State of Illinois
90th General Assembly
Legislation

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90_SB0096

      SEE INDEX
          Amends the  Election  Code.   Provides  for  the  use  of
      mail-in ballots for the nonpartisan election held in November
      of  odd-numbered years.  Provides that the election authority
      shall mail ballots to each registered voter not more than  40
      nor  less  than  5  days  before  the  date  of the election.
      Establishes  procedures  for  the  return  of  the   ballots.
      Provides  for  the  delivery  of  ballots  to  the  judges of
      election.  Provides  for  the  casting  of  mail-in  ballots.
      Provides  that the State Board of Elections shall adopt rules
      and procedures for the implementation of the use  of  mail-in
      ballots  within  270  days  after  the effective date of this
      amendatory Act of 1997.  Contains  other  provisions.  Amends
      the  State  Mandates  Act  to  require implementation without
      reimbursement.  Effective immediately.
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 1        AN ACT concerning the use of mail-in ballots  in  certain
 2    elections.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5. The  Election  Code  is  amended  by  changing
 6    Sections  4-11,  11-7,  12-1, 12-4, 13-1, 13-2, 14-1, 14-3.1,
 7    16-5, 17-1, 19-2.1, 24A-6, and 24B-6, and adding Article  19A
 8    as follows:
 9        (10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
10        Sec.  4-11.  Subject to the provisions of Article 19A, at
11    least 2 weeks prior to the general November election in  each
12    even  numbered  year  and  the  nonpartisan  election in each
13    odd-numbered year the county clerk shall cause a list  to  be
14    made  for  each  precinct  of all names upon the registration
15    record cards not marked or  erased,  in  alphabetical  order,
16    with  the  address,  provided, that such list may be arranged
17    geographically, by street and  number,  in  numerical  order,
18    with  respect to all precincts in which all, or substantially
19    all residences of voters therein shall be  located  upon  and
20    numbered  along  streets,  avenues, courts, or other highways
21    which are either named or numbered, upon direction either  of
22    the  county  board or of the circuit court.  On the list, the
23    county clerk shall indicate, by italics, asterisk,  or  other
24    means, the names of all persons who have registered since the
25    last   regularly   scheduled  election  in  the  consolidated
26    schedule of elections established in Section 2A-1.1  of  this
27    Act.  The  county clerk shall cause such precinct lists to be
28    printed or typed in sufficient numbers to meet all reasonable
29    demands, and upon application a copy of  the  same  shall  be
30    given  to  any  person  applying therefor.  By such time, the
31    county clerk shall give the precinct lists to the chairman of
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 1    a county central committee of an established political party,
 2    as such party is defined in Section 10-2 of this Act,  or  to
 3    the  chairman's  duly  authorized  representative.  Within 30
 4    days of the effective date of this Amendatory  Act  of  1983,
 5    the county clerk shall give the precinct lists compiled prior
 6    to  the  general November election of 1982 to the chairman of
 7    county central committee of an established political party or
 8    to the chairman's duly authorized representative.
 9        Prior to the opening of the polls  for  other  elections,
10    the  county  clerk shall transmit or deliver to the judges of
11    election of each polling place a corrected list of registered
12    voters in the precinct, or the names of persons added to  and
13    erased  or  withdrawn  from  the  list for such precinct.  At
14    other times such list, currently  corrected,  shall  be  kept
15    available  for  public inspection in the office of the county
16    clerk.
17        Within 60 days after each  general  election  the  county
18    clerk shall indicate by italics, asterisk, or other means, on
19    the   list  of  registered  voters  in  each  precinct,  each
20    registrant who voted at  that  general  election,  and  shall
21    provide  a  copy  of  such list to the chairman of the county
22    central committee of each established political party  or  to
23    the chairman's duly authorized representative.
24        Within   60   days  after  the  effective  date  of  this
25    amendatory Act of 1983, the county clerk  shall  indicate  by
26    italics,  asterisk, or other means, on the list of registered
27    voters in each precinct, each registrant  who  voted  at  the
28    general  election  of  1982, and shall provide a copy of such
29    coded list to the chairman of the county central committee of
30    each established political party or to  the  chairman's  duly
31    authorized representative.
32        The county clerk may charge a fee to reimburse the actual
33    cost  of  duplicating    each  copy  of a list provided under
34    either of the 2 preceding paragraphs.
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 1    (Source: P.A. 83-1263.)
 2        (10 ILCS 5/11-7) (from Ch. 46, par. 11-7)
 3        Sec. 11-7.   For  the  purpose  of  the  conduct  of  any
 4    consolidated   election,   consolidated   primary   election,
 5    nonpartisan  election,  special municipal primary election or
 6    emergency referendum, an election authority may cluster up to
 7    four contiguous precincts as provided in this Section,  which
 8    shall constitute a clustered voting zone.  The common polling
 9    place  for  the clustered voting zone shall be located within
10    the territory comprising the clustered precincts.  Unless the
11    election  authority  specifies  a  larger  number,  only  one
12    election judge shall be appointed or each of the precincts in
13    each clustered voting zone.   The  use  of  clustered  voting
14    zones  in  nonpartisan  elections  shall  be  subject  to the
15    provisions of Article 19A regarding mail-in ballots.
16        The judges so appointed may not all  be  affiliated  with
17    the same political party.
18        The  conduct  of  an  election in a clustered voting zone
19    shall be under the general supervision of all the  judges  of
20    election  designated  to  serve in the clustered voting zone.
21    The designated judges may  perform  the  duties  of  election
22    judges  for  the  entire  clustered voting zone. However, the
23    requirements  of  Section  17-14   shall   apply   to   voter
24    assistance,  the requirements of Section 24-10 shall apply to
25    voter instruction, the requirement of  Section  24A-10  shall
26    apply to examination of absentee ballots, and any disputes as
27    to  entitlement  to  vote, challenges, counting of ballots or
28    other matters pertaining directly to voting shall be  decided
29    by  those  designated  judges  appointed  for the precinct in
30    which the affected voter resides or the disputed vote  is  to
31    be counted.
32        This   Section   does  not  apply  to  any  elections  in
33    municipalities with more than 1,000,000 inhabitants.
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 1    (Source: P.A. 83-685.)
 2        (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
 3        Sec. 12-1.  At least  60  days  prior  to  each  general,
 4    consolidated and nonpartisan election, the election authority
 5    shall  provide public notice, calculated to reach elderly and
 6    handicapped voters, of the availability of  registration  and
 7    voting  aids  under  the Federal Voting Accessibility for the
 8    Elderly  and  Handicapped  Act,  of   the   availability   of
 9    assistance  in  marking  the ballot, the procedures for using
10    mail-in ballots in nonpartisan elections subject  to  Article
11    19A, and procedures for voting by absentee ballot.
12        At  least  30  days  before  any general election, and at
13    least 20 days before any special congressional election,  the
14    county  clerk  shall publish a notice of the election in 2 or
15    more newspapers  published  in  the  county,  city,  village,
16    incorporated town or town, as the case may be, or if there is
17    no such newspaper, then in any 2 or more newspapers published
18    in the county and having a general circulation throughout the
19    community. The notice may be substantially as follows:
20        Notice  is hereby given that on (give date), at (give the
21    place of holding the election and the name of the precinct or
22    district) in the county of (name county), an election will be
23    held for (give  the  title  of  the  several  offices  to  be
24    filled),  which  election  will  be  open  at  6:00 a. m. and
25    continued open until 7:00 p. m. of that day.
26        Dated at .... this .... day of ...., 19...
27    (Source: P.A. 84-808.)
28        (10 ILCS 5/12-4) (from Ch. 46, par. 12-4)
29        Sec. 12-4. Not more than 30 nor less than 10  days  prior
30    to  the  date  of the consolidated and nonpartisan elections,
31    each election authority shall publish notice of the  election
32    of  officers of each political subdivision to be conducted in
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 1    his or its jurisdiction on such election date.  The notice of
 2    election shall be published once in one  or  more  newspapers
 3    published  in  each political subdivision, and if there is no
 4    such newspaper, then published once  in  a  local,  community
 5    newspaper  having general circulation in the subdivision, and
 6    also once in a newspaper published in the county wherein  the
 7    political  subdivisions  or  portions  thereof,  having  such
 8    elections are situated.
 9        The  notice shall be substantially in the form prescribed
10    in Section 12-1, and may include notice of  the  location  of
11    the  precincts and polling places within or including part of
12    the political subdivision in which  the  election  is  to  be
13    conducted,  and  the  procedures for using mail-in ballots in
14    nonpartisan elections subject to Article 19A.
15        Not less than 10 days  before  each  such  election,  the
16    election  authority shall publish notice of the precincts and
17    the location of the polling places where the election will be
18    conducted for  political  subdivisions  wholly  or  partially
19    within  its jurisdiction.  The election authority shall cause
20    publication in  the  manner  heretofore  prescribed  for  the
21    notice of election.
22    (Source: P.A. 81-963.)
23        (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
24        Sec.  13-1.  In counties not under township organization,
25    the county board of commissioners shall at its meeting in May
26    in each even-numbered year appoint in each election  precinct
27    5 capable and discreet electors meeting the qualifications of
28    Section  13-4  to be judges of election. Where neither voting
29    machines  nor  electronic,  mechanical  or  electric   voting
30    systems are used, the county board may, for any precinct with
31    respect to which the board considers such action necessary or
32    desirable  in  view  of  the  number of voters, and shall for
33    general elections for any precinct containing more  than  600
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 1    registered  voters,  appoint  in  addition to the 5 judges of
 2    election a team of 5 tally  judges.  In  such  precincts  the
 3    judges of election shall preside over the election during the
 4    hours  the  polls  are  open,  and the tally judges, with the
 5    assistance of the  holdover  judges  designated  pursuant  to
 6    Section 13-6.2, shall count the vote after the closing of the
 7    polls. However, the County Board of Commissioners may appoint
 8    3  judges  of  election  to  serve in lieu of the 5 judges of
 9    election otherwise required by this Section to serve  in  any
10    emergency  referendum, or in any odd-year regular election or
11    in any special primary or special  election  called  for  the
12    purpose  of filling a vacancy in the office of representative
13    in the United States Congress or to nominate  candidates  for
14    such  purpose.   If a nonpartisan election is conducted under
15    Article 19A, the County Board of Commissioners shall  appoint
16    a  team of 5 tally judges to serve in lieu of the 5 judges of
17    election otherwise  required  by  this  Section.   The  tally
18    judges  shall  possess  the  same qualifications and shall be
19    appointed in the same  manner  and  with  the  same  division
20    between  political  parties  as  is  provided  for  judges of
21    election.
22        In addition to such precinct judges, the county board  of
23    commissioners  shall appoint special panels of 3 judges each,
24    who shall  possess  the  same  qualifications  and  shall  be
25    appointed  in  the  same  manner  and  with the same division
26    between political parties as is provided for other judges  of
27    election.  The number of such panels of judges required shall
28    be determined by regulations of the State Board of  Elections
29    which  shall  base  the required numbers of special panels on
30    the number of registered voters in the  jurisdiction  or  the
31    number  of absentee ballots voted at recent elections, or any
32    combination of such factors.
33        Such appointment shall  be  confirmed  by  the  court  as
34    provided  in  Section  13-3  of  this Article. No more than 3
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 1    persons of the same political party shall be appointed judges
 2    of the same election precinct or election  judge  panel.  The
 3    appointment shall be made in the following manner: The county
 4    board  of commissioners shall select and approve 3 persons as
 5    judges of election in each election precinct from a certified
 6    list,  furnished  by  the  chairman  of  the  County  Central
 7    Committee of  the  first  leading  political  party  in  such
 8    precinct;  and  the  county board of commissioners shall also
 9    select and approve 2 persons as judges of  election  in  each
10    election  precinct  from  a  certified list, furnished by the
11    chairman of  the  County  Central  Committee  of  the  second
12    leading  political  party.  However,  if  only  3  judges  of
13    election  serve  in  each  election  precinct, no more than 2
14    persons of the  same  political  party  shall  be  judges  of
15    election  in  the same election precinct; and which political
16    party is entitled to 2 judges of election and which political
17    party  is  entitled  to  one  judge  of  election  shall   be
18    determined  in  the  same manner as set forth in the next two
19    preceding sentences with regard to 5 election judges in  each
20    precinct.  Such certified list shall be filed with the county
21    clerk  not less than 10 days before the annual meeting of the
22    county board of commissioners. Such list  shall  be  arranged
23    according  to  precincts. The chairman of each county central
24    committee shall, insofar as possible, list persons who reside
25    within the precinct in which they are  to  serve  as  judges.
26    However,  he may, in his sole discretion, submit the names of
27    persons who reside outside the precinct but within the county
28    embracing the precinct in which they are to serve.  He  must,
29    however,  submit  the  names  of  at least 2 residents of the
30    precinct for each precinct in which his party is  to  have  3
31    judges  and  must submit the name of at least one resident of
32    the precinct for each precinct in which his party is to  have
33    2 judges. The county board of commissioners shall acknowledge
34    in  writing  to each county chairman the names of all persons
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 1    submitted on such certified list  and  the  total  number  of
 2    persons listed thereon. If no such list is filed or such list
 3    is incomplete (that is, no names or an insufficient number of
 4    names  are  furnished  for  certain  election precincts), the
 5    county board of commissioners shall  make  or  complete  such
 6    list  from  the  names  contained  in  the  supplemental list
 7    provided for in Section 13-1.1.  The  election  judges  shall
 8    hold  their  office  for  2 years from their appointment, and
 9    until their successors  are  duly  appointed  in  the  manner
10    provided in this Act. The county board of commissioners shall
11    fill  all vacancies in the office of judge of election at any
12    time in the manner provided in this Act.
13    (Source: P.A. 87-1052.)
14        (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
15        Sec. 13-2.  In counties under the  township  organization
16    the  county  board  shall  at  its  meeting  in  May  in each
17    even-numbered year except in counties containing a population
18    of 3,000,000 inhabitants or over and except when such  judges
19    are  appointed  by  election  commissioners,  select  in each
20    election precinct in  the  county,  5  capable  and  discreet
21    electors  to  be  judges  of  election  who shall possess the
22    qualifications required by this Act for  such  judges.  Where
23    neither   voting   machines  nor  electronic,  mechanical  or
24    electric voting systems are used, the county board  may,  for
25    any  precinct  with respect to which the board considers such
26    action necessary or  desirable  in  view  of  the  number  of
27    voters,  and  shall  for  general  elections for any precinct
28    containing  more  than  600  registered  voters,  appoint  in
29    addition to the 5 judges  of  election  a  team  of  5  tally
30    judges.  In  such  precincts  the  judges  of  election shall
31    preside over the election during  the  hours  the  polls  are
32    open,  and  the  tally  judges,  with  the  assistance of the
33    holdover judges designated pursuant to Section 13-6.2,  shall
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 1    count  the  vote  after  the  closing of the polls. The tally
 2    judges shall possess the same  qualifications  and  shall  be
 3    appointed  in  the  same  manner  and  with the same division
 4    between political  parties  as  is  provided  for  judges  of
 5    election.
 6        However,  the  county  board  may  appoint  3  judges  of
 7    election  to  serve  in  lieu  of  the  5  judges of election
 8    otherwise required by this Section to serve in any  emergency
 9    referendum,  or  in  any  odd-year regular election or in any
10    special primary or special election called for the purpose of
11    filling a vacancy in the  office  of  representative  in  the
12    United  States  Congress  or  to nominate candidates for such
13    purpose.
14        If a nonpartisan election is conducted under Article 19A,
15    the county board shall appoint a team of 5  tally  judges  to
16    serve  in lieu of the 5 judges of election otherwise required
17    by this Section.
18        In addition to such precinct  judges,  the  county  board
19    shall  appoint  special  panels  of  3 judges each, who shall
20    possess the same qualifications and shall be appointed in the
21    same manner and with  the  same  division  between  political
22    parties  as  is  provided  for  other judges of election. The
23    number of such panels of judges required shall be  determined
24    by  regulations  of the State Board of Elections, which shall
25    base the required number of special panels on the  number  of
26    registered  voters  in  the  jurisdiction  or  the  number of
27    absentee ballots voted at recent elections or any combination
28    of such factors.
29        No more than 3 persons of the same political party  shall
30    be   appointed  judges  in  the  same  election  district  or
31    undivided precinct. The election of the judges of election in
32    the various election precincts shall be made in the following
33    manner: The county board shall select and approve  3  of  the
34    election  judges  in  each  precinct  from  a  certified list
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 1    furnished by the chairman of the County Central Committee  of
 2    the  first  leading political party in such election precinct
 3    and shall also select and approve 2  judges  of  election  in
 4    each election precinct from a certified list furnished by the
 5    chairman  of  the  County  Central  Committee  of  the second
 6    leading political party in such election  precinct.  However,
 7    if only 3 judges of election serve in each election precinct,
 8    no  more  than 2 persons of the same political party shall be
 9    judges of election in the same election precinct;  and  which
10    political party is entitled to 2 judges of election and which
11    political party is entitled to one judge of election shall be
12    determined  in  the  same manner as set forth in the next two
13    preceding sentences with regard to 5 election judges in  each
14    precinct.   The  respective County Central Committee chairman
15    shall notify the county board by June 1 of each  odd-numbered
16    year  immediately  preceding the annual meeting of the county
17    board whether or not such certified list  will  be  filed  by
18    such  chairman.  Such  list  shall  be  arranged according to
19    precincts. The chairman  of  each  county  central  committee
20    shall,  insofar  as  possible, list persons who reside within
21    the precinct in which they are to serve as  judges.  However,
22    he  may,  in his sole discretion, submit the names of persons
23    who  reside  outside  the  precinct  but  within  the  county
24    embracing the precinct in which they are to serve.  He  must,
25    however,  submit  the  names  of  at least 2 residents of the
26    precinct for each precinct in which his party is  to  have  3
27    judges  and  must submit the name of at least one resident of
28    the precinct for each precinct in which his party is to  have
29    2  judges. Such certified list, if filed, shall be filed with
30    the county clerk not less than  20  days  before  the  annual
31    meeting   of   the  county  board.  The  county  board  shall
32    acknowledge in writing to each county chairman the  names  of
33    all  persons  submitted  on such certified list and the total
34    number of persons listed thereon. If no such list is filed or
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 1    the list is incomplete (that is, no names or an  insufficient
 2    number   of   names   are   furnished  for  certain  election
 3    precincts), the county board shall make or complete such list
 4    from the names contained in the  supplemental  list  provided
 5    for  in  Section  13-1.1. Provided, further, that in any case
 6    where a township has been or shall be redistricted, in  whole
 7    or  in part, subsequent to one general election for Governor,
 8    and prior to the next, the judges of election to be  selected
 9    for  all  new  or altered precincts shall be selected in that
10    one of the methods above detailed, which shall be  applicable
11    according  to  the  facts and circumstances of the particular
12    case, but the majority of such judges for each such  precinct
13    shall be selected from the first leading political party, and
14    the  minority judges from the second leading political party.
15    Provided, further, that in counties having  a  population  of
16    1,000,000  inhabitants  or  over  the  selection of judges of
17    election shall be made in the same manner in all respects  as
18    in  other  counties,  except  that the provisions relating to
19    tally judges are inapplicable to  such  counties  and  except
20    that  the county board shall meet during the month of January
21    for the purpose of making such selection and the chairman  of
22    each  county  central committee shall notify the county board
23    by the preceding October 1 whether or not the certified  list
24    will  be  filed.  Such  judges  of  election shall hold their
25    office for 2 years from their  appointment  and  until  their
26    successors  are duly appointed in the manner provided in this
27    Act. The county board shall fill all vacancies in the  office
28    of  judges  of  elections  at  any  time in the manner herein
29    provided.
30        Such selections under this Section shall be confirmed  by
31    the  circuit  court  as  provided  in  Section  13-3  of this
32    Article.
33    (Source: P.A. 86-1028; 87-1052.)
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 1        (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
 2        Sec.  14-1.   The   board   of   election   commissioners
 3    established  or  existing  under Article 6 shall, at the time
 4    and in the manner provided  in  Section  14-3.1,  select  and
 5    choose  5  electors,  men or women, as judges of election for
 6    each precinct in such city, village or incorporated town.
 7        Where neither voting machines nor electronic,  mechanical
 8    or  electric  voting  systems are used, the board of election
 9    commissioners may, for any precinct with respect to which the
10    board considers such action necessary or desirable in view of
11    the number of voters, and shall for general elections for any
12    precinct containing more than 600 registered voters,  appoint
13    in  addition  to  the  5 judges of election a team of 5 tally
14    judges. In  such  precincts  the  judges  of  election  shall
15    preside  over  the  election  during  the hours the polls are
16    open, and the  tally  judges,  with  the  assistance  of  the
17    holdover  judges designated pursuant to Section 14-5.2, shall
18    count the vote after the closing  of  the  polls.  The  tally
19    judges  shall  possess  the  same qualifications and shall be
20    appointed in the same  manner  and  with  the  same  division
21    between  political  parties  as  is  provided  for  judges of
22    election.  The   foregoing   provisions   relating   to   the
23    appointment of tally judges are inapplicable in counties with
24    a population of 1,000,000 or more.
25        If a nonpartisan election is conducted under Article 19A,
26    the board of election commissioners shall appoint a team of 5
27    tally  judges  to  serve  in lieu of the 5 judges of election
28    otherwise required by this Section.
29        To qualify as judges the electors must:
30        (1) be citizens of the United States;
31        (2) be of good repute and character;
32        (3)  be  able  to  speak,  read  and  write  the  English
33    language;
34        (4) be skilled in the 4 fundamental rules of arithmetic;
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 1        (5) be of good understanding and capable;
 2        (6) not be candidates for any office at the election  and
 3    not be elected committeemen;
 4        (7)  reside  and  be  entitled to vote in the precinct in
 5    which they  are  selected  to  serve,  except  that  in  each
 6    precinct  not  more  than  one  judge  of  each  party may be
 7    appointed from outside such precinct.  Any judge so appointed
 8    to serve in any precinct in which he is not entitled to  vote
 9    must  be  entitled  to vote elsewhere within the county which
10    encompasses the precinct in which such judge is appointed and
11    such judge must otherwise meet  the  qualifications  of  this
12    Section.
13        The   board   of  election  commissioners  may  select  2
14    additional judges of election, one from  each  of  the  major
15    political  parties,  for  each 200 voters in excess of 600 in
16    any precinct having more than 600  voters  as  authorized  by
17    Section   11--3.   These  additional  judges  must  meet  the
18    qualifications prescribed in this Section.
19    (Source: P.A. 80-779.)
20        (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
21        Sec. 14-3.1. The board of election  commissioners  shall,
22    during  the  month  of May of each even-numbered year, select
23    for each election precinct within  the  jurisdiction  of  the
24    board  5  persons  to be judges of election who shall possess
25    the qualifications required by this Act for such judges.  The
26    selection  shall  be  made  by  a  county  board  of election
27    commissioners in the following manner:  the county  board  of
28    election  commissioners shall select and approve 3 persons as
29    judges of election in each election precinct from a certified
30    list  furnished  by  the  chairman  of  the  county   central
31    committee  of  the  first  leading  political  party  in that
32    precinct; the county board  of  election  commissioners  also
33    shall  select  and approve 2 persons as judges of election in
                            -14-               LRB9001189MWpc
 1    each election precinct from a certified list furnished by the
 2    chairman of  the  county  central  committee  of  the  second
 3    leading political party in that precinct.  The selection by a
 4    municipal  board  of  election commissioners shall be made in
 5    the following manner: for each precinct, 3  judges  shall  be
 6    selected  from one of the 2 leading political parties and the
 7    other 2 judges shall  be  selected  from  the  other  leading
 8    political  party;   the  parties  entitled to 3 and 2 judges,
 9    respectively, in the several precincts shall be determined as
10    provided in Section  14-4.   However,  a  Board  of  Election
11    Commissioners  may  appoint three judges of election to serve
12    in lieu of the 5 judges of  election  otherwise  required  by
13    this  Section to serve in any emergency referendum, or in any
14    odd-year regular  election  or  in  any  special  primary  or
15    special  election called for the purpose of filling a vacancy
16    in the office of representative in the United States Congress
17    or to nominate candidates for such purpose.
18        If a nonpartisan election is conducted under Article 19A,
19    a Board of Election Commissioners shall appoint a team  of  5
20    tally  judges  to  serve  in lieu of the 5 judges of election
21    otherwise required by this Section.
22        If only 3 judges  of  election  serve  in  each  election
23    precinct,  no more than 2 persons of the same political party
24    shall be judges of election in the  same  election  precinct,
25    and which political party is entitled to 2 judges of election
26    and  which  political  party  is  entitled  to  one  judge of
27    election shall be determined as set forth in this Section for
28    a county board of  election  commissioners'  selection  of  5
29    election  judges  in  each  precinct or in Section 14-4 for a
30    municipal  board  of  election  commissioners'  selection  of
31    election judges in each precinct, whichever  is  appropriate.
32    In  addition  to  such precinct judges, the board of election
33    commissioners shall appoint special panels of 3 judges  each,
34    who  shall  possess  the  same  qualifications  and  shall be
                            -15-               LRB9001189MWpc
 1    appointed in the same  manner  and  with  the  same  division
 2    between  political parties as is provided for other judges of
 3    election. The number of such panels of judges required  shall
 4    be  determined by regulation of the State Board of Elections,
 5    which shall base the required number of special panels on the
 6    number of registered voters in the jurisdiction or the number
 7    of  absentee  ballots  voted  at  recent  elections  or   any
 8    combination  of  such factors.  A municipal board of election
 9    commissioners shall make the selections of persons  qualified
10    under  Section  14-1  from  certified  lists furnished by the
11    chairman of the respective county central committees of the 2
12    leading political parties.  Lists furnished  by  chairmen  of
13    county   central  committees  under  this  Section  shall  be
14    arranged according to precincts. The chairman of each  county
15    central  committee  shall,  insofar as possible, list persons
16    who reside within the precinct in which they are to serve  as
17    judges.  However,  he may, in his sole discretion, submit the
18    names of persons who reside outside the precinct  but  within
19    the county embracing the precinct in which they are to serve.
20    He must, however, submit the names of at least 2 residents of
21    the  precinct for each precinct in which his party is to have
22    3 judges and must submit the name of at least one resident of
23    the precinct for each precinct in which his party is to  have
24    2  judges. The board of election commissioners shall no later
25    than March 1 of each even-numbered year notify  the  chairmen
26    of   the   respective  county  central  committees  of  their
27    responsibility to furnish such lists, and each such  chairman
28    shall  furnish  the  board of election commissioners with the
29    list for his party on or before May 1 of  each  even-numbered
30    year.  The  board of election commissioners shall acknowledge
31    in writing to each county chairman the names of  all  persons
32    submitted  on  such  certified  list  and the total number of
33    persons listed thereon. If no such list is furnished or if no
34    names or an insufficient number of names  are  furnished  for
                            -16-               LRB9001189MWpc
 1    certain  precincts, the board of election commissioners shall
 2    make or complete such list from the names  contained  in  the
 3    supplemental  list  provided for in Section 14-3.2. Judges of
 4    election shall hold their  office  for  2  years  from  their
 5    appointment  and until their successors are duly appointed in
 6    the  manner  herein   provided.   The   board   of   election
 7    commissioners  shall,  subject  to  the provisions of Section
 8    14-3.2, fill  all  vacancies  in  the  office  of  judges  of
 9    election at any time in the manner herein provided.
10        Such  selections under this Section shall be confirmed by
11    the court as provided in Section 14-5.
12    (Source: P.A. 89-471, eff. 6-13-96.)
13        (10 ILCS 5/16-5) (from Ch. 46, par. 16-5)
14        Sec. 16-5.  For  all  elections  to  which  this  Article
15    applies,  the  county  clerks,  in their respective counties,
16    shall have charge of the printing  of  the  ballots  for  all
17    elections, including referenda, and shall furnish them to the
18    judges  of  election. In municipalities and counties having a
19    board of election commissioners, such board shall have charge
20    of the printing of the ballots and furnish them to the judges
21    of election within the territory  under  their  jurisdiction.
22    Ballots  shall be printed and in possession of the respective
23    election authorities at least two days before  each  election
24    and subject to the inspection of candidates and their agents;
25    if any mistakes be discovered they shall be corrected without
26    delay. If a nonpartisan election is subject to the provisions
27    of  Article  19A,  however, the ballots shall be furnished to
28    the election authority prior to the time the ballots  are  to
29    be  mailed  to the voters. The election authority shall cause
30    to be delivered to the judges  of  election  at  the  polling
31    place  of  each  precinct  or  district, not less than twelve
32    hours before the time fixed by law for  the  opening  of  the
33    polls  therein,  at  least 10% more ballots of the kind to be
                            -17-               LRB9001189MWpc
 1    voted in such precinct or district than the number of  voters
 2    registered  therein  for  the purposes of such election, such
 3    ballots shall be put up in  separate  sealed  packages,  with
 4    marks  on  the  outside clearly designating the polling place
 5    for which  they  are  intended  and  the  number  of  ballots
 6    enclosed,  and  receipt therefor shall be given by the judges
 7    of election to whom they are delivered, which  receipt  shall
 8    be   preserved   by  the  election  authority.  The  election
 9    authority shall provide and retain at  its  office  an  ample
10    supply  of  ballots,  in addition to those distributed to the
11    several voting precincts or districts, and if at any time  on
12    or  before  the  day of election the ballots furnished to any
13    precinct shall be lost, destroyed  or  exhausted  before  the
14    polls are closed, on written application signed by a majority
15    of  the  judges  he  or  they  shall  immediately cause to be
16    delivered  to  such  judges  at  the  polling   place,   such
17    additional   supply   of  ballots  as  may  be  required  and
18    sufficient to comply with the provisions of this Act.
19        If a nonpartisan election is subject to the provisions of
20    Article 19A, the election authority shall, not more  than  40
21    nor  less than 5 days before the date of the election, mail a
22    ballot to each registered voter.
23    (Source: P.A. 80-1469.)
24        (10 ILCS 5/17-1) (from Ch. 46, par. 17-1)
25        Sec.  17-1.   Except  for   the   nonpartisan   elections
26    conducted under Article 19A, the polls shall be opened at the
27    hour  of 6:00 a.m.  and continued open until 7:00 p.m. of the
28    same day, at which time the polls shall be closed; but if the
29    judges shall not attend at the hour of  six  o'clock  in  the
30    morning, or if it shall be necessary for the electors present
31    to   appoint  judges  to  conduct  the  election,  as  herein
32    prescribed, the polls may, in that case,  be  opened  at  any
33    hour  before  the  time for closing the same shall arrive, as
                            -18-               LRB9001189MWpc
 1    the case may require. The  State  Board  of  Elections  shall
 2    adopt rules for the conduct of elections under Article 19A.
 3    (Source: P.A. 81-850; 81-1149.)
 4        (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
 5        Sec.   19-2.1.   At  the  consolidated  primary,  general
 6    primary, consolidated, and general and nonpartisan elections,
 7    electors entitled  to  vote  by  absentee  ballot  under  the
 8    provisions  of  Section 19-1 may vote in person at the office
 9    of the municipal clerk, if the elector is  a  resident  of  a
10    municipality not having a board of election commissioners, or
11    at the office of the township clerk or, in counties not under
12    township  organization,  at  the  office of the road district
13    clerk if the elector is not a  resident  of  a  municipality;
14    provided,  in  each case that the municipal, township or road
15    district clerk, as the case may be, is authorized to  conduct
16    in-person absentee voting pursuant to this Section.  Absentee
17    voting  in  such municipal and township clerk's offices under
18    this Section shall be conducted from the 22nd day through the
19    day before the election.
20        Municipal and township clerks (or road  district  clerks)
21    who  have  regularly  scheduled  working  hours  at regularly
22    designated offices other than a place of residence and  whose
23    offices  are  open  for business during the same hours as the
24    office of the  election  authority  shall  conduct  in-person
25    absentee  voting  for said elections.  Municipal and township
26    clerks (or  road  district  clerks)  who  have  no  regularly
27    scheduled  working  hours  but  who have regularly designated
28    offices  other  than  a  place  of  residence  shall  conduct
29    in-person absentee voting for said elections during the hours
30    of 8:30 a.m.  to  4:30  p.m.  or  9:00  a.m.  to  5:00  p.m.,
31    weekdays,  and  9:00 a.m. to 12:00 noon on Saturdays, but not
32    during such hours as the office of the election authority  is
33    closed,  unless  the  clerk  files  a written waiver with the
                            -19-               LRB9001189MWpc
 1    election authority not later than July 1 of each year stating
 2    that he or she is unable  to  conduct  such  voting  and  the
 3    reasons  therefor. Such clerks who conduct in-person absentee
 4    voting may extend their hours for that purpose to include any
 5    hours in which  the  election  authority's  office  is  open.
 6    Municipal  and  township clerks (or road district clerks) who
 7    have no regularly scheduled office  hours  and  no  regularly
 8    designated  offices  other  than a place of residence may not
 9    conduct in-person absentee voting for  said  elections.   The
10    election   authority   may  devise  alternative  methods  for
11    in-person absentee voting before  said  elections  for  those
12    precincts   located   within   the   territorial  area  of  a
13    municipality or township (or road district) wherein the clerk
14    of such municipality  or  township  (or  road  district)  has
15    waived  or  is  not  entitled  to  conduct  such  voting.  In
16    addition,  electors  may  vote  by  absentee ballot under the
17    provisions of Section 19-1 at  the  office  of  the  election
18    authority having jurisdiction over their residence.
19        In  conducting  absentee  voting  under this Section, the
20    respective  clerks  shall  not  be  required  to  verify  the
21    signature of  the  absentee  voter  by  comparison  with  the
22    signature  on the official registration record card. However,
23    the clerk shall reasonably ascertain  the  identity  of  such
24    applicant,  shall  verify  that  each  such  applicant  is  a
25    registered  voter,  and shall verify the precinct in which he
26    or she is registered and the proper ballots of the  political
27    subdivisions  in  which the applicant resides and is entitled
28    to vote, prior to  providing  any  absentee  ballot  to  such
29    applicant.   The   clerk   shall   verify   the   applicant's
30    registration  and  from the most recent poll list provided by
31    the county clerk, and if the applicant is not listed on  that
32    poll list then by telephoning the office of the county clerk.
33        Absentee   voting   procedures   in  the  office  of  the
34    municipal, township and road district clerks shall be subject
                            -20-               LRB9001189MWpc
 1    to all of the  applicable  provisions  of  this  Article  19.
 2    Pollwatchers  may  be appointed to observe in-person absentee
 3    voting procedures at the office of the municipal, township or
 4    road district clerks' offices where such absentee  voting  is
 5    conducted.   Such pollwatchers shall qualify and be appointed
 6    in the same manner as provided in Sections  7-34  and  17-23,
 7    except  each  candidate,  political  party or organization of
 8    citizens may appoint only one pollwatcher for  each  location
 9    where  in-person  absentee voting is conducted.  Pollwatchers
10    shall  be  residents  of  the  county   and   possess   valid
11    pollwatcher  credentials.  All  requirements  in this Article
12    applicable  to  election  authorities  shall  apply  to   the
13    respective  local clerks, except where inconsistent with this
14    Section.
15        The sealed absentee ballots  in  their  carrier  envelope
16    shall  be  delivered  by  the respective clerks to the proper
17    polling place before the close of the polls on the day of the
18    nonpartisan,   general   primary,    consolidated    primary,
19    consolidated or general election.
20        Not more than 23 days before the nonpartisan, general and
21    consolidated elections, the county clerk shall make available
22    to   those  municipal,  township  and  road  district  clerks
23    conducting in-person absentee voting within  such  county,  a
24    sufficient   number   of   applications,   absentee  ballots,
25    envelopes, and printed voting instruction slips  for  use  by
26    absentee voters in the offices of such clerks. The respective
27    clerks  shall  receipt for all ballots received, shall return
28    all unused or spoiled ballots to the county clerk on the  day
29    of  the  election  and shall strictly account for all ballots
30    received.
31        The ballots delivered  to  the  respective  clerks  shall
32    include   absentee   ballots   for   each   precinct  in  the
33    municipality, township or road  district,  or  shall  include
34    such   separate   ballots   for  each  political  subdivision
                            -21-               LRB9001189MWpc
 1    conducting an election of officers or a  referendum  on  that
 2    election day as will permit any resident of the municipality,
 3    township  or  road district to vote absentee in the office of
 4    the proper clerk.
 5        The clerks of  all  municipalities,  townships  and  road
 6    districts may distribute applications for absentee ballot for
 7    the  use  of voters who wish to mail such applications to the
 8    appropriate  election  authority.    Such  applications   for
 9    absentee  ballots  shall  be  made  on  forms provided by the
10    election  authority.   Duplication  of  such  forms  by   the
11    municipal, township or road district clerk is prohibited.
12    (Source: P.A. 86-875.)
13        (10 ILCS 5/Art.19A heading new)
14        Article 19A.  MAIL-IN BALLOTS FOR NONPARTISAN ELECTIONS
15        (10 ILCS 5/19A-5 new)
16        Sec.  19A-5.  Voting in nonpartisan elections.  Beginning
17    in the year 1999, any  qualified  elector  of  the  State  of
18    Illinois   having   duly  registered  where  registration  is
19    required may vote at the nonpartisan election for the offices
20    listed in subsection (e) of Section  2A-1.2  through  ballots
21    mailed  to  the  voter  and  returned  to the proper election
22    authority  by  mail.   All  nonpartisan  elections  shall  be
23    conducted through mail-in ballots only.
24        Each election authority shall compile and keep current  a
25    list  of  voters who are eligible to vote under this Article.
26    The list shall include  the  last  mailing  address  of  each
27    voter.
28        (10 ILCS 5/19A-10 new)
29        Sec.  19A-10.  Time  for  mailing ballots.  Each election
30    authority, not more than 40 nor less than 5 days  before  the
31    nonpartisan  election held in November of odd-numbered years,
                            -22-               LRB9001189MWpc
 1    shall mail, postage prepaid, an official ballot,  or  ballots
 2    if  more  than  one  are to be voted at the election, to each
 3    registered voter eligible to vote under  this  Article.   The
 4    ballot  or  ballots  shall  be  mailed  to  each voter's last
 5    mailing address and shall be marked "DO NOT FORWARD - ADDRESS
 6    CORRECTION REQUESTED" or any other similar statement that  is
 7    in  accordance with United States postal service regulations.
 8        The election authority shall maintain  a  list  for  each
 9    election of the voters to whom ballots have been issued.  The
10    list  shall  be  maintained  for  each  precinct  within  the
11    jurisdiction of the election authority.
12        (10 ILCS 5/19A-15 new)
13        Sec.  19A-15.  Enclosure of ballots in unsealed envelope;
14    certification;  instructions  for   marking   and   returning
15    ballots.   The  election  authority  shall fold the ballot or
16    ballots in the manner specified by the  statute  for  folding
17    ballots  prior  to their deposit in the ballot box, and shall
18    enclose the ballot or ballots in an unsealed envelope  to  be
19    furnished by the election authority.  The envelope shall bear
20    on its face the name, official title, and post office address
21    of the election authority.
22        The  printed  certificate  on  the  envelope  shall be in
23    substantially the following form:
24        "I state that I am a resident of the ..........  precinct
25    of  the  (1)*  township of .......... (2)* city of ..........
26    (3)* .......... ward in the city of  ..........  residing  at
27    ..........  in  the  city or town in the county of ..........
28    and State of Illinois, that I have lived at the  address  for
29    ... months last past; and that I am lawfully entitled to vote
30    in the precinct at the election to be held on .......
31    * fill in either (1), (2), or (3).
32        I  further  state  that  I personally marked the enclosed
33    ballot in secret.  If I received  assistance  in  casting  my
                            -23-               LRB9001189MWpc
 1    ballot,  I further attest that, due to physical incapacity, I
 2    marked the enclosed ballot in secret with the assistance of
 3                             .................................
 4                             (Individual rendering assistance)
 5                             .................................
 6                             (Residence address)
 7        Under penalties of perjury provided by law under  Section
 8    29-10  of  the  Election Code, the undersigned certifies that
 9    the statements set forth in this certification are  true  and
10    correct.
11                                    ........................."
12        In addition, the election authority shall provide printed
13    slips  giving  full  instructions  regarding  the  manner  of
14    marking  and  returning the ballot in order that the same may
15    be counted, and shall furnish one of  the  printed  slips  to
16    each  voter  at  the  same  time  the ballot is mailed to the
17    voter.    The  instructions  shall  include   the   following
18    statement:  "In  signing  the  certification  on  the  ballot
19    envelope,  you  are attesting that you personally marked this
20    ballot in secret.  If you are physically unable to  mark  the
21    ballot,  a friend or relative may assist you after completing
22    the enclosed affidavit.  Federal and State laws prohibit your
23    employer, your employer's agent, or an officer  or  agent  of
24    your union from assisting physically disabled voters."
25        In  addition, if a ballot to be provided to a voter under
26    this  Section  contains  a  public  question   described   in
27    subsection  (b)  of Section 28-6 and the territory concerning
28    the question to be submitted is not described on  the  ballot
29    due  to  that  space  limitations of the ballot, the election
30    authority shall provide a printed copy of the notice  of  the
31    public  question,  which  shall included a description of the
32    territory in the manner required by Section 16-7.  The notice
33    shall be furnished to the voter at the  time  the  ballot  is
34    mailed to the voter.
                            -24-               LRB9001189MWpc
 1        (10 ILCS 5/19A-20 new)
 2        Sec. 19A-20.  Certification of voters; return of ballots.
 3    The  voter  shall  make  and  subscribe  to the certification
 4    provided for on the return envelope for the ballot,  and  the
 5    ballot  or ballots shall be folded by the voter in the manner
 6    required to be folded before depositing  the  ballot  in  the
 7    ballot  box,  and  shall be deposited in the envelope and the
 8    envelope securely sealed. The voter shall then endorse his or
 9    her certificate on the back of the envelope, and the envelope
10    shall be  mailed  by  the  voter,  postage  prepaid,  to  the
11    election authority issuing the ballot, or if more convenient,
12    it  may  be  delivered in person, by either the voter or by a
13    spouse, parent, child, brother, or sister of the voter, or by
14    a company licensed by the Illinois Commerce Commission  under
15    the Illinois Commercial Transportation Law that is engaged in
16    the  business  of making deliveries.  If a voter gives his or
17    her ballot and ballot envelope to a  spouse,  parent,  child,
18    brother,  or  sister  of  the  voter, or to a company that is
19    engaged in the business of making deliveries for delivery  to
20    the election authority, the voter shall give an authorization
21    form to the person making the delivery. The person making the
22    delivery  shall  present  the  authorization  to the election
23    authority.  The authorization shall be in  substantially  the
24    following form:
25        "I         ..............        (voter)        authorize
26    ...................... to take my ballot to the office of the
27    election authority.
28    ........................          ...........................
29            Date                               Signature of voter
30    ........................          ...........................
31            Town                                          Address
32    ........................          ...........................
33            Date                          Signature of authorized
34                                             Individual
                            -25-               LRB9001189MWpc
 1    ........................          ...........................
 2            Town                           Relationship (if any)"
 3        (10 ILCS 5/19A-25 new)
 4        Sec. 19A-25.  Receipt of ballots.  Upon  receipt  of  the
 5    voter's  ballot,  the  election  authority  shall enclose the
 6    unopened ballot in a large or carrier envelope that shall  be
 7    securely sealed and endorsed with the name and official title
 8    of  the  officer  and  the  words,  "This envelope contains a
 9    ballot and must be opened on election day", together with the
10    number and description of the precinct in which the ballot is
11    to be voted, and the officer shall safely keep  the  envelope
12    in  his  or  her  office until counted as provided in Section
13    19A-30.
14        (10 ILCS 5/19A-30 new)
15        Sec. 19A-30.  Counting of ballots.  The ballots  received
16    by  the election authority before 7:00 p.m. of the day of the
17    nonpartisan election shall be counted at the  office  of  the
18    election  authority by the tally judges, appointed under this
19    Code for that purpose.  The counting shall commence no  later
20    than  8:00 p.m. The counting shall continue until all ballots
21    received have been counted.
22        The procedures set forth in Section 19A-35  of  this  Act
23    and  Articles  17  and  18  of  this  Code shall apply to all
24    ballots counted under this provision, including comparing the
25    signature on the ballot envelope with the  signature  of  the
26    voter  on  the permanent voter registration record card taken
27    from the master file; except  the  votes  shall  be  recorded
28    without  regard  to precinct designation, except for precinct
29    offices.
30        (10 ILCS 5/19A-35 new)
31        Sec. 19A-35.  Casting ballots; comparison of  signatures;
                            -26-               LRB9001189MWpc
 1    rejection  of  ballots.   The  tally  judges  shall  cast the
 2    voter's ballots separately, and as each ballot is taken shall
 3    open the outer or  carrier  envelope,  announce  the  voter's
 4    name,  and  compare  the  signature  on  the  permanent voter
 5    registration record card taken from the master file with  the
 6    signature  upon the certification on the ballot envelope.  In
 7    case the judges find  the  certification  properly  executed,
 8    that  the  signatures correspond, and that the applicant is a
 9    duly  qualified  elector,  they  shall  open   the   envelope
10    containing  the  ballot  in such a manner as not to deface or
11    destroy the  certification,  or  mark  or  tear  the  ballots
12    therein  contained without unfolding or permitting the ballot
13    to be unfolded or examined, and having endorsed the ballot in
14    like manner as other ballots are  required  to  be  endorsed,
15    shall  deposit the same in the proper ballot box or boxes and
16    enter the voter's name in the poll book the same  as  if  the
17    voter had been present and voted in person.  The judges shall
18    place  the  ballot  certification  envelopes  in  a  separate
19    envelope as per the direction of the election authority.  The
20    envelope  containing the ballot certification envelopes shall
21    be retained by the election authority and preserved  in  like
22    manner as the official poll record.
23        In  case  the  signatures  do not correspond, or that the
24    voter is not a duly qualified elector,  or  that  the  ballot
25    envelope  is  open  or  has been opened and resealed, without
26    opening the envelope the judge of election shall mark  across
27    the face thereof, "Rejected", giving the reason therefor.
28        In case the ballot envelope contains more than one ballot
29    of  any  kind, the ballots shall not be counted, but shall be
30    marked "Rejected", giving the reason therefor.
31        The voter's envelope, and the voter's envelope  with  its
32    contents  unopened  when  the  vote  is  rejected,  shall  be
33    retained  and  preserved  in  the manner now provided for the
34    retention and preservation of official  ballots  rejected  at
                            -27-               LRB9001189MWpc
 1    the election.
 2        (10 ILCS 5/19A-40 new)
 3        Sec.    19A-40.  Pollwatchers.     On    election    day,
 4    pollwatchers  shall  be  permitted  to  be present during the
 5    casting of the mail ballots, and the vote of any voter may be
 6    challenged for cause the same as if he or  she  were  present
 7    and  voted  in  person, and the tally judges or a majority of
 8    them shall have power and authority to hear and determine the
 9    legality  of  the  ballot;  provided,  however,  that  if   a
10    challenge  to  any voter's right to vote is sustained, notice
11    of the same must  be  given  by  the  tally  judges  by  mail
12    addressed to the voter's place of residence.
13        Where  ballots  are counted on the day of the election in
14    the office of the election authority as provided  in  Section
15    19A-30  of this Article, each political party, candidate, and
16    qualified  civic  organization  shall  be  entitled  to  have
17    present one pollwatcher for each  panel  of  election  judges
18    therein  assigned.   The pollwatchers shall be subject to the
19    same provisions as are proscribed for pollwatchers in Section
20    7-34 and 17-23 of  this  Code,  and  shall  be  permitted  to
21    observe the signature comparison between that which is on the
22    ballot  envelope  and  that  which  is on the permanent voter
23    registration record card taken from the master file.
24        (10 ILCS 5/19A-45 new)
25        Sec. 19A-45.  Death of an elector  before  election  day.
26    Whenever it shall be made to appear by due proof to the tally
27    judges  that  any elector who has marked and forwarded his or
28    her ballot as provided in this Article has  died  before  the
29    date  of  the election, then the ballot of the deceased voter
30    shall be retained by the tally judges in the same  manner  as
31    provided  for rejected ballots; but the casting of the ballot
32    of a deceased voter shall not invalidate the election.
                            -28-               LRB9001189MWpc
 1        (10 ILCS 5/19A-50 new)
 2        Sec. 19A-50.  Application to  jurisdiction  using  voting
 3    machines.   In all jurisdictions in which voting machines are
 4    used, all the provisions  of  the  Article  relating  to  the
 5    furnishing of ballot boxes, printing, and furnishing official
 6    ballots  and  supplies  in  the  number  provided by law, the
 7    canvassing of the ballots and making the proper return of the
 8    result of the election shall, to the extent necessary to make
 9    this Article effective, apply with full force and effect.
10        (10 ILCS 5/19A-55)
11        Sec. 19A-55.  Adoption of rules for mail-in ballots.  The
12    State  Board  of  Elections shall conduct public hearings and
13    adopt rules and procedures for the implementation of the  use
14    of  mail-in  ballots within 270 days after the effective date
15    of this amendatory Act of 1997.
16        (b)  In addition to any other duties prescribed  by  law,
17    the State Board of Elections shall:
18             (1)  prescribe  the  form of materials to be used in
19        the conduct of mail-in ballot elections;
20             (2)  establish  procedures  consistent   with   this
21        Article for the conduct of mail-in ballot elections; and
22             (3)  supervise   the   conduct   of  mail-in  ballot
23        elections.
24        (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
25        Sec. 24A-6. The ballot information, whether placed on the
26    ballot  or  on  the  marking  device,  shall,   as   far   as
27    practicable,  be  in  the  order  of arrangement provided for
28    paper  ballots,  except  that  such  information  may  be  in
29    vertical or horizontal rows,  or  in  a  number  of  separate
30    pages.  Ballots for all questions or propositions to be voted
31    on must be provided in the same manner and must  be  arranged
32    on  or  in  the  marking device or on the ballot sheet in the
                            -29-               LRB9001189MWpc
 1    places provided for such purposes.
 2        When an electronic voting system utilizes a ballot  label
 3    booklet  and  ballot  card,  ballots  for candidates, ballots
 4    calling  for  a  constitutional  convention,   constitutional
 5    amendment   ballots,    judicial  retention  ballots,  public
 6    measures, and all propositions to be voted upon may be placed
 7    on the electronic voting device by providing  in  the  ballot
 8    booklet  separate  ballot  label  pages  or  series  of pages
 9    distinguished by differing colors as provided below.  When an
10    electronic voting system utilizes  a  ballot  sheet,  ballots
11    calling   for  a  constitutional  convention,  constitutional
12    amendment ballots and judicial  retention  ballots  shall  be
13    placed on the ballot sheet by providing a separate portion of
14    the  ballot sheet for each such kind of ballot which shall be
15    printed in ink of a color distinct from the color of ink used
16    in printing any other portion of the ballot  sheet.   Ballots
17    for candidates, public measures and all other propositions to
18    be  voted  upon  shall  be  placed  on  the  ballot  sheet by
19    providing a separate portion of the  ballot  sheet  for  each
20    such  kind  of  ballot.  Below the name of the last candidate
21    listed for an office shall be printed a  line  on  which  the
22    name  of  a  candidate  may  be  written  by  the  voter, and
23    immediately to the  left  of  such  line  an  area  shall  be
24    provided  for  marking  a  vote  for such write-in candidate.
25    More than one amendment to the constitution may be placed  on
26    the  same  ballot  page  or  series  of  pages or on the same
27    portion of the ballot sheet, as  the  case  may  be.   Ballot
28    label  pages for constitutional conventions or constitutional
29    amendments shall be on paper of blue color and shall  precede
30    all  other  ballot  label  pages in the ballot label booklet.
31    More than one public measure or proposition may be placed  on
32    the  same ballot label page or series of pages or on the same
33    portion of the ballot sheet, as the case may be.   More  than
34    one  proposition  for  retention  of  judges in office may be
                            -30-               LRB9001189MWpc
 1    placed on the same ballot label page or series of pages or on
 2    the same portion of the ballot sheet, as  the  case  may  be.
 3    Ballot  label pages for candidates shall be on paper of white
 4    color, except that in primary elections the ballot label page
 5    or pages for the  candidates  of  each  respective  political
 6    party  shall  be  of  the  color  designated  by the election
 7    official in charge of the election for that political party's
 8    candidates; provided that the ballot label pages or pages for
 9    candidates  for  use  at  the  nonpartisan  and  consolidated
10    elections may be on paper of different colors,  except  blue,
11    whenever  necessary or desirable to facilitate distinguishing
12    between  the  pages  for  different  political  subdivisions.
13    Except as provided in  Section  16-4.1,  in  elections  where
14    provision  is  made  for  straight  party voting by marking a
15    party circle, the designation of the  political  parties  for
16    straight party voting shall be on a separate page on which no
17    names  of  candidates  shall appear, except no straight party
18    circle shall  be  necessary  for  any  special  election  not
19    conducted  on  a  regularly scheduled election day and called
20    for the purpose  of  filling  a  vacancy  in  the  office  of
21    representative  in  the United States Congress. However, such
22    page shall be of the same color as the pages  containing  the
23    names  of  candidates for office.  On each succeeding page of
24    the candidate booklet, where the election  is  made  to  list
25    ballot  information vertically, the party affiliation of each
26    candidate or the word "independent" shall appear  immediately
27    to  the  left  of  the  candidate's  name,  and  the  name of
28    candidates for the same office  shall  be  listed  vertically
29    under  the  title  of that office. In the case of nonpartisan
30    elections for officers of political subdivisions, unless  the
31    statute  or  an  ordinance adopted pursuant to Article VII of
32    the Constitution requires  otherwise,  the  listing  of  such
33    nonpartisan   candidates  shall  not  include  any  party  or
34    "independent" designation. Ballot label  pages  for  judicial
                            -31-               LRB9001189MWpc
 1    retention  ballots  shall  be  on  paper  of green color, and
 2    ballot  label  pages  for  all  public  measures  and   other
 3    propositions  shall  be  on  paper of some other distinct and
 4    different color. In  primary  elections,  a  separate  ballot
 5    label  booklet, marking device and voting booth shall be used
 6    for each political party holding a primary, with  the  ballot
 7    label  booklet  arranged to include ballot label pages of the
 8    candidates  of  the  party  and  public  measures  and  other
 9    propositions to be voted upon  on  the  day  of  the  primary
10    election.   One  ballot  card  may  be used for recording the
11    voter's vote or choice on all such ballots, proposals, public
12    measures or propositions,  and  such  ballot  card  shall  be
13    arranged  so  as  to  record  the voter's vote or choice in a
14    separate column or columns for  each  such  kind  of  ballot,
15    proposal, public measure or proposition.
16        If  the ballot label booklet includes both candidates for
17    office and public measures or propositions to  be  voted  on,
18    the  election official in charge of the election shall divide
19    the pages by protruding tabs identifying the division of  the
20    pages,   and   printing   on   such   tabs  "Candidates"  and
21    "Propositions".
22        The ballot card and all of its  columns  and  the  ballot
23    card   envelope   shall   be  of  the  color  prescribed  for
24    candidate's ballots  at  the  general  or  primary  election,
25    whichever  is being held.  At an election where no candidates
26    are being nominated or elected, the ballot card, its columns,
27    and the ballot card envelope shall be of a  color  designated
28    by the election official in charge of the election.
29        The ballot cards, ballot card envelopes and ballot sheets
30    may,  at the discretion of the election authority, be printed
31    on white paper and then striped with the appropriate colors.
32        When ballot sheets are used, the various portions thereof
33    shall be arranged to conform to the foregoing format.
34        Absentee ballots may consist of ballot cards,  envelopes,
                            -32-               LRB9001189MWpc
 1    paper  ballots or ballot sheets voted in person in the office
 2    of the election official in charge of the election  or  voted
 3    by  mail.   Where a ballot card is used for voting by mail it
 4    must be accompanied by a punching tool or  other  appropriate
 5    marking  device,  voter  instructions  and  a specimen ballot
 6    showing the proper positions to vote on the  ballot  card  or
 7    ballot  sheet  for  each  party,  candidate, proposal, public
 8    measure or proposition, and in the case of a ballot card must
 9    be mounted on a suitable material to receive the punched  out
10    chip.
11        Ballots  for use in nonpartisan elections conducted under
12    Article 19A may consist of  ballot  cards,  envelopes,  paper
13    ballots,  or  ballot sheets.  Where a ballot card is used for
14    voting by mail it must be accompanied by a punching  tool  or
15    other  appropriate  marking device, voter instructions, and a
16    specimen ballot showing the proper positions to vote  on  the
17    ballot  card  or  ballot  sheet for each candidate, proposal,
18    public measure, or proposition, and in the case of  a  ballot
19    card  must  be  mounted on a suitable material to receive the
20    punched out chip.
21        Any voter who spoils his ballot or  makes  an  error  may
22    return  the  ballot  to  the  judges  of  election and secure
23    another.    However,  the  protruding  identifying  tab   for
24    proposals  for  a constitutional convention or constitutional
25    amendments  shall  have   printed   thereon   "Constitutional
26    Ballot",  and  the  ballot  label  page  or  pages  for  such
27    proposals shall precede the ballot label pages for candidates
28    in the ballot label booklet.
29    (Source: P.A. 86-873.)
30        (10 ILCS 5/24B-6)
31        Sec.  24B-6.  Ballot Information; Arrangement; Electronic
32    Precinct Tabulation Optical Scan  Technology  Voting  System;
33    Absentee  Ballots;  Spoiled Ballots.  The ballot information,
                            -33-               LRB9001189MWpc
 1    shall, as far as practicable, be in the order of  arrangement
 2    provided  for  paper ballots, except that the information may
 3    be in vertical or horizontal rows, or on a number of separate
 4    pages.  Ballots for all questions or propositions to be voted
 5    on should be  provided  in  a  similar  manner  and  must  be
 6    arranged  on the ballot sheet in the places provided for such
 7    purposes.  Ballots shall be of white  paper  unless  provided
 8    otherwise  by  administrative  rule  of  the  State  Board of
 9    Elections or otherwise specified.
10        All  propositions,   including   but   not   limited   to
11    propositions   calling   for   a  constitutional  convention,
12    constitutional  amendment,  judicial  retention,  and  public
13    measures to  be  voted  upon  shall  be  placed  on  separate
14    portions  of  the  ballot  sheet by utilizing borders or grey
15    screens.  Candidates shall be listed on a separate portion of
16    the ballot sheet by utilizing borders or grey screens.  Below
17    the name of the last candidate listed for an office shall  be
18    printed  a  line or lines on which the name of a candidate or
19    candidates may be written by the voter, and proximate to such
20    lines an area shall be provided for  marking  votes  for  the
21    write-in  candidate  or  candidates.  The  number of write-in
22    lines for an office shall equal the number of candidates  for
23    which  a  voter  may  vote.   More  than one amendment to the
24    constitution may be placed on the same portion of the  ballot
25    sheet.  Constitutional convention or constitutional amendment
26    propositions shall be printed on a separate  portion  of  the
27    ballot  sheet  and  designated  by  borders  or grey screens,
28    unless otherwise provided by administrative rule of the State
29    Board  of  Elections.    More  than  one  public  measure  or
30    proposition may be placed on the same portion of  the  ballot
31    sheet.   More than one proposition for retention of judges in
32    office may be placed on the same portion of the ballot sheet.
33    Names  of  candidates  shall  be  printed  in   black.    The
34    designation  of  the  political  parties  for  straight party
                            -34-               LRB9001189MWpc
 1    voting shall be in a special section of the ballot, except no
 2    means by which a voter can cast a straight party  vote  shall
 3    be  necessary  for  any  special  election not conducted on a
 4    regularly scheduled election day and  called  for  filling  a
 5    vacancy  in the office of representative in the United States
 6    Congress.  The party affiliation of  each  candidate  or  the
 7    word "independent" shall appear near or under the candidate's
 8    name,  and  the names of candidates for the same office shall
 9    be listed vertically under the title of that office.  In  the
10    case  of  nonpartisan  elections  for  officers  of political
11    subdivisions, unless the  statute  or  an  ordinance  adopted
12    pursuant   to   Article  VII  of  the  Constitution  requires
13    otherwise, the listing of nonpartisan  candidates  shall  not
14    include  any  party  or  "independent" designation.  Judicial
15    retention ballots shall be  designated  by  borders  or  grey
16    screens.    Ballots   for   all  public  measures  and  other
17    propositions shall be designated by borders or grey  screens.
18    In  primary  elections,  a separate ballot, shall be used for
19    each political party  holding  a  primary,  with  the  ballot
20    arranged  to include names of the candidates of the party and
21    public measures and other propositions to be  voted  upon  on
22    the day of the primary election.
23        If  the  ballot  includes  both candidates for office and
24    public measures or propositions to be voted on, the  election
25    official in charge of the election shall divide the ballot in
26    sections  for  "Candidates"  and  "Propositions", or separate
27    ballots may be used.
28        Absentee ballots may consist of envelopes, paper  ballots
29    or  ballot  sheets  voted  in  person  in  the  office of the
30    election official in charge of the election or voted by mail.
31    Where a Precinct Tabulation Optical Scan Technology ballot is
32    used for voting by mail  it  must  be  accompanied  by  voter
33    instructions.
34        Ballots  for use in nonpartisan elections conducted under
                            -35-               LRB9001189MWpc
 1    Article 19A may  consist  of  envelopes,  paper  ballots,  or
 2    ballot  sheets.   Where  a  Precinct  Tabulation Optical Scan
 3    Technology ballot is used for  voting  by  mail  it  must  be
 4    accompanied by voter instructions.
 5        Any  voter  who spoils his or her ballot, makes an error,
 6    or  has  a  ballot  returned  by  the  automatic   tabulating
 7    equipment may return the ballot to the judges of election and
 8    get another ballot.
 9    (Source: P.A. 89-394, eff. 1-1-97.)
10        Section  10.  The State Mandates Act is amended by adding
11    Section 8.21 as follows:
12        (30 ILCS 805/8.21 new)
13        Sec. 8.21. Exempt mandate.   Notwithstanding  Sections  6
14    and  8 of this Act, no reimbursement by the State is required
15    for  the  implementation  of  any  mandate  created  by  this
16    amendatory Act of 1997.
17        Section 99.  Effective date.  This Act takes effect  upon
18    becoming law.
                            -36-               LRB9001189MWpc
 1                                INDEX
 2               Statutes amended in order of appearance
 3    10 ILCS 5/4-11            from Ch. 46, par. 4-11
 4    10 ILCS 5/11-7            from Ch. 46, par. 11-7
 5    10 ILCS 5/12-1            from Ch. 46, par. 12-1
 6    10 ILCS 5/12-4            from Ch. 46, par. 12-4
 7    10 ILCS 5/13-1            from Ch. 46, par. 13-1
 8    10 ILCS 5/13-2            from Ch. 46, par. 13-2
 9    10 ILCS 5/14-1            from Ch. 46, par. 14-1
10    10 ILCS 5/14-3.1          from Ch. 46, par. 14-3.1
11    10 ILCS 5/16-5            from Ch. 46, par. 16-5
12    10 ILCS 5/17-1            from Ch. 46, par. 17-1
13    10 ILCS 5/19-2.1          from Ch. 46, par. 19-2.1
14    10 ILCS 5/Art.19A heading new
15    10 ILCS 5/19A-5 new
16    10 ILCS 5/19A-10 new
17    10 ILCS 5/19A-15 new
18    10 ILCS 5/19A-20 new
19    10 ILCS 5/19A-25 new
20    10 ILCS 5/19A-30 new
21    10 ILCS 5/19A-35 new
22    10 ILCS 5/19A-40 new
23    10 ILCS 5/19A-45 new
24    10 ILCS 5/19A-50 new
25    10 ILCS 5/19A-55
26    10 ILCS 5/24A-6           from Ch. 46, par. 24A-6
27    10 ILCS 5/24B-6
28    30 ILCS 805/8.21 new

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