

 

09800HB2418sam002- 36 -LRB098 07643 HLH 46537 a

1election authority county clerk, within 5 days, to answer
2questions touching his right to register. If the person
3notified fails to appear at the election authority's county
4clerk's office within 5 days as directed or if he appears and
5fails to prove his right to register, the election authority
6county clerk shall mark his registration card as incomplete and
7he shall not be permitted to vote until his registration is
8satisfactorily completed.
9    If an elector possesses such a certificate valid on its
10face, if his name does not expressly appear to have been erased
11or withdrawn from the precinct list as corrected and revised as
12provided by Section 4-11 of this Article, if he makes an
13affidavit and attaches such certificate thereto, and if such
14affidavit substantially in the form prescribed in Section 17-10
15of this Act is sworn to before a judge of election on suitable
16forms provided by the election authority county clerk for that
17purpose, such elector shall be permitted to vote even though
18his duplicate registration card is not to be found in the
19precinct binder and even though his name is not to be found
20upon 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
25registration record card that, except as otherwise provided in

 

 

09800HB2418sam002- 37 -LRB098 07643 HLH 46537 a

1this Section, shall be used in duplicate by all election
2authorities in the State adopting a computer-based voter
3registration file as provided in this Section. The Board shall
4prescribe the form and specifications, including but not
5limited to the weight of paper, color, and print of the cards.
6The cards shall contain boxes or spaces for the information
7required under Sections 4-8 and 4-21; provided that the cards
8shall also contain: (i) A space for a person to fill in his or
9her Illinois driver's license number if the person has a
10driver's license; (ii) A space for a person without a driver's
11license to fill in the last four digits of his or her social
12security number if the person has a social security number.
13    (b) The election authority may develop and implement a
14system to prepare, use, and maintain a computer-based voter
15registration file that includes a computer-stored image of the
16signature of each voter. The computer-based voter registration
17file may be used for all purposes for which the original
18registration cards are to be used, provided that a system for
19the storage of at least one copy of the original registration
20cards remains in effect. In the case of voter registration
21forms received via an online voter registration system, the
22original registration cards will include the signature
23received from the Secretary of State database. The electronic
24file shall be the master file.
25    (c) Any system created, used, and maintained under
26subsection (b) of this Section shall meet the following

 

 

09800HB2418sam002- 38 -LRB098 07643 HLH 46537 a

1standards:
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

 

 

09800HB2418sam002- 39 -LRB098 07643 HLH 46537 a

1    second calendar year following the election in which it was
2    used.
3    (d) Before the first election in which the election
4authority elects to use a voter list produced from the
5computer-stored images of the signatures of registered voters
6in a computer-based voter registration file for signature
7comparison in a polling place, the State Board of Elections
8shall certify that the system used by the election authority
9complies with the standards set forth in this Section. The
10State Board of Elections may request a sample poll list
11intended to be used in a polling place to test the accuracy of
12the list and the adequacy of the computer-stored images of the
13signatures of the registered voters.
14    (e) With respect to a jurisdiction that has copied all of
15its voter signatures into a computer-based registration file,
16all references in this Act or any other Act to the use, other
17than storage, of paper-based voter registration records shall
18be deemed to refer to their computer-based equivalents.
19    (f) Nothing in this Section prevents an election authority
20from submitting to the State Board of Elections a duplicate
21copy of some, as the State Board of Elections shall determine,
22or all of the data contained in each voter registration record
23that is part of the electronic master file. The duplicate copy
24of the registration record shall be maintained by the State
25Board of Elections under the same terms and limitations
26applicable to the election authority and shall be of equal

 

 

09800HB2418sam002- 40 -LRB098 07643 HLH 46537 a

1legal dignity with the original registration record maintained
2by the election authority as proof of any fact contained in the
3voter 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
7provision of this Code to the contrary, each election authority
8shall establish procedures for the registration of voters and
9for change of address during the period from the close of
10registration for a primary or election and until the 3rd day
11before the primary or election. During this grace period, an
12unregistered qualified elector may register to vote, and a
13registered voter may submit a change of address form, in person
14in the office of the election authority or at a voter
15registration location specifically designated for this purpose
16by the election authority. The election authority shall
17register that individual, or change a registered voter's
18address, in the same manner as otherwise provided by this
19Article for registration and change of address.
20    If a voter who registers or changes address during this
21grace period wishes to vote at the first election or primary
22occurring after the grace period, he or she must do so by grace
23period voting, either in person in the office of the election
24authority or at a location specifically designated for this
25purpose by the election authority, or by mail, at the

 

 

09800HB2418sam002- 41 -LRB098 07643 HLH 46537 a

1discretion of the election authority. The election authority
2shall offer in-person grace period voting at the authority's
3office and may offer in-person grace period voting at
4additional locations specifically designated for the purpose
5of grace period voting by the election authority. The election
6authority may allow grace period voting by mail only if the
7election authority has no ballots prepared at the authority's
8office. Grace period voting shall be in a manner substantially
9similar to voting under Article 19.
10    Within one day after a voter casts a grace period ballot,
11or within one day after the ballot is received by the election
12authority if the election authority allows grace period voting
13by mail, the election authority shall transmit by electronic
14means pursuant to a process established by the State Board of
15Elections the voter's name, street address, e-mail address, and
16precinct, ward, township, and district numbers, as the case may
17be, to the State Board of Elections, which shall maintain those
18names and that information in an electronic format on its
19website, arranged by county and accessible to State and local
20political committees. The name of each person issued a grace
21period ballot shall also be placed on the appropriate precinct
22list of persons to whom absentee and early ballots have been
23issued, for use as provided in Sections 17-9 and 18-5.
24    A person who casts a grace period ballot shall not be
25permitted to revoke that ballot and vote another ballot with
26respect to that primary or election. Ballots cast by persons

 

 

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1who register or change address during the grace period must be
2transmitted to and counted at the election authority's central
3ballot counting location and shall not be transmitted to and
4counted at precinct polling places. The grace period ballots
5determined to be valid shall be added to the vote totals for
6the precincts for which they were cast in the order in which
7the 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
11number of blank forms for the registration of electors which
12shall be known as registration record cards and which shall
13consist of loose leaf sheets or cards, of suitable size to
14contain in plain writing and figures the data hereinafter
15required thereon or shall consist of computer cards of suitable
16nature to contain the data required thereon. The registration
17record cards, which shall include an affidavit of registration
18as hereinafter provided, shall be executed in duplicate.
19    The registration record card shall contain the following
20and such other information as the county clerk may think it
21proper to require for the identification of the applicant for
22registration:
23    Name. The name of the applicant, giving surname and first
24or Christian name in full, and the middle name or the initial
25for such middle name, if any.

 

 

09800HB2418sam002- 43 -LRB098 07643 HLH 46537 a

1    Sex.
2    Residence. The name and number of the street, avenue, or
3other location of the dwelling, including the apartment, unit
4or room number, if any, and in the case of a mobile home the lot
5number, and such additional clear and definite description as
6may be necessary to determine the exact location of the
7dwelling of the applicant, including post-office mailing
8address. In the case of a homeless individual, the individual's
9voting residence that is his or her mailing address shall be
10included on his or her registration record card.
11    Term of residence in the State of Illinois and the
12precinct. Which questions may be answered by the applicant
13stating, in excess of 30 days in the State and in excess of 30
14days in the precinct.
15    Nativity. The State or country in which the applicant was
16born.
17    Citizenship. Whether the applicant is native born or
18naturalized. If naturalized, the court, place and date of
19naturalization.
20    Date of application for registration, i.e., the day, month
21and 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
24of registration, which would require assistance in voting.
25    The county and state in which the applicant was last
26registered.

 

 

09800HB2418sam002- 44 -LRB098 07643 HLH 46537 a

1    Electronic mail address, if any.
2    Signature of voter. The applicant, after the registration
3and in the presence of a deputy registrar or other officer of
4registration shall be required to sign his or her name in ink
5to the affidavit on the original and duplicate registration
6record card.
7    Signature of Deputy Registrar.
8    In case applicant is unable to sign his name, he may affix
9his mark to the affidavit. In such case the officer empowered
10to give the registration oath shall write a detailed
11description of the applicant in the space provided at the
12bottom of the card or sheet; and shall ask the following
13questions 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
19substantially the following form:
20
AFFIDAVIT OF REGISTRATION
21State of Illinois)
22                 )ss
23County of        )
24    I hereby swear (or affirm) that I am a citizen of the
25United States; that on the date of the next election I shall
26have resided in the State of Illinois and in the election

 

 

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1precinct in which I reside 30 days; that I am fully qualified
2to vote. That I intend that this location shall be my residence
3and 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
11record card for the notation of the voting record of the person
12registered thereon.
13    Each registration record card shall be numbered according
14to towns and precincts, wards, cities and villages, as the case
15may be, and may be serially or otherwise marked for
16identification in such manner as the county clerk may
17determine.
18    The registration cards shall be deemed public records and
19shall be open to inspection during regular business hours,
20except during the 27 days immediately preceding any election.
21On written request of any candidate or objector or any person
22intending to object to a petition, the election authority shall
23extend its hours for inspection of registration cards and other
24records of the election authority during the period beginning
25with the filing of petitions under Sections 7-10, 8-8, 10-6 or

 

 

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128-3 and continuing through the termination of electoral board
2hearings on any objections to petitions containing signatures
3of registered voters in the jurisdiction of the election
4authority. The extension shall be for a period of hours
5sufficient to allow adequate opportunity for examination of the
6records but the election authority is not required to extend
7its hours beyond the period beginning at its normal opening for
8business and ending at midnight. If the business hours are so
9extended, the election authority shall post a public notice of
10such extended hours. Registration record cards may also be
11inspected, upon approval of the officer in charge of the cards,
12during the 27 days immediately preceding any election.
13Registration record cards shall also be open to inspection by
14certified judges and poll watchers and challengers at the
15polling place on election day, but only to the extent necessary
16to determine the question of the right of a person to vote or
17to serve as a judge of election. At no time shall poll watchers
18or challengers be allowed to physically handle the registration
19record cards.
20    Updated copies of computer tapes or computer discs or other
21electronic data processing information containing voter
22registration information shall be furnished by the county clerk
23within 10 days after December 15 and May 15 each year and
24within 10 days after each registration period is closed to the
25State Board of Elections in a form prescribed by the Board. For
26the purposes of this Section, a registration period is closed

 

 

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127 days before the date of any regular or special election.
2Registration information shall include, but not be limited to,
3the following information: name, sex, residence, telephone
4number, if any, age, party affiliation, if applicable,
5precinct, ward, township, county, and representative,
6legislative and congressional districts. In the event of
7noncompliance, the State Board of Elections is directed to
8obtain compliance forthwith with this nondiscretionary duty of
9the election authority by instituting legal proceedings in the
10circuit court of the county in which the election authority
11maintains the registration information. The costs of
12furnishing updated copies of tapes or discs shall be paid at a
13rate of $.00034 per name of registered voters in the election
14jurisdiction, but not less than $50 per tape or disc and shall
15be paid from appropriations made to the State Board of
16Elections for reimbursement to the election authority for such
17purpose. The State Board shall furnish copies of such tapes,
18discs, other electronic data or compilations thereof to state
19political committees registered pursuant to the Illinois
20Campaign Finance Act or the Federal Election Campaign Act and
21to governmental entities, at their request and at a reasonable
22cost. To protect the privacy and confidentiality of voter
23registration information, the disclosure of electronic voter
24registration records to any person or entity other than to a
25State or local political committee and other than to a
26governmental entity for a governmental purpose is specifically

 

 

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1prohibited except as follows: subject to security measures
2adopted by the State Board of Elections which, at a minimum,
3shall include the keeping of a catalog or database, available
4for public view, including the name, address, and telephone
5number of the person viewing the list as well as the time of
6that viewing, any person may view the centralized statewide
7voter registration list on a computer screen at the Springfield
8office of the State Board of Elections, during normal business
9hours other than during the 27 days before an election, but the
10person viewing the list under this exception may not print,
11duplicate, transmit, or alter the list. Copies of the tapes,
12discs or other electronic data shall be furnished by the county
13clerk to local political committees and governmental entities
14at their request and at a reasonable cost. Reasonable cost of
15the tapes, discs, et cetera for this purpose would be the cost
16of duplication plus 15% for administration. The individual
17representing a political committee requesting copies of such
18tapes shall make a sworn affidavit that the information shall
19be used only for bona fide political purposes, including by or
20for candidates for office or incumbent office holders. Such
21tapes, discs or other electronic data shall not be used under
22any circumstances by any political committee or individuals for
23purposes of commercial solicitation or other business
24purposes. If such tapes contain information on county residents
25related to the operations of county government in addition to
26registration information, that information shall not be used

 

 

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1under any circumstances for commercial solicitation or other
2business purposes. The prohibition in this Section against
3using the computer tapes or computer discs or other electronic
4data processing information containing voter registration
5information for purposes of commercial solicitation or other
6business purposes shall be prospective only from the effective
7date of this amended Act of 1979. Any person who violates this
8provision shall be guilty of a Class 4 felony.
9    The State Board of Elections shall promulgate, by October
101, 1987, such regulations as may be necessary to ensure
11uniformity throughout the State in electronic data processing
12of voter registration information. The regulations shall
13include, but need not be limited to, specifications for uniform
14medium, communications protocol and file structure to be
15employed by the election authorities of this State in the
16electronic data processing of voter registration information.
17Each election authority utilizing electronic data processing
18of voter registration information shall comply with such
19regulations on and after May 15, 1988.
20    If the applicant for registration was last registered in
21another county within this State, he shall also sign a
22certificate authorizing cancellation of the former
23registration. The certificate shall be in substantially the
24following form:
25To the County Clerk of .... County, Illinois. To the Election
26Commission of the City of ...., Illinois.

 

 

09800HB2418sam002- 50 -LRB098 07643 HLH 46537 a

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
4authorize you to cancel said registration in your office.
5Dated at .... Illinois, on (insert date).
6
....................
7
(Signature of Voter)
8
Attest ......, County Clerk, ........ County, Illinois.
9    The cancellation certificate shall be mailed immediately
10by the county clerk to the county clerk (or election commission
11as the case may be) where the applicant was formerly
12registered. Receipt of such certificate shall be full authority
13for cancellation of any previous registration.
14(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04;
1594-136, 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
18registered unless he applies in person to registration officer,
19answers such relevant questions as may be asked of him by the
20registration officer, and executes the affidavit of
21registration. The registration officer shall require the
22applicant to furnish two forms of identification, and except in
23the case of a homeless individual, one of which must include
24his or her residence address. These forms of identification
25shall include, but not be limited to, any of the following:

 

 

09800HB2418sam002- 51 -LRB098 07643 HLH 46537 a

1driver's license, social security card, public aid
2identification card, utility bill, employee or student
3identification card, lease or contract for a residence, credit
4card, or a civic, union or professional association membership
5card. The registration officer shall require a homeless
6individual to furnish evidence of his or her use of the mailing
7address stated. This use may be demonstrated by a piece of mail
8addressed to that individual and received at that address or by
9a statement from a person authorizing use of the mailing
10address. The registration officer shall require each applicant
11for registration to read or have read to him the affidavit of
12registration before permitting him to execute the affidavit.
13    One of the Deputy Registrars, the Judge of Registration, or
14an Officer of Registration, County Clerk, or clerk in the
15office of the County Clerk, shall administer to all persons who
16shall personally apply to register the following oath or
17affirmation:
18    "You do solemnly swear (or affirm) that you will fully and
19truly answer all such questions as shall be put to you touching
20your place of residence, name, place of birth, your
21qualifications as an elector and your right as such to register
22and vote under the laws of the State of Illinois."
23    The Registration Officer shall satisfy himself that each
24applicant for registration is qualified to register before
25registering him. If the registration officer has reason to
26believe that the applicant is a resident of a Soldiers' and

 

 

09800HB2418sam002- 52 -LRB098 07643 HLH 46537 a

1Sailors' Home or any facility which is licensed or certified
2pursuant to the Nursing Home Care Act, the Specialized Mental
3Health Rehabilitation Act, or the ID/DD Community Care Act, the
4following question shall be put, "When you entered the home
5which is your present address, was it your bona fide intention
6to become a resident thereof?" Any voter of a township, city,
7village or incorporated town in which such applicant resides,
8shall be permitted to be present at the place of precinct
9registration, and shall have the right to challenge any
10applicant who applies to be registered.
11    In case the officer is not satisfied that the applicant is
12qualified, he shall forthwith in writing notify such applicant
13to appear before the County Clerk to furnish further proof of
14his qualifications. Upon the card of such applicant shall be
15written the word "Incomplete" and no such applicant shall be
16permitted to vote unless such registration is satisfactorily
17completed as hereinafter provided. No registration shall be
18taken and marked as "incomplete" if information to complete it
19can be furnished on the date of the original application.
20    Any person claiming to be an elector in any election
21precinct in such township, city, village or incorporated town
22and whose registration is marked "Incomplete" may make and sign
23an application in writing, under oath, to the County Clerk in
24substance in the following form:
25    "I do solemnly swear that I, .........., did on (insert
26date) make application to the Board of Registry of the ........

 

 

09800HB2418sam002- 53 -LRB098 07643 HLH 46537 a

1precinct of ........ ward of the City of .... or of the
2......... District ......... Town of .......... (or to the
3County Clerk of .............) and ............ County; that
4said Board or Clerk refused to complete my registration as a
5qualified voter in said precinct, that I reside in said
6precinct (or that I intend to reside in said precinct), am a
7duly qualified voter and entitled to vote in said precinct at
8the next election.
9
...........................
10
(Signature of Applicant)"
11    All such applications shall be presented to the County
12Clerk by the applicant, in person between the hours of nine
13o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
14the third week subsequent to the weeks in which the 1961 and
151962 precinct re-registrations are to be held, and thereafter
16for the registration provided in Section 5-17 of this Article,
17all such applications shall be presented to the County Clerk by
18the applicant in person between the hours of nine o'clock a.m.
19and nine o'clock p.m. on Monday and Tuesday of the third week
20prior to the date on which such election is to be held.
21    Any otherwise qualified person who is absent from his
22county of residence either due to business of the United States
23or because he is temporarily outside the territorial limits of
24the United States may become registered by mailing an
25application to the county clerk within the periods of
26registration provided for in this Article or by simultaneous

 

 

09800HB2418sam002- 54 -LRB098 07643 HLH 46537 a

1application for absentee registration and absentee ballot as
2provided in Article 20 of this Code.
3    Upon receipt of such application the county clerk shall
4immediately mail an affidavit of registration in duplicate,
5which affidavit shall contain the following and such other
6information as the State Board of Elections may think it proper
7to require for the identification of the applicant:
8    Name. The name of the applicant, giving surname and first
9or Christian name in full, and the middle name or the initial
10for such middle name, if any.
11    Sex.
12    Residence. The name and number of the street, avenue or
13other location of the dwelling, and such additional clear and
14definite description as may be necessary to determine the exact
15location of the dwelling of the applicant. Where the location
16cannot be determined by street and number, then the Section,
17congressional township and range number may be used, or such
18other information as may be necessary, including post office
19mailing address.
20    Electronic mail address, if the registrant has provided
21this information.
22    Term of residence in the State of Illinois and the
23precinct.
24    Nativity. The State or country in which the applicant was
25born.
26    Citizenship. Whether the applicant is native born or

 

 

09800HB2418sam002- 55 -LRB098 07643 HLH 46537 a

1naturalized. If naturalized, the court, place and date of
2naturalization.
3    Age. Date of birth, by month, day and year.
4    Out of State address of ..........................
5
AFFIDAVIT OF REGISTRATION
6State of .........)  
7                 )ss
8County of ........)
9    I hereby swear (or affirm) that I am a citizen of the
10United States; that on the day of the next election I shall
11have resided in the State of Illinois for 6 months and in the
12election precinct 30 days; that I am fully qualified to vote,
13that I am not registered to vote anywhere else in the United
14States, that I intend to remain a resident of the State of
15Illinois and of the election precinct, that I intend to return
16to the State of Illinois, and that the above statements are
17true.
18
..............................
19
(His or her signature or mark)
20    Subscribed and sworn to before me, an officer qualified to
21administer oaths, on (insert date).
22
........................................
23
Signature of officer administering oath.

 
24    Upon receipt of the executed duplicate affidavit of
25Registration, the county clerk shall transfer the information

 

 

09800HB2418sam002- 56 -LRB098 07643 HLH 46537 a

1contained thereon to duplicate Registration Cards provided for
2in Section 5-7 of this Article and shall attach thereto a copy
3of each of the duplicate affidavit of registration and
4thereafter such registration card and affidavit shall
5constitute the registration of such person the same as if he
6had applied for registration in person.
7    
8(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
996-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
1097-813, 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,
13village, or incorporated town containing such precinct, and any
14precinct committeeman in the county, may, between the hours of
15nine o'clock a.m. and six o'clock p.m. of the Monday and
16Tuesday of the third week immediately preceding the week in
17which such April 10, 1962 Primary Election is to be held, make
18application in writing, before such County Clerk, to have any
19name upon such register of any precinct erased. Thereafter such
20application shall be made between the hours of nine o'clock
21a.m. and six o'clock p.m. of Monday and Tuesday of the second
22week prior to the week in which any county, city, village,
23township, or incorporated town election is to be held. Such
24application shall be in substance, in the words and figures
25following:

 

 

09800HB2418sam002- 57 -LRB098 07643 HLH 46537 a

1    "I, being a qualified voter, registered from No. ....
2Street 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
5from No. .... Street is not a qualified voter in the ....
6precinct of the .... ward of the city (village or town) of ....
7or of the .... district town of .... hence I ask that his name
8be erased from the register of such precinct for the following
9reason ..... Affiant further says that he has personal
10knowledge 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
17applicant before the County Clerk or any Deputy authorized by
18the County Clerk for that purpose, and filed with the Clerk.
19Thereupon notice of such application, with a demand to appear
20before the County Clerk and show cause why his name shall not
21be erased from the register, shall be mailed by special
22delivery, duly stamped and directed, to such person, to the
23address upon said register at least 4 days before the day fixed
24in said notice to show cause. If such person has provided the
25election authority with an e-mail address, then the election
26authority shall also send the same notice by electronic mail at

 

 

09800HB2418sam002- 58 -LRB098 07643 HLH 46537 a

1least 4 days before the day fixed in said notice to show cause.
2    A like notice shall be mailed to the person or persons
3making the application to have the name upon such register
4erased to appear and show cause why the name should be erased,
5the notice to set out the day and hour of such hearing. If the
6voter making such application fails to appear before the Clerk
7at the time set for the hearing as fixed in the said notice or
8fails to show cause why the name upon such register shall be
9erased, the application may be dismissed by the County Clerk.
10    Any voter making such application or applications shall be
11privileged from arrest while presenting the same to the County
12Clerk, and whilst going to and returning from the office of the
13County 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
17the county, city, village, incorporated town or town clerk, or
18any place designated by the Board of County Commissioners under
19section 5-17 of article 5 and within five days thereafter, the
20election authority County Clerk shall send by mail, and
21electronic mail if the registrant has provided the election
22authority with an e-mail address, a notice setting forth the
23elector's name and address as it appears on the registration
24record card, and shall request him in case of any error to
25present the notice on or before the seventh day next ensuing at

 

 

09800HB2418sam002- 59 -LRB098 07643 HLH 46537 a

1the office of the election authority County Clerk in order to
2secure the correction of the error. Such notice shall contain
3on the outside a request for the postmaster to return it within
4five days if it cannot be delivered to the addressee at the
5address given thereon. Upon the return by the post office of
6such notice which it has been unable to deliver at the given
7address because the addressee cannot be found there, a notice
8shall be at once sent through the United States mail to such
9person at the address appearing upon his registration record
10card requiring him to appear before the election authority
11County Clerk, within five days, to answer questions touching
12his right to register. If the person notified fails to appear
13at the election authority's County Clerk's office within five
14days as directed or if he appears and fails to prove his right
15to register, the election authority County Clerk shall cancel
16his 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
21registration record card that, except as otherwise provided in
22this Section, shall be used in duplicate by all election
23authorities in the State adopting a computer-based voter
24registration file as provided in this Section. The Board shall
25prescribe the form and specifications, including but not

 

 

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1limited to the weight of paper, color, and print of the cards.
2The cards shall contain boxes or spaces for the information
3required under Sections 5-7 and 5-28.1; provided that the cards
4shall also contain: (i) A space for the person to fill in his
5or her Illinois driver's license number if the person has a
6driver's license; (ii) A space for a person without a driver's
7license to fill in the last four digits of his or her social
8security number if the person has a social security number.
9    (b) The election authority may develop and implement a
10system to prepare, use, and maintain a computer-based voter
11registration file that includes a computer-stored image of the
12signature of each voter. The computer-based voter registration
13file may be used for all purposes for which the original
14registration cards are to be used, provided that a system for
15the storage of at least one copy of the original registration
16cards remains in effect. In the case of voter registration
17forms received via an online voter registration system, the
18original registration cards will include the signature
19received from the Secretary of State database. The electronic
20file shall be the master file.
21    (c) Any system created, used, and maintained under
22subsection (b) of this Section shall meet the following
23standards:
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

 

 

09800HB2418sam002- 61 -LRB098 07643 HLH 46537 a

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
26authority elects to use a voter list produced from the

 

 

09800HB2418sam002- 62 -LRB098 07643 HLH 46537 a

1computer-stored images of the signatures of registered voters
2in a computer-based voter registration file for signature
3comparison in a polling place, the State Board of Elections
4shall certify that the system used by the election authority
5complies with the standards set forth in this Section. The
6State Board of Elections may request a sample poll list
7intended to be used in a polling place to test the accuracy of
8the list and the adequacy of the computer-stored images of the
9signatures of the registered voters.
10    (e) With respect to a jurisdiction that has copied all of
11its voter signatures into a computer-based registration file,
12all references in this Act or any other Act to the use, other
13than storage, of paper-based voter registration records shall
14be deemed to refer to their computer-based equivalents.
15    (f) Nothing in this Section prevents an election authority
16from submitting to the State Board of Elections a duplicate
17copy of some, as the State Board of Elections shall determine,
18or all of the data contained in each voter registration record
19that is part of the electronic master file. The duplicate copy
20of the registration record shall be maintained by the State
21Board of Elections under the same terms and limitations
22applicable to the election authority and shall be of equal
23legal dignity with the original registration record maintained
24by the election authority as proof of any fact contained in the
25voter 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
3provision of this Code to the contrary, each election authority
4shall establish procedures for the registration of voters and
5for change of address during the period from the close of
6registration for a primary or election and until the 3rd day
7before the primary or election. During this grace period, an
8unregistered qualified elector may register to vote, and a
9registered voter may submit a change of address form, in person
10in the office of the election authority or at a voter
11registration location specifically designated for this purpose
12by the election authority. The election authority shall
13register that individual, or change a registered voter's
14address, in the same manner as otherwise provided by this
15Article for registration and change of address.
16    If a voter who registers or changes address during this
17grace period wishes to vote at the first election or primary
18occurring after the grace period, he or she must do so by grace
19period voting, either in person in the office of the election
20authority or at a location specifically designated for this
21purpose by the election authority, or by mail, at the
22discretion of the election authority. The election authority
23shall offer in-person grace period voting at his or her office
24and may offer in-person grace period voting at additional
25locations specifically designated for the purpose of grace

 

 

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1period voting by the election authority. The election authority
2may allow grace period voting by mail only if the election
3authority has no ballots prepared at the authority's office.
4Grace period voting shall be in a manner substantially similar
5to voting under Article 19.
6    Within one day after a voter casts a grace period ballot,
7or within one day after the ballot is received by the election
8authority if the election authority allows grace period voting
9by mail, the election authority shall transmit by electronic
10means pursuant to a process established by the State Board of
11Elections the voter's name, street address, e-mail address, and
12precinct, ward, township, and district numbers, as the case may
13be, to the State Board of Elections, which shall maintain those
14names and that information in an electronic format on its
15website, arranged by county and accessible to State and local
16political committees. The name of each person issued a grace
17period ballot shall also be placed on the appropriate precinct
18list of persons to whom absentee and early ballots have been
19issued, for use as provided in Sections 17-9 and 18-5.
20    A person who casts a grace period ballot shall not be
21permitted to revoke that ballot and vote another ballot with
22respect to that primary or election. Ballots cast by persons
23who register or change address during the grace period must be
24transmitted to and counted at the election authority's central
25ballot counting location and shall not be transmitted to and
26counted at precinct polling places. The grace period ballots

 

 

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1determined to be valid shall be added to the vote totals for
2the precincts for which they were cast in the order in which
3the 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
7board of election commissioners. In addition to any other
8method of rejection provided in this Article, when a county
9board of election commissioners is established in accordance
10with subsection (c) of Section 6A-1 in a county in which is
11located any portion of a municipality with a municipal board of
12election commissioners, the application of the provisions of
13this Article to the territory of that municipality located
14within 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
17Article, the office of the Board of Election Commissioners
18shall be open during ordinary business hours of each week day,
19from 9 a.m. to 12 o'clock noon on the last four Saturdays
20immediately preceding the end of the period of registration
21preceding each election, and such other days and such other
22times as the board may direct. During the 27 days immediately
23preceding any election there shall be no registration of voters
24at the office of the Board of Election Commissioners in cities,

 

 

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1villages and incorporated towns of fewer than 200,000
2inhabitants. In cities, villages and incorporated towns of
3200,000 or more inhabitants, there shall be no registration of
4voters at the office of the Board of Election Commissioners
5during the 35 days immediately preceding any election;
6provided, however, where no precinct registration is being
7conducted prior to any election then registration may be taken
8in the office of the Board up to and including the 28th day
9prior to such election. The Board of Election Commissioners may
10set up and establish as many branch offices for the purpose of
11taking registrations as it may deem necessary, and the branch
12offices may be open on any or all dates and hours during which
13registrations may be taken in the main office. All officers and
14employees of the Board of Election Commissioners who are
15authorized by such board to take registrations under this
16Article shall be considered officers of the circuit court, and
17shall be subject to the same control as is provided by Section
1814-5 of this Act with respect to judges of election.
19    In any election called for the submission of the revision
20or alteration of, or the amendments to the Constitution,
21submitted by a Constitutional Convention, the final day for
22registration at the office of the election authority charged
23with the printing of the ballot of this election shall be the
2415th day prior to the date of election.
25    The Board of Election Commissioners shall appoint one or
26more registration teams, consisting of 2 of its employees for

 

 

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1each team, for the purpose of accepting the registration of any
2voter who files an affidavit, within the period for taking
3registrations provided for in this article, that he is
4physically unable to appear at the office of the Board or at
5any appointed place of registration. On the day or days when a
6precinct registration is being conducted such teams shall
7consist of one member from each of the 2 leading political
8parties who are serving on the Precinct Registration Board.
9Each team so designated shall visit each disabled person and
10shall accept the registration of such person the same as if he
11had applied for registration in person.
12    Any otherwise qualified person who is absent from his
13county of residence due to business of the United States, or
14who is temporarily residing outside the territorial limits of
15the United States, may make application to become registered by
16mail to the Board of Election Commissioners within the periods
17for registration provided for in this Article or by
18simultaneous application for absentee registration and
19absentee ballot as provided in Article 20 of this Code.
20    Upon receipt of such application the Board of Election
21Commissioners shall immediately mail an affidavit of
22registration in duplicate, which affidavit shall contain the
23following and such other information as the State Board of
24Elections may think it proper to require for the identification
25of the applicant:
26    Name. The name of the applicant, giving surname and first

 

 

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1or Christian name in full, and the middle name or the initial
2for such middle name, if any.
3    Sex.
4    Residence. The name and number of the street, avenue or
5other location of the dwelling, and such additional clear and
6definite description as may be necessary to determine the exact
7location of the dwelling of the applicant. Where the location
8cannot be determined by street and number, then the section,
9congressional township and range number may be used, or such
10other information as may be necessary, including post office
11mailing address.
12    Electronic mail address, if the registrant has provided
13this information.
14    Term of residence in the State of Illinois and the
15precinct.
16    Nativity. The state or country in which the applicant was
17born.
18    Citizenship. Whether the applicant is native born or
19naturalized. If naturalized, the court, place and date of
20naturalization.
21    Age. Date of birth, by month, day and year.
22    Out of State address of ..................
23    
AFFIDAVIT OF REGISTRATION
24State of .........)
25                  ) ss.
26County of ........)

 

 

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1    I hereby swear (or affirm) that I am a citizen of the
2United States; that on the day of the next election I shall
3have resided in the State of Illinois and in the election
4precinct 30 days; that I am fully qualified to vote, that I am
5not registered to vote anywhere else in the United States, that
6I intend to remain a resident of the State of Illinois, and of
7the election precinct, that I intend to return to the State of
8Illinois, 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
12administer oaths, on (insert date).
13
........................................
14
Signature of officer administering oath.
15    Upon receipt of the executed duplicate affidavit of
16Registration, the Board of Election Commissioners shall
17transfer the information contained thereon to duplicate
18Registration Cards provided for in Section 6-35 of this Article
19and shall attach thereto a copy of each of the duplicate
20affidavit of registration and thereafter such registration
21card and affidavit shall constitute the registration of such
22person the same as if he had applied for registration in
23person.
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
2provide a sufficient number of blank forms for the registration
3of electors which shall be known as registration record cards
4and which shall consist of loose leaf sheets or cards, of
5suitable size to contain in plain writing and figures the data
6hereinafter required thereon or shall consist of computer cards
7of suitable nature to contain the data required thereon. The
8registration record cards, which shall include an affidavit of
9registration as hereinafter provided, shall be executed in
10duplicate. The duplicate of which may be a carbon copy of the
11original or a copy of the original made by the use of other
12method or material used for making simultaneous true copies or
13duplications.
14    The registration record card shall contain the following
15and such other information as the Board of Election
16Commissioners may think it proper to require for the
17identification of the applicant for registration:
18    Name. The name of the applicant, giving surname and first
19or Christian name in full, and the middle name or the initial
20for such middle name, if any.
21    Sex.
22    Residence. The name and number of the street, avenue, or
23other location of the dwelling, including the apartment, unit
24or room number, if any, and in the case of a mobile home the lot
25number, and such additional clear and definite description as
26may be necessary to determine the exact location of the

 

 

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1dwelling of the applicant, including post-office mailing
2address. In the case of a homeless individual, the individual's
3voting residence that is his or her mailing address shall be
4included on his or her registration record card.
5    Term of residence in the State of Illinois and the
6precinct.
7    Nativity. The state or country in which the applicant was
8born.
9    Citizenship. Whether the applicant is native born or
10naturalized. If naturalized, the court, place, and date of
11naturalization.
12    Date of application for registration, i.e., the day, month
13and 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
16of registration, which would require assistance in voting.
17    The county and state in which the applicant was last
18registered.
19    Electronic mail address, if any.
20    Signature of voter. The applicant, after registration and
21in the presence of a deputy registrar or other officer of
22registration shall be required to sign his or her name in ink
23to the affidavit on both the original and the duplicate
24registration record card.
25    Signature of deputy registrar.
26    In case applicant is unable to sign his name, he may affix

 

 

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1his mark to the affidavit. In such case the registration
2officer shall write a detailed description of the applicant in
3the space provided at the bottom of the card or sheet; and
4shall ask the following questions and record the answers
5thereto:
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
11substantially the following form:
12
AFFIDAVIT OF REGISTRATION
13State of Illinois  )
14                   )ss
15County of .......  )
16    I hereby swear (or affirm) that I am a citizen of the
17United States, that on the day of the next election I shall
18have resided in the State of Illinois and in the election
19precinct 30 days and that I intend that this location is my
20residence; that I am fully qualified to vote, and that the
21above 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
3record card for the notation of the voting record of the person
4registered thereon.
5    Each registration record card shall be numbered according
6to wards or precincts, as the case may be, and may be serially
7or otherwise marked for identification in such manner as the
8Board of Election Commissioners may determine.
9    The registration cards shall be deemed public records and
10shall be open to inspection during regular business hours,
11except during the 27 days immediately preceding any election.
12On written request of any candidate or objector or any person
13intending to object to a petition, the election authority shall
14extend its hours for inspection of registration cards and other
15records of the election authority during the period beginning
16with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1728-3 and continuing through the termination of electoral board
18hearings on any objections to petitions containing signatures
19of registered voters in the jurisdiction of the election
20authority. The extension shall be for a period of hours
21sufficient to allow adequate opportunity for examination of the
22records but the election authority is not required to extend
23its hours beyond the period beginning at its normal opening for
24business and ending at midnight. If the business hours are so
25extended, the election authority shall post a public notice of
26such extended hours. Registration record cards may also be

 

 

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1inspected, upon approval of the officer in charge of the cards,
2during the 27 days immediately preceding any election.
3Registration record cards shall also be open to inspection by
4certified judges and poll watchers and challengers at the
5polling place on election day, but only to the extent necessary
6to determine the question of the right of a person to vote or
7to serve as a judge of election. At no time shall poll watchers
8or challengers be allowed to physically handle the registration
9record cards.
10    Updated copies of computer tapes or computer discs or other
11electronic data processing information containing voter
12registration information shall be furnished by the Board of
13Election Commissioners within 10 days after December 15 and May
1415 each year and within 10 days after each registration period
15is closed to the State Board of Elections in a form prescribed
16by the State Board. For the purposes of this Section, a
17registration period is closed 27 days before the date of any
18regular or special election. Registration information shall
19include, but not be limited to, the following information:
20name, sex, residence, telephone number, if any, age, party
21affiliation, if applicable, precinct, ward, township, county,
22and representative, legislative and congressional districts.
23In the event of noncompliance, the State Board of Elections is
24directed to obtain compliance forthwith with this
25nondiscretionary duty of the election authority by instituting
26legal proceedings in the circuit court of the county in which

 

 

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1the election authority maintains the registration information.
2The costs of furnishing updated copies of tapes or discs shall
3be paid at a rate of $.00034 per name of registered voters in
4the election jurisdiction, but not less than $50 per tape or
5disc and shall be paid from appropriations made to the State
6Board of Elections for reimbursement to the election authority
7for such purpose. The State Board shall furnish copies of such
8tapes, discs, other electronic data or compilations thereof to
9state political committees registered pursuant to the Illinois
10Campaign Finance Act or the Federal Election Campaign Act and
11to governmental entities, at their request and at a reasonable
12cost. To protect the privacy and confidentiality of voter
13registration information, the disclosure of electronic voter
14registration records to any person or entity other than to a
15State or local political committee and other than to a
16governmental entity for a governmental purpose is specifically
17prohibited except as follows: subject to security measures
18adopted by the State Board of Elections which, at a minimum,
19shall include the keeping of a catalog or database, available
20for public view, including the name, address, and telephone
21number of the person viewing the list as well as the time of
22that viewing, any person may view the centralized statewide
23voter registration list on a computer screen at the Springfield
24office of the State Board of Elections, during normal business
25hours other than during the 27 days before an election, but the
26person viewing the list under this exception may not print,

 

 

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1duplicate, transmit, or alter the list. Copies of the tapes,
2discs or other electronic data shall be furnished by the Board
3of Election Commissioners to local political committees and
4governmental entities at their request and at a reasonable
5cost. Reasonable cost of the tapes, discs, et cetera for this
6purpose would be the cost of duplication plus 15% for
7administration. The individual representing a political
8committee requesting copies of such tapes shall make a sworn
9affidavit that the information shall be used only for bona fide
10political purposes, including by or for candidates for office
11or incumbent office holders. Such tapes, discs or other
12electronic data shall not be used under any circumstances by
13any political committee or individuals for purposes of
14commercial solicitation or other business purposes. If such
15tapes contain information on county residents related to the
16operations of county government in addition to registration
17information, that information shall not be used under any
18circumstances for commercial solicitation or other business
19purposes. The prohibition in this Section against using the
20computer tapes or computer discs or other electronic data
21processing information containing voter registration
22information for purposes of commercial solicitation or other
23business purposes shall be prospective only from the effective
24date of this amended Act of 1979. Any person who violates this
25provision shall be guilty of a Class 4 felony.
26    The State Board of Elections shall promulgate, by October

 

 

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11, 1987, such regulations as may be necessary to ensure
2uniformity throughout the State in electronic data processing
3of voter registration information. The regulations shall
4include, but need not be limited to, specifications for uniform
5medium, communications protocol and file structure to be
6employed by the election authorities of this State in the
7electronic data processing of voter registration information.
8Each election authority utilizing electronic data processing
9of voter registration information shall comply with such
10regulations on and after May 15, 1988.
11    If the applicant for registration was last registered in
12another county within this State, he shall also sign a
13certificate authorizing cancellation of the former
14registration. The certificate shall be in substantially the
15following form:
16To the County Clerk of .... County, Illinois.
17To 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
21registration in your office.
22    Dated at ...., Illinois, on (insert date).
23
....................
24
(Signature of Voter)
25    Attest ...., Clerk, Election Commission of the City of....,
26Illinois.

 

 

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1    The cancellation certificate shall be mailed immediately
2by the clerk of the Election Commission to the county clerk,
3(or Election Commission as the case may be) where the applicant
4was formerly registered. Receipt of such certificate shall be
5full authority for cancellation of any previous registration.
6(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04;
794-136, 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
10canvassers by the Board of Election Commissioners, immediately
11upon completion of the canvass, the canvassers, or one of them,
12shall file with the Board of Election Commissioners the list of
13registered voters upon which the canvassers have made notation
14in the column headed "Remarks" as follows: "O. K.", if they
15still reside at the address shown on the registration list, or
16"Died", "Moved", or "Changed Name" as the case may be. Such
17lists shall be attested to by the canvassers in an attached
18affidavit. No canvasser shall be remunerated for services as
19canvasser until such signed affidavit is filed with the Board
20of Election Commissioners.
21    Upon receipt by the Board of Election Commissioners of the
22completed list and the attached affidavit as to the correctness
23of the list, the Board of Election Commissioners shall prepare
24post card "Notices to Show Cause Why Registration Should not be
25Cancelled" to send to each voter on each list after whose name

 

 

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1the canvassers have written "Died", "Moved", or "Changed Name".
2They shall be sent by mail, and electronic mail if the person
3whose registration is questioned has provided the election
4authority with an e-mail address, mailed to those whose
5registration is questioned by the Board of Election
6Commissioners not later than 10 P.M. on Friday of the week of
7the canvass. The affidavits made by the canvassers showing the
8names and addresses of such canvassers shall be a public record
9for 60 days.
10    The Board of Election Commissioners shall also prepare a
11correct list of those registered voters in each precinct who
12are designated "O.K." in the remarks column by the canvassers
13and supplemental lists after the hearings on "Notices to Show
14Cause Why Registration Should Not be Cancelled"; such lists to
15be called "Printed Register of Registered Voters" of a given
16date and supplements thereto.
17    It shall be the duty of the Board of Election Commissioners
18when complaint is made to them, to investigate the action of
19such canvassers and to cause them or either of them to be
20brought before the circuit court and to prosecute them as for
21contempt, and also at the discretion of the Board of Election
22Commissioners, to cause them to be prosecuted criminally for
23such 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
2the board of election commissioners or at any place designated
3by such board under Section 6-51 of this Article, after the
4first registration under this Article, the board shall send by
5mail, and electronic mail if the registrant has provided the
6board of election committees with an e-mail address, a notice
7setting forth the elector's name and address as it appears on
8the registration record card, and shall request him in case of
9any error to present the notice on or before the tenth day next
10ensuing at the office of the Board of Election Commissioners in
11order to secure the correction of the error. Such notice shall
12contain on the outside a request for the postmaster to return
13it within five days if it cannot be delivered to the addressee
14at the address given thereon. Upon the return by the post
15office of any such notice which it has been unable to deliver
16at the given address because the addressee cannot be found
17there, a notice shall be at once sent through the United States
18mail to such person at the address appearing upon his
19registration record card requiring him to appear before the
20Board of Election Commissioners at a time and place specified
21in the notice and show cause why his name should not be
22cancelled from the register. Thereafter, proceedings shall be,
23as nearly as may be, in conformity with those established by
24Section 6-52 of this Article with respect to applications to
25complete registration. Such notice may be sent at any time
26within thirty days after the registration of any person, but

 

 

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1such notice shall be sent within five days after the last day
2of registration before any election, to all persons who have
3registered since the last preceding election, and to whom no
4such notice has theretofore been sent; and where the addressee
5cannot be found, notice requiring such person to appear before
6the board of election commissioners shall specify dates for
7hearing before the election not later than those prescribed by
8Section 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
13registration record card that, except as otherwise provided in
14this Section, shall be used in duplicate by all election
15authorities in the State adopting a computer-based voter
16registration file as provided in this Section. The Board shall
17prescribe the form and specifications, including but not
18limited to the weight of paper, color, and print of the cards.
19The cards shall contain boxes or spaces for the information
20required under Sections 6-31.1 and 6-35; provided that the
21cards shall also contain: (i) A space for the person to fill in
22his or her Illinois driver's license number if the person has a
23driver's license; (ii) A space for a person without a driver's
24license to fill in the last four digits of his or her social
25security number if the person has a social security number.

 

 

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1    (b) The election authority may develop and implement a
2system to prepare, use, and maintain a computer-based voter
3registration file that includes a computer-stored image of the
4signature of each voter. The computer-based voter registration
5file may be used for all purposes for which the original
6registration cards are to be used, provided that a system for
7the storage of at least one copy of the original registration
8cards remains in effect. In the case of voter registration
9forms received via an online voter registration system, the
10original registration cards will include the signature
11received from the Secretary of State database. The electronic
12file shall be the master file.
13    (c) Any system created, used, and maintained under
14subsection (b) of this Section shall meet the following
15standards:
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

 

 

09800HB2418sam002- 83 -LRB098 07643 HLH 46537 a

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
18authority elects to use a voter list produced from the
19computer-stored images of the signatures of registered voters
20in a computer-based voter registration file for signature
21comparison in a polling place, the State Board of Elections
22shall certify that the system used by the election authority
23complies with the standards set forth in this Section. The
24State Board of Elections may request a sample poll list
25intended to be used in a polling place to test the accuracy of
26the list and the adequacy of the computer-stored images of the

 

 

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1signatures of the registered voters.
2    (e) With respect to a jurisdiction that has copied all of
3its voter signatures into a computer-based registration file,
4all references in this Act or any other Act to the use, other
5than storage, of paper-based voter registration records shall
6be deemed to refer to their computer-based equivalents.
7    (f) Nothing in this Section prevents an election authority
8from submitting to the State Board of Elections a duplicate
9copy of some, as the State Board of Elections shall determine,
10or all of the data contained in each voter registration record
11that is part of the electronic master file. The duplicate copy
12of the registration record shall be maintained by the State
13Board of Elections under the same terms and limitations
14applicable to the election authority and shall be of equal
15legal dignity with the original registration record maintained
16by the election authority as proof of any fact contained in the
17voter 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
21provision of this Code to the contrary, each election authority
22shall establish procedures for the registration of voters and
23for change of address during the period from the close of
24registration for a primary or election and until the 3rd day
25before the primary or election. During this grace period, an

 

 

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1unregistered qualified elector may register to vote, and a
2registered voter may submit a change of address form, in person
3in the office of the election authority or at a voter
4registration location specifically designated for this purpose
5by the election authority. The election authority shall
6register that individual, or change a registered voter's
7address, in the same manner as otherwise provided by this
8Article for registration and change of address.
9    If a voter who registers or changes address during this
10grace period wishes to vote at the first election or primary
11occurring after the grace period, he or she must do so by grace
12period voting, either in person in the office of the election
13authority or at a location specifically designated for this
14purpose by the election authority, or by mail, at the
15discretion of the election authority. The election authority
16shall offer in-person grace period voting at the authority's
17office and may offer in-person grace period voting at
18additional locations specifically designated for the purpose
19of grace period voting by the election authority. The election
20authority may allow grace period voting by mail only if the
21election authority has no ballots prepared at the authority's
22office. Grace period voting shall be in a manner substantially
23similar to voting under Article 19.
24    Within one day after a voter casts a grace period ballot,
25or within one day after the ballot is received by the election
26authority if the election authority allows grace period voting

 

 

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1by mail, the election authority shall transmit by electronic
2means pursuant to a process established by the State Board of
3Elections the voter's name, street address, e-mail address, and
4precinct, ward, township, and district numbers, as the case may
5be, to the State Board of Elections, which shall maintain those
6names and that information in an electronic format on its
7website, arranged by county and accessible to State and local
8political committees. The name of each person issued a grace
9period ballot shall also be placed on the appropriate precinct
10list of persons to whom absentee and early ballots have been
11issued, for use as provided in Sections 17-9 and 18-5.
12    A person who casts a grace period ballot shall not be
13permitted to revoke that ballot and vote another ballot with
14respect to that primary or election. Ballots cast by persons
15who register or change address during the grace period must be
16transmitted to and counted at the election authority's central
17ballot counting location and shall not be transmitted to and
18counted at precinct polling places. The grace period ballots
19determined to be valid shall be added to the vote totals for
20the precincts for which they were cast in the order in which
21the 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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1incorporated town with a board of election commissioners may
2establish a county board of election commissioners either (1)
3by ordinance of the county board or (2) by vote of the electors
4of the county in accordance with subsection (a) of Section
56A-2.
6    The fact that some territory in a county is within the
7corporate limits of a city, village or incorporated town with a
8board of election commissioners does not prevent that county
9from establishing a county board of election commissioners in
10accordance with this Article if no portion of such city,
11village or incorporated town was within the county at the time
12of the establishment of the board of election commissioners for
13such city, village or incorporated town. If such a county
14establishes a county board of election commissioners pursuant
15to this Article, the county board of election commissioners
16shall, with respect to the territory in the county within the
17corporate limits of the city, village or incorporated town,
18supersede the board of election commissioners of that city,
19village or incorporated town.
20    (b) Any county with a population of more than 700,000
21persons as of the 2010 federal decennial census that borders
22another state and borders no more than 2 other Illinois
23counties, shall be subject to a county board of election
24commissioners beginning 90 days after the effective date of
25this amendatory Act of the 98th General Assembly.
26    (c) Any county with a population of less than 200,000 but

 

 

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1more than 175,000 persons as of the 2010 federal decennial
2census in which a city, village, or incorporated town with a
3board of election commissioners is located may establish a
4county board of election commissioners by vote of the electors
5of the county in accordance with subsection (b) of Section
66A-2. If such a county establishes a county board of election
7commissioners, the county board of election commissioners,
8with respect to the territory in the county within the
9corporate limits of the city, village, or incorporated town,
10shall supersede the board of election commissioners of that
11city 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
16subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8
17of the number voting at the last preceding general election in
18the county, whichever is less, petition the circuit court to
19submit to the electors of the county a proposition to establish
20a county board of election commissioners, the circuit court
21shall cause such proposition to be submitted to the electors of
22the 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
25establishing a county board of election commissioners, then the

 

 

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1proposition to establish a county board of election
2commissioners shall be submitted to the electors of that county
3at the next possible general election. The board shall certify
4the ordinance or resolution and the proposition to the proper
5election officials who shall submit the proposition at the next
6general election in accordance with the general election law.
7    (c) The proposition shall be submitted in the same manner
8as provided in Article 6 for the adoption of Articles 6, 14 and
918 by cities, villages and incorporated towns, except that the
10question shall be stated: "Shall a board of election
11commissioners 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
16the establishment of a county board of election commissioners,
17or if a majority of the votes cast on a proposition submitted
18in accordance with Section 6A-2(a) are in favor of a county
19board of election commissioners, a county board of election
20commissioners shall be appointed in the same manner as is
21provided in Article 6 for boards of election commissioners in
22cities, villages and incorporated towns, except that the county
23board of election commissioners shall be appointed by the
24chairman of the county board rather than the circuit court.
25However, before any appointments are made, the appointing

 

 

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1authority shall ascertain whether the county clerk desires to
2be a member of the county board of election commissioners. If
3the county clerk so desires, he shall be one of the members of
4the county board of election commissioners, and the appointing
5authority shall appoint only 2 other members.
6    (b) For any county board of election commissioners
7established under subsection (b) of Section 6A-1, within 30
8days after the effective date of this amendatory Act of the
998th General Assembly, the chief judge of the circuit court of
10the county shall appoint 5 commissioners. At least 4 of those
11commissioners shall be selected from the 2 major established
12political parties of the State, with at least 2 from each of
13those parties. Such appointment shall be entered of record in
14the office of the County Clerk and the State Board of
15Elections. Those first appointed shall hold their offices for
16the period of one, 2, and 3 years respectively, and the judge
17appointing them shall designate the term for which each
18commissioner shall hold his or her office, whether for one, 2
19or 3 years except that no more than one commissioner from each
20major established political party may be designated the same
21term. After the initial term, each commissioner or his or her
22successor shall be appointed to a 3 year term. No elected
23official or former elected official who has been out of elected
24office for less than 2 years may be appointed to the board.
25Vacancies shall be filled by the chief judge of the circuit
26court within 30 days of the vacancy in a manner that maintains

 

 

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1the foregoing political party representation.
2    (c) For any county board of election commissioners
3established under subsection (c) of Section 6A-1, within 30
4days after the conclusion of the election at which the
5proposition to establish a county board of election
6commissioners is approved by the voters, the municipal board
7shall apply to the circuit court of the county for the chief
8judge of the circuit court to appoint 2 additional
9commissioners, one of whom shall be from each major established
10political party and neither of whom shall reside within the
11limits of the municipal board, so that 3 commissioners shall
12reside within the limits of the municipal board and 2 shall
13reside within the county but not within the municipality, as it
14may exist from time to time. Not more than 3 of the
15commissioners shall be members of the same major established
16political party. Vacancies shall be filled by the chief judge
17of the circuit court upon application of the remaining
18commissioners in a manner that maintains the foregoing
19geographical 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
23office of a the county board of election commissioners, the
24county clerk and any municipal board of election commissioners
25in the county shall turn over to such county board all registry

 

 

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1books, registration record cards, poll books, tally sheets and
2ballot boxes and all other books, forms, blanks and stationery
3of every description in the clerk's or municipal board's
4possession his hands in any way relating to elections or the
5holding of elections in the county and any unused
6appropriations related to elections or the holding of elections
7in the county. Thereupon, all functions, powers and duties of
8the county clerk, or the county board, or the municipal board
9relating to elections in that county are transferred to the
10county 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
14candidate for nomination, or State central committeeman, or
15township committeeman, or precinct committeeman, or ward
16committeeman or candidate for delegate or alternate delegate to
17national nominating conventions, shall be printed upon the
18primary ballot unless a petition for nomination has been filed
19in his behalf as provided in this Article in substantially the
20following form:
21    We, the undersigned, members of and affiliated with the
22.... party and qualified primary electors of the .... party, in
23the .... of ...., in the county of .... and State of Illinois,
24do hereby petition that the following named person or persons
25shall be a candidate or candidates of the .... party for the

 

 

 

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1nomination for (or in case of committeemen for election to) the
2office or offices hereinafter specified, to be voted for at the
3primary election to be held on (insert date).
4    NameOfficeAddress
5John JonesGovernorBelvidere, Ill.
6Jane James Lieutenant Governor Peoria, Ill.
7Thomas SmithAttorney GeneralOakland, Ill.
8Name..................         Address.......................
 
9State of Illinois)
10                 ) ss.
11County of........)
12    I, ...., do hereby certify that I reside at No. ....
13street, in the .... of ...., county of ...., and State of
14....., that I am 18 years of age or older, that I am a citizen
15of the United States, and that the signatures on this sheet
16were signed in my presence, and are genuine, and that to the
17best of my knowledge and belief the persons so signing were at
18the time of signing the petitions qualified voters of the ....
19party, and that their respective residences are correctly
20stated, 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
2candidacy and candidate's statement shall be of uniform size
3and shall contain above the space for signatures an appropriate
4heading giving the information as to name of candidate or
5candidates, in whose behalf such petition is signed; the
6office, the political party represented and place of residence;
7and the heading of each sheet shall be the same.
8    Such petition shall be signed by qualified primary electors
9residing in the political division for which the nomination is
10sought in their own proper persons only and opposite the
11signature of each signer, his residence address shall be
12written or printed. The residence address required to be
13written or printed opposite each qualified primary elector's
14name shall include the street address or rural route number of
15the signer, as the case may be, as well as the signer's county,
16and city, village or town, and state. However the county or
17city, village or town, and state of residence of the electors
18may be printed on the petition forms where all of the electors
19signing the petition reside in the same county or city, village
20or town, and state. Standard abbreviations may be used in
21writing the residence address, including street number, if any.
22At the bottom of each sheet of such petition shall be added a
23circulator statement signed by a person 18 years of age or
24older who is a citizen of the United States, stating the street
25address or rural route number, as the case may be, as well as
26the county, city, village or town, and state; and certifying

 

 

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1that the signatures on that sheet of the petition were signed
2in his or her presence and certifying that the signatures are
3genuine; and either (1) indicating the dates on which that
4sheet was circulated, or (2) indicating the first and last
5dates on which the sheet was circulated, or (3) certifying that
6none of the signatures on the sheet were signed more than 90
7days preceding the last day for the filing of the petition and
8certifying that to the best of his or her knowledge and belief
9the persons so signing were at the time of signing the
10petitions qualified voters of the political party for which a
11nomination is sought. Such statement shall be sworn to before
12some officer authorized to administer oaths in this State.
13    No petition sheet shall be circulated more than 90 days
14preceding the last day provided in Section 7-12 for the filing
15of such petition.
16    The person circulating the petition, or the candidate on
17whose behalf the petition is circulated, may strike any
18signature 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
26together in book form, by placing the sheets in a pile and

 

 

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1fastening them together at one edge in a secure and suitable
2manner, and the sheets shall then be numbered consecutively.
3The sheets shall not be fastened by pasting them together end
4to end, so as to form a continuous strip or roll. All petition
5sheets which are filed with the proper local election
6officials, election authorities or the State Board of Elections
7shall be the original sheets which have been signed by the
8voters and by the circulator thereof, and not photocopies or
9duplicates of such sheets. Each petition must include as a part
10thereof, a statement of candidacy for each of the candidates
11filing, or in whose behalf the petition is filed. This
12statement shall set out the address of such candidate, the
13office for which he is a candidate, shall state that the
14candidate is a qualified primary voter of the party to which
15the petition relates and is qualified for the office specified
16(in the case of a candidate for State's Attorney it shall state
17that the candidate is at the time of filing such statement a
18licensed attorney-at-law of this State), shall state that he
19has filed (or will file before the close of the petition filing
20period) a statement of economic interests as required by the
21Illinois Governmental Ethics Act, shall request that the
22candidate's name be placed upon the official ballot, and shall
23be subscribed and sworn to by such candidate before some
24officer authorized to take acknowledgment of deeds in the State
25and shall be in substantially the following form:
26
Statement of Candidacy

 

 

 

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1NameAddressOfficeDistrictParty
2John Jones102 Main St.GovernorStatewideRepublican
3Belvidere,
4Illinois
5State of Illinois)
6                 ) ss.
7County of .......)
8    I, ...., being first duly sworn, say that I reside at ....
9Street in the city (or village) of ...., in the county of ....,
10State of Illinois; that I am a qualified voter therein and am a
11qualified primary voter of the .... party; that I am a
12candidate for nomination (for election in the case of
13committeeman and delegates and alternate delegates) to the
14office of .... to be voted upon at the primary election to be
15held on (insert date); that I am legally qualified (including
16being the holder of any license that may be an eligibility
17requirement for the office I seek the nomination for) to hold
18such office and that I have filed (or I will file before the
19close of the petition filing period) a statement of economic
20interests as required by the Illinois Governmental Ethics Act
21and I hereby request that my name be printed upon the official
22primary ballot for nomination for (or election to in the case
23of committeemen and delegates and alternate delegates) such
24office.
25
Signed ......................

 

 

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1    Subscribed and sworn to (or affirmed) before me by ....,
2who 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
7to, and no signatures shall be revoked except by revocation
8filed in writing with the State Board of Elections, election
9authority or local election official with whom the petition is
10required to be filed, and before the filing of such petition.
11Whoever forges the name of a signer upon any petition required
12by this Article is deemed guilty of a forgery and on conviction
13thereof shall be punished accordingly.
14    A candidate for the offices listed in this Section must
15obtain the number of signatures specified in this Section on
16his or her petition for nomination.
17    (a) Statewide office or delegate to a national nominating
18convention. If a candidate seeks to run for statewide office or
19as a delegate or alternate delegate to a national nominating
20convention elected from the State at-large, then the
21candidate's petition for nomination must contain at least 5,000
22but not more than 10,000 signatures.
23    (b) Congressional office or congressional delegate to a
24national nominating convention. If a candidate seeks to run for
25United States Congress or as a congressional delegate or

 

 

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1alternate congressional delegate to a national nominating
2convention elected from a congressional district, then the
3candidate's petition for nomination must contain at least the
4number of signatures equal to 0.5% of the qualified primary
5electors of his or her party in his or her congressional
6district. In the first primary election following a
7redistricting of congressional districts, a candidate's
8petition for nomination must contain at least 600 signatures of
9qualified primary electors of the candidate's political party
10in his or her congressional district.
11    (c) County office. If a candidate seeks to run for any
12countywide office, including but not limited to county board
13chairperson or county board member, elected on an at-large
14basis, in a county other than Cook County, then the candidate's
15petition for nomination must contain at least the number of
16signatures equal to 0.5% of the qualified electors of his or
17her party who cast votes at the last preceding general election
18in his or her county. If a candidate seeks to run for county
19board member elected from a county board district, then the
20candidate's petition for nomination must contain at least the
21number of signatures equal to 0.5% of the qualified primary
22electors of his or her party in the county board district. In
23the first primary election following a redistricting of county
24board districts or the initial establishment of county board
25districts, a candidate's petition for nomination must contain
26at least the number of signatures equal to 0.5% of the

 

 

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1qualified electors of his or her party in the entire county who
2cast votes at the last preceding general election divided by
3the total number of county board districts comprising the
4county board; provided that in no event shall the number of
5signatures 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
19run for municipal or township office, then the candidate's
20petition for nomination must contain at least the number of
21signatures equal to 0.5% of the qualified primary electors of
22his or her party in the municipality or township. If a
23candidate seeks to run for alderman of a municipality, then the
24candidate's petition for nomination must contain at least the
25number of signatures equal to 0.5% of the qualified primary
26electors of his or her party of the ward. In the first primary

 

 

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1election following redistricting of aldermanic wards or
2trustee districts of a municipality or the initial
3establishment of wards or districts, a candidate's petition for
4nomination must contain the number of signatures equal to at
5least 0.5% of the total number of votes cast for the candidate
6of that political party who received the highest number of
7votes in the entire municipality at the last regular election
8at which an officer was regularly scheduled to be elected from
9the entire municipality, divided by the number of wards or
10districts. In no event shall the number of signatures be less
11than 25.
12    (f) State central committeeperson. If a candidate seeks to
13run for State central committeeperson, then the candidate's
14petition for nomination must contain at least 100 signatures of
15the primary electors of his or her party of his or her
16congressional district.
17    (g) Sanitary district trustee. If a candidate seeks to run
18for trustee of a sanitary district in which trustees are not
19elected from wards, then the candidate's petition for
20nomination must contain at least the number of signatures equal
21to 0.5% of the primary electors of his or her party from the
22sanitary district. If a candidate seeks to run for trustee of a
23sanitary district in which trustees are elected from wards,
24then the candidate's petition for nomination must contain at
25least the number of signatures equal to 0.5% of the primary
26electors of his or her party in the ward of that sanitary

 

 

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1district. In the first primary election following
2redistricting of sanitary districts elected from wards, a
3candidate's petition for nomination must contain at least the
4signatures of 150 qualified primary electors of his or her ward
5of that sanitary district.
6    (h) Judicial office. If a candidate seeks to run for
7judicial office in a district, then the candidate's petition
8for nomination must contain the number of signatures equal to
90.4% of the number of votes cast in that district for the
10candidate for his or her political party for the office of
11Governor at the last general election at which a Governor was
12elected, but in no event less than 500 signatures. If a
13candidate seeks to run for judicial office in a circuit or
14subcircuit, then the candidate's petition for nomination must
15contain the number of signatures equal to 0.25% of the number
16of votes cast for the judicial candidate of his or her
17political party who received the highest number of votes at the
18last general election at which a judicial officer from the same
19circuit or subcircuit was regularly scheduled to be elected,
20but in no event less than 1,000 signatures in circuits and
21subcircuits located in the First Judicial District or 500
22signatures in every other Judicial District.
23    (i) Precinct, ward, and township committeeperson. If a
24candidate seeks to run for precinct committeeperson, then the
25candidate's petition for nomination must contain at least 10
26signatures of the primary electors of his or her party for the

 

 

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1precinct. If a candidate seeks to run for ward committeeperson,
2then the candidate's petition for nomination must contain no
3less than the number of signatures equal to 10% of the primary
4electors of his or her party of the ward, but no more than 16%
5of those same electors; provided that the maximum number of
6signatures may be 50 more than the minimum number, whichever is
7greater. If a candidate seeks to run for township
8committeeperson, then the candidate's petition for nomination
9must contain no less than the number of signatures equal to 5%
10of the primary electors of his or her party of the township,
11but no more than 8% of those same electors; provided that the
12maximum number of signatures may be 50 more than the minimum
13number, whichever is greater.
14    (j) State's attorney or regional superintendent of schools
15for multiple counties. If a candidate seeks to run for State's
16attorney or regional Superintendent of Schools who serves more
17than one county, then the candidate's petition for nomination
18must contain at least the number of signatures equal to 0.5% of
19the primary electors of his or her party in the territory
20comprising the counties.
21    (k) Any other office. If a candidate seeks any other
22office, then the candidate's petition for nomination must
23contain at least the number of signatures equal to 0.5% of the
24registered voters of the political subdivision, district, or
25division for which the nomination is made or 25 signatures,
26whichever is greater.

 

 

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1    For purposes of this Section the number of primary electors
2shall be determined by taking the total vote cast, in the
3applicable district, for the candidate for that political party
4who received the highest number of votes, statewide, at the
5last general election in the State at which electors for
6President of the United States were elected. For political
7subdivisions, the number of primary electors shall be
8determined by taking the total vote cast for the candidate for
9that political party who received the highest number of votes
10in the political subdivision at the last regular election at
11which an officer was regularly scheduled to be elected from
12that subdivision. For wards or districts of political
13subdivisions, the number of primary electors shall be
14determined by taking the total vote cast for the candidate for
15that political party who received the highest number of votes
16in the ward or district at the last regular election at which
17an officer was regularly scheduled to be elected from that ward
18or district.
19    A "qualified primary elector" of a party may not sign
20petitions for or be a candidate in the primary of more than one
21party.
22    The changes made to this Section of this amendatory Act of
23the 93rd General Assembly are declarative of existing law,
24except for item (3) of subsection (d).
25    Petitions of candidates for nomination for offices herein
26specified, to be filed with the same officer, may contain the

 

 

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1names of 2 or more candidates of the same political party for
2the same or different offices. In the case of the offices of
3Governor and Lieutenant Governor, a joint petition including
4one 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
8each precinct shall be arranged and printed substantially in
9the manner following:
10    1. Designating words. At the top of the ballot shall be
11printed in large capital letters, words designating the ballot,
12if a Republican ballot, the designating words shall be:
13"REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the
14designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and in
15like manner for each political party.
16    2. Order of Names, Directions to Voters, etc. Beginning not
17less than one inch below designating words, the name of each
18office to be filled shall be printed in capital letters. Such
19names may be printed on the ballot either in a single column or
20in 2 or more columns and in the following order, to-wit:
21    President of the United States, State offices,
22congressional offices, delegates and alternate delegates to be
23elected from the State at large to National nominating
24conventions, delegates and alternate delegates to be elected
25from congressional districts to National nominating

 

 

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1conventions, member or members of the State central committee,
2trustees of sanitary districts, county offices, judicial
3officers, city, village and incorporated town offices, town
4offices, or of such of the said offices as candidates are to be
5nominated for at such primary, and precinct, township or ward
6committeemen. If two or more columns are used, the foregoing
7offices to and including member of the State central committee
8shall be listed in the left-hand column and Senatorial offices,
9as defined in Section 8-3, shall be the first offices listed in
10the second column.
11    Below the name of each office shall be printed in small
12letters the directions to voters: "Vote for one"; "Vote for not
13more than two"; "Vote for not more than three". If no candidate
14or candidates file for an office and if no person or persons
15file a declaration as a write-in candidate for that office,
16then below the title of that office the election authority
17instead shall print "No Candidate".
18    Next to the name of each candidate for delegate or
19alternate delegate to a national nominating convention shall
20appear either (a) the name of the candidate's preference for
21President of the United States or the word "uncommitted" or (b)
22no official designation, depending upon the action taken by the
23State central committee pursuant to Section 7-10.3 of this Act.
24    Below the name of each office shall be printed in capital
25letters the names of all candidates, arranged in the order in
26which their petitions for nominations were filed, except as

 

 

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1otherwise provided in Sections 7-14 and 7-17 of this Article.
2Opposite and in front of the name of each candidate shall be
3printed a square and all squares upon the primary ballot shall
4be of uniform size. The names of each team of candidates for
5Governor and Lieutenant Governor, however, shall be printed
6within a bracket, and a single square shall be printed in front
7of the bracket. Spaces between the names of candidates under
8each office shall be uniform and sufficient spaces shall
9separate the names of candidates for one office from the names
10of candidates for another office, to avoid confusion and to
11permit the writing in of the names of other candidates.
12    Where voting machines or electronic voting systems are
13used, the provisions of this Section may be modified as
14required or authorized by Article 24 or Article 24A, whichever
15is 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
19ballot of his party, the primary elector shall forthwith and
20without leaving the polling place, retire alone to one of the
21voting booths and prepare such primary ballot by marking a
22cross (X) in the square in front of and opposite the name of
23each candidate of his choice for each office to be filled, and
24for delegates and alternate delegates to national nominating
25conventions, and for committeemen, if committeemen are being

 

 

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1elected at such primary. A cross (X) in the square in front of
2the bracket enclosing the names of a team of candidates for
3Governor and Lieutenant Governor counts as one vote for each of
4those candidates.
5    Any primary elector may, instead of voting for any
6candidate for nomination or for committeeman or for delegate or
7alternate delegate to national nominating conventions, whose
8name is printed on the primary ballot, write in the name of any
9other person affiliated with such party as a candidate for the
10nomination for any office, or for committeeman, or for
11delegates or alternate delegates to national nominating
12conventions, and indicate his choice of such candidate or
13committeeman or delegate or alternate delegate, by placing to
14the left of and opposite the name thus written a square and
15placing in the square a cross (X). A primary elector, however,
16may not by this method vote separately for Governor and
17Lieutenant Governor but must write in the names of candidates
18of his or her choice for both offices and indicate his or her
19choice of those names by placing a single square to the left of
20those names and placing in that square a cross (X).
21    Where voting machines or electronic voting systems are
22used, the provisions of this section may be modified as
23required or authorized by Article 24 or Article 24A, whichever
24is 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
3judges shall proceed to canvass the votes in the manner
4following:
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
12used, the provisions of this Section may be modified as
13required or authorized by Article 24 or Article 24A, whichever
14is 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
18shall have been read and the votes of the political party
19counted, as provided in the last above section, the 3 judges in
20charge of the tally sheets shall foot up the tally sheets so as
21to show the total number of votes cast for each candidate of
22the political party and for each candidate for State Central
23committeeman and precinct committeeman, township committeeman
24or ward committeeman, and delegate and alternate delegate to
25National nominating conventions, and certify the same to be

 

 

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1correct. Thereupon, the primary judges shall set down in a
2certificate of results on the tally sheet, under the name of
3the political party, the name of each candidate voted for upon
4the primary ballot, written at full length, the name of the
5office for which he is a candidate for nomination or for
6committeeman, or delegate or alternate delegate to National
7nominating conventions, the total number of votes which the
8candidate received, and they shall also set down the total
9number of ballots voted by the primary electors of the
10political party in the precinct. The certificate of results
11shall 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
15in the city of .... on (insert date), the primary electors of
16the .... party voted .... ballots, and the respective
17candidates whose names were written or printed on the primary
18ballot of the .... party, received respectively the following
19votes:
20Name ofNo. of
21Candidate,Title of Office,Votes
22John JonesGovernor100
23Jane James Lieutenant Governor 100
24Sam SmithGovernor70
25Samantha Smythe Lieutenant Governor 70
26Frank MartinAttorney General150

 

 

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1William PrestonRep. in Congress200
2Frederick JohnCircuit Judge50
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
6correct.
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
20used, the provisions of this Section may be modified as
21required or authorized by Article 24 and Article 24A, whichever
22is 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
3days after the general primary election, each nominee for the
4Office of Governor shall appoint a person of the same party
5affiliation to serve as his or her party's nominee for
6Lieutenant Governor. The nominee for the Office of Governor
7shall file with the State Board of Elections a Certificate of
8Nomination for the Office of Lieutenant Governor, along with a
9Statement of Candidacy completed by the selected nominee for
10Lieutenant Governor as prescribed in Section 7-10, and a
11receipt indicating that the nominee has filed a statement of
12economic interests as required by the Illinois Governmental
13Ethics Act.
14    (b) Notwithstanding any other provision of law, if a
15vacancy in the nomination for the Office of Lieutenant Governor
16shall occur for any reason, such vacancy shall be filled by the
17nominee for the Office of Governor in the manner set forth in
18subsection (a) of this Section, provided that such vacancy
19shall be filled 30 days before the day of the general election.
20If a vacancy occurs after that date, the name of the original
21nominee shall remain on the ballot.
22    (c) The State Board of Elections shall certify to the
23county clerks the names of each of the candidates who have been
24nominated for the Office of Lieutenant Governor under
25subsection (a) of this Section and direct the election
26authority to place upon the official ballot for the general

 

 

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1election the names of those candidates in the same manner
2described in Section 16-3.
3    (d) The provisions of Section 10-8 through 10-10.1 shall
4apply to and govern objections to Certificates of Nomination
5filed pursuant to this Section. If a nominee for the Office of
6Lieutenant Governor is removed due to an objection, a vacancy
7is created that shall be filled by the nominee for the Office
8of Governor in the manner set forth in subsection of (a) of
9this 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
12mail 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)
21    Sec. 9-1.8. Political committees.
22    (a) "Political committee" includes a candidate political
23committee, a political party committee, a political action
24committee, a ballot initiative committee, and an independent
25expenditure committee.

 

 

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1    (b) "Candidate political committee" means the candidate
2himself or herself or any natural person, trust, partnership,
3corporation, or other organization or group of persons
4designated by the candidate that accepts contributions or makes
5expenditures during any 12-month period in an aggregate amount
6exceeding $5,000 $3,000 on behalf of the candidate.
7    (c) "Political party committee" means the State central
8committee of a political party, a county central committee of a
9political party, a legislative caucus committee, or a committee
10formed by a ward or township committeeman of a political party.
11For purposes of this Article, a "legislative caucus committee"
12means a committee established for the purpose of electing
13candidates to the General Assembly by the person elected
14President of the Senate, Minority Leader of the Senate, Speaker
15of the House of Representatives, Minority Leader of the House
16of Representatives, or a committee established by 5 or more
17members of the same caucus of the Senate or 10 or more members
18of the same caucus of the House of Representatives.
19    (d) "Political action committee" means any natural person,
20trust, partnership, committee, association, corporation, or
21other organization or group of persons, other than a candidate,
22political party, candidate political committee, or political
23party committee, that accepts contributions or makes
24expenditures during any 12-month period in an aggregate amount
25exceeding $5,000 $3,000 on behalf of or in opposition to a
26candidate or candidates for public office. "Political action

 

 

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1committee" includes any natural person, trust, partnership,
2committee, association, corporation, or other organization or
3group of persons, other than a candidate, political party,
4candidate political committee, or political party committee,
5that makes electioneering communications during any 12-month
6period in an aggregate amount exceeding $5,000 $3,000 related
7to any candidate or candidates for public office.
8    (e) "Ballot initiative committee" means any natural
9person, trust, partnership, committee, association,
10corporation, or other organization or group of persons that
11accepts contributions or makes expenditures during any
1212-month period in an aggregate amount exceeding $5,000 $3,000
13in support of or in opposition to any question of public policy
14to be submitted to the electors. "Ballot initiative committee"
15includes any natural person, trust, partnership, committee,
16association, corporation, or other organization or group of
17persons that makes electioneering communications during any
1812-month period in an aggregate amount exceeding $5,000 $3,000
19related to any question of public policy to be submitted to the
20voters. The $5,000 $3,000 threshold applies to any
21contributions or expenditures received or made with the purpose
22of securing a place on the ballot for, advocating the defeat or
23passage of, or engaging in electioneering communication
24regarding the question of public policy, regardless of the
25method of initiation of the question of public policy and
26regardless of whether petitions have been circulated or filed

 

 

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1with the appropriate office or whether the question has been
2adopted and certified by the governing body.
3    (f) "Independent expenditure committee" means any trust,
4partnership, committee, association, corporation, or other
5organization or group of persons formed for the exclusive
6purpose of making independent expenditures during any 12-month
7period in an aggregate amount exceeding $5,000 $3,000 in
8support of or in opposition to (i) the nomination for election,
9election, retention, or defeat of any public official or
10candidate or (ii) any question of public policy to be submitted
11to the electors. "Independent expenditure committee" also
12includes any trust, partnership, committee, association,
13corporation, or other organization or group of persons that
14makes electioneering communications that are not made in
15connection, consultation, or concert with or at the request or
16suggestion of a public official or candidate, a public
17official's or candidate's designated political committee or
18campaign, or an agent or agents of the public official,
19candidate, or political committee or campaign during any
2012-month period in an aggregate amount exceeding $5,000 $3,000
21related to (i) the nomination for election, election,
22retention, or defeat of any public official or candidate or
23(ii) any question of public policy to be submitted to the
24voters.
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
4contributions except as provided in this Section.
5    (b) During an election cycle, a candidate political
6committee may not accept contributions with an aggregate value
7over the following: (i) $5,000 from any individual, (ii)
8$10,000 from any corporation, labor organization, or
9association, or (iii) $50,000 from a candidate political
10committee or political action committee. A candidate political
11committee may accept contributions in any amount from a
12political party committee except during an election cycle in
13which the candidate seeks nomination at a primary election.
14During an election cycle in which the candidate seeks
15nomination at a primary election, a candidate political
16committee may not accept contributions from political party
17committees with an aggregate value over the following: (i)
18$200,000 for a candidate political committee established to
19support a candidate seeking nomination to statewide office,
20(ii) $125,000 for a candidate political committee established
21to support a candidate seeking nomination to the Senate, the
22Supreme Court or Appellate Court in the First Judicial
23District, or an office elected by all voters in a county with
241,000,000 or more residents, (iii) $75,000 for a candidate
25political committee established to support a candidate seeking
26nomination to the House of Representatives, the Supreme Court

 

 

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1or Appellate Court for a Judicial District other than the First
2Judicial District, an office elected by all voters of a county
3of fewer than 1,000,000 residents, and municipal and county
4offices in Cook County other than those elected by all voters
5of Cook County, and (iv) $50,000 for a candidate political
6committee established to support the nomination of a candidate
7to any other office. A candidate political committee
8established to elect a candidate to the General Assembly may
9accept contributions from only one legislative caucus
10committee. A candidate political committee may not accept
11contributions from a ballot initiative committee or from an
12independent expenditure committee.
13    (c) During an election cycle, a political party committee
14may not accept contributions with an aggregate value over the
15following: (i) $10,000 from any individual, (ii) $20,000 from
16any corporation, labor organization, or association, or (iii)
17$50,000 from a political action committee. A political party
18committee may accept contributions in any amount from another
19political party committee or a candidate political committee,
20except as provided in subsection (c-5). Nothing in this Section
21shall limit the amounts that may be transferred between a
22political party committee established under subsection (a) of
23Section 7-8 of this Code and an affiliated federal political
24committee established under the Federal Election Code by the
25same political party. A political party committee may not
26accept contributions from a ballot initiative committee or from

 

 

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1an independent expenditure committee. A political party
2committee established by a legislative caucus may not accept
3contributions from another political party committee
4established by a legislative caucus.
5    (c-5) During the period beginning on the date candidates
6may begin circulating petitions for a primary election and
7ending on the day of the primary election, a political party
8committee may not accept contributions with an aggregate value
9over $50,000 from a candidate political committee or political
10party committee. A political party committee may accept
11contributions in any amount from a candidate political
12committee or political party committee if the political party
13committee receiving the contribution filed a statement of
14nonparticipation in the primary as provided in subsection
15(c-10). The Task Force on Campaign Finance Reform shall study
16and make recommendations on the provisions of this subsection
17to the Governor and General Assembly by September 30, 2012.
18This subsection becomes inoperative on July 1, 2013 and
19thereafter no longer applies.
20    (c-10) A political party committee that does not intend to
21make contributions to candidates to be nominated at a general
22primary election or consolidated primary election may file a
23Statement of Nonparticipation in a Primary Election with the
24Board. The Statement of Nonparticipation shall include a
25verification signed by the chairperson and treasurer of the
26committee that (i) the committee will not make contributions or

 

 

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1coordinated expenditures in support of or opposition to a
2candidate or candidates to be nominated at the general primary
3election or consolidated primary election (select one) to be
4held on (insert date), (ii) the political party committee may
5accept unlimited contributions from candidate political
6committees and political party committees, provided that the
7political party committee does not make contributions to a
8candidate or candidates to be nominated at the primary
9election, and (iii) failure to abide by these requirements
10shall deem the political party committee in violation of this
11Article and subject the committee to a fine of no more than
12150% of the total contributions or coordinated expenditures
13made by the committee in violation of this Article. This
14subsection becomes inoperative on July 1, 2013 and thereafter
15no longer applies.
16    (d) During an election cycle, a political action committee
17may not accept contributions with an aggregate value over the
18following: (i) $10,000 from any individual, (ii) $20,000 from
19any corporation, labor organization, political party
20committee, or association, or (iii) $50,000 from a political
21action committee or candidate political committee. A political
22action committee may not accept contributions from a ballot
23initiative committee or from an independent expenditure
24committee.
25    (e) A ballot initiative committee may accept contributions
26in any amount from any source, provided that the committee

 

 

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1files the document required by Section 9-3 of this Article and
2files the disclosure reports required by the provisions of this
3Article.
4    (e-5) An independent expenditure committee may accept
5contributions in any amount from any source, provided that the
6committee files the document required by Section 9-3 of this
7Article and files the disclosure reports required by the
8provisions of this Article.
9    (f) Nothing in this Section shall prohibit a political
10committee from dividing the proceeds of joint fundraising
11efforts; provided that no political committee may receive more
12than the limit from any one contributor, and provided that an
13independent expenditure committee may not conduct joint
14fundraising efforts with a candidate political committee or a
15political party committee.
16    (g) On January 1 of each odd-numbered year, the State Board
17of Elections shall adjust the amounts of the contribution
18limitations established in this Section for inflation as
19determined by the Consumer Price Index for All Urban Consumers
20as issued by the United States Department of Labor and rounded
21to the nearest $100. The State Board shall publish this
22information on its official website.
23    (h) Self-funding candidates. If a public official, a
24candidate, or the public official's or candidate's immediate
25family contributes or loans to the public official's or
26candidate's political committee or to other political

 

 

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1committees that transfer funds to the public official's or
2candidate's political committee or makes independent
3expenditures for the benefit of the public official's or
4candidate's campaign during the 12 months prior to an election
5in an aggregate amount of more than (i) $250,000 for statewide
6office or (ii) $100,000 for all other elective offices, then
7the public official or candidate shall file with the State
8Board of Elections, within one day, a Notification of
9Self-funding that shall detail each contribution or loan made
10by the public official, the candidate, or the public official's
11or candidate's immediate family. Within 2 business days after
12the filing of a Notification of Self-funding, the notification
13shall be posted on the Board's website and the Board shall give
14official notice of the filing to each candidate for the same
15office as the public official or candidate making the filing,
16including the public official or candidate filing the
17Notification of Self-funding. Notice shall be sent via first
18class mail to the candidate and the treasurer of the
19candidate's committee. Notice shall also be sent by e-mail to
20the candidate and the treasurer of the candidate's committee if
21the candidate and the treasurer, as applicable, have provided
22the Board with an e-mail address. Upon posting of the receiving
23notice on from the Board's website Board, all candidates for
24that office, including the public official or candidate who
25filed a Notification of Self-funding, shall be permitted to
26accept contributions in excess of any contribution limits

 

 

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1imposed by subsection (b). If a public official or candidate
2filed a Notification of Self-funding during an election cycle
3that includes a general primary election or consolidated
4primary election and that public official or candidate is
5nominated, all candidates for that office, including the
6nominee who filed the notification of self-funding, shall be
7permitted to accept contributions in excess of any contribution
8limit imposed by subsection (b) for the subsequent election
9cycle. For the purposes of this subsection, "immediate family"
10means the spouse, parent, or child of a public official or
11candidate.
12    (h-5) If a natural person or independent expenditure
13committee makes independent expenditures in support of or in
14opposition to the campaign of a particular public official or
15candidate in an aggregate amount of more than (i) $250,000 for
16statewide office or (ii) $100,000 for all other elective
17offices in an election cycle, as reported in a written
18disclosure filed under subsection (a) of Section 9-8.6 or
19subsection (e-5) of Section 9-10, then the State Board of
20Elections shall, within 2 business days after the filing of the
21disclosure, post the disclosure on the Board's website and give
22official notice of the disclosure to each candidate for the
23same office as the public official or candidate for whose
24benefit or detriment the natural person or independent
25expenditure committee made independent expenditures. Upon
26posting of the receiving notice on from the Board's website

 

 

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1Board, all candidates for that office in that election,
2including the public official or candidate for whose benefit or
3detriment the natural person or independent expenditure
4committee made independent expenditures, shall be permitted to
5accept contributions in excess of any contribution limits
6imposed by subsection (b).
7    (h-10) If the State Board of Elections receives
8notification or determines that a natural person or persons, an
9independent expenditure committee or committees, or
10combination thereof has made independent expenditures in
11support of or in opposition to the campaign of a particular
12public official or candidate in an aggregate amount of more
13than (i) $250,000 for statewide office or (ii) $100,000 for all
14other elective offices in an election cycle, then the Board
15shall, within 2 business days after discovering the independent
16expenditures that, in the aggregate, exceed the threshold set
17forth in (i) and (ii) of this subsection, post notice of this
18fact on the Board's website and give official notice to each
19candidate for the same office as the public official or
20candidate for whose benefit or detriment the independent
21expenditures were made. Notice shall be sent via first class
22mail to the candidate and the treasurer of the candidate's
23committee. Notice shall also be sent by e-mail to the candidate
24and the treasurer of the candidate's committee if the candidate
25and the treasurer, as applicable, have provided the Board with
26an e-mail address. Upon posting of the notice on the Board's

 

 

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1website, all candidates of that office in that election,
2including the public official or candidate for whose benefit or
3detriment the independent expenditures were made, may accept
4contributions in excess of any contribution limits imposed by
5subsection (b). The Campaign Finance Task Force shall submit a
6report to the Governor and General Assembly no later than
7February 1, 2013. The report shall examine and make
8recommendations regarding the provisions in this subsection
9including, but not limited to, case law concerning independent
10expenditures, the manner in which independent expenditures are
11handled in the other states and at the federal level,
12independent expenditures made in Illinois during the 2012
13general primary and, separately, the 2012 general election, and
14independent expenditures made at the federal level during the
152012 general election. The Task Force shall conduct at least 2
16public hearings regarding independent expenditures.
17    (i) For the purposes of this Section, a corporation, labor
18organization, association, or a political action committee
19established by a corporation, labor organization, or
20association may act as a conduit in facilitating the delivery
21to a political action committee of contributions made through
22dues, levies, or similar assessments and the political action
23committee may report the contributions in the aggregate,
24provided that: (i) contributions made through dues, levies, or
25similar assessments paid by any natural person, corporation,
26labor organization, or association in a calendar year may not

 

 

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1exceed the limits set forth in this Section; (ii) the
2corporation, labor organization, association, or a political
3action committee established by a corporation, labor
4organization, or association facilitating the delivery of
5contributions maintains a list of natural persons,
6corporations, labor organizations, and associations that paid
7the dues, levies, or similar assessments from which the
8contributions comprising the aggregate amount derive; and
9(iii) contributions made through dues, levies, or similar
10assessments paid by any natural person, corporation, labor
11organization, or association that exceed $500 in a quarterly
12reporting period shall be itemized on the committee's quarterly
13report and may not be reported in the aggregate. A political
14action committee facilitating the delivery of contributions or
15receiving contributions shall disclose the amount of
16contributions made through dues delivered or received and the
17name of the corporation, labor organization, association, or
18political action committee delivering the contributions, if
19applicable. On January 1 of each odd-numbered year, the State
20Board of Elections shall adjust the amounts of the contribution
21limitations established in this subsection for inflation as
22determined by the Consumer Price Index for All Urban Consumers
23as issued by the United States Department of Labor and rounded
24to the nearest $100. The State Board shall publish this
25information on its official website.
26    (j) A political committee that receives a contribution or

 

 

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1transfer in violation of this Section shall dispose of the
2contribution or transfer by returning the contribution or
3transfer, or an amount equal to the contribution or transfer,
4to the contributor or transferor or donating the contribution
5or transfer, or an amount equal to the contribution or
6transfer, to a charity. A contribution or transfer received in
7violation of this Section that is not disposed of as provided
8in this subsection within 30 days after the Board sends
9notification to the political committee of the excess
10contribution by certified mail shall escheat to the General
11Revenue Fund and the political committee shall be deemed in
12violation of this Section and subject to a civil penalty not to
13exceed 150% of the total amount of the contribution.
14    (k) For the purposes of this Section, "statewide office"
15means the Governor, Lieutenant Governor, Attorney General,
16Secretary of State, Comptroller, and Treasurer.
17    (l) This Section is repealed if and when the United States
18Supreme Court invalidates contribution limits on committees
19formed to assist candidates, political parties, corporations,
20associations, or labor organizations established by or
21pursuant 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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1Code, that makes an expenditure for a pamphlet, circular,
2handbill, Internet or telephone communication, radio,
3television, or print advertisement, or other communication
4directed at voters and mentioning the name of a candidate in
5the next upcoming election shall ensure that the name of the
6political committee paying for any part of the communication,
7including, but not limited to, its preparation and
8distribution, is identified clearly within the communication
9as the payor. This subsection does not apply to items that are
10too small to contain the required disclosure. This subsection
11does not apply to an expenditure for the preparation or
12distribution of any printed communication directed at
13constituents of a member of the General Assembly if the
14expenditure is made by a political committee in accordance with
15subsection (c) of Section 9-8.10. Nothing in this subsection
16shall require disclosure on any telephone communication using
17random sampling or other scientific survey methods to gauge
18public opinion for or against any candidate or question of
19public policy.
20    Whenever any vendor or other person provides any of the
21services listed in this subsection, other than any telephone
22communication using random sampling or other scientific survey
23methods to gauge public opinion for or against any candidate or
24question of public policy, the vendor or person shall keep and
25maintain records showing the name and address of the person who
26purchased or requested the services and the amount paid for the

 

 

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1services. The records required by this subsection shall be kept
2for a period of one year after the date upon which payment was
3received for the services.
4    (b) Any political committee, organized under this Code,
5that makes an expenditure for a pamphlet, circular, handbill,
6Internet or telephone communication, radio, television, or
7print advertisement, or other communication directed at voters
8and (i) mentioning the name of a candidate in the next upcoming
9election, without that candidate's permission, or (ii)
10advocating for or against a public policy position shall ensure
11that the name of the political committee paying for any part of
12the communication, including, but not limited to, its
13preparation and distribution, is identified clearly within the
14communication. Nothing in this subsection shall require
15disclosure on any telephone communication using random
16sampling or other scientific survey methods to gauge public
17opinion for or against any candidate or question of public
18policy.
19    (c) A political committee organized under this Code shall
20not make an expenditure for any unsolicited telephone call to
21the line of a residential telephone customer in this State
22using any method to block or otherwise circumvent that
23customer's use of a caller identification service.
24(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06;
2595-699, 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
3authority or the local election official with whom petitions
4for nomination are filed pursuant to this Article 10 shall
5specify the place where filings shall be made and upon receipt
6shall endorse thereon the day and the hour at which each
7petition was filed. Except as provided by Article 9 of The
8School Code, all petitions filed by persons waiting in line as
9of 8:00 a.m. on the first day for filing, or as of the normal
10opening hour of the office involved on such day, shall be
11deemed filed as of 8:00 a.m. or the normal opening hour, as the
12case may be. Petitions filed by mail and received after
13midnight of the first day for filing and in the first mail
14delivery or pickup of that day shall be deemed filed as of 8:00
15a.m. of that day or as of the normal opening hour of such day,
16as the case may be. All petitions received thereafter shall be
17deemed filed in the order of actual receipt. However, 2 or more
18petitions filed within the last hour of the filing deadline
19shall be deemed filed simultaneously. Where 2 or more petitions
20are received simultaneously, the State Board of Elections, the
21election authority or the local election official with whom
22such petitions are filed shall break ties and determine the
23order of filing by means of a lottery or other fair and
24impartial method of random selection approved by the State
25Board of Elections. Such lottery shall be conducted within 9
26days following the last day for petition filing and shall be

 

 

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1open to the public. Seven days written notice of the time and
2place of conducting such random selection shall be given, by
3the State Board of Elections, the election authority, or local
4election official, to the Chairman of each political party, and
5to each organization of citizens within the election
6jurisdiction which was entitled, under this Code, at the next
7preceding election, to have pollwatchers present on the day of
8election. The State Board of Elections, the election authority
9or local election official shall post in a conspicuous, open
10and public place, at the entrance of the office, notice of the
11time and place of such lottery. The State Board of Elections
12shall adopt rules and regulations governing the procedures for
13the conduct of such lottery. All candidates shall be certified
14in the order in which their petitions have been filed and in
15the manner prescribed by Section 10-14 and 10-15 of this
16Article. Where candidates have filed simultaneously, they
17shall be certified in the order determined by lot and prior to
18candidates who filed for the same office or offices at a later
19time. Certificates of nomination filed within the period
20prescribed in Section 10-6(2) for candidates nominated by
21caucus for township or municipal offices shall be subject to
22the ballot placement lottery for established political parties
23prescribed in Section 7-60 of this Code.
24    If multiple sets of nomination papers are filed for a
25candidate to the same office, the State Board of Elections,
26appropriate election authority or local election official

 

 

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1where the petitions are filed shall within 2 business days
2notify the candidate of his or her multiple petition filings
3and that the candidate has 3 business days after receipt of the
4notice to notify the State Board of Elections, appropriate
5election authority or local election official that he or she
6may cancel prior sets of petitions. If the candidate notifies
7the State Board of Elections, appropriate election authority or
8local election official, the last set of petitions filed shall
9be the only petitions to be considered valid by the State Board
10of Elections, election authority or local election official. If
11the candidate fails to notify the State Board of Elections,
12appropriate election authority or local election official then
13only the first set of petitions filed shall be valid and all
14subsequent 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
18candidate may cause his name to be withdrawn from any such
19nomination by his request in writing, signed by him and duly
20acknowledged before an officer qualified to take
21acknowledgment of deeds, and presented to the principal office
22or permanent branch office of the Board, the election
23authority, or the local election official, as the case may be,
24not later than the date for certification of candidates for the
25ballot. No name so withdrawn shall be printed upon the ballots

 

 

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1under the party appellation or title from which the candidate
2has withdrawn his name. If such a request for withdrawal is
3received after the date for certification of the candidates for
4the ballot, then the votes cast for the withdrawn candidate are
5invalid and shall not be reported by the election authority. If
6the name of the same person has been presented as a candidate
7for 2 or more offices which are incompatible so that the same
8person could not serve in more than one of such offices if
9elected, that person must withdraw as a candidate for all but
10one of such offices within the 5 business days following the
11last day for petition filing. If he fails to withdraw as a
12candidate for all but one of such offices within such time, his
13name shall not be certified, nor printed on the ballot, for any
14office. However, nothing in this section shall be construed as
15precluding a judge who is seeking retention in office from also
16being a candidate for another judicial office. Except as
17otherwise herein provided, in case the certificate of
18nomination or petition as provided for in this Article shall
19contain or exhibit the name of any candidate for any office
20upon more than one of said certificates or petitions (for the
21same office), then and in that case the Board or election
22authority or local election official, as the case may be, shall
23immediately notify said candidate of said fact and that his
24name appears unlawfully upon more than one of said certificates
25or petitions and that within 3 days from the receipt of said
26notification, said candidate must elect as to which of said

 

 

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1political party appellations or groups he desires his name to
2appear and remain under upon said ballot, and if said candidate
3refuses, fails or neglects to make such election, then and in
4that case the Board or election authority or local election
5official, as the case may be, shall permit the name of said
6candidate to appear or be printed or placed upon said ballot
7only under the political party appellation or group appearing
8on the certificate of nomination or petition, as the case may
9be, first filed, and shall strike or cause to be stricken the
10name of said candidate from all certificates of nomination and
11petitions filed after the first such certificate of nomination
12or petition.
13    Whenever the name of a candidate for an office is withdrawn
14from a new political party petition, it shall constitute a
15vacancy in nomination for that office which may be filled in
16accordance with Section 10-11 of this Article; provided, that
17if the names of all candidates for all offices on a new
18political party petition are withdrawn or such petition is
19declared invalid by an electoral board or upon judicial review,
20no vacancies in nomination for those offices shall exist and
21the filing of any notice or resolution purporting to fill
22vacancies in nomination shall have no legal effect.
23    Whenever the name of an independent candidate for an office
24is withdrawn or an independent candidate's petition is declared
25invalid by an electoral board or upon judicial review, no
26vacancy in nomination for that office shall exist and the

 

 

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1filing of any notice or resolution purporting to fill a vacancy
2in nomination shall have no legal effect.
3    All certificates of nomination and nomination papers when
4presented or filed shall be open, under proper regulation, to
5public inspection, and the State Board of Elections and the
6several election authorities and local election officials
7having charge of nomination papers shall preserve the same in
8their 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
12for the purpose of hearing and passing upon the objector's
13petition 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
10county officers electoral board of the county in which the
11principal office of the district is located has jurisdiction to
12hear and pass upon objections. For purposes of this Section,
13"special districts" means all political subdivisions other
14than counties, municipalities, townships and school and
15community college districts.
16    In the event that any member of the appropriate board is a
17candidate for the office with relation to which the objector's
18petition is filed, he shall not be eligible to serve on that
19board and shall not act as a member of the board and his place
20shall 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
10ineligible to act because of the fact that he or she is a
11candidate for the office with relation to which the objector's
12petition is filed, then the substitute chosen under the
13provisions of this Section shall be the chairman; In this case,
14the officer or board with whom the objector's petition is
15filed, shall transmit the certificate of nomination or
16nomination papers as the case may be, and the objector's
17petition to the substitute chairman of the electoral board.
18    When 2 or more eligible individuals, by reason of their
19terms of service on a city council or board of trustees,
20township board of trustees, or school or community college
21district board, qualify to serve on an electoral board, the one
22to serve shall be chosen by lot.
23    Any vacancies on an electoral board not otherwise filled
24pursuant to this Section shall be filled by public members
25appointed by the Chief Judge of the Circuit Court for the
26county wherein the electoral board hearing is being held upon

 

 

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1notification to the Chief Judge of such vacancies. The Chief
2Judge shall be so notified by a member of the electoral board
3or the officer or board with whom the objector's petition was
4filed. In the event that none of the individuals designated by
5this Section to serve on the electoral board are eligible, the
6chairman of an electoral board shall be designated by the Chief
7Judge.
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
11certificate of nomination or nomination papers or proposed
12question of public policy, as the case may be, and the
13objector's petition, the chairman of the electoral board other
14than the State Board of Elections shall send a call by
15registered or certified mail to each of the members of the
16electoral board, and to the objector who filed the objector's
17petition, and either to the candidate whose certificate of
18nomination or nomination papers are objected to or to the
19principal proponent or attorney for proponents of a question of
20public policy, as the case may be, whose petitions are objected
21to, and shall also cause the sheriff of the county or counties
22in which such officers and persons reside to serve a copy of
23such call upon each of such officers and persons, which call
24shall set out the fact that the electoral board is required to
25meet to hear and pass upon the objections to nominations made

 

 

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1for the office, designating it, and shall state the day, hour
2and place at which the electoral board shall meet for the
3purpose, which place shall be in the county court house in the
4county in the case of the County Officers Electoral Board, the
5Municipal Officers Electoral Board, the Township Officers
6Electoral Board or the Education Officers Electoral Board,
7except that the Municipal Officers Electoral Board, the
8Township Officers Electoral Board, and the Education Officers
9Electoral Board may meet at the location where the governing
10body of the municipality, township, or school or community
11college district, respectively, holds its regularly scheduled
12meetings, if that location is available; provided that voter
13records may be removed from the offices of an election
14authority only at the discretion and under the supervision of
15the election authority. In those cases where the State Board of
16Elections is the electoral board designated under Section 10-9,
17the chairman of the State Board of Elections shall, within 24
18hours after the receipt of the certificate of nomination or
19nomination papers or petitions for a proposed amendment to
20Article IV of the Constitution or proposed statewide question
21of public policy, send a call by registered or certified mail
22to the objector who files the objector's petition, and either
23to the candidate whose certificate of nomination or nomination
24papers are objected to or to the principal proponent or
25attorney for proponents of the proposed Constitutional
26amendment or statewide question of public policy and shall

 

 

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1state the day, hour and place at which the electoral board
2shall meet for the purpose, which place may be in the Capitol
3Building or in the principal or permanent branch office of the
4State Board. The day of the meeting shall not be less than 3
5nor more than 5 days after the receipt of the certificate of
6nomination or nomination papers and the objector's petition by
7the chairman of the electoral board.
8    The electoral board shall have the power to administer
9oaths and to subpoena and examine witnesses and at the request
10of either party the chairman may issue subpoenas requiring the
11attendance of witnesses and subpoenas duces tecum requiring the
12production of such books, papers, records and documents as may
13be evidence of any matter under inquiry before the electoral
14board, in the same manner as witnesses are subpoenaed in the
15Circuit Court.
16    Service of such subpoenas shall be made by any sheriff or
17other person in the same manner as in cases in such court and
18the fees of such sheriff shall be the same as is provided by
19law, and shall be paid by the objector or candidate who causes
20the issuance of the subpoena. In case any person so served
21shall knowingly neglect or refuse to obey any such subpoena, or
22to testify, the electoral board shall at once file a petition
23in the circuit court of the county in which such hearing is to
24be heard, or has been attempted to be heard, setting forth the
25facts, of such knowing refusal or neglect, and accompanying the
26petition with a copy of the citation and the answer, if one has

 

 

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1been filed, together with a copy of the subpoena and the return
2of service thereon, and shall apply for an order of court
3requiring such person to attend and testify, and forthwith
4produce books and papers, before the electoral board. Any
5circuit court of the state, excluding the judge who is sitting
6on the electoral board, upon such showing shall order such
7person to appear and testify, and to forthwith produce such
8books and papers, before the electoral board at a place to be
9fixed by the court. If such person shall knowingly fail or
10refuse to obey such order of the court without lawful excuse,
11the court shall punish him or her by fine and imprisonment, as
12the nature of the case may require and may be lawful in cases
13of contempt of court.
14    The electoral board on the first day of its meeting shall
15adopt rules of procedure for the introduction of evidence and
16the presentation of arguments and may, in its discretion,
17provide for the filing of briefs by the parties to the
18objection or by other interested persons.
19    In the event of a State Electoral Board hearing on
20objections to a petition for an amendment to Article IV of the
21Constitution pursuant to Section 3 of Article XIV of the
22Constitution, or to a petition for a question of public policy
23to be submitted to the voters of the entire State, the
24certificates of the county clerks and boards of election
25commissioners showing the results of the random sample of
26signatures on the petition shall be prima facie valid and

 

 

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1accurate, and shall be presumed to establish the number of
2valid and invalid signatures on the petition sheets reviewed in
3the random sample, as prescribed in Section 28-11 and 28-12 of
4this Code. Either party, however, may introduce evidence at
5such hearing to dispute the findings as to particular
6signatures. In addition to the foregoing, in the absence of
7competent evidence presented at such hearing by a party
8substantially challenging the results of a random sample, or
9showing a different result obtained by an additional sample,
10this certificate of a county clerk or board of election
11commissioners shall be presumed to establish the ratio of valid
12to invalid signatures within the particular election
13jurisdiction.
14    The electoral board shall take up the question as to
15whether or not the certificate of nomination or nomination
16papers or petitions are in proper form, and whether or not they
17were filed within the time and under the conditions required by
18law, and whether or not they are the genuine certificate of
19nomination or nomination papers or petitions which they purport
20to be, and whether or not in the case of the certificate of
21nomination in question it represents accurately the decision of
22the caucus or convention issuing it, and in general shall
23decide whether or not the certificate of nomination or
24nominating papers or petitions on file are valid or whether the
25objections thereto should be sustained and the decision of a
26majority of the electoral board shall be final subject to

 

 

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1judicial review as provided in Section 10-10.1. The electoral
2board must state its findings in writing and must state in
3writing which objections, if any, it has sustained. A copy of
4the decision shall be served upon the parties to the
5proceedings in open proceedings before the electoral board. If
6a party does not appear for receipt of the decision, the
7decision shall be deemed to have been served on the absent
8party on the date when a copy of the decision is personally
9delivered or on the date when a copy of the decision is
10deposited in the Unites States mail, in a sealed envelope or
11package, with postage prepaid, addressed to each party affected
12by the decision or to such party's attorney of record, if any,
13at the address on record for such person in the files of the
14electoral board.
15    Upon the expiration of the period within which a proceeding
16for judicial review must be commenced under Section 10-10.1,
17the electoral board shall, unless a proceeding for judicial
18review has been commenced within such period, transmit, by
19registered or certified mail, a certified copy of its ruling,
20together with the original certificate of nomination or
21nomination papers or petitions and the original objector's
22petition, to the officer or board with whom the certificate of
23nomination or nomination papers or petitions, as objected to,
24were on file, and such officer or board shall abide by and
25comply 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
3authorized in the following manner:
4    (1) Each established political party shall be entitled to
5appoint two pollwatchers per precinct. Such pollwatchers must
6be affiliated with the political party for which they are
7pollwatching. For all elections, the pollwatchers must be
8registered to vote in Illinois.
9    (2) Each candidate shall be entitled to appoint two
10pollwatchers per precinct. For all elections, the pollwatchers
11must be registered to vote in Illinois.
12    (3) Each organization of citizens within the county or
13political subdivision, which has among its purposes or
14interests the investigation or prosecution of election frauds,
15and which shall have registered its name and address and the
16name and addresses of its principal officers with the proper
17election authority at least 40 days before the election, shall
18be entitled to appoint one pollwatcher per precinct. For all
19elections, the pollwatcher must be registered to vote in
20Illinois.
21    (3.5) Each State nonpartisan civic organization within the
22county or political subdivision shall be entitled to appoint
23one pollwatcher per precinct, provided that no more than 2
24pollwatchers appointed by State nonpartisan civic
25organizations shall be present in a precinct polling place at

 

 

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1the same time. Each organization shall have registered the
2names and addresses of its principal officers with the proper
3election authority at least 40 days before the election. The
4pollwatchers must be registered to vote in Illinois. For the
5purpose of this paragraph, a "State nonpartisan civic
6organization" means any corporation, unincorporated
7association, 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
22the offices of a municipality of less than 3,000,000 population
23that is situated in 2 or more counties, a pollwatcher who is a
24resident of Illinois shall be eligible to serve as a
25pollwatcher in any poll located within such municipality,
26provided that such pollwatcher otherwise complies with the

 

 

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1respective requirements of subsections (1) through (3) of this
2Section and is a registered voter in Illinois.
3    (5) Each organized group of proponents or opponents of a
4ballot proposition, which shall have registered the name and
5address of its organization or committee and the name and
6address of its chairman with the proper election authority at
7least 40 days before the election, shall be entitled to appoint
8one pollwatcher per precinct. The pollwatcher must be
9registered to vote in Illinois.
10    All pollwatchers shall be required to have proper
11credentials. Such credentials shall be printed in sufficient
12quantities, shall be issued by and under the facsimile
13signature(s) of the election authority or the State Board of
14Elections and shall be available for distribution by the
15election authority and State Board of Elections at least 2
16weeks prior to the election. Such credentials shall be
17authorized by the real or facsimile signature of the State or
18local party official or the candidate or the presiding officer
19of the civic organization or the chairman of the proponent or
20opponent group, as the case may be. Neither the The election
21authority nor the State Board of Elections may not require any
22such party official or the candidate or the presiding officer
23of the civic organization or the chairman of the proponent or
24opponent group to submit the names or other information
25concerning pollwatchers before making credentials available to
26such persons or organizations.

 

 

09800HB2418sam002- 153 -LRB098 07643 HLH 46537 a

1    Pollwatcher credentials shall be in substantially the
2following form:
 
3
POLLWATCHER CREDENTIALS
4TO THE JUDGES OF ELECTION:
5    In accordance with the provisions of the Election Code, the
6undersigned hereby appoints .......... (name of pollwatcher)
7who resides at ........... (address) in the county of
8..........., .......... (township or municipality) of
9........... (name), State of Illinois and who is duly
10registered to vote from this address, to act as a pollwatcher
11in the ........... precinct of the ........... ward (if
12applicable) of the ........... (township or municipality) of
13........... at the ........... election to be held on (insert
14date).
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
20of the Election Code, the undersigned pollwatcher certifies
21that he or she resides at ................ (address) in the
22county of ............, ......... (township or municipality)
23of ........... (name), State of Illinois, and is duly
24registered to vote in Illinois.

 

 

09800HB2418sam002- 154 -LRB098 07643 HLH 46537 a

1..........................            .......................
2(Precinct and/or Ward in           (Signature of Pollwatcher)
3Which Pollwatcher Resides)
 
4    Pollwatchers must present their credentials to the Judges
5of Election upon entering the polling place. Pollwatcher
6credentials properly executed and signed shall be proof of the
7qualifications of the pollwatcher authorized thereby. Such
8credentials are retained by the Judges and returned to the
9Election Authority at the end of the day of election with the
10other election materials. Once a pollwatcher has surrendered a
11valid credential, he may leave and reenter the polling place
12provided that such continuing action does not disrupt the
13conduct of the election. Pollwatchers may be substituted during
14the course of the day, but established political parties,
15candidates and qualified civic organizations can have only as
16many pollwatchers at any given time as are authorized in this
17Article. A substitute must present his signed credential to the
18judges of election upon entering the polling place. Election
19authorities must provide a sufficient number of credentials to
20allow for substitution of pollwatchers. After the polls have
21closed pollwatchers shall be allowed to remain until the
22canvass of votes is completed; but may leave and reenter only
23in cases of necessity, provided that such action is not so
24continuous as to disrupt the canvass of votes.
25    Candidates seeking office in a district or municipality

 

 

09800HB2418sam002- 155 -LRB098 07643 HLH 46537 a

1encompassing 2 or more counties shall be admitted to any and
2all polling places throughout such district or municipality
3without regard to the counties in which such candidates are
4registered to vote. Actions of such candidates shall be
5governed in each polling place by the same privileges and
6limitations that apply to pollwatchers as provided in this
7Section. Any such candidate who engages in an activity in a
8polling place which could reasonably be construed by a majority
9of the judges of election as campaign activity shall be removed
10forthwith from such polling place.
11    Candidates seeking office in a district or municipality
12encompassing 2 or more counties who desire to be admitted to
13polling places on election day in such district or municipality
14shall be required to have proper credentials. Such credentials
15shall be printed in sufficient quantities, shall be issued by
16and under the facsimile signature of the State Board of
17Elections or the election authority of the election
18jurisdiction where the polling place in which the candidate
19seeks admittance is located, and shall be available for
20distribution at least 2 weeks prior to the election. Such
21credentials shall be signed by the candidate.
22    Candidate credentials shall be in substantially the
23following 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
3for ....... (name of office) and seek admittance to .......
4precinct of the ....... ward (if applicable) of the .......
5(township or municipality) of ....... at the ....... election
6to 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
13and view all reasonably requested records relating to the
14conduct of the election, provided the secrecy of the ballot is
15not impinged, and to station themselves in a position in the
16voting room as will enable them to observe the judges making
17the signature comparison between the voter application and the
18voter registration record card; provided, however, that such
19pollwatchers shall not be permitted to station themselves in
20such close proximity to the judges of election so as to
21interfere with the orderly conduct of the election and shall
22not, in any event, be permitted to handle election materials.
23Pollwatchers may challenge for cause the voting qualifications
24of a person offering to vote and may call to the attention of
25the judges of election any incorrect procedure or apparent

 

 

09800HB2418sam002- 157 -LRB098 07643 HLH 46537 a

1violations of this Code.
2    If a majority of the judges of election determine that the
3polling place has become too overcrowded with pollwatchers so
4as to interfere with the orderly conduct of the election, the
5judges shall, by lot, limit such pollwatchers to a reasonable
6number, except that each established or new political party
7shall be permitted to have at least one pollwatcher present.
8    Representatives of an election authority, with regard to an
9election under its jurisdiction, the State Board of Elections,
10and law enforcement agencies, including but not limited to a
11United States Attorney, a State's attorney, the Attorney
12General, and a State, county, or local police department, in
13the performance of their official election duties, shall be
14permitted at all times to enter and remain in the polling
15place. Upon entering the polling place, such representatives
16shall display their official credentials or other
17identification to the judges of election.
18    Uniformed police officers assigned to polling place duty
19shall follow all lawful instructions of the judges of election.
20    The provisions of this Section shall also apply to
21supervised casting of absentee ballots as provided in Section
2219-12.2 of this Act.
23(Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07;
2495-699, 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
3shall complete the validation and counting of provisional
4ballots within 14 calendar days of the day of the election. The
5county clerk or board of election commissioners shall have 7
6calendar days from the completion of the validation and
7counting of provisional ballots to conduct its final canvass.
8The State Board of Elections shall complete within 31 calendar
9days of the election or sooner if all the returns are received,
10its final canvass of the vote for all public offices.
11    (b) If a county clerk or board of election commissioners
12determines that all of the following apply, then a provisional
13ballot 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
6county clerk or board of election commissioners shall
7investigate and record whether or not the specified information
8is available from each of the 5 identified sources. If the
9information is available from one or more of the identified
10sources, then the county clerk or board of election
11commissioners shall seek to obtain the information from each of
12those sources until satisfied, with information from at least
13one of those sources, that the provisional voter is registered
14and entitled to vote. The county clerk or board of election
15commissioners shall use any information it obtains as the basis
16for determining the voter registration status of the
17provisional voter. If a conflict exists among the information
18available to the county clerk or board of election
19commissioners as to the registration status of the provisional
20voter, then the county clerk or board of election commissioners
21shall make a determination based on the totality of the
22circumstances. In a case where the above information equally
23supports or opposes the registration status of the voter, the
24county clerk or board of election commissioners shall decide in
25favor of the provisional voter as being duly registered to
26vote. If the statewide voter registration database maintained

 

 

09800HB2418sam002- 161 -LRB098 07643 HLH 46537 a

1by the State Board of Elections indicates that the provisional
2voter is registered to vote, but the county clerk's or board of
3election commissioners' voter registration database indicates
4that the provisional voter is not registered to vote, then the
5information found in the statewide voter registration database
6shall control the matter and the provisional voter shall be
7deemed to be registered to vote. If the records of the county
8clerk or board of election commissioners indicates that the
9provisional voter is registered to vote, but the statewide
10voter registration database maintained by the State Board of
11Elections indicates that the provisional voter is not
12registered to vote, then the information found in the records
13of the county clerk or board of election commissioners shall
14control the matter and the provisional voter shall be deemed to
15be registered to vote. If the provisional voter's signature on
16his or her provisional ballot request varies from the signature
17on an otherwise valid registration application solely because
18of the substitution of initials for the first or middle name,
19the election authority may not reject the provisional ballot.
20    (d) In validating the registration status of a person
21casting a provisional ballot, the county clerk or board of
22election commissioners shall not require a provisional voter to
23complete any form other than the affidavit executed by the
24provisional voter under subsection (b)(2) of Section 18A-5. In
25addition, the county clerk or board of election commissioners
26shall not require all provisional voters or any particular

 

 

09800HB2418sam002- 162 -LRB098 07643 HLH 46537 a

1class or group of provisional voters to appear personally
2before the county clerk or board of election commissioners or
3as a matter of policy require provisional voters to submit
4additional information to verify or otherwise support the
5information already submitted by the provisional voter. Within
62 calendar days after the election, the election authority
7shall transmit by electronic means pursuant to a process
8established by the State Board of Elections the name, street
9address, e-mail address, and precinct, ward, township, and
10district numbers, as the case may be, of each person casting a
11provisional ballot to the State Board of Elections, which shall
12maintain those names and that information in an electronic
13format on its website, arranged by county and accessible to
14State and local political committees. The provisional voter
15may, within 7 2 calendar days after the election, submit
16additional information to the county clerk or board of election
17commissioners. This information must be received by the county
18clerk or board of election commissioners within the
192-calendar-day period.
20    (e) If the county clerk or board of election commissioners
21determines that subsection (b)(1), (b)(2), or (b)(3) does not
22apply, then the provisional ballot is not valid and may not be
23counted. The provisional ballot envelope containing the ballot
24cast by the provisional voter may not be opened. The county
25clerk or board of election commissioners shall write on the
26provisional ballot envelope the following: "Provisional ballot

 

 

09800HB2418sam002- 163 -LRB098 07643 HLH 46537 a

1determined invalid.".
2    (f) If the county clerk or board of election commissioners
3determines that a provisional ballot is valid under this
4Section, then the provisional ballot envelope shall be opened.
5The outside of each provisional ballot envelope shall also be
6marked to identify the precinct and the date of the election.
7    (g) Provisional ballots determined to be valid shall be
8counted at the election authority's central ballot counting
9location and shall not be counted in precincts. The provisional
10ballots determined to be valid shall be added to the vote
11totals for the precincts from which they were cast in the order
12in which the ballots were opened. The validation and counting
13of provisional ballots shall be subject to the provisions of
14this Code that apply to pollwatchers. If the provisional
15ballots are a ballot of a punch card voting system, then the
16provisional ballot shall be counted in a manner consistent with
17Article 24A. If the provisional ballots are a ballot of optical
18scan or other type of approved electronic voting system, then
19the provisional ballots shall be counted in a manner consistent
20with Article 24B.
21    (h) As soon as the ballots have been counted, the election
22judges or election officials shall, in the presence of the
23county clerk or board of election commissioners, place each of
24the following items in a separate envelope or bag: (1) all
25provisional ballots, voted or spoiled; (2) all provisional
26ballot envelopes of provisional ballots voted or spoiled; and

 

 

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1(3) all executed affidavits of the provisional ballots voted or
2spoiled. All provisional ballot envelopes for provisional
3voters who have been determined not to be registered to vote
4shall remain sealed. The county clerk or board of election
5commissioners shall treat the provisional ballot envelope
6containing the written affidavit as a voter registration
7application for that person for the next election and process
8that application. The election judges or election officials
9shall then securely seal each envelope or bag, initial the
10envelope or bag, and plainly mark on the outside of the
11envelope or bag in ink the precinct in which the provisional
12ballots were cast. The election judges or election officials
13shall then place each sealed envelope or bag into a box, secure
14and seal it in the same manner as described in item (6) of
15subsection (b) of Section 18A-5. Each election judge or
16election official shall take and subscribe an oath before the
17county clerk or board of election commissioners that the
18election judge or election official securely kept the ballots
19and papers in the box, did not permit any person to open the
20box or otherwise touch or tamper with the ballots and papers in
21the box, and has no knowledge of any other person opening the
22box. For purposes of this Section, the term "election official"
23means the county clerk, a member of the board of election
24commissioners, as the case may be, and their respective
25employees.
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
3mail or electronically on the website of the appropriate
4election authority, not more than 40 nor less than 5 days prior
5to the date of such election, or by personal delivery not more
6than 40 nor less than one day prior to the date of such
7election, make application to the county clerk or to the Board
8of Election Commissioners for an official ballot for the
9voter's precinct to be voted at such election. Such a ballot
10shall be delivered to the elector only upon separate
11application 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
15municipal, township, or road district clerks. At the
16consolidated primary, general primary, consolidated, and
17general elections, electors entitled to vote by absentee ballot
18under the provisions of Section 19-1 may vote in person at the
19office of the municipal clerk, if the elector is a resident of
20a municipality not having a board of election commissioners, or
21at the office of the township clerk or, in counties not under
22township organization, at the office of the road district clerk
23if the elector is not a resident of a municipality; provided,
24in each case that the municipal, township or road district

 

 

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1clerk, as the case may be, is authorized to conduct in-person
2absentee voting pursuant to this Section. Absentee voting in
3such municipal and township clerk's offices under this Section
4shall be conducted from the 22nd day through the day before the
5election.
6    Municipal and township clerks (or road district clerks) who
7have regularly scheduled working hours at regularly designated
8offices other than a place of residence and whose offices are
9open for business during the same hours as the office of the
10election authority shall conduct in-person absentee voting for
11said elections. Municipal and township clerks (or road district
12clerks) who have no regularly scheduled working hours but who
13have regularly designated offices other than a place of
14residence shall conduct in-person absentee voting for said
15elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00
16a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on
17Saturdays, but not during such hours as the office of the
18election authority is closed, unless the clerk files a written
19waiver with the election authority not later than July 1 of
20each year stating that he or she is unable to conduct such
21voting and the reasons therefor. Such clerks who conduct
22in-person absentee voting may extend their hours for that
23purpose to include any hours in which the election authority's
24office is open. Municipal and township clerks (or road district
25clerks) who have no regularly scheduled office hours and no
26regularly designated offices other than a place of residence

 

 

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1may not conduct in-person absentee voting for said elections.
2The election authority may devise alternative methods for
3in-person absentee voting before said elections for those
4precincts located within the territorial area of a municipality
5or township (or road district) wherein the clerk of such
6municipality or township (or road district) has waived or is
7not entitled to conduct such voting. In addition, electors may
8vote by absentee ballot under the provisions of Section 19-1 at
9the office of the election authority having jurisdiction over
10their residence. Unless specifically authorized by the
11election authority, municipal, township, and road district
12clerks shall not conduct in-person absentee voting. No less
13than 45 days before the date of an election, the election
14authority shall notify the municipal, township, and road
15district clerks within its jurisdiction if they are to conduct
16in-person absentee voting. Election authorities, however, may
17conduct in-person absentee voting in one or more designated
18appropriate public buildings from the fourth day before the
19election through the day before the election.
20    In conducting in-person absentee voting under this
21Section, the respective clerks shall be required to verify the
22signature of the absentee voter by comparison with the
23signature on the official registration record card. The clerk
24also shall reasonably ascertain the identity of such applicant,
25shall verify that each such applicant is a registered voter,
26and shall verify the precinct in which he or she is registered

 

 

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1and the proper ballots of the political subdivisions in which
2the applicant resides and is entitled to vote, prior to
3providing any absentee ballot to such applicant. The clerk
4shall verify the applicant's registration and from the most
5recent poll list provided by the county clerk, and if the
6applicant is not listed on that poll list then by telephoning
7the office of the county clerk.
8    Within one day after a voter casts an in-person absentee
9ballot, the appropriate election authority shall transmit by
10electronic means pursuant to a process established by the State
11Board of Elections the voter's name, street address, e-mail
12address, and precinct, ward, township, and district numbers, as
13the case may be, to the State Board of Elections, which shall
14maintain those names and that information in an electronic
15format on its website, arranged by county and accessible to
16State and local political committees.
17    Absentee voting procedures in the office of the municipal,
18township and road district clerks shall be subject to all of
19the applicable provisions of this Article 19. Pollwatchers may
20be appointed to observe in-person absentee voting procedures
21and view all reasonably requested records relating to the
22conduct of the election, provided the secrecy of the ballot is
23not impinged, at the office of the municipal, township or road
24district clerks' offices where such absentee voting is
25conducted. Such pollwatchers shall qualify and be appointed in
26the same manner as provided in Sections 7-34 and 17-23, except

 

 

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1each candidate, political party or organization of citizens may
2appoint only one pollwatcher for each location where in-person
3absentee voting is conducted. Pollwatchers must be registered
4to vote in Illinois and possess valid pollwatcher credentials.
5All requirements in this Article applicable to election
6authorities shall apply to the respective local clerks, except
7where inconsistent with this Section.
8    The sealed absentee ballots in their carrier envelope shall
9be delivered by the respective clerks, or by the election
10authority on behalf of a clerk if the clerk and the election
11authority agree, to the election authority's central ballot
12counting location before the close of the polls on the day of
13the general primary, consolidated primary, consolidated, or
14general election.
15    Not more than 23 days before the general and consolidated
16elections, the county clerk shall make available to those
17municipal, township and road district clerks conducting
18in-person absentee voting within such county, a sufficient
19number of applications, absentee ballots, envelopes, and
20printed voting instruction slips for use by absentee voters in
21the offices of such clerks. The respective clerks shall receipt
22for all ballots received, shall return all unused or spoiled
23ballots to the county clerk on the day of the election and
24shall strictly account for all ballots received.
25    The ballots delivered to the respective clerks shall
26include absentee ballots for each precinct in the municipality,

 

 

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1township or road district, or shall include such separate
2ballots for each political subdivision conducting an election
3of officers or a referendum on that election day as will permit
4any resident of the municipality, township or road district to
5vote absentee in the office of the proper clerk.
6    The clerks of all municipalities, townships and road
7districts may distribute applications for absentee ballot for
8the use of voters who wish to mail such applications to the
9appropriate election authority. Any person may produce,
10reproduce, distribute, or return to an election authority the
11application for absentee ballot. Upon receipt, the appropriate
12election authority shall accept and promptly process any
13application 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
17substantially in the following form:
18
APPLICATION FOR ABSENTEE BALLOT
19    To be voted at the .... election in the County of .... and
20State 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
24the city of .... residing at .... in such city or town in the
25county of .... and State of Illinois; that I have lived at such

 

 

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1address for .... month(s) last past; that I am lawfully
2entitled to vote in such precinct at the .... election to be
3held therein on ....; and that I wish to vote by absentee
4ballot.
5    I hereby make application for an official ballot or ballots
6to be voted by me at such election, and I agree that I shall
7return such ballot or ballots to the official issuing the same
8prior to the closing of the polls on the date of the election
9or, if returned by mail, postmarked no later than midnight
10preceding election day, for counting no later than during the
11period for counting provisional ballots, the last day of which
12is the 14th day following election day.
13    I understand that this application is made for an official
14absentee ballot or ballots to be voted by me at the election
15specified in this application and that I must submit a separate
16application for an official absentee ballot or ballots to be
17voted by me at any subsequent election.
18    Under penalties as provided by law pursuant to Section
1929-10 of The Election Code, the undersigned certifies that the
20statements 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
26ballot, such application shall require the applicant to

 

 

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1designate the name of the political party with which the
2applicant is affiliated.
3    If application is made electronically, the applicant shall
4mark the box associated with the above described statement
5included as part of the online application certifying that the
6statements set forth in this application are true and correct,
7and a signature is not required.
8    Any person may produce, reproduce, distribute, or return to
9an election authority the application for absentee ballot. Upon
10receipt, the appropriate election authority shall accept and
11promptly process any application for absentee ballot submitted
12in a form substantially similar to that required by this
13Section, including any substantially similar production or
14reproduction generated by the applicant.
15(Source: P.A. 96-312, eff. 1-1-10; 96-553, eff. 8-17-09;
1696-1000, eff. 7-2-10; 96-1008, eff. 7-6-10; 97-766, eff.
177-6-12.)
 
18    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
19    Sec. 19-4. Mailing or delivery of ballots - Time.)
20Immediately upon the receipt of such application either by mail
21or electronic means, not more than 40 days nor less than 5 days
22prior to such election, or by personal delivery not more than
2340 days nor less than one day prior to such election, at the
24office of such election authority, it shall be the duty of such
25election authority to examine the records to ascertain whether

 

 

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1or not such applicant is lawfully entitled to vote as
2requested, including a verification of the applicant's
3signature by comparison with the signature on the official
4registration record card, and if found so to be entitled to
5vote, to post within one business day thereafter the name,
6street address, ward and precinct number or township and
7district number, as the case may be, of such applicant given on
8a list, the pages of which are to be numbered consecutively to
9be kept by such election authority for such purpose in a
10conspicuous, open and public place accessible to the public at
11the entrance of the office of such election authority, and in
12such a manner that such list may be viewed without necessity of
13requesting permission therefor. Within one day after posting
14the name and other information of an applicant for an absentee
15ballot, the election authority shall transmit by electronic
16means pursuant to a process established by the State Board of
17Elections that name and other posted information to the State
18Board of Elections, which shall maintain those names and other
19information in an electronic format on its website, arranged by
20county and accessible to State and local political committees.
21Within 2 business days after posting a name and other
22information on the list within its office, the election
23authority shall mail, postage prepaid, or deliver in person in
24such office an official ballot or ballots if more than one are
25to be voted at said election. Mail delivery of Temporarily
26Absent Student ballot applications pursuant to Section 19-12.3

 

 

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1shall be by nonforwardable mail. However, for the consolidated
2election, absentee ballots for certain precincts may be
3delivered to applicants not less than 25 days before the
4election if so much time is required to have prepared and
5printed the ballots containing the names of persons nominated
6for offices at the consolidated primary. The election authority
7shall enclose with each absentee ballot or application written
8instructions on how voting assistance shall be provided
9pursuant to Section 17-14 and a document, written and approved
10by the State Board of Elections, enumerating the circumstances
11under which a person is authorized to vote by absentee ballot
12pursuant to this Article; such document shall also include a
13statement informing the applicant that if he or she falsifies
14or is solicited by another to falsify his or her eligibility to
15cast an absentee ballot, such applicant or other is subject to
16penalties pursuant to Section 29-10 and Section 29-20 of the
17Election Code. Each election authority shall maintain a list of
18the name, street address, ward and precinct, or township and
19district number, as the case may be, of all applicants who have
20returned absentee ballots to such authority, and the name of
21such absent voter shall be added to such list within one
22business day from receipt of such ballot. If the absentee
23ballot envelope indicates that the voter was assisted in
24casting the ballot, the name of the person so assisting shall
25be included on the list. The list, the pages of which are to be
26numbered consecutively, shall be kept by each election

 

 

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1authority in a conspicuous, open, and public place accessible
2to the public at the entrance of the office of the election
3authority and in a manner that the list may be viewed without
4necessity of requesting permission for viewing.
5    Each election authority shall maintain a list for each
6election of the voters to whom it has issued absentee ballots.
7The list shall be maintained for each precinct within the
8jurisdiction of the election authority. Prior to the opening of
9the polls on election day, the election authority shall deliver
10to the judges of election in each precinct the list of
11registered voters in that precinct to whom absentee ballots
12have been issued by mail.
13    Each election authority shall maintain a list for each
14election of voters to whom it has issued temporarily absent
15student ballots. The list shall be maintained for each election
16jurisdiction within which such voters temporarily abide.
17Immediately after the close of the period during which
18application may be made by mail or electronic means for
19absentee ballots, each election authority shall mail to each
20other election authority within the State a certified list of
21all such voters temporarily abiding within the jurisdiction of
22the other election authority.
23    In the event that the return address of an application for
24ballot by a physically incapacitated elector is that of a
25facility licensed or certified under the Nursing Home Care Act,
26the Specialized Mental Health Rehabilitation Act, or the ID/DD

 

 

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1Community Care Act, within the jurisdiction of the election
2authority, and the applicant is a registered voter in the
3precinct in which such facility is located, the ballots shall
4be prepared and transmitted to a responsible judge of election
5no later than 9 a.m. on the Saturday, Sunday or Monday
6immediately preceding the election as designated by the
7election authority under Section 19-12.2. Such judge shall
8deliver in person on the designated day the ballot to the
9applicant on the premises of the facility from which
10application was made. The election authority shall by mail
11notify the applicant in such facility that the ballot will be
12delivered by a judge of election on the designated day.
13    All applications for absentee ballots shall be available at
14the office of the election authority for public inspection upon
15request from the time of receipt thereof by the election
16authority until 30 days after the election, except during the
17time such applications are kept in the office of the election
18authority pursuant to Section 19-7, and except during the time
19such applications are in the possession of the judges of
20election.
21(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
22eff. 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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1election authority shall forthwith enclose the same unopened,
2together with the application made by said absent voter in a
3large or carrier envelope which shall be securely sealed and
4endorsed with the name and official title of such officer and
5the words, "This envelope contains an absent voter's ballot and
6must be opened on election day," together with the number and
7description of the precinct in which said ballot is to be
8voted, and such officer shall thereafter safely keep the same
9in his office until counted by him as provided in the next
10section.
11    (b) Within one day after receipt of such absent voter's
12ballot, the election authority shall transmit, by electronic
13means pursuant to a process established by the State Board of
14Elections, the voter's name, street address, e-mail address,
15and precinct, ward, township, and district numbers, as the case
16may be, to the State Board of Elections, which shall maintain
17those names and that information in an electronic format on its
18website, arranged by county and accessible to State and local
19political 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
24begins the 15th day preceding a general primary, consolidated
25primary, consolidated, or general election and extends through

 

 

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1the 3rd day before election day.
2    (b) A permanent polling place for early voting must remain
3open during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m.
4to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on
5Saturdays, Sundays, and holidays, and 12:00 p.m. to 3:00 p.m.
6on Sundays; except that, in addition to the hours required by
7this subsection, a permanent early voting polling place
8designated by an election authority under subsection (c) of
9Section 19A-10 must remain open for a total of at least 8 hours
10on any holiday during the early voting period and a total of at
11least 14 hours on the final weekend during the early voting
12period.
13    (c) Notwithstanding subsections (a) and (b), an election
14authority may close an early voting polling place if the
15building in which the polling place is located has been closed
16by the State or unit of local government in response to a
17severe weather emergency. In the event of a closure, the
18election authority shall conduct early voting on the 2nd day
19before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to
205:00 p.m. The election authority shall notify the State Board
21of Elections of any closure and shall make reasonable efforts
22to provide notice to the public of the extended early voting
23period.
24    (d) Notwithstanding subsections (a) and (b), in 2013 only,
25an election authority may close an early voting place on Good
26Friday, Holy Saturday, and Easter Sunday, provided that the

 

 

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1early voting place remains open 2 hours later on April 3, 4,
2and 5 of 2013. The election authority shall notify the State
3Board of Elections of any closure and shall provide notice to
4the public of the closure and the extended hours during the
5final week.
6(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4,
7eff. 3-12-13.)
 
8    (10 ILCS 5/19A-70)
9    Sec. 19A-70. Advertising or campaigning in proximity of
10polling place; penalty. During the period prescribed in Section
1119A-15 for early voting by personal appearance, no advertising
12pertaining to any candidate or proposition to be voted on may
13be displayed in or within 100 feet of any polling place used by
14voters under this Article. No person may engage in
15electioneering in or within 100 feet of any polling place used
16by voters under this Article. The provisions of Section 17-29
17with respect to establishment of a campaign free zone,
18including, but not limited to, the provisions for placement of
19signage on public property beyond the campaign free zone, apply
20to polling places under this Article.
21    Any person who violates this Section may be punished for
22contempt 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
3Authority shall provide unit-by-unit vote totals to the State
4Board of Elections in an electronic format to be prescribed by
5the State Board of Elections. The State Board of Elections
6shall promulgate rules necessary for the implementation of this
7Section.
8    (b) Beginning with the November 2014 general election and
9every primary, consolidated, general, and special election
10thereafter, within 52 days after each election, the State Board
11of Elections shall publish the precinct-by-precinct vote
12totals on its website and make them available in a downloadable
13form.
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
17equipment. Beginning with the 2014 general election and all
18primary, consolidated, general, and special elections
19thereafter, automatic tabulating equipment authorized by this
20Section and programmed for a primary, consolidated, general, or
21special election conducted pursuant to general election law
22shall be programmed using the unique race and candidate ID
23numbers assigned by the State Board of Elections. The unique
24race and candidate ID numbers will be provided to the county
25clerk or election authority, as the case may be, with the

 

 

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1candidate certification prepared by the State Board of
2Elections. In addition, any new voting system approved by the
3state after the 2014 general election shall have the capability
4to export the election results by ballot style and group them
5by precinct in an electronic format prescribed by the State
6Board 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
9voting systems provided by this Article.
10    No voting system shall be approved unless it fulfills the
11following 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
10equipment or system that includes an external Infrared Data
11Association (IrDA) communications port.
12    The State Board of Elections is authorized to withdraw its
13approval of a voting system if the system fails to fulfill the
14above requirements.
15    The vendor, person, or other private entity shall be solely
16responsible for the production and cost of: all application
17fees; all ballots; additional temporary workers; and other
18equipment or facilities needed and used in the testing of the
19vendor's, person's, or other private entity's respective
20equipment and software.
21    Any voting system vendor, person, or other private entity
22seeking the State Board of Elections' approval of a voting
23system shall, as part of the approval application, submit to
24the State Board a non-refundable fee. The State Board of
25Elections by rule shall establish an appropriate fee structure,
26taking into account the type of voting system approval that is

 

 

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1requested (such as approval of a new system, a modification of
2an existing system, the size of the modification, etc.). No
3voting system or modification of a voting system shall be
4approved unless the fee is paid.
5    No vendor, person, or other entity may sell, lease, or
6loan, or have a written contract, including a contract
7contingent upon State Board approval of the voting system or
8voting system component, to sell, lease, or loan, a voting
9system or voting system component to any election jurisdiction
10unless the voting system or voting system component is first
11approved by the State Board of Elections pursuant to this
12Section.
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
16equipment. Beginning with the 2014 general election and all
17primary, consolidated, general, and special elections
18thereafter, automatic tabulating equipment authorized by this
19Section and programmed for a primary, consolidated, general, or
20special election conducted pursuant to general election law
21shall be programmed using the unique race and candidate ID
22numbers assigned by the State Board of Elections. The unique
23race and candidate ID numbers will be provided to the county
24clerk or election authority, as the case may be, with the
25candidate certification prepared by the State Board of

 

 

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1Elections. In addition, any new voting system approved by the
2State after the 2014 general election shall have the capability
3to export the election results by ballot style and group them
4by precinct in an electronic format prescribed by the State
5Board of Elections.
 
6    (10 ILCS 5/24C-6.2 new)
7    Sec. 24C-6.2. Programming of automatic tabulating
8equipment. Beginning with the 2014 general election and all
9primary, consolidated, general, and special elections
10thereafter, automatic tabulating equipment authorized by this
11Section and programmed for a primary, consolidated, general, or
12special election conducted pursuant to general election law
13shall be programmed using the unique race and candidate ID
14numbers assigned by the State Board of Elections. The unique
15race and candidate ID numbers will be provided to the county
16clerk or election authority, as the case may be, with the
17candidate certification prepared by the State Board of
18Elections. In addition, any new voting system approved by the
19State after the 2014 general election shall have the capability
20to export the election results by ballot style and group them
21by precinct in an electronic format prescribed by the State
22Board 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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128-7 of this Act involved the question of whether a unit of
2local government shall become a home rule unit or shall cease
3to be a home rule unit and if that referendum passed, then the
4clerk of that unit of local government shall, within 45 days
5after the referendum, file with the Secretary of State a
6certified statement showing the results of the referendum and
7the resulting status of the unit of local government as a home
8rule unit or a non-home rule unit. The Secretary of State shall
9maintain such certified statements in his office as a public
10record.
11    The question of whether a unit of local government shall
12become a home rule unit shall be submitted in substantially the
13following form:
14    Shall (name of the unit of local government) become a home
15rule unit?
16    Votes must be recorded as "yes" or "no".
17    The question of whether a unit of local government shall
18cease to be a home rule unit shall be submitted in
19substantially the following form:
20    Shall (name of the unit of local government) cease to be a
21home 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
25by 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
3furnish information as to whether a person has a current
4Standard Illinois Identification Card or an Illinois Person
5with a Disability Identification Card then on file, upon
6receipt of a written application therefor accompanied with the
7prescribed fee. However, the Secretary may not disclose medical
8information concerning an individual to any person, public
9agency, private agency, corporation or governmental body
10unless the individual has submitted a written request for the
11information or unless the individual has given prior written
12consent for the release of the information to a specific person
13or entity. This exception shall not apply to: (1) offices and
14employees of the Secretary who have a need to know the medical
15information in performance of their official duties, or (2)
16orders of a court of competent jurisdiction. When medical
17information is disclosed by the Secretary in accordance with
18the provisions of this Section, no liability shall rest with
19the Office of the Secretary of State as the information is
20released for informational purposes only.
21    The Secretary may release personally identifying
22information 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
11security number or any associated information obtained from the
12Social Security Administration without the written request or
13consent of the individual except: (i) to officers and employees
14of the Secretary who have a need to know the social security
15number in the performance of their official duties; (ii) to law
16enforcement officials for a lawful civil or criminal law
17enforcement investigation if the head of the law enforcement
18agency has made a written request to the Secretary specifying
19the law enforcement investigation for which the social security
20number is being sought; (iii) under a lawful court order signed
21by a judge; or (iv) to the Illinois Department of Veterans'
22Affairs for the purpose of confirming veteran status.
23(Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13;
24revised 9-5-12.)
 
25    Section 10. The Counties Code is amended by changing

 

 

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1Section 3-6001.5 as follows:
 
2    (55 ILCS 5/3-6001.5)
3    Sec. 3-6001.5. Sheriff qualifications. On or after the
4effective date of this amendatory Act of the 98th General
5Assembly December 1, 1997, except as otherwise provided in this
6Section, a person is not eligible to be a candidate for the
7office of sheriff, and a person shall not be elected or
8appointed to the office of sheriff, unless that person meets
9all of the following requirements:
10    (1) Is a United States citizen.
11    (2) Has been a resident of the county for at least one
12year.
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
16changing 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
20office unless that person is a qualified elector of the
21municipality and has resided in the municipality at least one
22year next preceding the election or appointment, except as
23provided in Section 3.1-20-25, subsection (b) of Section

 

 

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13.1-25-75, Section 5-2-2, or Section 5-2-11.
2    (b) A person is not eligible to take the oath of office for
3a municipal office if that person is, at the time required for
4taking the oath of office, in arrears in the payment of a tax
5or other indebtedness due to the municipality or A person is
6not eligible for an elective municipal office if that person is
7in arrears in the payment of a tax or other indebtedness due to
8the municipality or has been convicted in any court located in
9the United States of any infamous crime, bribery, perjury, or
10other felony.
11    (b-5) A person is not eligible to hold a municipal office,
12if that person is, at any time during the term of office, in
13arrears in the payment of a tax or other indebtedness due to
14the municipality or has been convicted in any court located in
15the United States of any infamous crime, bribery, perjury, or
16other felony.
17    (c) A person is not eligible for the office of alderman of
18a ward unless that person has resided in the ward that the
19person seeks to represent, and a person is not eligible for the
20office of trustee of a district unless that person has resided
21in the municipality, at least one year next preceding the
22election or appointment, except as provided in Section
233.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
24or Section 5-2-11.
25    (d) If a person (i) is a resident of a municipality
26immediately prior to the active duty military service of that

 

 

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1person or that person's spouse, (ii) resides anywhere outside
2of the municipality during that active duty military service,
3and (iii) immediately upon completion of that active duty
4military service is again a resident of the municipality, then
5the time during which the person resides outside the
6municipality during the active duty military service is deemed
7to be time during which the person is a resident of the
8municipality for purposes of determining the residency
9requirement 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
12amended by changing Sections 21-12, 21-28, 21-30 and 21-32 as
13follows:
 
14    (65 ILCS 20/21-12)  (from Ch. 24, par. 21-12)
15    Sec. 21-12. City clerk and city treasurer; Election;
16Tenure. At the time of election of the mayor there shall be
17elected also in a nonpartisan election a city clerk and a city
18treasurer. The candidates receiving a majority of the votes
19cast for clerk and treasurer at the consolidated primary
20election shall be declared the clerk and treasurer. If no
21candidate receives a majority of the votes for one of the
22offices, a runoff election shall be held at the consolidated
23election, when only the names of the candidates receiving the
24highest and second highest number of votes for that office at

 

 

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1the consolidated primary election shall appear on the ballot.
2If more than one candidate received the highest or second
3highest number of votes for one of the offices at the
4consolidated primary election, the names of all candidates
5receiving the highest and second highest number of votes for
6that office shall appear on the ballot at the consolidated
7election. The candidate receiving the highest number of votes
8at the consolidated election shall be declared elected.
9    The clerk and treasurer each shall hold office for a term
10of 4 years beginning at noon on the third Monday in May
11following the election and until a successor is elected and
12qualified. No person, however, shall be elected to the office
13of 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
18shall be by petition. All petitions for nominations of
19candidates shall be signed by such a number of legal voters of
20the ward as will aggregate not less than 4% two per cent of all
21the votes cast for alderman in such ward at the last preceding
22general election. For the election following the redistricting
23of wards petitions for nominations of candidates shall be
24signed by the number of legal voters of the ward as will
25aggregate not less than 4% 2% of the total number of votes cast

 

 

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1for mayor at the last preceding municipal election divided by
2the number of wards.
3    (b) All nominations for mayor, city clerk, and city
4treasurer in the city shall be by petition. Each petition for
5nomination of a candidate must be signed by at least 12,500
6legal voters of the city.
7    (c) All such petitions, and procedure with respect thereto,
8shall conform in other respects to the provisions of the
9election and ballot laws then in force in the city of Chicago
10concerning the nomination of independent candidates for public
11office by petition. The method of nomination herein provided is
12exclusive of and replaces all other methods heretofore provided
13by 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
17general, supplementary or special election for aldermen held
18under the provisions of this article, in addition to other
19requirements of law, shall conform to the following
20requirements:
21    (1) At the top of the ballots shall be printed in capital
22letters the words designating the ballot. If a general
23aldermanic election the words shall be "Official aldermanic
24election ballot"; if a supplementary election the designating
25words shall be "Official supplementary aldermanic election

 

 

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1ballot"; 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
4words and extending across the face of the ballot, the title of
5each office to be filled shall be printed in capital letters.
6    (3) The names of candidates for different terms of service
7therein (if any there be), shall be arranged and printed in
8groups according to the length of such terms.
9    (4) Immediately below the title of each office or group
10heading indicating the term of office, shall be printed in
11small letters the directions to voters, "Vote for one."
12    (5) Following thereupon shall be printed the names of the
13candidates for such office according to the title and the term
14thereof and below the name of each candidate shall be printed
15his place of residence, stating the street and number (if any).
16The names of candidates shall be printed in capital letters not
17less than one-eighth nor more than one-quarter of an inch in
18height, and immediately at the left of the name of each
19candidate shall be printed a square, the sides of which shall
20not be less than one-quarter of an inch in length. The names of
21all the candidates for each office shall be printed in a column
22and arranged in the order hereinafter designated; all names of
23candidates shall be printed in uniform type; the places of
24residence of such candidates shall be printed in uniform type;
25and squares upon said ballots shall be of uniform size; and
26spaces between the names of the candidates for the same office

 

 

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1shall be of uniform size.
2    (6) The names of the candidates for alderman shall appear
3upon the ballot in the order in which petitions for nomination
4have been filed in the office of the board of election
5commissioners. However, 2 or more petitions filed within the
6last hour of the filing deadline shall be deemed filed
7simultaneously. Where 2 or more petitions are received
8simultaneously, the board of election commissioners shall
9break ties and determine the order of filing by means of a
10lottery or other fair and impartial method of random selection
11approved by the board of election commissioners. Such lottery
12shall be conducted within 9 days following the last day for
13petition filing and shall be open to the public. Seven days
14written notice of the time and place of conducting such random
15selection shall be given, by the board of election
16commissioners, to the Chairman of each political party and to
17each organization of citizens within the city which was
18entitled, under The Election Code, at the next preceding
19election, to have pollwatchers present on the day of election.
20The board of election commissioners shall post in a
21conspicuous, open and public place, at the entrance of the
22office, notice of the time and place of such lottery. The board
23of election commissioners shall adopt rules and regulations
24governing 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
3separate from other ballots.
4    No party name, party initial, party circle platform,
5principle, appellation or distinguishing mark of any kind shall
6be printed upon any election ballot used at any aldermanic
7election for mayor, city clerk, city treasurer, or alderman
8held under the provisions of this article.
9    If any party primary election or any election for any
10office other than aldermanic shall be held at the same time
11with any aldermanic election, the ballots for aldermen shall be
12separate from all other ballots, except that any question of
13public policy not required by law to be submitted on a separate
14ballot from that containing names of persons to be voted for
15may be submitted in the manner provided by law upon the same
16ballot as that used for an aldermanic election: Provided, that
17the polls shall be opened and closed for any aldermanic
18election at the same time as is provided for the opening and
19closing of any party primary election for any office other than
20alderman held at the same time.
21(Source: Laws 1941, vol. 2, p. 19.)
 
22    Section 25. The School Code is amended by changing Sections
236-2, 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
2and transfer of duties.
3    (a) There is created a regional board of school trustees
4for that territory in each educational service region exclusive
5of any school district organized under Article 34 and exclusive
6of any school district whose school board has been given the
7powers of school trustees; provided that on the effective date
8of this amendatory Act of 1992 the regional board of school
9trustees theretofore created and existing for any territory in
10an educational service region containing 2,000,000 or more
11inhabitants is abolished, the terms of office of all members of
12the regional board of school trustees so abolished are
13terminated on that effective date, and from and after that
14effective date all rights, powers, duties, and
15responsibilities that were vested in or required by law to be
16exercised and performed by the former regional board of school
17trustees shall be vested in and exercised and performed by the
18successors to the former regional board of school trustees as
19provided in subsection (b) of this Section 6-2. Any school
20district whose board of education acts as a board of school
21trustees shall have within its district the powers and duties
22of a regional board of school trustees.
23    Unless abolished as provided in this Section, the regional
24board of school trustees, in both single county and
25multi-county educational service regions, shall consist of 7
26members. In single county regions not more than one trustee may

 

 

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1be a resident of any one congressional township; however, in
2case there are fewer than 7 congressional townships in the
3region then not more than two of such trustees may be residents
4of the same congressional township. Notwithstanding the
5foregoing residency provision, in a single county region with a
6population of greater than 750,000 inhabitants, but less than
71,200,000 inhabitants, 2 trustees may be residents of the same
8congressional township if and only if such trustees were
9elected at the April 9, 2013 consolidated election. In 2 county
10regions at least 2 trustees shall be residents of each county.
11In 3 or more county regions at least one trustee shall be a
12resident of each county. If more than 7 counties constitute the
13educational service region, the regional board of school
14trustees shall consist of one resident of each county.
15    The regional board of school trustees shall be a body
16politic and corporate by the name of "Regional Board of School
17Trustees of.... County (or Counties), Illinois." Such
18corporation shall have perpetual existence with power to sue
19and be sued and to plead and be impleaded in all courts and
20places where judicial proceedings are had.
21    (b) Upon the abolition of the regional board of school
22trustees and the termination of the terms of office of the
23members of that former regional board of school trustees in an
24educational service region containing 2,000,000 or more
25inhabitants as provided in subsection (a), the trustees of
26schools of each township included within the territory of that

 

 

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1educational service region that was served by the former
2regional board of school trustees, or if any such township is a
3township referred to in subsection (b) of Section 5-1 and there
4are no trustees of schools acting in that township then the
5school board of each school district located in that township,
6shall be the successors to the former regional board of school
7trustees. As successors to the former regional board of school
8trustees, the trustees of schools of each such township and the
9school board of each such school district, with respect to all
10territory included within the school township or school
11district served by the trustees of schools of the township or
12school board, shall be vested with and shall exercise and
13perform all rights, powers, duties, and responsibilities
14formerly held, exercised, and performed with respect to that
15territory by the regional board of school trustees abolished
16under subsection (a) of this Section.
17    Upon abolition of the regional board of school trustees in
18an educational service region having 2,000,000 or more
19inhabitants as provided in subsection (a) of this Section, all
20books, records, maps, papers, documents, equipment, supplies,
21accounts, deposits, and other personal property belonging to or
22subject to the control or disposition of the former regional
23board of school trustees (excepting only such items as may have
24been provided by the county board) shall be transferred and
25delivered to the trustees of schools of the townships and the
26school boards that are the successors to the former regional

 

 

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1board of school trustees for the territory included within
2their respective school townships or school districts.
3    From and after the effective date of this amendatory Act of
41992, any reference in the School Code or any other law of this
5State to the regional board of school trustees or county board
6of school trustees shall mean, with respect to all territory
7within an educational service region containing 2,000,000 or
8more inhabitants that formerly was served by a regional board
9of school trustees abolished under subsection (a) of this
10Section, the trustees of schools of the township or the school
11board of the school district that is the successor to the
12former regional board of school trustees with respect to the
13territory included within that school township or school
14district.
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
18residency provisions in Section 6-2 of this Code, any Any
19vacancy on the regional board of school trustees shall be
20filled from the same territory by the remaining members until
21the next regular election for members of the regional board of
22school trustees, when the vacancy shall be filled for the
23unexpired time. Removal of a member from the township from
24which such member was elected into a township which has its
25quota 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.
4Candidates for the office of school director shall be nominated
5by petition signed by at least 25 voters or 5% of the voters,
6whichever is less, residing within the district and filed with
7the county clerk or the county board of election commissioners,
8as the case may be, of the county in which the principal office
9of the school district is located secretary of the board of
10school directors or with a person designated by the board to
11receive nominating petitions.
12    Nominations for members of boards of education, including
13non-high school boards of education shall be made by a petition
14signed by at least 50 voters or 10% of the voters, whichever is
15less, residing within the district and shall be filed with the
16county clerk or the county board of election commissioners, as
17the case may be, of the county in which the principal office of
18the school district is located secretary of the board of
19education or with a person designated by the board to receive
20nominating petitions. In addition to the requirements of the
21general election law, the form of such petitions shall be
22substantially 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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1Commissioners) secretary of the board of education (or board of
2directors) 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,
5hereby petition that .... who resides at .... in the (city or
6village) of .... in Township .... (or who resides outside any
7city, village or incorporated town and in Township ....) in
8said district shall be a candidate for the office of .... of
9the board of education (or board of directors) (full term)
10(vacancy) to be voted for at the election to be held on (insert
11date).
12    Name: .................. Address: ...................
 
13    In the designation of the name of a candidate on a petition
14for nomination, the candidate's given name or names, initial or
15initials, a nickname by which the candidate is commonly known,
16or a combination thereof may be used in addition to the
17candidate's surname. If a candidate has changed his or her
18name, whether by a statutory or common law procedure in
19Illinois or any other jurisdiction, within 3 years before the
20last day for filing the petition, then (i) the candidate's name
21on the petition must be followed by "formerly known as (list
22all prior names during the 3-year period) until name changed on
23(list date of each such name change)" and (ii) the petition
24must be accompanied by the candidate's affidavit stating the
25candidate's previous names during the period specified in

 

 

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1clause (i) and the date or dates each of those names was
2changed; failure to meet these requirements shall be grounds
3for denying certification of the candidate's name for the
4ballot, but these requirements do not apply to name changes
5resulting from adoption to assume an adoptive parent's or
6parents' surname, marriage to assume a spouse's surname, or
7dissolution of marriage or declaration of invalidity of
8marriage to assume a former surname. No other designation, such
9as a political slogan, as defined by Section 7-17 of the
10Election Code, title or degree, or nickname suggesting or
11implying possession of a title, degree or professional status,
12or similar information may be used in connection with the
13candidate's surname.
14    Nomination papers filed under this Section are not valid
15unless the candidate named therein files with the county clerk
16or the county board of election commissioners, as the case may
17be, of the county in which the principal office of the school
18district is located secretary of the board of education or a
19person designated by the board to receive nominating petitions
20a receipt from the county clerk showing that the candidate has
21filed a statement of economic interests as required by the
22Illinois Governmental Ethics Act. Such receipt shall be so
23filed either previously during the calendar year in which his
24nomination papers were filed or within the period for the
25filing of nomination papers in accordance with the general
26election law.

 

 

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1    All petitions for the nomination of members of a board of
2education shall be filed with the county clerk or the county
3board of election commissioners, as the case may be, of the
4county in which the principal office of the school district is
5located secretary of the board or a person designated by the
6board to receive nominating petitions within the time provided
7for by the general election law. The county clerk or the county
8board of election commissioners secretary shall receive and
9file only those petitions which include a statement of
10candidacy, the required number of voter signatures, the
11notarized signature of the petition circulator and a receipt
12from the County Clerk showing that the candidate has filed a
13statement of economic interest on or before the last day to
14file as required by the Illinois Governmental Ethics Act. The
15county clerk or the county board of election commissioners
16secretary may have petition forms available for issuance to
17potential candidates, and may give notice of the petition
18filing period by publication in a newspaper of general
19circulation within the school district not less than 10 days
20prior to the first day of filing. The county clerk or the
21county board of election commissioners Said secretary shall
22make certification to the proper election authorities in
23accordance with the general election law. If the secretary is
24an incumbent school board member seeking re-election, a
25disinterested person must be a witness to the filing of his
26petition.

 

 

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1    The county clerk or the county board of election
2commissioners, as the case may be, of the county in which the
3principal office of the school district is located secretary of
4the board of education shall notify the candidates for whom a
5petition for nomination is filed or the appropriate committee
6of the obligations under the Campaign Financing Act as provided
7in the general election law. Such notice shall be given on a
8form prescribed by the State Board of Elections and in
9accordance with the requirements of the general election law.
10The county clerk or county board of election commissioners
11secretary shall within 7 days of filing or on the last day for
12filing, whichever is earlier, acknowledge to the petitioner in
13writing the office's his acceptance of the petition.
14    A candidate for membership on the board of education or for
15office as a school director, who has petitioned for nomination
16to fill a full term and to fill a vacant term to be voted upon
17at the same election, must withdraw his or her petition for
18nomination from either the full term or the vacant term by
19written declaration.
20    In all newly organized districts the petition for the
21nomination of candidates for members of the board of education
22at the first election shall be addressed to and filed with the
23regional superintendent of schools in the manner herein
24specified for the petitions for members of a board of
25education. For such election the regional superintendent shall
26fulfill all duties otherwise assigned to the secretary of the

 

 

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1board 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
5districts having a population of not fewer than 1,000 and not
6more than 500,000 inhabitants, as ascertained by any special or
7general census, and not governed by special Acts, shall be
8governed by a board of education consisting of 7 members,
9serving without compensation except as herein provided. Each
10member shall be elected for a term of 4 years for the initial
11members of the board of education of a combined school district
12to which that subsection applies. If 5 members are elected in
131983 pursuant to the extension of terms provided by law for
14transition to the consolidated election schedule under the
15general election law, 2 of those members shall be elected to
16serve terms of 2 years and 3 shall be elected to serve terms of
174 years; their successors shall serve for a 4 year term. When
18the voters of a district have voted to elect members of the
19board of education for 6 year terms, as provided in Section
209-5, the terms of office of members of the board of education
21of that district expire when their successors assume office but
22not later than 7 days after such election. If at the regular
23school election held in the first odd-numbered year after the
24determination to elect members for 6 year terms 2 members are
25elected, they shall serve for a 6 year term; and of the members

 

 

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1elected at the next regular school election 3 shall serve for a
2term of 6 years and 2 shall serve a term of 2 years. Thereafter
3members elected in such districts shall be elected to a 6 year
4term. If at the regular school election held in the first
5odd-numbered year after the determination to elect members for
66 year terms 3 members are elected, they shall serve for a 6
7year term; and of the members elected at the next regular
8school election 2 shall serve for a term of 2 years and 2 shall
9serve for a term of 6 years. Thereafter members elected in such
10districts shall be elected to a 6 year term. If at the regular
11school election held in the first odd-numbered year after the
12determination to elect members for 6 year terms 4 members are
13elected, 3 shall serve for a term of 6 years and one shall
14serve for a term of 2 years; and of the members elected at the
15next regular school election 2 shall serve for terms of 6 years
16and 2 shall serve for terms of 2 years. Thereafter members
17elected in such districts shall be elected to a 6 year term. If
18at the regular school election held in the first odd-numbered
19year after the determination to elect members for a 6 year term
205 members are elected, 3 shall serve for a term of 6 years and 2
21shall serve for a term of 2 years; and of the members elected
22at the next regular school election 2 shall serve for terms of
236 years and 2 shall serve for terms of 2 years. Thereafter
24members elected in such districts shall be elected to a 6 year
25term. An election for board members shall not be held in school
26districts which by consolidation, annexation or otherwise

 

 

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1shall cease to exist as a school district within 6 months after
2the election date, and the term of all board members which
3would otherwise terminate shall be continued until such
4district shall cease to exist. Each member, on the date of his
5or her election, shall be a citizen of the United States of the
6age of 18 years or over, shall be a resident of the State and
7the territory of the district for at least one year immediately
8preceding his or her election, shall be a registered voter as
9provided in the general election law, shall not be a school
10trustee, and shall not be a child sex offender as defined in
11Section 11-9.3 of the Criminal Code of 2012. When the board of
12education is the successor of the school directors, all rights
13of property, and all rights regarding causes of action existing
14or vested in such directors, shall vest in it as fully as they
15were vested in the school directors. Terms of members are
16subject to Section 2A-54 of the Election Code.
17    Nomination papers filed under this Section are not valid
18unless the candidate named therein files with the county clerk
19or the county board of election commissioners, as the case may
20be, of the county in which the principal office of the school
21district is located secretary of the board of education or with
22a person designated by the board to receive nominating
23petitions a receipt from the county clerk showing that the
24candidate has filed a statement of economic interests as
25required by the Illinois Governmental Ethics Act. Such receipt
26shall be so filed either previously during the calendar year in

 

 

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1which his nomination papers were filed or within the period for
2the filing of nomination papers in accordance with the general
3election law.
4    Whenever a vacancy occurs, the remaining members shall
5notify the regional superintendent of that vacancy within 5
6days after its occurrence and shall proceed to fill the vacancy
7until the next regular school election, at which election a
8successor shall be elected to serve the remainder of the
9unexpired term. However, if the vacancy occurs with less than
10868 days remaining in the term, or if the vacancy occurs less
11than 88 days before the next regularly scheduled election for
12this office then the person so appointed shall serve the
13remainder of the unexpired term, and no election to fill the
14vacancy shall be held. Should they fail so to act, within 45
15days after the vacancy occurs, the regional superintendent of
16schools under whose supervision and control the district is
17operating, as defined in Section 3-14.2 of this Act, shall
18within 30 days after the remaining members have failed to fill
19the vacancy, fill the vacancy as provided for herein. Upon the
20regional superintendent's failure to fill the vacancy, the
21vacancy shall be filled at the next regularly scheduled
22election. Whether elected or appointed by the remaining members
23or regional superintendent, the successor shall be an
24inhabitant of the particular area from which his or her
25predecessor was elected if the residential requirements
26contained 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
2serve in an advisory capacity. The student member shall serve
3for a term as determined by the board. The board may not grant
4the student member any voting privileges, but shall consider
5the student member as an advisor. The student member may not
6participate 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
11electors, cease to control its school under the Act under which
12it was organized, and become part of the school township or
13townships in which it is situated. Upon petition of 50 voters
14of the district, presented to the board having the control and
15management of the schools, the board shall order submitted to
16the voters at an election to be held in the district, in
17accordance with the general election law, the question of
18"organizing under the general school law". The secretary of the
19board shall make certification to the proper election authority
20in accordance with the general election law. If, however, a
21majority of the votes cast at any such election in any school
22district subject to Sections 32-3 through 32-4.11 is against
23organizing the district under the general school law, the
24question may not again be submitted in the district for 22
25months thereafter, and then only upon petition signed by at

 

 

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1least 2% of the voters of the school district. Notice shall be
2given in accordance with the general election law, which notice
3shall be in the following form:
4
NOTICE OF REFERENDUM
5    Notice is hereby given that on (insert date), a referendum
6will be held at.... for the purpose of deciding the question of
7organizing under the general school law. The polls will be
8opened at .... o'clock ..m and closed at .... o'clock ..m.
9
Signed .....

 
10    If a majority of the votes cast on the proposition is in
11favor of organizing under the general school law, then the
12board having the control and management of schools in the
13district, shall declare the proposition carried.
14    When such a proposition is declared to have so carried, the
15board of education shall continue to exercise its powers and
16duties under the general school law. Each member of the board
17of education selected under the provisions of the special
18charter shall continue in office until his term has expired.
19Before the term of each of these members expires, the board
20shall give notice of an election to be held on the date of the
21next regular school election, in accordance with the general
22election law to fill the vacancy which is created. Nomination
23papers filed under this Section are not valid unless the
24candidate named therein files with the county clerk or the
25county board of election commissioners, as the case may be, of

 

 

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1the county in which the principal office of the school district
2is located secretary of the board of education a receipt from
3the county clerk showing that the candidate has filed a
4statement of economic interests as required by the Illinois
5Governmental Ethics Act. Such receipt shall be so filed either
6previously during the calendar year in which his nomination
7papers were filed or within the period for the filing of
8nomination papers in accordance with the general election law.
9    (b) Notwithstanding the foregoing, any special charter
10district whose board is appointed by the mayor or other
11corporate authority of that municipality may, by resolution
12adopted by the corporate authorities of that municipality cease
13to control its school under the Act under which it was
14organized, become a part of the school township or townships in
15which it is situated and become organized under the general
16school law. If such a resolution is adopted, the board of
17education shall continue to exercise its powers and duties
18under the general school law. Each member of the board of
19education selected under the provisions of the special charter
20shall continue in office until his term has expired. Before the
21term of each of these members expires, the board shall give
22notice of an election to be held on the date of the next
23regular school election, in accordance with the general
24election law to fill the vacancy which is created.
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)
2    Sec. 32-2.5. Election of board of education in lieu of
3appointive board. In all special charter districts having a
4population of over 35,000 by the last federal census, where the
5board of directors or board of education is elected or
6appointed by the city council of the city, of which school
7district such city may form the whole or a part, and where
8there are no provisions in the special charter creating such
9school district for the election of a board of directors or
10board of education, there shall be elected in lieu of the
11present governing body a board of education to consist of 7
12members. Nomination of a candidate for member of the board of
13education shall be made by petitions signed in the aggregate by
14not less than 200 qualified voters residing in the school
15district, and also by filing with the petitions a statement of
16candidacy as provided in the general election law, which
17petitions and statements of candidacy shall be filed in the
18office of the board of education in accordance with the general
19election law.
20    Nomination papers filed under this Section are not valid
21unless the candidate named therein files with the county clerk
22or the county board of election commissioners, as the case may
23be, of the county in which the principal office of the school
24district is located secretary of the board of education a
25receipt from the county clerk showing that the candidate has
26filed a statement of economic interests as required by the

 

 

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1Illinois Governmental Ethics Act. Such receipt shall be so
2filed either previously during the calendar year in which his
3nomination papers were filed or within the period for the
4filing of nomination papers in accordance with the general
5election law.
6    The county clerk or the county board of election
7commissioners secretary of the board shall make certification
8to the proper election authority in accordance with the general
9election law.
10(Source: P.A. 81-1490.)
 
11    Section 30. The Fox Waterway Agency Act is amended by
12changing Section 5 as follows:
 
13    (615 ILCS 90/5)  (from Ch. 19, par. 1205)
14    Sec. 5. The Agency shall be governed by a Board of
15Directors, which shall consist of 6 directors and one chairman
16elected pursuant to this Section.
17    Three directors shall be elected from within the territory
18of each member county. Any resident of a member county and the
19territory of the Agency, at least 18 years of age, may become a
20candidate for election as a director by filing a nominating
21petition with the State Board of Elections containing the
22verified signatures of at least 200 of the registered voters of
23such county who reside within the territory of the Agency. Such
24petition shall be filed not more than 113 78 nor less than 106

 

 

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171 days prior to the date of election.
2    The chairman shall be elected at large from the territory
3of the Agency. Any person eligible to become a candidate for
4election as director may become a candidate for election as
5chairman by filing a nominating petition with the State Board
6of Elections containing the verified signatures of at least 200
7of the registered voters of each member county who reside
8within the territory of the Agency. Such petition shall be
9filed not more than 113 78 nor less than 106 71 days prior to
10the date of the election.
11    Within 7 days after each consolidated election at which the
12chairman is elected, the county clerk of each member county
13shall transmit the returns for the election to the office of
14chairman to the State Board of Elections. The State Board of
15Elections shall immediately canvass the returns and proclaim
16the results thereof and shall issue a certificate of election
17to the person so elected.
18    Beginning in 1985, the directors and chairman shall be
19elected at the consolidated election and shall serve from the
20third Monday in May following their respective elections until
21their respective successors are elected and qualified. The term
22of office of a director shall be for 4 years, except that of
23the directors elected at the consolidated election of 1985, 3
24shall serve until the first Monday in May 1987 and 3 shall
25serve until the first Monday in May 1989. The term of office of
26a chairman shall be 4 years.

 

 

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1    At least 90 days before the consolidated election of 1985
2the State Board of Elections shall meet to determine by lot
3which 3 director positions shall be elected for terms to expire
4on the first Monday in May 1987 and which 3 director positions
5shall be elected for terms to expire on the first Monday in May
61989. At least one director position from each member county
7shall be elected for a term to expire on the first Monday in
8May 1987.
9    The county clerks of the member counties shall provide
10notice of each election for chairman and director in the manner
11prescribed in Article 12 of The Election Code, with the notice
12of the elections to be held at the consolidated election of
131985 to include a statement as to whether the director is to be
14elected for a term of 2 years or for a term of 4 years.
15    A chairman shall be elected at the consolidated election of
161985 and at each consolidated election every 4 years
17thereafter. Six directors shall be elected at the consolidated
18election of 1985. At the consolidated election of 1987, and at
19each consolidated election every 4 years thereafter, directors
20shall be elected from the constituencies of the directors who
21were elected at the consolidated election of 1985 and whose
22terms expired on the first Monday in May 1987. At the
23consolidated election of 1989, and at each consolidated
24election every 4 years thereafter, directors shall be elected
25from the constituencies of the directors who were elected at
26the consolidated election of 1985 and whose terms expired on

 

 

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1the first Monday in May 1989.
2    Vacancies in the office of director or chairman shall be
3filled by the remaining members of the Board, who shall appoint
4to fill the vacated office for the remainder of the term of
5such office an individual who would be eligible for election to
6such office. If, however, a vacancy occurs in the office of
7chairman or director with at least 28 months remaining in the
8term of such office, the office shall be filled for the
9remainder of the term at the next consolidated election. Until
10the office is filled by election, the remaining members of the
11Board shall appoint a qualified person to the office in the
12manner provided in this Section.
13(Source: P.A. 93-847, eff. 7-30-04.)
 
14    Section 35. The Illinois Vehicle Code is amended by
15changing Section 6-110.1 as follows:
 
16    (625 ILCS 5/6-110.1)
17    Sec. 6-110.1. Confidentiality of captured photographs or
18images. The Secretary of State shall maintain a file on or
19contract to file all photographs and signatures obtained in the
20process of issuing a driver's license, permit, or
21identification card. The photographs and signatures shall be
22confidential and shall not be disclosed except to the following
23persons:
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;
5        (3) law enforcement officials for a lawful civil or
6    criminal law enforcement investigation; or
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
11        (4) other entities that the Secretary may exempt by
12    rule.
13(Source: P.A. 92-16, eff. 6-28-01.)
 
14    Section 97. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law, except that the changes made to Sections 1A-16,
184-8, 4-10, 4-12, 4-15, 5-7, 5-9, 5-15, 5-21, 6-29, 6-35, 6-40,
19and 6-57 of the Election Code take effect on October 1, 2013.".