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91_SB0938eng
SB938 Engrossed SRS91S0028PMch
1 AN ACT concerning general primary elections, amending
2 named Acts.
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 2A-1.1, 2A-1.2, 4-22, 5-29, 6-66, 7-8, 7-11, 7-14,
7 7-56, 7-60, 7-61, 7-63, 8-4, 8-5, 10-14, 13-1, 13-2, 14-3.1,
8 16-5.01, 19-2, and 19-4 as follows:
9 (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
10 Sec. 2A-1.1. All Elections - Consolidated Schedule. (a)
11 In even-numbered years, the general election shall be held on
12 the first Tuesday after the first Monday of November; and an
13 election to be known as the general primary election shall be
14 held on the second third Tuesday in September; and in
15 presidential election years, an election to be known as the
16 presidential primary election shall be held on the third
17 Tuesday in March March;
18 (b) In odd-numbered years, an election to be known as
19 the consolidated election shall be held on the first Tuesday
20 in April except as provided in Section 2A-1.1a of this Act;
21 and an election to be known as the consolidated primary
22 election shall be held on the last Tuesday in February.
23 (Source: P.A. 90-358, eff. 1-1-98.)
24 (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
25 Sec. 2A-1.2. Consolidated Schedule of Elections -
26 Offices Designated.
27 (a) At the general election in the appropriate
28 even-numbered years, the following offices shall be filled or
29 shall be on the ballot as otherwise required by this Code:
30 (1) Elector of President and Vice President of the
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1 United States;
2 (2) United States Senator and United States
3 Representative;
4 (3) State Executive Branch elected officers;
5 (4) State Senator and State Representative;
6 (5) County elected officers, including State's
7 Attorney, County Board member, County Commissioners, and
8 elected President of the County Board or County Chief
9 Executive;
10 (6) Circuit Court Clerk;
11 (7) Regional Superintendent of Schools, except in
12 counties or educational service regions in which that
13 office has been abolished;
14 (8) Judges of the Supreme, Appellate and Circuit
15 Courts, on the question of retention, to fill vacancies
16 and newly created judicial offices;
17 (9) (Blank);
18 (10) Trustee of the Metropolitan Sanitary District
19 of Chicago, and elected Trustee of other Sanitary
20 Districts;
21 (11) Special District elected officers, not
22 otherwise designated in this Section, where the statute
23 creating or authorizing the creation of the district
24 requires an annual election and permits or requires
25 election of candidates of political parties.
26 (b) At the general primary election:
27 (1) in each even-numbered year candidates of
28 political parties shall be nominated for those offices to
29 be filled at the general election in that year, except
30 where pursuant to law nomination of candidates of
31 political parties is made by caucus.
32 (2) in the appropriate even-numbered years the
33 political party offices of State central committeeman,
34 township committeeman, ward committeeman, and precinct
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1 committeeman shall be filled and delegates and alternate
2 delegates to the National nominating conventions shall be
3 elected as may be required pursuant to this Code. In the
4 even-numbered years in which a Presidential election is
5 to be held, candidates in the Presidential preference
6 primary shall also be on the ballot.
7 (3) in each even-numbered year, where the
8 municipality has provided for annual elections to elect
9 municipal officers pursuant to Section 6(f) or Section 7
10 of Article VII of the Constitution, pursuant to the
11 Illinois Municipal Code or pursuant to the municipal
12 charter, the offices of such municipal officers shall be
13 filled at an election held on the date of the general
14 primary election, provided that the municipal election
15 shall be a nonpartisan election where required by the
16 Illinois Municipal Code. For partisan municipal
17 elections in even-numbered years, a primary to nominate
18 candidates for municipal office to be elected at the
19 general primary election shall be held on the Tuesday 6
20 weeks preceding that election.
21 (4) in each school district which has adopted the
22 provisions of Article 33 of the School Code, successors
23 to the members of the board of education whose terms
24 expire in the year in which the general primary is held
25 shall be elected.
26 (b-5) At the presidential primary election in
27 appropriate even-numbered years, delegates and alternate
28 delegates to the National nominating convention shall be
29 elected as may be required under this Code. In the
30 even-numbered years in which a Presidential election is to be
31 held, candidates in the Presidential preference primary shall
32 also be on the ballot.
33 (c) At the consolidated election in the appropriate
34 odd-numbered years, the following offices shall be filled:
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1 (1) Municipal officers, provided that in
2 municipalities in which candidates for alderman or other
3 municipal office are not permitted by law to be
4 candidates of political parties, the runoff election
5 where required by law, or the nonpartisan election where
6 required by law, shall be held on the date of the
7 consolidated election; and provided further, in the case
8 of municipal officers provided for by an ordinance
9 providing the form of government of the municipality
10 pursuant to Section 7 of Article VII of the Constitution,
11 such offices shall be filled by election or by runoff
12 election as may be provided by such ordinance;
13 (2) Village and incorporated town library
14 directors;
15 (3) City boards of stadium commissioners;
16 (4) Commissioners of park districts;
17 (5) Trustees of public library districts;
18 (6) Special District elected officers, not
19 otherwise designated in this section, where the statute
20 creating or authorizing the creation of the district
21 permits or requires election of candidates of political
22 parties;
23 (7) Township officers, including township park
24 commissioners, township library directors, and boards of
25 managers of community buildings, and Multi-Township
26 Assessors;
27 (8) Highway commissioners and road district clerks;
28 (9) Members of school boards in school districts
29 which adopt Article 33 of the School Code;
30 (10) The directors and chairman of the Chain O
31 Lakes - Fox River Waterway Management Agency;
32 (11) Forest preserve district commissioners elected
33 under Section 3.5 of the Downstate Forest Preserve
34 District Act;
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1 (12) Elected members of school boards, school
2 trustees, directors of boards of school directors,
3 trustees of county boards of school trustees (except in
4 counties or educational service regions having a
5 population of 2,000,000 or more inhabitants) and members
6 of boards of school inspectors, except school boards in
7 school districts that adopt Article 33 of the School
8 Code;
9 (13) Members of Community College district boards;
10 (14) Trustees of Fire Protection Districts;
11 (15) Commissioners of the Springfield Metropolitan
12 Exposition and Auditorium Authority;
13 (16) Elected Trustees of Tuberculosis Sanitarium
14 Districts;
15 (17) Elected Officers of special districts not
16 otherwise designated in this Section for which the law
17 governing those districts does not permit candidates of
18 political parties.
19 (d) At the consolidated primary election in each
20 odd-numbered year, candidates of political parties shall be
21 nominated for those offices to be filled at the consolidated
22 election in that year, except where pursuant to law
23 nomination of candidates of political parties is made by
24 caucus, and except those offices listed in paragraphs (12)
25 through (17) of subsection (c).
26 At the consolidated primary election in the appropriate
27 odd-numbered years, the mayor, clerk, treasurer, and aldermen
28 shall be elected in municipalities in which candidates for
29 mayor, clerk, treasurer, or alderman are not permitted by law
30 to be candidates of political parties, subject to runoff
31 elections to be held at the consolidated election as may be
32 required by law, and municipal officers shall be nominated in
33 a nonpartisan election in municipalities in which pursuant to
34 law candidates for such office are not permitted to be
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1 candidates of political parties.
2 At the consolidated primary election in the appropriate
3 odd-numbered years, municipal officers shall be nominated or
4 elected, or elected subject to a runoff, as may be provided
5 by an ordinance providing a form of government of the
6 municipality pursuant to Section 7 of Article VII of the
7 Constitution.
8 (e) (Blank).
9 (f) At any election established in Section 2A-1.1,
10 public questions may be submitted to voters pursuant to this
11 Code and any special election otherwise required or
12 authorized by law or by court order may be conducted pursuant
13 to this Code.
14 Notwithstanding the regular dates for election of
15 officers established in this Article, whenever a referendum
16 is held for the establishment of a political subdivision
17 whose officers are to be elected, the initial officers shall
18 be elected at the election at which such referendum is held
19 if otherwise so provided by law. In such cases, the election
20 of the initial officers shall be subject to the referendum.
21 Notwithstanding the regular dates for election of
22 officials established in this Article, any community college
23 district which becomes effective by operation of law pursuant
24 to Section 6-6.1 of the Public Community College Act, as now
25 or hereafter amended, shall elect the initial district board
26 members at the next regularly scheduled election following
27 the effective date of the new district.
28 (g) At any election established in Section 2A-1.1, if in
29 any precinct there are no offices or public questions
30 required to be on the ballot under this Code then no election
31 shall be held in the precinct on that date.
32 (h) There may be conducted a referendum in accordance
33 with the provisions of Division 6-4 of the Counties Code.
34 (Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
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1 eff. 8-9-96; 90-358, eff. 1-1-98.)
2 (10 ILCS 5/4-22) (from Ch. 46, par. 4-22)
3 Sec. 4-22. Except as otherwise provided in this Section
4 upon application to vote each registered elector shall sign
5 his name or make his mark as the case may be, on a
6 certificate substantially as follows:
7 CERTIFICATE OF REGISTERED VOTER
8 City of ....... Ward ....... Precinct .......
9 Election ....... (Date) ....... (Month) ....... (Year)
10 Registration Record .......
11 Checked by .......
12 Voter's number ....
13 INSTRUCTION TO VOTERS
14 Sign this certificate and hand it to the election officer
15 in charge. After the registration record has been checked,
16 the officer will hand it back to you. Whereupon you shall
17 present it to the officer in charge of the ballots.
18 I hereby certify that I am registered from the address
19 below and am qualified to vote.
20 Signature of voter .......
21 residence address .......
22 An individual shall not be required to provide his social
23 security number when applying for a ballot. He shall not be
24 denied a ballot, nor shall his ballot be challenged, solely
25 because of his refusal to provide his social security number.
26 Nothing in this Act prevents an individual from being
27 requested to provide his social security number when the
28 individual applies for a ballot. If, however, the certificate
29 contains a space for the individual's social security number,
30 the following notice shall appear on the certificate,
31 immediately above such space, in bold-face capital letters,
32 in type the size of which equals the largest type on the
33 certificate:
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1 "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT
2 IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY
3 NUMBER. HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS
4 OR HER BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER
5 REFUSAL TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER."
6 The certificates of each State-wide political party at a
7 general primary election shall be separately printed upon
8 paper of uniform quality, texture and size, but the
9 certificates of no 2 State-wide political parties shall be of
10 the same color or tint. However, if the election authority
11 provides computer generated applications with the precinct,
12 ballot style and voter's name and address preprinted on the
13 application, a single application may be used for State-wide
14 political parties if it contains spaces or check-off boxes to
15 indicate the political party. Such application shall not
16 entitle the voter to vote in the primary of more than one
17 political party at the same election.
18 At the consolidated primary, such certificates may
19 contain spaces or checkoff boxes permitting the voter to
20 request a primary ballot of any other political party which
21 is established only within a political subdivision and for
22 which a primary is conducted on the same election day. Such
23 application shall not entitle the voter to vote in both the
24 primary of the State-wide political party and the primary of
25 the local political party with respect to the offices of the
26 same political subdivision. In no event may a voter vote in
27 more than one State-wide primary on the same day.
28 The judges in charge of the precinct registration files
29 shall compare the signature upon such certificate with the
30 signature on the registration record card as a means of
31 identifying the voter. Unless satisfied by such comparison
32 that the applicant to vote is the identical person who is
33 registered under the same name, the judges shall ask such
34 applicant the questions for identification which appear on
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1 the registration card, and if the applicant does not prove to
2 the satisfaction of a majority of the judges of the election
3 precinct that he is the identical person registered under the
4 name in question then the vote of such applicant shall be
5 challenged by a judge of election, and the same procedure
6 followed as provided by law for challenged voters.
7 In case the elector is unable to sign his name, a judge
8 of election shall check the data on the registration card and
9 shall check the address given, with the registered address,
10 in order to determine whether he is entitled to vote.
11 One of the judges of election shall check the certificate
12 of each applicant for a ballot after the registration record
13 has been examined, and shall sign his initials on the
14 certificate in the space provided therefor, and shall enter
15 upon such certificate the number of the voter in the place
16 provided therefor, and make an entry in the voting record
17 space on the registration record, to indicate whether or not
18 the applicant voted. Such judge shall then hand such
19 certificate back to the applicant in case he is permitted to
20 vote, and such applicant shall hand it to the judge of
21 election in charge of the ballots. The certificates of the
22 voters shall be filed in the order in which they are received
23 and shall constitute an official poll record. The term "poll
24 lists" and "poll books", where used in this Article, shall be
25 construed to apply to such official poll record.
26 After each general primary election the county clerk
27 shall indicate by color code or other means next to the name
28 of each registrant on the list of registered voters in each
29 precinct the primary ballot of a political party that the
30 registrant requested at that general primary election. The
31 county clerk, within 30 60 days after the general primary
32 election, shall provide a copy of this coded list to the
33 chairman of the county central committee of each established
34 political party or to the chairman's duly authorized
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1 representative.
2 Within 60 days after the effective date of this
3 amendatory Act of 1983, the county clerk shall provide to the
4 chairman of the county central committee of each established
5 political party or to the chairman's duly authorized
6 representative the list of registered voters in each precinct
7 at the time of the general primary election of 1982 and shall
8 indicate on such list by color code or other means next to
9 the name of a registrant the primary ballot of a political
10 party that the registrant requested at the general primary
11 election of 1982.
12 The county clerk may charge a fee to reimburse the actual
13 cost of duplicating each copy of a list provided under
14 either of the 2 preceding paragraphs.
15 Where an elector makes application to vote by signing and
16 presenting the certificate provided by this Section, and his
17 registration record card is not found in the precinct
18 registry of voters, but his name appears as that of a
19 registered voter in such precinct upon the printed precinct
20 register as corrected or revised by the supplemental list, or
21 upon the consolidated list, if any, and whose name has not
22 been erased or withdrawn from such register, the printed
23 precinct register as corrected or revised by the supplemental
24 list, or consolidated list, if any, shall be prima facie
25 evidence of the elector's right to vote upon compliance with
26 the provisions hereinafter set forth in this Section. In
27 such event one of the judges of election shall require an
28 affidavit by such person and one voter residing in the
29 precinct before the judges of election, substantially in the
30 form prescribed in Section 17-10 of this Act, and upon the
31 presentation of such affidavits, a certificate shall be
32 issued to such elector, and upon the presentation of such
33 certificate and affidavits, he shall be entitled to vote.
34 Provided, however, that applications for ballots made by
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1 registered voters under the provisions of Article 19 of this
2 Act shall be accepted by the Judges of Election in lieu of
3 the "Certificate of Registered Voter" provided for in this
4 Section.
5 When the county clerk delivers to the judges of election
6 for use at the polls a supplemental or consolidated list of
7 the printed precinct register, he shall give a copy of the
8 supplemental or consolidated list to the chairman of a county
9 central committee of an established political party or to the
10 chairman's duly authorized representative.
11 Whenever 2 or more elections occur simultaneously, the
12 election authority charged with the duty of providing
13 application certificates may prescribe the form thereof so
14 that a voter is required to execute only one, indicating in
15 which of the elections he desires to vote.
16 After the signature has been verified, the judges shall
17 determine in which political subdivisions the voter resides
18 by use of the information contained on the voter registration
19 cards or the separate registration lists or other means
20 approved by the State Board of Elections and prepared and
21 supplied by the election authority. The voter's certificate
22 shall be so marked by the judges as to show the respective
23 ballots which the voter is given.
24 (Source: P.A. 84-809.)
25 (10 ILCS 5/5-29) (from Ch. 46, par. 5-29)
26 Sec. 5-29. Upon application to vote, except as
27 hereinafter provided for absent electors, each registered
28 elector shall sign his name or make his mark as the case may
29 be, on a certificate substantially as follows:
30 "Certificate of Registered Voter
31 Town of................District or Precinct Number..........;
32 City of................Ward...............Precinct..........;
33 Village of................................Precinct..........;
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1 Election.....................................................
2 (date) (month) (year)
3 Registration record
4 Checked by.....................
5 Voter's number..................
6 Instruction to voters
7 Sign this certificate and hand it to the election officer
8 in charge. After the registration record has been checked,
9 the officer will hand it back to you. Whereupon you shall
10 present it to the officer in charge of the ballots.
11 I hereby certify that I am registered from the address
12 below and am qualified to vote.
13 Signature of voter ...............
14 Residence address ..............."
15 An individual shall not be required to provide his social
16 security number when applying for a ballot. He shall not be
17 denied a ballot, nor shall his ballot be challenged, solely
18 because of his refusal to provide his social security number.
19 Nothing in this Act prevents an individual from being
20 requested to provide his social security number when the
21 individual applies for a ballot. If, however, the certificate
22 contains a space for the individual's social security number,
23 the following notice shall appear on the certificate,
24 immediately above such space, in bold-face capital letters,
25 in type the size of which equals the largest type on the
26 certificate:
27 "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT
28 IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY
29 NUMBER. HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS
30 OR HER BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER
31 REFUSAL TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER."
32 Certificates as above prescribed shall be furnished by
33 the county clerk for all elections.
34 The Judges in charge of the precinct registration files
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1 shall compare the signature upon such certificate with the
2 signature on the registration record card as a means of
3 identifying the voter. Unless satisfied by such comparison
4 that the applicant to vote is the identical person who is
5 registered under the same name, the Judges shall ask such
6 applicant the questions for identification which appear on
7 the registration card and if the applicant does not prove to
8 the satisfaction of a majority of the judges of the election
9 precinct that he is the identical person registered under the
10 name in question then the vote for such applicant shall be
11 challenged by a Judge of Election, and the same procedure
12 followed as provided by law for challenged voters.
13 In case the elector is unable to sign his name, a Judge
14 of Election shall check the data on the registration card and
15 shall check the address given, with the registered address,
16 in order to determine whether he is entitled to vote.
17 One of the Judges of election shall check the certificate
18 of each applicant for a ballot after the registration record
19 has been examined and shall sign his initials on the
20 certificate in the space provided therefor, and shall enter
21 upon such certificate the number of the voter in the place
22 provided therefor, and make an entry in the voting record
23 space on the registration record, to indicate whether or not
24 the applicant voted. Such judge shall then hand such
25 certificate back to the applicant in case he is permitted to
26 vote, and such applicant shall hand it to the judge of
27 election in charge of the ballots. The certificates of the
28 voters shall be filed in the order in which they are received
29 and shall constitute an official poll record. The term "Poll
30 Lists" and "Poll Books" where used in this article 5 shall be
31 construed to apply to such official poll records.
32 After each general primary election the county clerk
33 shall indicate by color code or other means next to the name
34 of each registrant on the list of registered voters in each
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1 precinct the primary ballot of a political party that the
2 registrant requested at that general primary election. The
3 county clerk, within 30 60 days after the general primary
4 election, shall provide a copy of this coded list to the
5 chairman of the county central committee of each established
6 political party or to the chairman's duly authorized
7 representative.
8 Within 60 days after the effective date of this
9 amendatory Act of 1983, the county clerk shall provide to the
10 chairman of the county central committee of each established
11 political party or to the chairman's duly authorized
12 representative the list of registered voters in each precinct
13 at the time of the general primary election of 1982 and shall
14 indicate on such list by color code or other means next to
15 the name of a registrant the primary ballot of a political
16 party that the registrant requested at the general primary
17 election of 1982.
18 The county clerk may charge a fee to reimburse the actual
19 cost of duplicating each copy of a list provided under either
20 of the 2 preceding paragraphs.
21 Where an elector makes application to vote by signing and
22 presenting the certificate provided by this Section, and his
23 registration record card is not found in the precinct
24 registry of voters, but his name appears as that of a
25 registered voter in such precinct upon the printed precinct
26 list of voters and whose name has not been erased or
27 withdrawn from such register, it shall be the duty of one of
28 the Judges of Election to require an affidavit by such person
29 and two voters residing in the precinct before the judges of
30 election that he is the same person whose name appears upon
31 the precinct register and that he resides in the precinct
32 stating the street number of his residence. Forms for such
33 affidavit shall be supplied by the county clerk for all
34 elections. Upon the making of such affidavit and the
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1 presentation of his certificate such elector shall be
2 entitled to vote. All affidavits made under this paragraph
3 shall be preserved and returned to the county clerk in an
4 envelope. It shall be the duty of the county clerk within 30
5 days after such election to take steps provided by Section
6 5-27 of this article 5 for the execution of new registration
7 affidavits by electors who have voted under the provisions of
8 this paragraph.
9 Provided, however, that the applications for ballots made
10 by registered voters and under the provisions of article 19
11 of this act shall be accepted by the Judges of Election in
12 lieu of the "certificate of registered voter" provided for in
13 this section.
14 When the county clerk delivers to the judges of election
15 for use at the polls a supplemental or consolidated list of
16 the printed precinct register, he shall give a copy of the
17 supplemental or consolidated list to the chairman of a county
18 central committee of an established political party or to the
19 chairman's duly authorized representative.
20 Whenever two or more elections occur simultaneously, the
21 election authority charged with the duty of providing
22 application certificates may prescribe the form thereof so
23 that a voter is required to execute only one, indicating in
24 which of the elections he desires to vote.
25 After the signature has been verified, the judges shall
26 determine in which political subdivisions the voter resides
27 by use of the information contained on the voter registration
28 cards or the separate registration lists or other means
29 approved by the State Board of Elections and prepared and
30 supplied by the election authority. The voter's certificate
31 shall be so marked by the judges as to show the respective
32 ballots which the voter is given.
33 (Source: P.A. 84-809; 84-832.)
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1 (10 ILCS 5/6-66) (from Ch. 46, par. 6-66)
2 Sec. 6-66. Upon application to vote each registered
3 elector shall sign his name or make his mark as the case may
4 be, on a certificate substantially as follows:
5 "CERTIFICATE OF REGISTERED VOTER
6 City of ................. Ward .... Precinct ....
7 Election ...............(Date).......(Month)...........(Year)
8 Registration Record ....... Checked by ...............
9 Voter's number ....
10 INSTRUCTION TO VOTERS
11 Sign this certificate and hand it to the election
12 officers in charge. After the registration record has been
13 checked, the officer will hand it back to you. Whereupon you
14 shall present it to the officer in charge of the ballots.
15 I hereby certify that I am registered from the address
16 below and am qualified to vote.
17 Signature of voter ................
18 Residence address ................"
19 An individual shall not be required to provide his social
20 security number when applying for a ballot. He shall not be
21 denied a ballot, nor shall his ballot be challenged, solely
22 because of his refusal to provide his social security number.
23 Nothing in this Act prevents an individual from being
24 requested to provide his social security number when the
25 individual applies for a ballot. If, however, the certificate
26 contains a space for the individual's social security number,
27 the following notice shall appear on the certificate,
28 immediately above such space, in bold-face capital letters,
29 in type the size of which equals the largest type on the
30 certificate:
31 "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT
32 IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY
33 NUMBER. HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS
34 OR HER BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER
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1 REFUSAL TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER."
2 The applications of each State-wide political party at a
3 primary election shall be separately printed upon paper of
4 uniform quality, texture and size, but the applications of no
5 2 State-wide political parties shall be of the same color or
6 tint. If the election authority provides computer generated
7 applications with the precinct, ballot style, and voter's
8 name and address preprinted on the application, a single
9 application may be used for State-wide political parties if
10 it contains spaces or check-off boxes to indicate the
11 political party. Such applications may contain spaces or
12 check-off boxes permitting the voter to also request a
13 primary ballot of any political party which is established
14 only within a political subdivision and for which a primary
15 is conducted on the same election day. Such applications
16 shall not entitle the voter to vote in both the primary of a
17 State-wide political party and the primary of a local
18 political party with respect to the offices of the same
19 political subdivision or to vote in the primary of more than
20 one State-wide political party on the same day.
21 The judges in charge of the precinct registration files
22 shall compare the signature upon such certificate with the
23 signature on the registration record card as a means of
24 identifying the voter. Unless satisfied by such comparison
25 that the applicant to vote is the identical person who is
26 registered under the same name, the judges shall ask such
27 applicant the questions for identification which appear on
28 the registration card, and if the applicant does not prove to
29 the satisfaction of a majority of the judges of the election
30 precinct that he is the identical person registered under the
31 name in question then the vote of such applicant shall be
32 challenged by a judge of election, and the same procedure
33 followed as provided in this Article and Act for challenged
34 voters.
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1 In case the elector is unable to sign his name, a judge
2 of election shall check the data on the registration card and
3 shall check the address given, with the registered address,
4 in order to determine whether he is entitled to vote.
5 One of the judges of election shall check the certificate
6 of such applicant for a ballot after the registration record
7 has been examined, and shall sign his initials on the
8 certificate in the space provided therefor, and shall enter
9 upon such certificate the number of the voter in the place
10 provided therefor, and make an entry in the voting record
11 space on the registration record, to indicate whether or not
12 the applicant voted. Such judge shall then hand such
13 certificate back to the applicant in case he is permitted to
14 vote, and such applicant shall hand it to the judge of
15 election in charge of the ballots. The certificates of the
16 voters shall be filed in the order in which they are received
17 and shall constitute an official poll record. The terms "poll
18 lists" and "poll books", where used in this Article and Act,
19 shall be construed to apply to such official poll record.
20 After each general primary election the board of election
21 commissioners shall indicate by color code or other means
22 next to the name of each registrant on the list of registered
23 voters in each precinct the primary ballot of a political
24 party that the registrant requested at the general primary
25 election. The board of election commissioners, within 30 60
26 days after that general primary election, shall provide a
27 copy of this coded list to the chairman of the county central
28 committee of each established political party or to the
29 chairman's duly authorized representative.
30 Within 60 days after the effective date of this
31 amendatory Act of 1983, the board of election commissioners
32 shall provide to the chairman of the county central committee
33 of each established political party or to the chairman's duly
34 authorized representative the list of registered voters in
SB938 Engrossed -19- SRS91S0028PMch
1 each precinct at the time of the general primary election of
2 1982 and shall indicate on such list by color code or other
3 means next to the name of a registrant the primary ballot of
4 a political party that the registrant requested at the
5 general primary election of 1982.
6 The board of election commissioners may charge a fee to
7 reimburse the actual cost of duplicating each copy of a list
8 provided under either of the 2 preceding paragraphs.
9 Where an elector makes application to vote by signing and
10 presenting the certificate provided by this Section, and his
11 registration card is not found in the precinct registry of
12 voters, but his name appears as that of a registered voter in
13 such precinct upon the printed precinct register as corrected
14 or revised by the supplemental list, or upon the consolidated
15 list, if any provided by this Article and whose name has not
16 been erased or withdrawn from such register, the printed
17 precinct register as corrected or revised by the supplemental
18 list, or consolidated list, if any, shall be prima facie
19 evidence of the elector's right to vote upon compliance with
20 the provisions hereinafter set forth in this Section. In such
21 event it shall be the duty of one of the judges of election
22 to require an affidavit by such person and 2 voters residing
23 in the precinct before the judges of election that he is the
24 same person whose name appears upon the printed precinct
25 register as corrected or revised by the supplemental list, or
26 consolidated list, if any, and that he resides in the
27 precinct, stating the street and number of his residence, and
28 upon the presentation of such affidavits, a certificate shall
29 be issued to such elector, and upon the presentation of such
30 certificate and affidavits, he shall be entitled to vote. Any
31 elector whose name does not appear as a registered voter on
32 the printed precinct register or supplemental list but who
33 has a certificate issued by the board of election
34 commissioners as provided in Section 6-43 of this Article,
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1 shall be entitled to vote upon the presentation of such
2 certificate accompanied by the affidavits of 2 voters
3 residing in the precinct that the elector is the same person
4 described in such certificate and that he resides in the
5 precinct, stating the street and number of his residence.
6 Forms for all affidavits required hereunder shall be supplied
7 by the board of election commissioners. All affidavits made
8 under this paragraph shall be preserved and returned to the
9 board of election commissioners in the manner provided by
10 this Article and Article 18 of this Act. It shall be the duty
11 of the board of election commissioners, within 30 days after
12 such election, to take the steps provided by Section 6-64 of
13 this Article for the execution of new registration affidavits
14 by electors who have voted under the provisions of this
15 paragraph.
16 When the board of election commissioners delivers to the
17 judges of election for use at the polls a supplemental or
18 consolidated list of the printed precinct register, it shall
19 give a copy of the supplemental or consolidated list to the
20 chairman of a county central committee of an established
21 political party or to the chairman's duly authorized
22 representative.
23 Whenever 2 or more elections occur simultaneously, the
24 election official or officials charged with the duty of
25 providing application certificates may prescribe the form
26 thereof so that a voter is required to execute only one,
27 indicating in which of the elections he desires to vote.
28 After the signature has been verified, the judges shall
29 determine in which political subdivisions the voter resides
30 by use of the information contained on the voter registration
31 cards or the separate registration lists or other means
32 approved by the State Board of Elections and prepared and
33 supplied by the election authority. The voter's certificate
34 shall be so marked by the judges as to show the respective
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1 ballots which the voter is given.
2 (Source: P.A. 84-809.)
3 (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
4 Sec. 7-8. The State central committee shall be composed
5 of one or two members from each congressional district in the
6 State and shall be elected as follows:
7 State Central Committee
8 (a) Within 30 days after the effective date of this
9 amendatory Act of 1983 the State central committee of each
10 political party shall certify to the State Board of Elections
11 which of the following alternatives it wishes to apply to the
12 State central committee of that party.
13 Alternative A. At the general primary held on the third
14 Tuesday in March 1970, and at the primary held every 4 years
15 thereafter, each primary elector may vote for one candidate
16 of his party for member of the State central committee for
17 the congressional district in which he resides. The
18 candidate receiving the highest number of votes shall be
19 declared elected State central committeeman from the
20 district. A political party may, in lieu of the foregoing, by
21 a majority vote of delegates at any State convention of such
22 party, determine to thereafter elect the State central
23 committeemen in the manner following:
24 At the county convention held by such political party
25 State central committeemen shall be elected in the same
26 manner as provided in this Article for the election of
27 officers of the county central committee, and such election
28 shall follow the election of officers of the county central
29 committee. Each elected ward, township or precinct
30 committeeman shall cast as his vote one vote for each ballot
31 voted in his ward, township, part of a township or precinct
32 in the last preceding primary election of his political
33 party. In the case of a county lying partially within one
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1 congressional district and partially within another
2 congressional district, each ward, township or precinct
3 committeeman shall vote only with respect to the
4 congressional district in which his ward, township, part of a
5 township or precinct is located. In the case of a
6 congressional district which encompasses more than one
7 county, each ward, township or precinct committeeman residing
8 within the congressional district shall cast as his vote one
9 vote for each ballot voted in his ward, township, part of a
10 township or precinct in the last preceding primary election
11 of his political party for one candidate of his party for
12 member of the State central committee for the congressional
13 district in which he resides and the Chairman of the county
14 central committee shall report the results of the election to
15 the State Board of Elections. The State Board of Elections
16 shall certify the candidate receiving the highest number of
17 votes elected State central committeeman for that
18 congressional district.
19 The State central committee shall adopt rules to provide
20 for and govern the procedures to be followed in the election
21 of members of the State central committee.
22 Alternative B. Each congressional committee shall,
23 within 30 days after the adoption of this alternative,
24 appoint a person of the sex opposite that of the incumbent
25 member for that congressional district to serve as an
26 additional member of the State central committee until his or
27 her successor is elected at the general primary election in
28 1986. Each congressional committee shall make this
29 appointment by voting on the basis set forth in paragraph (e)
30 of this Section. In each congressional district at the
31 general primary election held in 1986 and every 4 years
32 thereafter, the male candidate receiving the highest number
33 of votes of the party's male candidates for State central
34 committeeman, and the female candidate receiving the highest
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1 number of votes of the party's female candidates for State
2 central committeewoman, shall be declared elected State
3 central committeeman and State central committeewoman from
4 the district. At the general primary election held in 1986
5 and every 4 years thereafter, if all a party's candidates for
6 State central committeemen or State central committeewomen
7 from a congressional district are of the same sex, the
8 candidate receiving the highest number of votes shall be
9 declared elected a State central committeeman or State
10 central committeewoman from the district, and, because of a
11 failure to elect one male and one female to the committee, a
12 vacancy shall be declared to exist in the office of the
13 second member of the State central committee from the
14 district. This vacancy shall be filled by appointment by the
15 congressional committee of the political party, and the
16 person appointed to fill the vacancy shall be a resident of
17 the congressional district and of the sex opposite that of
18 the committeeman or committeewoman elected at the general
19 primary election. Each congressional committee shall make
20 this appointment by voting on the basis set forth in
21 paragraph (e) of this Section.
22 Under both of the foregoing alternatives, the State
23 central committee of each political party shall be composed
24 of members elected or appointed from the several
25 congressional districts of the State, and of no other person
26 or persons whomsoever. The members of the State central
27 committee shall, within 30 days after each quadrennial
28 election of the full committee, meet in the city of
29 Springfield and organize by electing from among their own
30 number a chairman, and may at such time elect such officers
31 from among their own number (or otherwise), as they may deem
32 necessary or expedient. The outgoing chairman of the State
33 central committee of the party shall, 10 days before the
34 meeting, notify each member of the State central committee
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1 elected at the primary of the time and place of such meeting.
2 In the organization and proceedings of the State central
3 committee, each State central committeeman and State central
4 committeewoman shall have one vote for each ballot voted in
5 his or her congressional district by the primary electors of
6 his or her party at the primary election immediately
7 preceding the meeting of the State central committee.
8 Whenever a vacancy occurs in the State central committee of
9 any political party, the vacancy shall be filled by
10 appointment of the chairmen of the county central committees
11 of the political party of the counties located within the
12 congressional district in which the vacancy occurs and, if
13 applicable, the ward and township committeemen of the
14 political party in counties of 2,000,000 or more inhabitants
15 located within the congressional district. If the
16 congressional district in which the vacancy occurs lies
17 wholly within a county of 2,000,000 or more inhabitants, the
18 ward and township committeemen of the political party in that
19 congressional district shall vote to fill the vacancy. In
20 voting to fill the vacancy, each chairman of a county central
21 committee and each ward and township committeeman in counties
22 of 2,000,000 or more inhabitants shall have one vote for each
23 ballot voted in each precinct of the congressional district
24 in which the vacancy exists of his or her county, township,
25 or ward cast by the primary electors of his or her party at
26 the primary election immediately preceding the meeting to
27 fill the vacancy in the State central committee. The person
28 appointed to fill the vacancy shall be a resident of the
29 congressional district in which the vacancy occurs, shall be
30 a qualified voter, and, in a committee composed as provided
31 in Alternative B, shall be of the same sex as his or her
32 predecessor. A political party may, by a majority vote of the
33 delegates of any State convention of such party, determine to
34 return to the election of State central committeeman and
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1 State central committeewoman by the vote of primary electors.
2 Any action taken by a political party at a State convention
3 in accordance with this Section shall be reported to the
4 State Board of Elections by the chairman and secretary of
5 such convention within 10 days after such action.
6 Ward, Township and Precinct Committeemen
7 (b) At the general primary held on the third Tuesday in
8 March, 1972, and every 4 years thereafter, each primary
9 elector in cities having a population of 200,000 or over may
10 vote for one candidate of his party in his ward for ward
11 committeeman. Each candidate for ward committeeman must be a
12 resident of and in the ward where he seeks to be elected ward
13 committeeman. The one having the highest number of votes
14 shall be such ward committeeman of such party for such ward.
15 At the general primary election held on the third Tuesday in
16 March, 1970, and every 4 years thereafter, each primary
17 elector in counties containing a population of 2,000,000 or
18 more, outside of cities containing a population of 200,000 or
19 more, may vote for one candidate of his party for township
20 committeeman. Each candidate for township committeeman must
21 be a resident of and in the township or part of a township
22 (which lies outside of a city having a population of 200,000
23 or more, in counties containing a population of 2,000,000 or
24 more), and in which township or part of a township he seeks
25 to be elected township committeeman. The one having the
26 highest number of votes shall be such township committeeman
27 of such party for such township or part of a township. At the
28 general primary election held on the third Tuesday in March,
29 1970 and every 2 years thereafter, each primary elector,
30 except in counties having a population of 2,000,000 or over,
31 may vote for one candidate of his party in his precinct for
32 precinct committeeman. Each candidate for precinct
33 committeeman must be a bona fide resident of the precinct
34 where he seeks to be elected precinct committeeman. The one
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1 having the highest number of votes shall be such precinct
2 committeeman of such party for such precinct. The official
3 returns of the primary shall show the name of the
4 committeeman of each political party.
5 Terms of Committeemen. All precinct committeemen elected
6 under the provisions of this Article shall continue as such
7 committeemen until the date of the primary to be held in the
8 second year after their election. Except as otherwise
9 provided in this Section for certain State central
10 committeemen who have 2 year terms, all State central
11 committeemen, township committeemen and ward committeemen
12 shall continue as such committeemen until the date of primary
13 to be held in the fourth year after their election. However,
14 a vacancy exists in the office of precinct committeeman when
15 a precinct committeeman ceases to reside in the precinct in
16 which he was elected and such precinct committeeman shall
17 thereafter neither have nor exercise any rights, powers or
18 duties as committeeman in that precinct, even if a successor
19 has not been elected or appointed.
20 (c) The Multi-Township Central Committee shall consist
21 of the precinct committeemen of such party, in the
22 multi-township assessing district formed pursuant to Section
23 2-10 of the Property Tax Code and shall be organized for the
24 purposes set forth in Section 45-25 of the Township Code. In
25 the organization and proceedings of the Multi-Township
26 Central Committee each precinct committeeman shall have one
27 vote for each ballot voted in his precinct by the primary
28 electors of his party at the primary at which he was elected.
29 County Central Committee
30 (d) The county central committee of each political party
31 in each county shall consist of the various township
32 committeemen, precinct committeemen and ward committeemen, if
33 any, of such party in the county. In the organization and
34 proceedings of the county central committee, each precinct
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1 committeeman shall have one vote for each ballot voted in his
2 precinct by the primary electors of his party at the primary
3 at which he was elected; each township committeeman shall
4 have one vote for each ballot voted in his township or part
5 of a township as the case may be by the primary electors of
6 his party at the primary election for the nomination of
7 candidates for election to the General Assembly immediately
8 preceding the meeting of the county central committee; and in
9 the organization and proceedings of the county central
10 committee, each ward committeeman shall have one vote for
11 each ballot voted in his ward by the primary electors of his
12 party at the primary election for the nomination of
13 candidates for election to the General Assembly immediately
14 preceding the meeting of the county central committee.
15 Congressional Committee
16 (e) The congressional committee of each party in each
17 congressional district shall be composed of the chairmen of
18 the county central committees of the counties composing the
19 congressional district, except that in congressional
20 districts wholly within the territorial limits of one county,
21 or partly within 2 or more counties, but not coterminous with
22 the county lines of all of such counties, the precinct
23 committeemen, township committeemen and ward committeemen, if
24 any, of the party representing the precincts within the
25 limits of the congressional district, shall compose the
26 congressional committee. A State central committeeman in each
27 district shall be a member and the chairman or, when a
28 district has 2 State central committeemen, a co-chairman of
29 the congressional committee, but shall not have the right to
30 vote except in case of a tie.
31 In the organization and proceedings of congressional
32 committees composed of precinct committeemen or township
33 committeemen or ward committeemen, or any combination
34 thereof, each precinct committeeman shall have one vote for
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1 each ballot voted in his precinct by the primary electors of
2 his party at the primary at which he was elected, each
3 township committeeman shall have one vote for each ballot
4 voted in his township or part of a township as the case may
5 be by the primary electors of his party at the primary
6 election immediately preceding the meeting of the
7 congressional committee, and each ward committeeman shall
8 have one vote for each ballot voted in each precinct of his
9 ward located in such congressional district by the primary
10 electors of his party at the primary election immediately
11 preceding the meeting of the congressional committee; and in
12 the organization and proceedings of congressional committees
13 composed of the chairmen of the county central committees of
14 the counties within such district, each chairman of such
15 county central committee shall have one vote for each ballot
16 voted in his county by the primary electors of his party at
17 the primary election immediately preceding the meeting of the
18 congressional committee.
19 Judicial District Committee
20 (f) The judicial district committee of each political
21 party in each judicial district shall be composed of the
22 chairman of the county central committees of the counties
23 composing the judicial district.
24 In the organization and proceedings of judicial district
25 committees composed of the chairmen of the county central
26 committees of the counties within such district, each
27 chairman of such county central committee shall have one vote
28 for each ballot voted in his county by the primary electors
29 of his party at the primary election immediately preceding
30 the meeting of the judicial district committee.
31 Circuit Court Committee
32 (g) The circuit court committee of each political party
33 in each judicial circuit outside Cook County shall be
34 composed of the chairmen of the county central committees of
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1 the counties composing the judicial circuit.
2 In the organization and proceedings of circuit court
3 committees, each chairman of a county central committee shall
4 have one vote for each ballot voted in his county by the
5 primary electors of his party at the primary election
6 immediately preceding the meeting of the circuit court
7 committee.
8 Judicial Subcircuit Committee
9 (g-1) The judicial subcircuit committee of each
10 political party in each judicial subcircuit in Cook County
11 shall be composed of the ward and township committeemen of
12 the townships and wards composing the judicial subcircuit.
13 In the organization and proceedings of each judicial
14 subcircuit committee, each township committeeman shall have
15 one vote for each ballot voted in his township or part of a
16 township, as the case may be, in the judicial subcircuit by
17 the primary electors of his party at the primary election
18 immediately preceding the meeting of the judicial subcircuit
19 committee; and each ward committeeman shall have one vote for
20 each ballot voted in his ward or part of a ward, as the case
21 may be, in the judicial subcircuit by the primary electors of
22 his party at the primary election immediately preceding the
23 meeting of the judicial subcircuit committee.
24 Municipal Central Committee
25 (h) The municipal central committee of each political
26 party shall be composed of the precinct, township or ward
27 committeemen, as the case may be, of such party representing
28 the precincts or wards, embraced in such city, incorporated
29 town or village. The voting strength of each precinct,
30 township or ward committeeman on the municipal central
31 committee shall be the same as his voting strength on the
32 county central committee.
33 For political parties, other than a statewide political
34 party, established only within a municipality or township,
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1 the municipal or township managing committee shall be
2 composed of the party officers of the local established
3 party. The party officers of a local established party shall
4 be as follows: the chairman and secretary of the caucus for
5 those municipalities and townships authorized by statute to
6 nominate candidates by caucus shall serve as party officers
7 for the purpose of filling vacancies in nomination under
8 Section 7-61; for municipalities and townships authorized by
9 statute or ordinance to nominate candidates by petition and
10 primary election, the party officers shall be the party's
11 candidates who are nominated at the primary. If no party
12 primary was held because of the provisions of Section 7-5,
13 vacancies in nomination shall be filled by the party's
14 remaining candidates who shall serve as the party's officers.
15 Powers
16 (i) Each committee and its officers shall have the
17 powers usually exercised by such committees and by the
18 officers thereof, not inconsistent with the provisions of
19 this Article. The several committees herein provided for
20 shall not have power to delegate any of their powers, or
21 functions to any other person, officer or committee, but this
22 shall not be construed to prevent a committee from appointing
23 from its own membership proper and necessary subcommittees.
24 (j) The State central committee of a political party
25 which elects it members by Alternative B under paragraph (a)
26 of this Section shall adopt a plan to give effect to the
27 delegate selection rules of the national political party and
28 file a copy of such plan with the State Board of Elections
29 when approved by a national political party.
30 (k) For the purpose of the designation of a proxy by a
31 Congressional Committee to vote in place of an absent State
32 central committeeman or committeewoman at meetings of the
33 State central committee of a political party which elects its
34 members by Alternative B under paragraph (a) of this Section,
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1 the proxy shall be appointed by the vote of the ward and
2 township committeemen, if any, of the wards and townships
3 which lie entirely or partially within the Congressional
4 District from which the absent State central committeeman or
5 committeewoman was elected and the vote of the chairmen of
6 the county central committees of those counties which lie
7 entirely or partially within that Congressional District and
8 in which there are no ward or township committeemen. When
9 voting for such proxy the county chairman, ward committeeman
10 or township committeeman, as the case may be shall have one
11 vote for each ballot voted in his county, ward or township,
12 or portion thereof within the Congressional District, by the
13 primary electors of his party at the primary at which he was
14 elected. However, the absent State central committeeman or
15 committeewoman may designate a proxy when permitted by the
16 rules of a political party which elects its members by
17 Alternative B under paragraph (a) of this Section.
18 (Source: P.A. 90-627, eff. 7-10-98.)
19 (10 ILCS 5/7-11) (from Ch. 46, par. 7-11)
20 Sec. 7-11. Any candidate for President of the United
21 States may have his name printed upon the primary ballot of
22 his political party by filing in the office of the State
23 Board of Elections not more than 99 and not less than 92 days
24 prior to the date of the presidential general primary
25 election, in any year in which a Presidential election is to
26 be held, a petition signed by not less than 3000 or more than
27 5000 primary electors, members of and affiliated with the
28 party of which he is a candidate, and no candidate for
29 President of the United States, who fails to comply with the
30 provisions of this Article shall have his name printed upon
31 any primary ballot: Provided, however, that if the rules or
32 policies of a national political party conflict with such
33 requirements for filing petitions for President of the United
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1 States in a presidential preference primary, the Chairman of
2 the State central committee of such national political party
3 shall notify the State Board of Elections in writing, citing
4 by reference the rules or policies of the national political
5 party in conflict, and in such case the Board shall direct
6 such petitions to be filed not more than 69 and not less than
7 62 days prior to the date of the presidential general primary
8 election, in any year in which a Presidential election is to
9 be held. Provided, further, unless rules or policies of a
10 national political party otherwise provide, the vote for
11 President of the United States, as herein provided for, shall
12 be for the sole purpose of securing an expression of the
13 sentiment and will of the party voters with respect to
14 candidates for nomination for said office, and the vote of
15 the state at large shall be taken and considered as advisory
16 to the delegates and alternates at large to the national
17 conventions of respective political parties; and the vote of
18 the respective congressional districts shall be taken and
19 considered as advisory to the delegates and alternates of
20 said congressional districts to the national conventions of
21 the respective political parties.
22 (Source: P.A. 86-873; 86-1089.)
23 (10 ILCS 5/7-14) (from Ch. 46, par. 7-14)
24 Sec. 7-14. Not less than 61 days before the date of the
25 general primary and the presidential primary election the
26 State Board of Elections shall meet and shall examine all
27 petitions filed under this Article 7, in the office of the
28 State Board of Elections. The State Board of Elections shall
29 then certify to the county clerk of each county, the names of
30 all candidates whose nomination papers or certificates of
31 nomination have been filed with the Board and direct the
32 county clerk to place upon the official ballot for the
33 general primary election or the presidential primary election
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1 the names of such candidates in the same manner and in the
2 same order as shown upon the certification.
3 The State Board of Elections shall, in its certificate to
4 the county clerk, certify the names of the offices, and the
5 names of the candidates in the order in which the offices and
6 names shall appear upon the primary ballot; such names to
7 appear in the order in which petitions have been filed in the
8 office of the State Board of Elections except as otherwise
9 provided in this Article.
10 Not less than 55 days before the date of the general
11 primary and the presidential primary election, each county
12 clerk shall certify the names of all candidates whose
13 nomination papers have been filed with such clerk and declare
14 that the names of such candidates for the respective offices
15 shall be placed upon the official ballot for the general or
16 presidential primary in the order in which such nomination
17 papers were filed with the clerk, or as determined by lot, or
18 as otherwise specified by statute. Each county clerk shall
19 place a copy of the certification on file in his or her
20 office and at the same time issue to the board of election
21 commissioners a copy of the certification that has been filed
22 in the county clerk's office, together with a copy of the
23 certification that has been issued to the clerk by the State
24 Board of Elections, with directions to the board of election
25 commissioners to place upon the official ballot for the
26 general or presidential primary in that election jurisdiction
27 the names of all candidates that are listed on such
28 certification in the same manner and in the same order as
29 shown upon such certifications.
30 The certification shall indicate, where applicable, the
31 following:
32 (1) The political party affiliation of the candidates
33 for the respective offices;
34 (2) If there is to be more than one candidate elected or
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1 nominated to an office from the State, political subdivision
2 or district;
3 (3) If the voter has the right to vote for more than one
4 candidate for an office;
5 (4) The term of office, if a vacancy is to be filled for
6 less than a full term or if the offices to be filled in a
7 political subdivision or district are for different terms.
8 The State Board of Elections or the county clerk, as the
9 case may be, shall issue an amended certification whenever it
10 is discovered that the original certification is in error.
11 Subject to appeal, the names of candidates whose
12 nomination papers have been held invalid by the appropriate
13 electoral board provided in Section 10-9 of this Code shall
14 not be certified.
15 (Source: P.A. 86-867.)
16 (10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
17 Sec. 7-56. As soon as complete returns are delivered to
18 the proper election authority, the returns shall be canvassed
19 for all primary elections as follows:
20 1. In the case of the nomination of candidates for city
21 offices, by the mayor, the city attorney and the city clerk.
22 2. In the case of nomination of candidates for village
23 offices, by the president of the board of trustees, one
24 member of the board of trustees, and the village clerk.
25 3. In the case of nomination of candidates for township
26 offices, by the town supervisor, the town assessor and the
27 town clerk; in the case of nomination of candidates for
28 incorporated town offices, by the corporate authorities of
29 the incorporated town.
30 3.5. For multi-township assessment districts, by the
31 chairman, clerk, and assessor of the multi-township
32 assessment district.
33 4. For road district offices, by the highway
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1 commissioner and the road district clerk.
2 5. The officers who are charged by law with the duty of
3 canvassing returns of general elections made to the county
4 clerk, shall also open and canvass the returns of a primary
5 made to such county clerk. The canvass shall be completed
6 within 3 days of the primary. Upon the completion of the
7 canvass of the returns by the county canvassing board, said
8 canvassing board shall make a tabulated statement of the
9 returns for each political party separately, stating in
10 appropriate columns and under proper headings, the total
11 number of votes cast in said county for each candidate for
12 nomination by said party, including candidates for President
13 of the United States and for State central committeemen, and
14 for delegates and alternate delegates to National nominating
15 conventions, and for precinct committeemen, township
16 committeemen, and for ward committeemen. Within two (2) days
17 after the completion of said canvass by said canvassing board
18 the county clerk shall mail to the State Board of Elections a
19 certified copy of such tabulated statement of returns.
20 Provided, however, that the number of votes cast for the
21 nomination for offices, the certificates of election for
22 which offices, under this Act or any other laws are issued by
23 the county clerk shall not be included in such certified copy
24 of said tabulated statement of returns, nor shall the returns
25 on the election of precinct, township or ward committeemen be
26 so certified to the State Board of Elections. The said
27 officers shall also determine and set down as to each
28 precinct the number of ballots voted by the primary electors
29 of each party at the primary.
30 6. In the case of the nomination of candidates for
31 offices, including President of the United States and the
32 State central committeemen, and delegates and alternate
33 delegates to National nominating conventions, certified
34 tabulated statement of returns for which are filed with the
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1 State Board of Elections, said returns shall be canvassed by
2 the board. And, provided, further, that within 5 days after
3 said returns shall be canvassed by the said Board, the Board
4 shall cause to be published in one daily newspaper of general
5 circulation at the seat of the State government in
6 Springfield a certified statement of the returns filed in its
7 office, showing the total vote cast in the State for each
8 candidate of each political party for President of the United
9 States, and showing the total vote for each candidate of each
10 political party for President of the United States, cast in
11 each of the several congressional districts in the State.
12 7. Where in cities or villages which have a board of
13 election commissioners, the returns of a primary are made to
14 such board of election commissioners, said return shall be
15 canvassed by such board, and, excepting in the case of the
16 nomination for any municipal office, tabulated statements of
17 the returns of such primary shall be made to the county
18 clerk.
19 8. Within 48 hours of the delivery of complete returns
20 of the consolidated primary to the election authority, the
21 election authority shall deliver an original certificate of
22 results to each local election official, with respect to
23 whose political subdivisions nominations were made at such
24 primary, for each precinct in his jurisdiction in which such
25 nominations were on the ballot. Such original certificate of
26 results need not include any offices or nominations for any
27 other political subdivisions. The local election official
28 shall immediately transmit the certificates to the canvassing
29 board for his political subdivisions, which shall open and
30 canvass the returns, make a tabulated statement of the
31 returns for each political party separately, and as nearly as
32 possible, follow the procedures required for the county
33 canvassing board. Such canvass of votes shall be conducted
34 within 7 days after the close of the consolidated primary.
SB938 Engrossed -37- SRS91S0028PMch
1 (Source: P.A. 87-1052.)
2 (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
3 Sec. 7-60. Not less than 35 67 days before the date of
4 the general election, the State Board of Elections shall
5 certify to the county clerks the names of each of the
6 candidates who have been nominated as shown by the
7 proclamation of the State Board of Elections as a canvassing
8 board or who have been nominated to fill a vacancy in
9 nomination and direct the election authority to place upon
10 the official ballot for the general election the names of
11 such candidates in the same manner and in the same order as
12 shown upon the certification, except as otherwise provided in
13 this Section.
14 Not less than 30 61 days before the date of the general
15 election, each county clerk shall certify the names of each
16 of the candidates for county offices who have been nominated
17 as shown by the proclamation of the county canvassing board
18 or who have been nominated to fill a vacancy in nomination
19 and declare that the names of such candidates for the
20 respective offices shall be placed upon the official ballot
21 for the general election in the same manner and in the same
22 order as shown upon the certification, except as otherwise
23 provided by this Section. Each county clerk shall place a
24 copy of the certification on file in his or her office and at
25 the same time issue to the State Board of Elections a copy of
26 such certification. In addition, each county clerk in whose
27 county there is a board of election commissioners shall, not
28 less than 30 61 days before the date of the general election,
29 issue to such board a copy of the certification that has been
30 filed in the county clerk's office, together with a copy of
31 the certification that has been issued to the clerk by the
32 State Board of Elections, with directions to the board of
33 election commissioners to place upon the official ballot for
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1 the general election in that election jurisdiction the names
2 of all candidates that are listed on such certifications, in
3 the same manner and in the same order as shown upon such
4 certifications, except as otherwise provided in this Section.
5 Whenever there are two or more persons nominated by the
6 same political party for multiple offices for any board, the
7 name of the candidate of such party receiving the highest
8 number of votes in the primary election as a candidate for
9 such office, as shown by the official election returns of the
10 primary, shall be certified first under the name of such
11 offices, and the names of the remaining candidates of such
12 party for such offices shall follow in the order of the
13 number of votes received by them respectively at the primary
14 election as shown by the official election results.
15 No person who is shown by the canvassing board's
16 proclamation to have been nominated at the primary as a
17 write-in candidate shall have his or her name certified
18 unless such person shall have filed with the certifying
19 office or board within 5 10 days after the canvassing board's
20 proclamation a statement of candidacy pursuant to Section
21 7-10 and a statement pursuant to Section 7-10.1.
22 Each county clerk and board of election commissioners
23 shall determine by a fair and impartial method of random
24 selection the order of placement of established political
25 party candidates for the general election ballot. Such
26 determination shall be made within 15 30 days following the
27 canvass and proclamation of the results of the general
28 primary in the office of the county clerk or board of
29 election commissioners and shall be open to the public. Seven
30 days written notice of the time and place of conducting such
31 random selection shall be given, by each such election
32 authority, to the County Chairman of each established
33 political party, and to each organization of citizens within
34 the election jurisdiction which was entitled, under this
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1 Article, at the next preceding election, to have pollwatchers
2 present on the day of election. Each election authority
3 shall post in a conspicuous, open and public place, at the
4 entrance of the election authority office, notice of the time
5 and place of such lottery. However, a board of election
6 commissioners may elect to place established political party
7 candidates on the general election ballot in the same order
8 determined by the county clerk of the county in which the
9 city under the jurisdiction of such board is located.
10 Each certification shall indicate, where applicable, the
11 following:
12 (1) The political party affiliation of the candidates
13 for the respective offices;
14 (2) If there is to be more than one candidate elected to
15 an office from the State, political subdivision or district;
16 (3) If the voter has the right to vote for more than one
17 candidate for an office;
18 (4) The term of office, if a vacancy is to be filled for
19 less than a full term or if the offices to be filled in a
20 political subdivision are for different terms.
21 The State Board of Elections or the county clerk, as the
22 case may be, shall issue an amended certification whenever it
23 is discovered that the original certification is in error.
24 (Source: P.A. 86-867; 86-875; 86-1028.)
25 (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
26 Sec. 7-61. Whenever a special election is necessary the
27 provisions of this Article are applicable to the nomination
28 of candidates to be voted for at such special election.
29 In cases where a primary election is required the officer
30 or board or commission whose duty it is under the provisions
31 of this Act relating to general elections to call an
32 election, shall fix a date for the primary for the nomination
33 of candidates to be voted for at such special election.
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1 Notice of such primary shall be given at least 15 days prior
2 to the maximum time provided for the filing of petitions for
3 such a primary as provided in Section 7-12.
4 Any vacancy in nomination under the provisions of this
5 Article 7 occurring on or after the primary and prior to
6 certification of candidates by the certifying board or
7 officer, must be filled prior to the date of certification.
8 Any vacancy in nomination occurring after certification but
9 prior to 15 days before the general election shall be filled
10 within 8 days after the event creating the vacancy. The
11 resolution filling the vacancy shall be sent by U. S. mail or
12 personal delivery to the certifying officer or board within 3
13 days of the action by which the vacancy was filled; provided,
14 if such resolution is sent by mail and the U. S. postmark on
15 the envelope containing such resolution is dated prior to the
16 expiration of such 3 day limit, the resolution shall be
17 deemed filed within such 3 day limit. Failure to so transmit
18 the resolution within the time specified in this Section
19 shall authorize the certifying officer or board to certify
20 the original candidate. Vacancies shall be filled by the
21 officers of a local municipal or township political party as
22 specified in subsection (h) of Section 7-8, other than a
23 statewide political party, that is established only within a
24 municipality or township and the managing committee (or
25 legislative committee in case of a candidate for State
26 Senator or representative committee in the case of a
27 candidate for State Representative in the General Assembly)
28 of the respective political party for the territorial area in
29 which such vacancy occurs.
30 The resolution to fill a vacancy in nomination shall be
31 duly acknowledged before an officer qualified to take
32 acknowledgements of deeds and shall include, upon its face,
33 the following information:
34 (a) the name of the original nominee and the office
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1 vacated;
2 (b) the date on which the vacancy occurred;
3 (c) the name and address of the nominee selected to fill
4 the vacancy and the date of selection.
5 The resolution to fill a vacancy in nomination shall be
6 accompanied by a Statement of Candidacy, as prescribed in
7 Section 7-10, completed by the selected nominee and a receipt
8 indicating that such nominee has filed a statement of
9 economic interests as required by the Illinois Governmental
10 Ethics Act.
11 The provisions of Section 10-8 through 10-10.1 relating
12 to objections to certificates of nomination and nomination
13 papers, hearings on objections, and judicial review, shall
14 apply to and govern objections to resolutions for filling a
15 vacancy in nomination.
16 Any vacancy in nomination occurring 15 days or less
17 before the consolidated election or the general election
18 shall not be filled. In this event, the certification of the
19 original candidate shall stand and his name shall appear on
20 the official ballot to be voted at the general election.
21 A vacancy in nomination occurs when a candidate who has
22 been nominated under the provisions of this Article 7 dies
23 before the election (whether death occurs prior to, on or
24 after the day of the primary), or declines the nomination;
25 provided that nominations may become vacant for other
26 reasons.
27 If the name of no established political party candidate
28 was printed on the consolidated primary ballot for a
29 particular office and if no person was nominated as a
30 write-in candidate for such office, a vacancy in nomination
31 shall be created which may be filled in accordance with the
32 requirements of this Section. If the name of no established
33 political party candidate was printed on the general primary
34 ballot for a particular office and if no person was nominated
SB938 Engrossed -42- SRS91S0028PMch
1 as a write-in candidate for such office, a vacancy in
2 nomination shall be created, but no candidate of the party
3 for the office shall be listed on the ballot at the general
4 election unless such vacancy is filled in accordance with the
5 requirements of this Section within 20 60 days after the date
6 of the general primary.
7 A candidate for whom a nomination paper has been filed as
8 a partisan candidate at a primary election, and who is
9 defeated for his or her nomination at such primary election,
10 is ineligible to be listed on the ballot at that general or
11 consolidated election as a candidate of another political
12 party.
13 A candidate seeking election to an office for which
14 candidates of political parties are nominated by caucus who
15 is a participant in the caucus and who is defeated for his or
16 her nomination at such caucus, is ineligible to be listed on
17 the ballot at that general or consolidated election as a
18 candidate of another political party.
19 In the proceedings to nominate a candidate to fill a
20 vacancy or to fill a vacancy in the nomination, each
21 precinct, township, ward, county or congressional district,
22 as the case may be, shall through its representative on such
23 central or managing committee, be entitled to one vote for
24 each ballot voted in such precinct, township, ward, county or
25 congressional district, as the case may be, by the primary
26 electors of its party at the primary election immediately
27 preceding the meeting at which such vacancy is to be filled.
28 For purposes of this Section, the words "certify" and
29 "certification" shall refer to the act of officially
30 declaring the names of candidates entitled to be printed upon
31 the official ballot at an election and directing election
32 authorities to place the names of such candidates upon the
33 official ballot. "Certifying officers or board" shall refer
34 to the local election official, election authority or the
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1 State Board of Elections, as the case may be, with whom
2 nomination papers, including certificates of nomination and
3 resolutions to fill vacancies in nomination, are filed and
4 whose duty it is to "certify" candidates.
5 (Source: P.A. 86-867; 86-1348; 87-1052.)
6 (10 ILCS 5/7-63) (from Ch. 46, par. 7-63)
7 Sec. 7-63. Any candidate whose name appears upon the
8 primary ballot of any political party may contest the
9 election of the candidate or candidates nominated for the
10 office for which he or she was a candidate by his or her
11 political party, upon the face of the returns, by filing with
12 the clerk of the circuit court a petition in writing, setting
13 forth the grounds of contest, which petition shall be
14 verified by the affidavit of the petitioner or other person,
15 and which petition shall be filed within 5 10 days after the
16 completion of the canvass of the returns by the canvassing
17 board making the final canvass of returns. The contestant
18 shall also file with that canvassing board (and if for the
19 nomination for an office, certified tabulated statements of
20 the returns of which are to be filed with the State Board of
21 Elections, also with the county canvassing board), a notice
22 of the pendency of the contest.
23 If the contest relates to an office involving more than
24 one county, the venue of the contest is (a) in the county in
25 which the alleged grounds of the contest exist or (b) if
26 grounds for the contest are alleged to exist in more than one
27 county, then in any of those counties or in the county in
28 which any defendant resides.
29 Authority and jurisdiction are hereby vested in the
30 circuit court, to hear and determine primary contests. When a
31 petition to contest a primary is filed in the office of the
32 clerk of the court, the petition shall forthwith be presented
33 to a judge thereof, who shall note thereon the date of
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1 presentation, and shall note thereon the day when the
2 petition will be heard, which shall not be more than 5 10
3 days thereafter.
4 Summons shall forthwith issue to each defendant named in
5 the petition and shall be served for the same manner as is
6 provided for other civil cases. Summons may be issued and
7 served in any county in the State. The case may be heard and
8 determined by the circuit court at any time not less than 5
9 days after service of process, and shall have preference in
10 the order of hearing to all other cases. The petitioner shall
11 give security for all costs.
12 In any contest involving the selection of nominees for
13 the office of State representative, each candidate of the
14 party and district involved, who is not a petitioner or a
15 named defendant in the contest, shall be given notice of the
16 contest at the same time summons is issued to the defendants,
17 and any other candidate may, upon application to the court
18 within 5 days after receiving such notice, be made a party to
19 the contest.
20 Any defendant may, within 5 days after service of process
21 upon him or her, file a counterclaim and shall give security
22 for all costs relating to such counterclaim.
23 Any party to such proceeding may have a substitution of
24 judge from the judge to whom such contest is assigned for
25 hearing, where he or she fears or has cause to believe such
26 judge is prejudiced against, or is related to any of the
27 parties either by blood or by marriage. Notice of the
28 application for such substitution of judge must be served
29 upon the opposite party and filed with such judge not later
30 than one day after such contest is assigned to such judge,
31 Sundays and legal holidays excepted. No party shall be
32 entitled to more than one substitution of judge in such
33 proceeding.
34 If, in the opinion of the court, in which the petition is
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1 filed, the grounds for contest alleged are insufficient in
2 law the petition shall be dismissed. If the grounds alleged
3 are sufficient in law, the court shall proceed in a summary
4 manner and may hear evidence, examine the returns, recount
5 the ballots and make such orders and enter such judgment as
6 justice may require. In the case of a contest relating to
7 nomination for the office of Representative in the General
8 Assembly where the contestant received votes equal in number
9 to at least 95% of the number of votes cast for any
10 apparently successful candidate for nomination for that
11 office by the same political party, the court may order a
12 recount for the entire district and may order the cost of
13 such recount to be borne by the respective counties. The
14 court shall ascertain and declare by a judgment to be entered
15 of record, the result of such election in the territorial
16 area for which the contest is made. The judgment of the court
17 shall be appealable as in other civil cases. A certified copy
18 of the judgment shall forthwith be made by the clerk of the
19 court and transmitted to the board canvassing the returns for
20 such office, and in case of contest, if for nomination for an
21 office, tabulated statements of returns for which are filed
22 with the State Board of Elections, also in the office of the
23 county clerk in the proper county. The proper canvassing
24 board, or boards, as the case may be, shall correct the
25 returns or the tabulated statement of returns in accordance
26 with the judgment.
27 (Source: P.A. 84-1308.)
28 (10 ILCS 5/8-4) (from Ch. 46, par. 8-4)
29 Sec. 8-4. A primary shall be held on the second third
30 Tuesday in September March of each even-numbered year for the
31 nomination of candidates for legislative offices.
32 (Source: P.A. 82-750.)
SB938 Engrossed -46- SRS91S0028PMch
1 (10 ILCS 5/8-5) (from Ch. 46, par. 8-5)
2 Sec. 8-5. There shall be constituted one legislative
3 committee for each political party in each legislative
4 district and one representative committee for each political
5 party in each representative district. Legislative and
6 representative committees shall be composed as follows:
7 In legislative or representative districts within or
8 including a portion of any county containing 2,000,000 or
9 more inhabitants, the legislative or representative committee
10 of a political party shall consist of the committeemen of
11 such party representing each township or ward of such county
12 any portion of which township or ward is included within such
13 legislative or representative district and the chairman of
14 each county central committee of such party of any county
15 containing less than 2,000,000 inhabitants any portion of
16 which county is included within such legislative or
17 representative district.
18 In the remainder of the State, the legislative or
19 representative committee of a political party shall consist
20 of the chairman of each county central committee of such
21 party, any portion of which county is included within such
22 legislative or representative district; but if a legislative
23 or representative district comprises only one county, or part
24 of a county, its legislative or representative committee
25 shall consist of the chairman of the county central committee
26 and 2 members of the county central committee who reside in
27 the legislative or representative district, as the case may
28 be, elected by the county central committee.
29 Within 180 days after the primary of the even-numbered
30 year immediately following the decennial redistricting
31 required by Section 3 of Article IV of the Illinois
32 Constitution of 1970, the ward committeemen, township
33 committeemen or chairmen of county central committees within
34 each of the redistricted legislative and representative
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1 districts shall meet and proceed to organize by electing from
2 among their own number a chairman and, either from among
3 their own number or otherwise, such other officers as they
4 may deem necessary or expedient. The ward committeemen,
5 township committeemen or chairmen of county central
6 committees shall determine the time and place (which shall be
7 in the limits of such district) of such meeting. Immediately
8 upon completion of organization, the chairman shall forward
9 to the State Board of Elections the names and addresses of
10 the chairman and secretary of the committee. A vacancy shall
11 occur when a member dies, resigns or ceases to reside in the
12 county, township or ward which he represented.
13 Within 20 180 days after the primary of each other
14 even-numbered year, each legislative committee and
15 representative committee shall meet and proceed to organize
16 by electing from among its own number a chairman, and either
17 from its own number or otherwise, such other officers as each
18 committee may deem necessary or expedient. Immediately upon
19 completion of organization, the chairman shall forward to the
20 State Board of Elections, the names and addresses of the
21 chairman and secretary of the committee. The outgoing
22 chairman of such committee shall notify the members of the
23 time and place (which shall be in the limits of such
24 district) of such meeting. A vacancy shall occur when a
25 member dies, resigns, or ceases to reside in the county,
26 township or ward, which he represented.
27 If any change is made in the boundaries of any precinct,
28 township or ward, the committeeman previously elected
29 therefrom shall continue to serve, as if no boundary change
30 had occurred, for the purpose of acting as a member of a
31 legislative or representative committee until his successor
32 is elected or appointed.
33 (Source: P.A. 84-352.)
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1 (10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
2 Sec. 10-14. Not less than 35 61 days before the date of
3 the general election the State Board of Elections shall
4 certify to the county clerk of each county the name of each
5 candidate whose nomination papers, certificate of nomination
6 or resolution to fill a vacancy in nomination has been filed
7 with the State Board of Elections and direct the county clerk
8 to place upon the official ballot for the general election
9 the names of such candidates in the same manner and in the
10 same order as shown upon the certification. The name of no
11 candidate for an office to be filled by the electors of the
12 entire state shall be placed upon the official ballot unless
13 his name is duly certified to the county clerk upon a
14 certificate signed by the members of the State Board of
15 Elections. The names of group candidates on petitions shall
16 be certified to the several county clerks in the order in
17 which such names appear on such petitions filed with the
18 State Board of Elections.
19 Not less than 30 55 days before the date of the general
20 election, each county clerk shall certify the names of each
21 of the candidates for county offices whose nomination papers,
22 certificates of nomination or resolutions to fill a vacancy
23 in nomination have been filed with such clerk and declare
24 that the names of such candidates for the respective offices
25 shall be placed upon the official ballot for the general
26 election in the same manner and in the same order as shown
27 upon the certification. Each county clerk shall place a copy
28 of the certification on file in his or her office and at the
29 same time issue to the State Board of Elections a copy of
30 such certification. In addition, each county clerk in whose
31 county there is a board of election commissioners shall, not
32 less than 30 55 days before the election, certify to the
33 board of election commissioners the name of the person or
34 persons nominated for such office as shown by the certificate
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1 of the State Board of Elections, together with the names of
2 all other candidates as shown by the certification of county
3 officers on file in the clerk's office, and in the order so
4 certified. The county clerk or board of election
5 commissioners shall print the names of the nominees on the
6 ballot for each office in the order in which they are
7 certified to or filed with the county clerk; provided, that
8 in printing the name of nominees for any office, if any of
9 such nominees have also been nominated by one or more
10 political parties pursuant to this Act, the location of the
11 name of such candidate on the ballot for nominations made
12 under this Article shall be precisely in the same order in
13 which it appears on the certification of the State Board of
14 Elections to the county clerk.
15 For the general election, the candidates of new political
16 parties shall be placed on the ballot for said election after
17 the established political party candidates and in the order
18 of new political party petition filings.
19 Each certification shall indicate, where applicable, the
20 following:
21 (1) The political party affiliation if any, of the
22 candidates for the respective offices;
23 (2) If there is to be more than one candidate elected to
24 an office from the State, political subdivision or district;
25 (3) If the voter has the right to vote for more than one
26 candidate for an office;
27 (4) The term of office, if a vacancy is to be filled for
28 less than a full term or if the offices to be filled in a
29 political subdivision are for different terms.
30 The State Board of Elections or the county clerk, as the
31 case may be, shall issue an amended certification whenever it
32 is discovered that the original certification is in error.
33 (Source: P.A. 86-867.)
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1 (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
2 Sec. 13-1. In counties not under township organization,
3 the county board of commissioners shall at its meeting in May
4 in each even-numbered year appoint in each election precinct
5 5 capable and discreet electors meeting the qualifications of
6 Section 13-4 to be judges of election. Where neither voting
7 machines nor electronic, mechanical or electric voting
8 systems are used, the county board may, for any precinct with
9 respect to which the board considers such action necessary or
10 desirable in view of the number of voters, and shall for
11 general elections for any precinct containing more than 600
12 registered voters, appoint in addition to the 5 judges of
13 election a team of 5 tally judges. In such precincts the
14 judges of election shall preside over the election during the
15 hours the polls are open, and the tally judges, with the
16 assistance of the holdover judges designated pursuant to
17 Section 13-6.2, shall count the vote after the closing of the
18 polls. However, the County Board of Commissioners may appoint
19 3 judges of election to serve in lieu of the 5 judges of
20 election otherwise required by this Section to serve in any
21 presidential primary election, any emergency referendum, or
22 in any odd-year regular election or in any special primary or
23 special election called for the purpose of filling a vacancy
24 in the office of representative in the United States Congress
25 or to nominate candidates for such purpose. The tally judges
26 shall possess the same qualifications and shall be appointed
27 in the same manner and with the same division between
28 political parties as is provided for judges of election.
29 In addition to such precinct judges, the county board of
30 commissioners shall appoint special panels of 3 judges each,
31 who shall possess the same qualifications and shall be
32 appointed in the same manner and with the same division
33 between political parties as is provided for other judges of
34 election. The number of such panels of judges required shall
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1 be determined by regulations of the State Board of Elections
2 which shall base the required numbers of special panels on
3 the number of registered voters in the jurisdiction or the
4 number of absentee ballots voted at recent elections, or any
5 combination of such factors.
6 Such appointment shall be confirmed by the court as
7 provided in Section 13-3 of this Article. No more than 3
8 persons of the same political party shall be appointed judges
9 of the same election precinct or election judge panel. The
10 appointment shall be made in the following manner: The county
11 board of commissioners shall select and approve 3 persons as
12 judges of election in each election precinct from a certified
13 list, furnished by the chairman of the County Central
14 Committee of the first leading political party in such
15 precinct; and the county board of commissioners shall also
16 select and approve 2 persons as judges of election in each
17 election precinct from a certified list, furnished by the
18 chairman of the County Central Committee of the second
19 leading political party. However, if only 3 judges of
20 election serve in each election precinct, no more than 2
21 persons of the same political party shall be judges of
22 election in the same election precinct; and which political
23 party is entitled to 2 judges of election and which political
24 party is entitled to one judge of election shall be
25 determined in the same manner as set forth in the next two
26 preceding sentences with regard to 5 election judges in each
27 precinct. Such certified list shall be filed with the county
28 clerk not less than 10 days before the annual meeting of the
29 county board of commissioners. Such list shall be arranged
30 according to precincts. The chairman of each county central
31 committee shall, insofar as possible, list persons who reside
32 within the precinct in which they are to serve as judges.
33 However, he may, in his sole discretion, submit the names of
34 persons who reside outside the precinct but within the county
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1 embracing the precinct in which they are to serve. He must,
2 however, submit the names of at least 2 residents of the
3 precinct for each precinct in which his party is to have 3
4 judges and must submit the name of at least one resident of
5 the precinct for each precinct in which his party is to have
6 2 judges. The county board of commissioners shall acknowledge
7 in writing to each county chairman the names of all persons
8 submitted on such certified list and the total number of
9 persons listed thereon. If no such list is filed or such list
10 is incomplete (that is, no names or an insufficient number of
11 names are furnished for certain election precincts), the
12 county board of commissioners shall make or complete such
13 list from the names contained in the supplemental list
14 provided for in Section 13-1.1. The election judges shall
15 hold their office for 2 years from their appointment, and
16 until their successors are duly appointed in the manner
17 provided in this Act. The county board of commissioners shall
18 fill all vacancies in the office of judge of election at any
19 time in the manner provided in this Act.
20 (Source: P.A. 87-1052.)
21 (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
22 Sec. 13-2. In counties under the township organization
23 the county board shall at its meeting in May in each
24 even-numbered year except in counties containing a population
25 of 3,000,000 inhabitants or over and except when such judges
26 are appointed by election commissioners, select in each
27 election precinct in the county, 5 capable and discreet
28 electors to be judges of election who shall possess the
29 qualifications required by this Act for such judges. Where
30 neither voting machines nor electronic, mechanical or
31 electric voting systems are used, the county board may, for
32 any precinct with respect to which the board considers such
33 action necessary or desirable in view of the number of
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1 voters, and shall for general elections for any precinct
2 containing more than 600 registered voters, appoint in
3 addition to the 5 judges of election a team of 5 tally
4 judges. In such precincts the judges of election shall
5 preside over the election during the hours the polls are
6 open, and the tally judges, with the assistance of the
7 holdover judges designated pursuant to Section 13-6.2, shall
8 count the vote after the closing of the polls. The tally
9 judges shall possess the same qualifications and shall be
10 appointed in the same manner and with the same division
11 between political parties as is provided for judges of
12 election.
13 However, the county board may appoint 3 judges of
14 election to serve in lieu of the 5 judges of election
15 otherwise required by this Section to serve in any
16 presidential primary election, any emergency referendum, or
17 in any odd-year regular election or in any special primary or
18 special election called for the purpose of filling a vacancy
19 in the office of representative in the United States Congress
20 or to nominate candidates for such purpose.
21 In addition to such precinct judges, the county board
22 shall appoint special panels of 3 judges each, who shall
23 possess the same qualifications and shall be appointed in the
24 same manner and with the same division between political
25 parties as is provided for other judges of election. The
26 number of such panels of judges required shall be determined
27 by regulations of the State Board of Elections, which shall
28 base the required number of special panels on the number of
29 registered voters in the jurisdiction or the number of
30 absentee ballots voted at recent elections or any combination
31 of such factors.
32 No more than 3 persons of the same political party shall
33 be appointed judges in the same election district or
34 undivided precinct. The election of the judges of election in
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1 the various election precincts shall be made in the following
2 manner: The county board shall select and approve 3 of the
3 election judges in each precinct from a certified list
4 furnished by the chairman of the County Central Committee of
5 the first leading political party in such election precinct
6 and shall also select and approve 2 judges of election in
7 each election precinct from a certified list furnished by the
8 chairman of the County Central Committee of the second
9 leading political party in such election precinct. However,
10 if only 3 judges of election serve in each election precinct,
11 no more than 2 persons of the same political party shall be
12 judges of election in the same election precinct; and which
13 political party is entitled to 2 judges of election and which
14 political party is entitled to one judge of election shall be
15 determined in the same manner as set forth in the next two
16 preceding sentences with regard to 5 election judges in each
17 precinct. The respective County Central Committee chairman
18 shall notify the county board by June 1 of each odd-numbered
19 year immediately preceding the annual meeting of the county
20 board whether or not such certified list will be filed by
21 such chairman. Such list shall be arranged according to
22 precincts. The chairman of each county central committee
23 shall, insofar as possible, list persons who reside within
24 the precinct in which they are to serve as judges. However,
25 he may, in his sole discretion, submit the names of persons
26 who reside outside the precinct but within the county
27 embracing the precinct in which they are to serve. He must,
28 however, submit the names of at least 2 residents of the
29 precinct for each precinct in which his party is to have 3
30 judges and must submit the name of at least one resident of
31 the precinct for each precinct in which his party is to have
32 2 judges. Such certified list, if filed, shall be filed with
33 the county clerk not less than 20 days before the annual
34 meeting of the county board. The county board shall
SB938 Engrossed -55- SRS91S0028PMch
1 acknowledge in writing to each county chairman the names of
2 all persons submitted on such certified list and the total
3 number of persons listed thereon. If no such list is filed or
4 the list is incomplete (that is, no names or an insufficient
5 number of names are furnished for certain election
6 precincts), the county board shall make or complete such list
7 from the names contained in the supplemental list provided
8 for in Section 13-1.1. Provided, further, that in any case
9 where a township has been or shall be redistricted, in whole
10 or in part, subsequent to one general election for Governor,
11 and prior to the next, the judges of election to be selected
12 for all new or altered precincts shall be selected in that
13 one of the methods above detailed, which shall be applicable
14 according to the facts and circumstances of the particular
15 case, but the majority of such judges for each such precinct
16 shall be selected from the first leading political party, and
17 the minority judges from the second leading political party.
18 Provided, further, that in counties having a population of
19 1,000,000 inhabitants or over the selection of judges of
20 election shall be made in the same manner in all respects as
21 in other counties, except that the provisions relating to
22 tally judges are inapplicable to such counties and except
23 that the county board shall meet during the month of January
24 for the purpose of making such selection and the chairman of
25 each county central committee shall notify the county board
26 by the preceding October 1 whether or not the certified list
27 will be filed. Such judges of election shall hold their
28 office for 2 years from their appointment and until their
29 successors are duly appointed in the manner provided in this
30 Act. The county board shall fill all vacancies in the office
31 of judges of elections at any time in the manner herein
32 provided.
33 Such selections under this Section shall be confirmed by
34 the circuit court as provided in Section 13-3 of this
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1 Article.
2 (Source: P.A. 86-1028; 87-1052.)
3 (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
4 Sec. 14-3.1. The board of election commissioners shall,
5 during the month of May of each even-numbered year, select
6 for each election precinct within the jurisdiction of the
7 board 5 persons to be judges of election who shall possess
8 the qualifications required by this Act for such judges. The
9 selection shall be made by a county board of election
10 commissioners in the following manner: the county board of
11 election commissioners shall select and approve 3 persons as
12 judges of election in each election precinct from a certified
13 list furnished by the chairman of the county central
14 committee of the first leading political party in that
15 precinct; the county board of election commissioners also
16 shall select and approve 2 persons as judges of election in
17 each election precinct from a certified list furnished by the
18 chairman of the county central committee of the second
19 leading political party in that precinct. The selection by a
20 municipal board of election commissioners shall be made in
21 the following manner: for each precinct, 3 judges shall be
22 selected from one of the 2 leading political parties and the
23 other 2 judges shall be selected from the other leading
24 political party; the parties entitled to 3 and 2 judges,
25 respectively, in the several precincts shall be determined as
26 provided in Section 14-4. However, a Board of Election
27 Commissioners may appoint three judges of election to serve
28 in lieu of the 5 judges of election otherwise required by
29 this Section to serve in any presidential primary election,
30 any emergency referendum, or in any odd-year regular election
31 or in any special primary or special election called for the
32 purpose of filling a vacancy in the office of representative
33 in the United States Congress or to nominate candidates for
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1 such purpose.
2 If only 3 judges of election serve in each election
3 precinct, no more than 2 persons of the same political party
4 shall be judges of election in the same election precinct,
5 and which political party is entitled to 2 judges of election
6 and which political party is entitled to one judge of
7 election shall be determined as set forth in this Section for
8 a county board of election commissioners' selection of 5
9 election judges in each precinct or in Section 14-4 for a
10 municipal board of election commissioners' selection of
11 election judges in each precinct, whichever is appropriate.
12 In addition to such precinct judges, the board of election
13 commissioners shall appoint special panels of 3 judges each,
14 who shall possess the same qualifications and shall be
15 appointed in the same manner and with the same division
16 between political parties as is provided for other judges of
17 election. The number of such panels of judges required shall
18 be determined by regulation of the State Board of Elections,
19 which shall base the required number of special panels on the
20 number of registered voters in the jurisdiction or the number
21 of absentee ballots voted at recent elections or any
22 combination of such factors. A municipal board of election
23 commissioners shall make the selections of persons qualified
24 under Section 14-1 from certified lists furnished by the
25 chairman of the respective county central committees of the 2
26 leading political parties. Lists furnished by chairmen of
27 county central committees under this Section shall be
28 arranged according to precincts. The chairman of each county
29 central committee shall, insofar as possible, list persons
30 who reside within the precinct in which they are to serve as
31 judges. However, he may, in his sole discretion, submit the
32 names of persons who reside outside the precinct but within
33 the county embracing the precinct in which they are to serve.
34 He must, however, submit the names of at least 2 residents of
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1 the precinct for each precinct in which his party is to have
2 3 judges and must submit the name of at least one resident of
3 the precinct for each precinct in which his party is to have
4 2 judges. The board of election commissioners shall no later
5 than March 1 of each even-numbered year notify the chairmen
6 of the respective county central committees of their
7 responsibility to furnish such lists, and each such chairman
8 shall furnish the board of election commissioners with the
9 list for his party on or before May 1 of each even-numbered
10 year. The board of election commissioners shall acknowledge
11 in writing to each county chairman the names of all persons
12 submitted on such certified list and the total number of
13 persons listed thereon. If no such list is furnished or if no
14 names or an insufficient number of names are furnished for
15 certain precincts, the board of election commissioners shall
16 make or complete such list from the names contained in the
17 supplemental list provided for in Section 14-3.2. Judges of
18 election shall hold their office for 2 years from their
19 appointment and until their successors are duly appointed in
20 the manner herein provided. The board of election
21 commissioners shall, subject to the provisions of Section
22 14-3.2, fill all vacancies in the office of judges of
23 election at any time in the manner herein provided.
24 Such selections under this Section shall be confirmed by
25 the court as provided in Section 14-5.
26 (Source: P.A. 89-471, eff. 6-13-96.)
27 (10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01)
28 Sec. 16-5.01. (a) The election authority shall, at least
29 25 60 days prior to the date of any general election at which
30 federal officers are elected and 25 45 days prior to any
31 other regular election, have a sufficient number of ballots
32 printed so that such ballots will be available for mailing 25
33 60 days prior to the date of the election to persons who
SB938 Engrossed -59- SRS91S0028PMch
1 have filed application for a ballot under the provisions of
2 Article 20 of this Act.
3 (b) If at any general election at which federal offices
4 are elected the election authority is unable to comply with
5 the provisions of subsection (a), the election authority
6 shall mail to each such person, in lieu of the ballot, a
7 Special Write-in Absentee Voter's Blank Ballot. The Special
8 Write-in Absentee Voter's Blank Ballot shall be used only at
9 general elections at which federal officers are elected and
10 shall be prepared by the election authority in substantially
11 the following form:
12 Special Write-in Absentee Voter's Blank Ballot
13 (To vote for a person, write the title of the office and
14 his or her name on the lines provided. Place to the left of
15 and opposite the title of office a square and place a cross
16 (X) in the square.)
17 Title of Office Name of Candidate
18 ( )
19 ( )
20 ( )
21 ( )
22 ( )
23 ( )
24 The election authority shall send with the Special
25 Write-in Absentee Voter's Blank Ballot a list of all
26 referenda for which the voter is qualified to vote and all
27 candidates for whom nomination papers have been filed and for
28 whom the voter is qualified to vote. The voter shall be
29 entitled to write in the name of any candidate seeking
30 election and any referenda for which he or she is entitled to
31 vote.
32 On the back or outside of the ballot, so as to appear
33 when folded, shall be printed the words "Official Ballot",
34 the date of the election and a facsimile of the signature of
SB938 Engrossed -60- SRS91S0028PMch
1 the election authority who has caused the ballot to be
2 printed.
3 The provisions of Article 20, insofar as they may be
4 applicable to the Special Write-in Absentee Voter's Blank
5 Ballot, shall be applicable herein.
6 (Source: P.A. 86-875.)
7 (10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
8 Sec. 19-2. Any elector as defined in Section 19-1
9 expecting to be absent from the county of his residence or
10 any such elector who because of being appointed a judge of
11 election in a precinct other than the precinct in which he
12 resides or who because of physical incapacity or the tenets
13 of his religion in the observance of a religious holiday or
14 who because of election duties for the office of an Election
15 Authority, the State Board of Elections, or a law enforcement
16 agency will be unable to be present at the polls on the day
17 of such election may by mail, not more than 40, except for a
18 general election, not more than 25 days, nor less than 5 days
19 prior to the date of such election, or by personal delivery
20 not more than 40, except for a general election, not more
21 than 25 days, nor less than one day prior to the date of such
22 election, make application to the county clerk or to the
23 Board of Election Commissioners for an official ballot for
24 the voter's precinct to be voted at such election.
25 (Source: P.A. 84-808.)
26 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
27 Sec. 19-4. Mailing or delivery of ballots - Time.)
28 Immediately upon the receipt of such application either by
29 mail, not more than 40 days, except for a general election,
30 not more than 25 days, nor less than 5 days prior to such
31 election, or by personal delivery not more than 40 days,
32 except for a general election, not more than 25 days, nor
SB938 Engrossed -61- SRS91S0028PMch
1 less than one day prior to such election, at the office of
2 such election authority, it shall be the duty of such
3 election authority to examine the records to ascertain
4 whether or not such applicant is lawfully entitled to vote as
5 requested, and if found so to be, to post within one business
6 day thereafter the name, street address, ward and precinct
7 number or township and district number, as the case may be,
8 of such applicant given on a list, the pages of which are to
9 be numbered consecutively to be kept by such election
10 authority for such purpose in a conspicuous, open and public
11 place accessible to the public at the entrance of the office
12 of such election authority, and in such a manner that such
13 list may be viewed without necessity of requesting permission
14 therefor, and within 2 business days thereafter to mail,
15 postage prepaid, or deliver in person in such office an
16 official ballot or ballots if more than one are to be voted
17 at said election. Mail delivery of Temporarily Absent
18 Student ballot applications pursuant to Section 19-12.3 shall
19 be by nonforwardable mail. However, for the consolidated
20 election, absentee ballots for certain precincts may be
21 delivered to applicants not less than 25 days before the
22 election if so much time is required to have prepared and
23 printed the ballots containing the names of persons nominated
24 for offices at the consolidated primary. The election
25 authority shall enclose with each absentee ballot or
26 application written instructions on how voting assistance
27 shall be provided pursuant to Section 17-14 and a document,
28 written and approved by the State Board of Elections,
29 enumerating the circumstances under which a person is
30 authorized to vote by absentee ballot pursuant to this
31 Article; such document shall also include a statement
32 informing the applicant that if he or she falsifies or is
33 solicited by another to falsify his or her eligibility to
34 cast an absentee ballot, such applicant or other is subject
SB938 Engrossed -62- SRS91S0028PMch
1 to penalties pursuant to Section 29-10 and Section 29-20 of
2 the Election Code. Each election authority shall maintain a
3 list of the name, street address, ward and precinct, or
4 township and district number, as the case may be, of all
5 applicants who have returned absentee ballots to such
6 authority, and the name of such absent voter shall be added
7 to such list within one business day from receipt of such
8 ballot. If the absentee ballot envelope indicates that the
9 voter was assisted in casting the ballot, the name of the
10 person so assisting shall be included on the list. The list,
11 the pages of which are to be numbered consecutively, shall be
12 kept by each election authority in a conspicuous, open, and
13 public place accessible to the public at the entrance of the
14 office of the election authority and in a manner that the
15 list may be viewed without necessity of requesting permission
16 for viewing.
17 Each election authority shall maintain a list for each
18 election of the voters to whom it has issued absentee
19 ballots. The list shall be maintained for each precinct
20 within the jurisdiction of the election authority. Prior to
21 the opening of the polls on election day, the election
22 authority shall deliver to the judges of election in each
23 precinct the list of registered voters in that precinct to
24 whom absentee ballots have been issued by mail.
25 Each election authority shall maintain a list for each
26 election of voters to whom it has issued temporarily absent
27 student ballots. The list shall be maintained for each
28 election jurisdiction within which such voters temporarily
29 abide. Immediately after the close of the period during
30 which application may be made by mail for absentee ballots,
31 each election authority shall mail to each other election
32 authority within the State a certified list of all such
33 voters temporarily abiding within the jurisdiction of the
34 other election authority.
SB938 Engrossed -63- SRS91S0028PMch
1 In the event that the return address of an application
2 for ballot by a physically incapacitated elector is that of a
3 facility licensed or certified under the Nursing Home Care
4 Act, within the jurisdiction of the election authority, and
5 the applicant is a registered voter in the precinct in which
6 such facility is located, the ballots shall be prepared and
7 transmitted to a responsible judge of election no later than
8 9 a.m. on the Saturday, Sunday or Monday immediately
9 preceding the election as designated by the election
10 authority under Section 19-12.2. Such judge shall deliver in
11 person on the designated day the ballot to the applicant on
12 the premises of the facility from which application was made.
13 The election authority shall by mail notify the applicant in
14 such facility that the ballot will be delivered by a judge of
15 election on the designated day.
16 All applications for absentee ballots shall be available
17 at the office of the election authority for public inspection
18 upon request from the time of receipt thereof by the election
19 authority until 30 days after the election, except during the
20 time such applications are kept in the office of the election
21 authority pursuant to Section 19-7, and except during the
22 time such applications are in the possession of the judges of
23 election.
24 (Source: P.A. 89-653, eff. 8-14-96; 90-101, eff. 7-11-97.)
25 Section 10. The School Code is amended by changing
26 Section 33-1 as follows:
27 (105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
28 Sec. 33-1. Board of Education - Election - Terms. In
29 all school districts, including special charter districts
30 having a population of 100,000 and not more than 500,000,
31 which adopt this Article, as hereinafter provided, there
32 shall be maintained a system of free schools in charge of a
SB938 Engrossed -64- SRS91S0028PMch
1 board of education, which shall be a body politic and
2 corporate by the name of "Board of Education of the City
3 of....". The board shall consist of 7 members elected by the
4 voters of the district. Except as provided in Section 33-1b
5 of this Act, the regular election for members of the board
6 shall be held on the first Tuesday of April in odd numbered
7 years and on the second third Tuesday of September March in
8 even numbered years. The law governing the registration of
9 voters for the primary election shall apply to the regular
10 election. At the first regular election 7 persons shall be
11 elected as members of the board. The person who receives the
12 greatest number of votes shall be elected for a term of 5
13 years. The 2 persons who receive the second and third
14 greatest number of votes shall be elected for a term of 4
15 years. The person who receives the fourth greatest number of
16 votes shall be elected for a term of 3 years. The 2 persons
17 who receive the fifth and sixth greatest number of votes
18 shall be elected for a term of 2 years. The person who
19 receives the seventh greatest number of votes shall be
20 elected for a term of 1 year. Thereafter, at each regular
21 election for members of the board, the successors of the
22 members whose terms expire in the year of election shall be
23 elected for a term of 5 years. All terms shall commence on
24 July 1 next succeeding the elections. Any vacancy occurring
25 in the membership of the board shall be filled by appointment
26 until the next regular election for members of the board.
27 In any school district which has adopted this Article, a
28 proposition for the election of board members by school board
29 district rather than at large may be submitted to the voters
30 of the district at the regular school election of any year in
31 the manner provided in Section 9-22. If the proposition is
32 approved by a majority of those voting on the propositions,
33 the board shall divide the school district into 7 school
34 board districts as provided in Section 9-22. At the regular
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1 school election in the year following the adoption of such
2 proposition, one member shall be elected from each school
3 board district, and the 7 members so elected shall, by lot,
4 determine one to serve for one year, 2 for 2 years, one for 3
5 years, 2 for 4 years, and one for 5 years. Thereafter their
6 respective successors shall be elected for terms of 5 years.
7 The terms of all incumbent members expire July 1 of the year
8 following the adoption of such a proposition.
9 Any school district which has adopted this Article may,
10 by referendum in accordance with Section 33-1a, adopt the
11 method of electing members of the board of education provided
12 in that Section.
13 Reapportionment of the voting districts provided for in
14 this Article or created pursuant to a court order, shall be
15 completed pursuant to Section 33-1c.
16 (Source: P.A. 82-1014; 86-1331.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.
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