|
Public Act 093-0847 |
HB0629 Enrolled |
LRB093 07319 BDD 07480 b |
|
|
AN ACT in relation to elections.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 5. The Election Code is amended by changing | Sections 4-8,
5-7,
6-35, 7-8, 7-9, 7-41, 9-1.5, 9-1.7, 9-1.8, | 9-1.9, 9-1.14, 9-9.5, 10-14, 12-5, 17-29, 19-2.2, 21-2, 22-1,
| 22-3, 22-7, 22-8, and 22-17 and by adding Section 1A-19 as
| follows:
| (10 ILCS 5/1A-19 new)
| Sec. 1A-19. Effect of extension of canvassing period on | terms of public offices and official acts. | (a) Notwithstanding any law to the contrary, if the | proclamation of election results for an elected office has not | been issued by the date of the commencement of the term of that | elected office because of the extension of canvassing periods | under this amendatory Act of the 93rd General Assembly, then | the term of the elected office shall commence on a date 14 days | after the proclamation of election results is issued for that | elected office. | (b) If subsection (a) applies to the commencement date of | an elected official's term, and if the elected official is | authorized or required by law to perform an official act by a | date occurring before the commencement of his or her term of | office, including but not limited to holding an organizational | meeting of the public body to which the public official is | elected, then notwithstanding any law to the contrary the date | by which the act shall be performed shall be a date 14 days | after the date otherwise established by law. | (c) Notwithstanding any other provision of this Section or | of this Code to the contrary, the terms of office for Supreme, | Appellate, and Circuit Judges commence on the first Monday in | December following their election or retention. Judicial |
| election results must be proclaimed before that date.
| (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
| Sec. 4-8. The county clerk shall provide a sufficient | number of blank
forms for the registration of electors, which | shall be known as
registration record cards and which shall | consist of loose leaf sheets
or cards, of suitable size to | contain in plain writing and figures the
data hereinafter | required thereon or shall consist of computer cards of
suitable | nature to contain the data required thereon. The registration | record
cards, which shall include an affidavit of registration | as hereinafter
provided, shall be executed in duplicate.
| The registration record card shall contain the following | and such
other information as the county clerk may think it | proper to require for
the identification of the applicant for | registration:
| Name. The name of the applicant, giving surname and first | or
Christian name in full, and the middle name or the initial | for such
middle name, if any.
| Sex.
| Residence. The name and number of the street, avenue, or | other location of
the dwelling, including the apartment, unit | or room number, if any, and in the
case of a mobile home the lot | number, and such additional clear and definite
description as | may be necessary to determine the exact location of the
| dwelling of the applicant. Where the location cannot be | determined by
street and number, then the section, | congressional township and range
number may be used, or such | other description as may be necessary,
including post-office | mailing address. In the case of a homeless individual,
the | individual's voting residence that is his or her mailing | address shall be
included on his or her registration record | card.
| Term of residence in the State of Illinois and precinct. | This
information shall be furnished by the applicant stating | the place or
places where he resided and the dates during which |
| he resided in such
place or places during the year next | preceding the date of the next
ensuing election.
| Nativity. The state or country in which the applicant was | born.
| Citizenship. Whether the applicant is native born or | naturalized. If
naturalized, the court, place, and date of | naturalization.
| Date of application for registration, i.e., the day, month | and year
when applicant presented himself for registration.
| Age. Date of birth, by month, day and year.
| Physical disability of the applicant, if any, at the time | of
registration, which would require assistance in voting.
| The county and state in which the applicant was last | registered.
| Signature of voter. The applicant, after the registration | and in the
presence of a deputy registrar or other officer of | registration shall be
required to sign his or her name in ink | to the affidavit on both the
original and duplicate | registration record cards.
| Signature of deputy registrar or officer of registration.
| In case applicant is unable to sign his name, he may affix | his mark
to the affidavit. In such case the officer empowered | to give the
registration oath shall write a detailed | description of the applicant in
the space provided on the back | or at the bottom of the card or sheet;
and shall ask the | following questions and record the answers thereto:
| Father's first name.
| Mother's first name.
| From what address did the applicant last register?
| Reason for inability to sign name.
| Each applicant for registration shall make an affidavit in
| substantially the following form:
| AFFIDAVIT OF REGISTRATION
| STATE OF ILLINOIS
| COUNTY OF .......
| I hereby swear (or affirm) that I am a citizen of the |
| United States;
that on the date of the next election I shall | have resided in the State
of Illinois and in the election | precinct in which I reside 30 days and
that I intend that this | location shall be my residence; that
I am fully qualified to | vote, and that the above statements are true.
| ..............................
| (His or her signature or mark)
| Subscribed and sworn to before me on (insert date).
| ..................................
| Signature of registration officer.
| (To be signed in presence of registrant.)
| Space shall be provided upon the face of each registration | record
card for the notation of the voting record of the person | registered
thereon.
| Each registration record card shall be numbered according | to
precincts, and may be serially or otherwise marked for | identification in
such manner as the county clerk may | determine.
| The registration cards shall be deemed public records and | shall be
open to inspection during regular business hours, | except during the 27
days immediately preceding any election. | On written request of any
candidate or objector or any person | intending to object to a petition, the
election authority shall | extend its hours for inspection of registration
cards and other | records of the election authority during the period
beginning | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| 28-3 and continuing through the termination of electoral board | hearings on
any objections to petitions containing signatures | of registered voters in
the jurisdiction of the election | authority. The extension shall be for a
period of hours | sufficient to allow adequate opportunity for examination of
the | records but the election authority is not required to extend | its hours
beyond the period beginning at its normal opening for | business and ending
at midnight. If the business hours are so | extended, the election authority
shall post a public notice of |
| such extended hours. Registration record
cards may also be | inspected, upon approval of the officer in charge of the
cards, | during the 27 days immediately preceding any election.
| Registration
record cards shall also be open to inspection by | certified judges and poll
watchers and challengers at the | polling place on election day, but only to
the extent necessary | to determine the question of the right of a person to
vote or | to serve as a judge of election. At no time shall poll watchers | or
challengers be allowed to physically handle the registration | record cards.
| Updated copies of computer tapes or computer discs or other | electronic data
processing information containing voter | registration information shall
be furnished by the county clerk | within 10 days after December 15 and
May
15 each year and | within 10 days after each registration
period is closed to the | State Board of Elections in a form
prescribed by the
Board. For | the purposes of this Section, a registration period is closed | 27
days before the date of any regular or special election. | Registration
information shall include, but not be limited to, | the
following information: name, sex, residence, telephone | number, if any,
age, party affiliation, if applicable, | precinct, ward, township,
county, and representative, | legislative and
congressional districts. In the event of | noncompliance, the State
Board of Elections is directed to | obtain compliance forthwith with this
nondiscretionary duty of | the election authority by instituting legal
proceedings in the | circuit court of the county in which the election
authority | maintains the registration information. The costs of | furnishing
updated copies of tapes or discs shall be paid at a | rate of $.00034 per
name of registered voters in the election | jurisdiction, but not less than
$50 per tape or disc and shall | be paid from appropriations made to the
State Board of | Elections for reimbursement to the election authority for
such | purpose. The State Board shall furnish copies of such tapes, | discs, other
electronic data or compilations thereof to state | political committees
registered pursuant to the Illinois |
| Campaign Finance Act or the Federal
Election Campaign Act and | to governmental entities, at their request and at a reasonable | cost. Copies of
the tapes, discs or other electronic data shall | be furnished by the county
clerk to local political committees | at their request and at a
reasonable cost.
To protect the | privacy and confidentiality of voter registration information,
| the disclosure
of electronic voter registration records to any | person or entity other than to a
State or local political
| committee and other than to a governmental entity for a | governmental
purpose is specifically prohibited. Copies of
the | tapes, discs, or other electronic data shall be furnished by | the county
clerk to local political committees and governmental | entities at their request and at a
reasonable cost.
Reasonable | cost of the tapes, discs, et cetera for
this purpose would be | the cost of duplication plus 15% for
administration. The | individual representing a political committee
requesting | copies of such tapes shall make a sworn affidavit that the
| information shall be used only for bona fide political | purposes,
including by or for candidates for office or | incumbent office holders.
Such tapes, discs or other electronic | data shall not be used under any
circumstances by any political | committee or individuals for purposes of
commercial | solicitation or other business purposes. If such tapes
contain | information on county residents related to the operations of
| county government in addition to registration information, | that
information shall not be used under any circumstances for | commercial
solicitation or other business purposes. The | prohibition in this
Section against using the computer tapes or | computer discs or other
electronic data processing information | containing voter registration
information for purposes of | commercial solicitation or other business
purposes shall be | prospective only from the effective date of this
amended Act of | 1979. Any person who violates this provision shall be
guilty of | a Class 4 felony.
| The State Board of Elections shall promulgate, by October | 1, 1987, such
regulations as may be necessary to ensure |
| uniformity throughout the State
in electronic data processing | of voter registration information. The
regulations shall | include, but need not be limited to, specifications for
uniform | medium, communications protocol and file structure to be | employed
by the election authorities of this State in the | electronic data processing
of voter registration information. | Each election authority utilizing
electronic data processing | of voter registration information shall comply
with such | regulations on and after May 15, 1988.
| If the applicant for registration was last registered in | another
county within this State, he shall also sign a | certificate authorizing
cancellation of the former | registration. The certificate shall be in
substantially the | following form:
| To the County Clerk of.... County, Illinois. (or)
| To the Election Commission of the City of ...., Illinois.
| This is to certify that I am registered in your (county) | (city) and
that my residence was ............................
| Having moved out of your (county) (city), I hereby authorize | you to
cancel said registration in your office.
| Dated at ...., Illinois, on (insert date).
| .................................
| (Signature of Voter)
| Attest: ................, County Clerk, .............
| County, Illinois.
| The cancellation certificate shall be mailed immediately | by the
County Clerk to the County Clerk (or election commission | as the case may
be) where the applicant was formerly | registered. Receipt of such
certificate shall be full authority | for cancellation of any previous
registration.
| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; | 93-574, eff.
8-21-03 .)
| (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
| Sec. 5-7. The county clerk shall provide a sufficient | number of
blank forms for the registration of electors which |
| shall be known as
registration record cards and which shall | consist of loose leaf sheets
or cards, of suitable size to | contain in plain writing and figures the
data hereinafter | required thereon or shall consist of computer cards of
suitable | nature to contain the data required thereon. The registration
| record cards, which shall include an affidavit of registration | as
hereinafter provided, shall be executed in duplicate.
| The registration record card shall contain the following | and such
other information as the county clerk may think it | proper to require for
the identification of the applicant for | registration:
| Name. The name of the applicant, giving surname and first | or
Christian name in full, and the middle name or the initial | for such
middle name, if any.
| Sex.
| Residence. The name and number of the street, avenue, or | other
location of the dwelling, including the apartment, unit | or room number,
if any, and in the case of a mobile home the lot | number, and such additional
clear and definite description as | may be necessary to determine the exact
location of the | dwelling of the applicant, including post-office mailing
| address. In the case of a homeless individual, the individual's | voting
residence that is his or her mailing address shall be | included on his or her
registration record card.
| Term of residence in the State of Illinois and the | precinct. Which
questions may be answered by the applicant | stating, in excess of 30 days
in the State and in excess of 30 | days in the precinct.
| Nativity. The State or country in which the applicant was | born.
| Citizenship. Whether the applicant is native born or | naturalized. If
naturalized, the court, place and date of | naturalization.
| Date of application for registration, i.e., the day, month | and year
when applicant presented himself for registration.
| Age. Date of birth, by month, day and year.
|
| Physical disability of the applicant, if any, at the time | of
registration, which would require assistance in voting.
| The county and state in which the applicant was last | registered.
| Signature of voter. The applicant, after the registration | and in the
presence of a deputy registrar or other officer of | registration shall be
required to sign his or her name in ink | to the affidavit on the original
and duplicate registration | record card.
| Signature of Deputy Registrar.
| In case applicant is unable to sign his name, he may affix | his mark
to the affidavit. In such case the officer empowered | to give the
registration oath shall write a detailed | description of the applicant in
the space provided at the | bottom of the card or sheet; and shall ask the
following | questions and record the answers thereto:
| Father's first name .......................
| Mother's first name .......................
| From what address did you last register?
| Reason for inability to sign name.
| Each applicant for registration shall make an affidavit in
| substantially the following form:
| AFFIDAVIT OF REGISTRATION
| State of Illinois)
| )ss
| County of )
| I hereby swear (or affirm) that I am a citizen of the | United States;
that on the date of the next election I shall | have resided in the State
of Illinois and in the election | precinct in which I reside 30 days; that
I am fully qualified | to vote. That I intend that this location shall be
my residence | and that the above statements are true.
| ..............................
| (His or her signature or mark)
| Subscribed and sworn to before me on (insert date).
| .........................................
|
| Signature of Registration Officer.
| (To be signed in presence of Registrant.)
| Space shall be provided upon the face of each registration | record
card for the notation of the voting record of the person | registered
thereon.
| Each registration record card shall be numbered according | to towns
and precincts, wards, cities and villages, as the case | may be, and may
be serially or otherwise marked for | identification in such manner as the
county clerk may | determine.
| The registration cards shall be deemed public records and | shall be
open to inspection during regular business hours, | except during the 27
days immediately preceding any election. | On written request of any
candidate or objector or any person | intending to object to a petition, the
election authority shall | extend its hours for inspection of registration
cards and other | records of the election authority during the period
beginning | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| 28-3 and continuing through the termination of electoral board | hearings on
any objections to petitions containing signatures | of registered voters in
the jurisdiction of the election | authority. The extension shall be for a
period of hours | sufficient to allow adequate opportunity for examination of
the | records but the election authority is not required to extend | its hours
beyond the period beginning at its normal opening for | business and ending
at midnight. If the business hours are so | extended, the election authority
shall post a public notice of | such extended hours. Registration record cards
may also be | inspected, upon approval of the officer in charge of the cards,
| during the 27 days immediately preceding any election. | Registration
record
cards shall also be open to inspection by | certified judges and poll watchers
and challengers at the | polling place on election day, but only to the extent
necessary | to determine the question of the right of a person to vote or | to
serve as a judge of election. At no time shall poll watchers |
| or challengers be
allowed to physically handle the registration | record cards.
| Updated copies of computer tapes or computer discs or other | electronic data
processing information containing voter | registration information shall
be furnished by the county clerk | within 10 days after December 15 and
May
15 each year and | within 10 days after each registration
period is closed to the | State Board of Elections in a form
prescribed by the
Board. For | the purposes of this Section, a registration period is closed | 27
days before the date of any regular or special election. | Registration
information
shall include, but not be limited to, | the
following information: name, sex, residence, telephone | number, if any, age,
party affiliation, if applicable, | precinct, ward, township, county, and
representative, | legislative and congressional districts. In the event of
| noncompliance, the State Board of Elections is directed to | obtain compliance
forthwith with this nondiscretionary duty of | the election authority by
instituting legal proceedings in the | circuit court of the county in which the
election authority | maintains the registration information. The costs of
| furnishing updated copies of tapes or discs shall be paid at a | rate of $.00034
per name of registered voters in the election | jurisdiction, but not less than
$50 per tape or disc and shall | be paid from appropriations made to the State
Board of | Elections for reimbursement to the election authority for such
| purpose. The State Board shall furnish copies of such tapes, | discs, other electronic
data or compilations thereof to state | political committees registered pursuant
to the Illinois | Campaign Finance Act or the Federal Election Campaign Act and | to governmental entities, at
their request and at a reasonable | cost.
To protect the privacy and confidentiality of voter | registration information,
the disclosure
of electronic voter | registration records to any person or entity other than to a
| State or local political
committee and other than to a | governmental entity for a governmental
purpose
is specifically | prohibited.
Copies of the tapes, discs or other
electronic data |
| shall be furnished by the county clerk to local political
| committees and governmental entities at their request and at a | reasonable cost. Reasonable cost of the
tapes, discs, et cetera | for this purpose would be the cost of duplication plus
15% for | administration. The individual representing a political | committee
requesting copies of such tapes shall make a sworn | affidavit that the
information shall be used only for bona fide | political purposes,
including by or for candidates for office | or incumbent office holders.
Such tapes, discs or other | electronic data shall not be used under any
circumstances by | any political committee or individuals for purposes of
| commercial solicitation or other business purposes. If such | tapes
contain information on county residents related to the | operations of
county government in addition to registration | information, that
information shall not be used under any | circumstances for commercial
solicitation or other business | purposes. The prohibition in this
Section against using the | computer tapes or computer discs or other
electronic data | processing information containing voter registration
| information for purposes of commercial solicitation or other | business
purposes shall be prospective only from the effective | date of this
amended Act of 1979. Any person who violates this | provision shall be
guilty of a Class 4 felony.
| The State Board of Elections shall promulgate, by October | 1, 1987, such
regulations as may be necessary to ensure | uniformity throughout the State
in electronic data processing | of voter registration information. The
regulations shall | include, but need not be limited to, specifications for
uniform | medium, communications protocol and file structure to be | employed
by the election authorities of this State in the | electronic data processing
of voter registration information. | Each election authority utilizing
electronic data processing | of voter registration information shall comply
with such | regulations on and after May 15, 1988.
| If the applicant for registration was last registered in | another
county within this State, he shall also sign a |
| certificate authorizing
cancellation of the former | registration. The certificate shall be in
substantially the | following form:
| To the County Clerk of .... County, Illinois. To the Election
| Commission of the City of ...., Illinois.
| This is to certify that I am registered in your (county) | (city) and
that my residence was .....
| Having moved out of your (county) (city), I hereby | authorize you to
cancel said registration in your office.
| Dated at .... Illinois, on (insert date).
| ....................
| (Signature of Voter)
| Attest ......, County Clerk, ........ County, Illinois.
| The cancellation certificate shall be mailed immediately | by the
county clerk to the county clerk (or election commission | as the case may
be) where the applicant was formerly | registered. Receipt of such
certificate shall be full authority | for cancellation of any previous
registration.
| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; | 93-574, eff.
8-21-03.)
| (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
| Sec. 6-35. The Boards of Election Commissioners shall | provide a
sufficient number of blank forms for the registration | of electors which
shall be known as registration record cards | and which shall consist of
loose leaf sheets or cards, of | suitable size to contain in plain writing
and figures the data | hereinafter required thereon or shall consist of computer
cards | of suitable nature to contain the data required thereon. The | registration
record cards, which shall include an affidavit of | registration as
hereinafter provided, shall be executed in | duplicate. The duplicate of
which may be a carbon copy of the | original or a copy of the original
made by the use of other | method or material used for making simultaneous
true copies or | duplications.
| The registration record card shall contain the following |
| and such
other information as the Board of Election | Commissioners may think it
proper to require for the | identification of the applicant for
registration:
| Name. The name of the applicant, giving surname and first | or
Christian name in full, and the middle name or the initial | for such
middle name, if any.
| Sex.
| Residence. The name and number of the street, avenue, or | other
location of the dwelling, including the apartment, unit | or room number,
if any, and in the case of a mobile home the lot | number, and such additional
clear and definite description as | may be necessary to determine the exact
location of the | dwelling of the applicant, including post-office mailing
| address. In the case of a homeless individual, the individual's | voting
residence that is his or her mailing address shall be | included on his or her
registration record card.
| Term of residence in the State of Illinois and the | precinct.
| Nativity. The state or country in which the applicant was | born.
| Citizenship. Whether the applicant is native born or | naturalized. If
naturalized, the court, place, and date of | naturalization.
| Date of application for registration, i.e., the day, month | and year
when the applicant presented himself for registration.
| Age. Date of birth, by month, day and year.
| Physical disability of the applicant, if any, at the time | of
registration, which would require assistance in voting.
| The county and state in which the applicant was last | registered.
| Signature of voter. The applicant, after registration and | in the
presence of a deputy registrar or other officer of | registration shall be
required to sign his or her name in ink | to the affidavit on both the
original and the duplicate | registration record card.
| Signature of deputy registrar.
|
| In case applicant is unable to sign his name, he may affix | his mark
to the affidavit. In such case the registration | officer shall write a
detailed description of the applicant in | the space provided at the
bottom of the card or sheet; and | shall ask the following questions and
record the answers | thereto:
| Father's first name .........................
| Mother's first name .........................
| From what address did you last register? ....
| Reason for inability to sign name ...........
| Each applicant for registration shall make an affidavit in
| substantially the following form:
| AFFIDAVIT OF REGISTRATION
| State of Illinois )
| )ss
| County of ....... )
| I hereby swear (or affirm) that I am a citizen of the | United States,
that on the day of the next election I shall | have resided in the State
of Illinois and in the election | precinct 30 days and that I intend that
this location is my | residence; that I am fully qualified to
vote, and that the | above statements are true.
| ..............................
| (His or her signature or mark)
| Subscribed and sworn to before me on (insert date).
| ......................................
| Signature of registration officer
| (to be signed in presence of registrant).
| Space shall be provided upon the face of each registration | record
card for the notation of the voting record of the person | registered
thereon.
| Each registration record card shall be numbered according | to wards or
precincts, as the case may be, and may be serially | or otherwise marked
for identification in such manner as the | Board of Election Commissioners
may determine.
| The registration cards shall be deemed public records and |
| shall be
open to inspection during regular business hours, | except during the 27
days immediately preceding any election. | On written request of any
candidate or objector or any person | intending to object to a petition, the
election authority shall | extend its hours for inspection of registration
cards and other | records of the election authority during the period
beginning | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| 28-3 and continuing through the termination of electoral board | hearings on
any objections to petitions containing signatures | of registered voters in
the jurisdiction of the election | authority. The extension shall be for a
period of hours | sufficient to allow adequate opportunity for examination of
the | records but the election authority is not required to extend | its hours
beyond the period beginning at its normal opening for | business and ending
at midnight. If the business hours are so | extended, the election authority
shall post a public notice of | such extended hours. Registration record cards
may also be | inspected, upon approval of the officer in charge of the cards,
| during the 27 days immediately preceding any election. | Registration
record
cards shall also be open to inspection by | certified judges and poll watchers
and challengers at the | polling place on election day, but only to the extent
necessary | to determine the question of the right of a person to vote or | to
serve as a judge of election. At no time shall poll watchers | or challengers be
allowed to physically handle the registration | record cards.
| Updated copies of computer tapes or computer discs or other | electronic data
processing information containing voter | registration information shall
be furnished by the Board of | Election Commissioners within 10 days after
December 15 and May | 15 each year and within 10
days after each registration period | is closed to the State Board
of Elections in a
form prescribed | by the State Board. For the purposes of this Section, a
| registration period is closed 27 days before the date of any | regular
or special
election. Registration information shall
| include, but not be limited to, the following information: |
| name, sex,
residence, telephone number, if any, age, party | affiliation, if
applicable, precinct, ward, township, county, | and representative,
legislative and congressional districts. | In the event of noncompliance,
the State Board of Elections is | directed to obtain compliance forthwith
with this | nondiscretionary duty of the election authority by instituting
| legal proceedings in the circuit court of the county in which | the election
authority maintains the registration information. | The costs of furnishing
updated copies of tapes or discs shall | be paid at a rate of $.00034
per name of registered voters in | the election jurisdiction, but not less
than $50 per tape or | disc and shall be paid from appropriations made to the
State | Board of Elections for reimbursement to the election authority | for
such purpose. The State Board shall furnish copies of such | tapes, discs,
other electronic data or compilations thereof to | state political committees
registered pursuant to the Illinois | Campaign Finance Act or the Federal
Election Campaign Act and | to governmental entities, at their request and at a reasonable | cost.
To protect the privacy and confidentiality of voter | registration information,
the disclosure
of electronic voter | registration records to any person or entity other than to a
| State or local political
committee and other than to a | governmental entity for a governmental
purpose is specifically | prohibited.
Copies of the
tapes, discs or other electronic data | shall be furnished by the Board of
Election Commissioners to | local political committees and governmental entities at their | request and at a
reasonable cost. Reasonable cost of the tapes, | discs, et cetera for
this purpose would be the cost of | duplication plus 15% for
administration. The individual | representing a political committee
requesting copies of such | tapes shall make a sworn affidavit that the
information shall | be used only for bona fide political purposes,
including by or | for candidates for office or incumbent office holders.
Such | tapes, discs or other electronic data shall not be used under | any
circumstances by any political committee or individuals for | purposes of
commercial solicitation or other business |
| purposes. If such tapes
contain information on county residents | related to the operations of
county government in addition to | registration information, that
information shall not be used | under any circumstances for commercial
solicitation or other | business purposes. The prohibition in this
Section against | using the computer tapes or computer discs or other
electronic | data processing information containing voter registration
| information for purposes of commercial solicitation or other | business
purposes shall be prospective only from the effective | date of this
amended Act of 1979. Any person who violates this | provision shall be
guilty of a Class 4 felony.
| The State Board of Elections shall promulgate, by October | 1, 1987, such
regulations as may be necessary to ensure | uniformity throughout the State
in electronic data processing | of voter registration information. The
regulations shall | include, but need not be limited to, specifications for
uniform | medium, communications protocol and file structure to be | employed
by the election authorities of this State in the | electronic data processing
of voter registration information. | Each election authority utilizing
electronic data processing | of voter registration information shall comply
with such | regulations on and after May 15, 1988.
| If the applicant for registration was last registered in | another
county within this State, he shall also sign a | certificate authorizing
cancellation of the former | registration. The certificate shall be in
substantially the | following form:
| To the County Clerk of .... County, Illinois.
| To the Election Commission of the City of ...., Illinois.
| This is to certify that I am registered in your (county) | (city) and
that my residence was ..... Having moved out of your | (county), (city), I
hereby authorize you to cancel that | registration in your office.
| Dated at ...., Illinois, on (insert date).
| ....................
| (Signature of Voter)
|
| Attest ...., Clerk, Election Commission of the City of....,
| Illinois.
| The cancellation certificate shall be mailed immediately | by the clerk
of the Election Commission to the county clerk, | (or Election Commission
as the case may be) where the applicant | was formerly registered. Receipt
of such certificate shall be | full authority for cancellation of any
previous registration.
| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; | 93-574, eff.
8-21-03 .)
| (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
| Sec. 7-8. The State central committee shall be composed of | one or two
members from each congressional district in the | State and shall be elected as
follows:
| State Central Committee
| (a) Within 30 days after the effective date of this | amendatory Act of
1983 the State central committee of each | political party shall certify to
the State Board of Elections | which of the following alternatives it wishes
to apply to the | State central committee of that party.
| Alternative A. At the primary held on the third Tuesday in
| March 1970, and at the primary held every 4 years thereafter, | each primary
elector may vote for one candidate of his party | for member of the State
central committee for the congressional | district in which he resides.
The candidate receiving the | highest number of votes shall be declared
elected State central | committeeman from the district. A political party
may, in lieu | of the foregoing, by a majority vote of delegates at any State
| convention of such party, determine to thereafter elect the | State central
committeemen in the manner following:
| At the county convention held by such political party State | central
committeemen shall be elected in the same manner as | provided in this
Article for the election of officers of the | county central committee, and
such election shall follow the | election of officers of the county central
committee. Each | elected ward, township or precinct committeeman shall cast
as |
| his vote one vote for each ballot voted in his ward, township, | part of a
township or precinct in the last preceding primary | election of his
political party. In the case of a county lying | partially within one
congressional district and partially | within another congressional district,
each ward, township or | precinct committeeman shall vote only with respect
to the | congressional district in which his ward, township, part of a
| township or precinct is located. In the case of a congressional | district
which encompasses more than one county, each ward, | township or precinct
committeeman residing within the | congressional district shall cast as his
vote one vote for each | ballot voted in his ward, township, part of a
township or | precinct in the last preceding primary election of his
| political party for one candidate of his party for member of | the State
central committee for the congressional district in | which he resides and
the Chairman of the county central | committee shall report the results of
the election to the State | Board of Elections. The State Board of Elections
shall certify | the candidate receiving the highest number of votes elected
| State central committeeman for that congressional district.
| The State central committee shall adopt rules to provide | for and govern
the procedures to be followed in the election of | members of the State central
committee.
| After the
effective date of this amendatory Act of the 91st | General
Assembly, whenever a vacancy occurs in the office of | Chairman of a State
central committee, or at the end of the | term of office of Chairman, the State
central committee of each | political party that has selected Alternative A shall
elect a | Chairman who shall not be required to be a member of the State | Central
Committee. The Chairman shall be a
registered voter in | this State and of the same political party as the State
central | committee.
| Alternative B. Each congressional committee shall, within | 30 days after
the adoption of this alternative, appoint a | person of the sex opposite that
of the incumbent member for | that congressional district to serve as an
additional member of |
| the State central committee until his or her successor
is | elected at the general primary election in 1986. Each | congressional
committee shall make this appointment by voting | on the basis set forth in
paragraph (e) of this Section. In | each congressional district at the
general primary election | held in 1986 and every 4 years thereafter, the
male candidate | receiving the highest number of votes of the party's male
| candidates for State central committeeman, and the female | candidate
receiving the highest number of votes of the party's | female candidates for
State central committeewoman, shall be | declared elected State central
committeeman and State central | committeewoman from the district. At the
general primary | election held in 1986 and every 4 years thereafter, if all a
| party's candidates for State central committeemen or State | central
committeewomen from a congressional district are of the | same sex, the candidate
receiving the highest number of votes | shall be declared elected a State central
committeeman or State | central committeewoman from the district, and, because of
a | failure to elect one male and one female to the committee, a | vacancy shall be
declared to exist in the office of the second | member of the State central
committee from the district. This | vacancy shall be filled by appointment by
the congressional | committee of the political party, and the person appointed to
| fill the vacancy shall be a resident of the congressional | district and of the
sex opposite that of the committeeman or | committeewoman elected at the general
primary election. Each | congressional committee shall make this appointment by
voting | on the basis set forth in paragraph (e) of this Section.
| The Chairman of a State central committee composed as | provided in this
Alternative B must be selected from the | committee's members.
| Except as provided for in Alternative A with respect to the | selection of
the Chairman of the State central committee, under | both of the foregoing
alternatives, the
State
central
committee | of each political party shall be composed of members elected
or | appointed from the several congressional districts of the |
| State,
and of no other person or persons whomsoever. The | members of the State
central committee shall, within 30 days | after each quadrennial election of
the full committee, meet in | the city of Springfield and organize
by electing a chairman, | and may at such time
elect such officers from among their own | number (or otherwise), as they
may deem necessary or expedient. | The outgoing chairman of the State
central committee of the | party shall, 10 days before the meeting, notify
each member of | the State central committee elected at the primary of the
time | and place of such meeting. In the organization and proceedings | of
the State central committee, each State central committeeman | and State
central committeewoman shall have one vote for each | ballot voted in his or her
congressional district by the | primary electors of his or her party at the
primary election | immediately preceding the meeting of the State central
| committee. Whenever a vacancy occurs in the State central | committee of any
political party, the vacancy shall be filled | by appointment of
the chairmen of the county central committees | of the
political party
of the counties located within the | congressional district in which the vacancy
occurs and,
if | applicable, the ward and township committeemen of the
political
| party in counties of 2,000,000 or more inhabitants located | within the
congressional
district. If the congressional | district in which the vacancy occurs lies
wholly within a
| county of 2,000,000 or more inhabitants, the ward and township | committeemen
of the political party in that congressional | district shall vote to fill the
vacancy. In voting to fill the | vacancy, each chairman of a county central
committee and
each | ward and township committeeman in counties of 2,000,000
or
more | inhabitants shall have one vote for each ballot voted in each | precinct of
the congressional district in which the vacancy | exists of
his or her
county, township, or ward cast by the | primary electors of his or her party
at the
primary election | immediately preceding the meeting to fill the vacancy in the
| State
central committee. The person appointed to fill the | vacancy shall be a
resident of the
congressional district in |
| which the vacancy occurs, shall be a qualified voter,
and, in a | committee composed as provided in Alternative B, shall be of | the
same
sex as his or her
predecessor. A political party may, | by a majority vote of the
delegates of any State convention of | such party, determine to return
to the election of State | central committeeman and State central
committeewoman by the | vote of primary electors.
Any action taken by a political party | at a State convention in accordance
with this Section shall be | reported to the State Board of Elections by the
chairman and | secretary of such convention within 10 days after such action.
| Ward, Township and Precinct Committeemen
| (b) At the primary held on the third Tuesday in March, | 1972, and
every 4 years thereafter, each primary elector in | cities having a
population of 200,000 or over may vote for one | candidate of his party in
his ward for ward committeeman. Each | candidate for ward committeeman
must be a resident of and in | the ward where he seeks to be elected ward
committeeman. The | one having the highest number of votes shall be such
ward | committeeman of such party for such ward. At the primary | election
held on the third Tuesday in March, 1970, and every 4 | years thereafter,
each primary elector in counties containing a | population of 2,000,000 or
more, outside of cities containing a | population of 200,000 or more, may
vote for one candidate of | his party for township committeeman. Each
candidate for | township committeeman must be a resident of and in the
township | or part of a township (which lies outside of a city having a
| population of 200,000 or more, in counties containing a | population of
2,000,000 or more), and in which township or part | of a township he seeks
to be elected township committeeman. The | one having the highest number
of votes shall be such township | committeeman of such party for such
township or part of a | township. At the primary held on the third Tuesday
in March, | 1970 and every 2 years thereafter, each primary elector,
except | in counties having a population of 2,000,000 or over, may vote
| for one candidate of his party in his precinct for precinct
| committeeman. Each candidate for precinct committeeman must be |
| a bona
fide resident of the precinct where he seeks to be | elected precinct
committeeman. The one having the highest | number of votes shall be such
precinct committeeman of such | party for such precinct. The official
returns of the primary | shall show the name of the committeeman of each
political | party.
| Terms of Committeemen. All precinct committeemen elected | under the
provisions of this Article shall continue as such | committeemen until the
date of the primary to be held in the | second year after their election.
Except as otherwise provided | in this Section for certain State central
committeemen who have | 2 year terms, all State central committeemen, township
| committeemen and ward committeemen shall continue as such | committeemen
until the date of primary to be held in the fourth | year after their
election. However, a vacancy exists in the | office of precinct committeeman
when a precinct committeeman | ceases to reside in the precinct in which he
was elected and | such precinct committeeman shall thereafter neither have
nor | exercise any rights, powers or duties as committeeman in that | precinct,
even if a successor has not been elected or | appointed.
| (c) The Multi-Township Central Committee shall consist of | the precinct
committeemen of such party, in the multi-township | assessing district formed
pursuant to Section 2-10 of the | Property Tax Code and shall be organized for the purposes set | forth in Section
45-25 of the Township Code. In the | organization and proceedings of the
Multi-Township Central | Committee each precinct committeeman shall have one vote
for | each ballot voted in his precinct by the primary electors of | his party at
the primary at which he was elected.
| County Central Committee
| (d) The county central committee of each political party in | each
county shall consist of the various township committeemen, | precinct
committeemen and ward committeemen, if any, of such | party in the county.
In the organization and proceedings of the | county central committee,
each precinct committeeman shall |
| have one vote for each ballot voted in
his precinct by the | primary electors of his party at the primary at
which he was | elected; each township committeeman shall have one vote for
| each ballot voted in his township or part of a township as the | case may
be by the primary electors of his party at the primary | election
for the nomination of candidates for election to the | General Assembly
immediately preceding the meeting of the | county central committee; and
in the organization and | proceedings of the county central committee,
each ward | committeeman shall have one vote for each ballot voted in his
| ward by the primary electors of his party at the primary | election
for the nomination of candidates for election to the | General Assembly
immediately preceding the meeting of the | county central committee.
| Cook County Board of Review Election District Committee
| (d-1) Each board of review election district committee of | each political
party in Cook County shall consist of the
| various township committeemen and ward committeemen, if any, of | that party in
the portions of the county composing the board of | review election district. In
the organization and proceedings | of each of the 3 election
district committees, each township | committeeman shall have one vote for each
ballot voted in his | or her township or part of a township, as the case may be,
by
| the primary electors of his or her party at the primary | election immediately
preceding the meeting of the board of | review election district committee; and
in the organization and | proceedings of each of the 3 election district
committees, each | ward committeeman shall have one vote for each
ballot voted in
| his or her ward or part of that ward, as the case may be, by the | primary
electors of his or her party at the primary election | immediately preceding the
meeting of the board of review | election district committee.
| Congressional Committee
| (e) The congressional committee of each party in each | congressional
district shall be composed of the chairmen of the | county central
committees of the counties composing the |
| congressional district, except
that in congressional districts | wholly within the territorial limits of
one county, or partly | within 2 or more counties, but not coterminous
with the county | lines of all of such counties, the precinct
committeemen, | township committeemen and ward committeemen, if any, of
the | party representing the precincts within the limits of the
| congressional district, shall compose the congressional | committee. A
State central committeeman in each district shall | be a member and the
chairman or, when a district has 2 State | central committeemen, a co-chairman
of the congressional | committee, but shall not have the right to
vote except in case | of a tie.
| In the organization and proceedings of congressional | committees
composed of precinct committeemen or township | committeemen or ward
committeemen, or any combination thereof, | each precinct committeeman
shall have one vote for each ballot | voted in his precinct by the primary
electors of his party at | the primary at which he was elected, each
township committeeman | shall have one vote for each ballot voted in his
township or | part of a township as the case may be by the primary
electors | of his party at the primary election immediately preceding the
| meeting of the congressional committee, and each ward | committeeman shall
have one vote for each ballot voted in each | precinct of his ward located
in such congressional district by | the primary electors of his party at
the primary election | immediately preceding the meeting of the
congressional | committee; and in the organization and proceedings of
| congressional committees composed of the chairmen of the county | central
committees of the counties within such district, each | chairman of such
county central committee shall have one vote | for each ballot voted in
his county by the primary electors of | his party at the primary election
immediately preceding the | meeting of the congressional committee.
| Judicial District Committee
| (f) The judicial district committee of each political party | in each
judicial district shall be composed of the chairman of |
| the county
central committees of the counties composing the | judicial district.
| In the organization and proceedings of judicial district | committees
composed of the chairmen of the county central | committees of the
counties within such district, each chairman | of such county central
committee shall have one vote for each | ballot voted in his county by the
primary electors of his party | at the primary election immediately
preceding the meeting of | the judicial district committee.
| Circuit Court Committee
| (g) The circuit court committee of each political party in | each
judicial circuit outside Cook County shall be composed of | the chairmen
of the county central committees of the counties | composing the judicial
circuit.
| In the organization and proceedings of circuit court | committees, each
chairman of a county central committee shall | have one vote for each
ballot voted in his county by the | primary electors of his party at the
primary election | immediately preceding the meeting of the circuit court
| committee.
| Judicial Subcircuit Committee
| (g-1) The judicial subcircuit committee of each political | party in
each judicial subcircuit in a judicial circuit divided | into subcircuits
shall be composed of (i) the ward and township | committeemen
of the townships and wards composing the judicial | subcircuit in Cook County and
(ii) the precinct committeemen of | the precincts
composing the judicial subcircuit in any county | other than Cook County.
| In the organization and proceedings of each judicial | subcircuit committee,
each township committeeman shall have | one vote for each ballot voted in his
township or part of a | township, as the case may be, in the judicial
subcircuit by the | primary electors of his party at the primary election
| immediately preceding the meeting of the judicial subcircuit | committee;
each precinct committeeman shall have one vote for | each ballot voted in his
precinct or part of a precinct, as the |
| case may be, in the judicial subcircuit
by the primary electors | of his party at the primary election immediately
preceding the | meeting of the judicial subcircuit committee;
and
each ward | committeeman shall have one vote for each ballot voted in his
| ward or part of a ward, as the case may be, in the judicial | subcircuit by
the primary electors of his party at the primary | election immediately
preceding the meeting of the judicial | subcircuit committee.
| Municipal Central Committee
| (h) The municipal central committee of each political party | shall be
composed of the precinct, township or ward | committeemen, as the case may
be, of such party representing | the precincts or wards, embraced in such
city, incorporated | town or village. The voting strength of each
precinct, township | or ward committeeman on the municipal central
committee shall | be the same as his voting strength on the county central
| committee.
| For political parties, other than a statewide political | party,
established only within a municipality or
township, the | municipal or township managing committee shall be composed
of | the party officers of the local established party. The party | officers
of a local established party shall be as follows: the | chairman and
secretary of the caucus for those municipalities | and townships authorized
by statute to nominate candidates by | caucus shall serve as party officers
for the purpose of filling | vacancies in nomination under Section
7-61; for municipalities | and townships authorized by statute or ordinance
to nominate | candidates by petition and primary election, the party officers
| shall be the party's candidates who are nominated at the | primary. If no party
primary was held because of the provisions | of Section 7-5, vacancies in
nomination shall be filled by the | party's remaining candidates who shall
serve as the party's | officers.
| Powers
| (i) Each committee and its officers shall have the powers | usually
exercised by such committees and by the officers |
| thereof, not
inconsistent with the provisions of this Article. | The several committees
herein provided for shall not have power | to delegate any of their
powers, or functions to any other | person, officer or committee, but this
shall not be construed | to prevent a committee from appointing from its
own membership | proper and necessary subcommittees.
| (j) The State central committee of a political party which | elects it
members by Alternative B under paragraph (a) of this | Section shall adopt a
plan to give effect to the delegate | selection rules of the national political
party and file a copy | of such plan with the State Board of Elections when
approved by | a national political party.
| (k) For the purpose of the designation of a proxy by a | Congressional
Committee to vote in place of an
absent State | central committeeman or committeewoman at meetings of the
State | central committee of a political party which elects its members | by
Alternative B under paragraph (a) of this Section, the proxy | shall be
appointed by the vote of the ward and township | committeemen, if any, of the
wards and townships which lie | entirely or partially within the
Congressional District from | which the absent State central committeeman or
committeewoman | was elected and the vote of the chairmen of the county
central | committees of those counties which lie entirely or partially | within
that Congressional District and in which there are no | ward or township
committeemen. When voting for such proxy the | county chairman, ward
committeeman or township committeeman, | as the case may be shall have one
vote for each ballot voted in | his county, ward or township, or portion
thereof within the | Congressional District, by the primary electors of his
party at | the primary at which he was elected. However, the absent State
| central committeeman or committeewoman may designate a proxy | when permitted
by the rules of a political party which elects | its members by Alternative B
under paragraph (a) of this | Section.
| Notwithstanding any law to the contrary, a person is | ineligible to hold the position of committeeperson in any |
| committee established pursuant to this Section if he or she is | statutorily ineligible to vote in a general election because of | conviction of a felony. When a committeeperson is convicted of | a felony, the position occupied by that committeeperson shall | automatically become vacant.
| (Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03; | revised
9-22-03.)
| (10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
| Sec. 7-9. County central committee; county and State | conventions.
| (a) On the 29th day
second Monday next succeeding the | primary at which
committeemen are elected, the county central | committee of each political
party shall meet within
at the | county seat of the proper county and proceed to
organize by | electing from its own number a chairman and either from its
own | number, or otherwise, such other officers as such committee may | deem
necessary or expedient. Such meeting of the county central | committee
shall be known as the county convention.
| The chairman of each county committee shall within 10 days | after the
organization, forward to the State Board of | Elections, the names and
post office addresses of the officers, | precinct committeemen and
representative committeemen elected | by his political party.
| The county convention of each political party shall choose | delegates
to the State convention of its party; but in any | county having within
its limits any city having a population of | 200,000, or over the
delegates from such city shall be chosen | by wards, the ward committeemen
from the respective wards | choosing the number of delegates to which such
ward is entitled | on the basis prescribed in paragraph (e) of this
Section such | delegates to be members of the delegation to the State
| convention from such county. In all counties containing a | population of
2,000,000 or more outside of cities having a | population of 200,000 or
more, the delegates from each of the | townships or parts of townships as
the case may be shall be |
| chosen by townships or parts of townships as
the case may be, | the township committeemen from the respective townships
or | parts of townships as the case may be choosing the number of
| delegates to which such townships or parts of townships as the | case may
be are entitled, on the basis prescribed in paragraph | (e) of this
Section such delegates to be members of the | delegation to the State
convention from such county.
| Each member of the State Central Committee of a political | party which
elects its members by Alternative B under paragraph | (a) of Section 7-8
shall be a delegate to the State Convention, | ex officio.
| Each member of the State Central Committee of a political | party which
elects its members by Alternative B under paragraph | (a) of Section 7-8 may
appoint 2 delegates to the State | Convention who must be residents of the
member's Congressional | District.
| (b) State conventions shall be held within 180 days after | the
general primary in the year 2000 and every 4 years | thereafter. In the year 1998, and every 4 years thereafter,
the | chairman of a State central committee may issue a call for a | State
convention within 180 days after the general primary.
| The State
convention of each political party has power to | make
nominations of candidates of its political party for the | electors of
President and Vice President of the United States, | and to adopt any party
platform, and, to the
extent determined | by the State central committee as provided in Section
7-14, to | choose and select delegates and alternate delegates at large to
| national nominating conventions. The State Central Committee | may adopt
rules to provide for and govern the procedures of the | State convention.
| (c) The chairman and secretary of each State convention | shall,
within 2 days thereafter, transmit to the State Board of | Elections of
this State a certificate setting forth the names | and addresses of all
persons nominated by such State convention | for electors of President and
Vice President of the United | States, and of any persons selected by the State
convention for
|
| delegates and alternate delegates at large to national | nominating
conventions; and the names of such candidates so | chosen by such State
convention for electors of President and | Vice President of the United
States, shall be caused by
the | State Board of Elections to be printed upon the official ballot | at
the general election, in the manner required by law, and | shall be
certified to the various county clerks of the proper | counties in the
manner as provided in Section 7-60 of this | Article 7 for the certifying
of the names of persons nominated | by any party for State offices. If and
as long as this Act | prescribes that the names of such electors be not
printed on | the ballot, then the names of such electors shall be
certified | in such manner as may be prescribed by the parts of this Act
| applicable thereto.
| (d) Each convention may perform all other functions | inherent to such
political organization and not inconsistent | with this Article.
| (e) At least 33 days before the date of a State convention, | the chairman of the State central committee of each political
| party shall file in the principal office of the State Board of
| Elections a call for the State convention. Such call shall | state, among
other things, the time and place (designating the | building or hall) for
holding the State convention. Such call | shall be signed by the chairman
and attested by the secretary | of the committee. In such convention each
county shall be | entitled to one delegate for each 500 ballots voted by
the | primary electors of the party in such county at the primary to | be
held next after the issuance of such call; and if in such | county, less
than 500 ballots are so voted or if the number of | ballots so voted is
not exactly a multiple of 500, there shall | be one delegate for such
group which is less than 500, or for | such group representing the number
of votes over the multiple | of 500, which delegate shall have 1/500 of
one vote for each | primary vote so represented by him. The call for such
| convention shall set forth this paragraph (e) of Section 7-9 in | full and
shall direct that the number of delegates to be chosen |
| be calculated in
compliance herewith and that such number of | delegates be chosen.
| (f) All precinct, township and ward committeemen when | elected as
provided in this Section shall serve as though | elected at large
irrespective of any changes that may be made | in precinct, township or
ward boundaries and the voting | strength of each committeeman shall
remain as provided in this | Section for the entire time for which he is
elected.
| (g) The officers elected at any convention provided for in | this
Section shall serve until their successors are elected as | provided in
this Act.
| (h) A special meeting of any central committee may be | called by the
chairman, or by not less than 25% of the members | of such committee, by
giving 5 days notice to members of such | committee in writing designating
the time and place at which | such special meeting is to be held and the
business which it is | proposed to present at such special meeting.
| (i) Except as otherwise provided in this Act, whenever a | vacancy
exists in the office of precinct committeeman because | no one was elected
to that office or because the precinct | committeeman ceases to reside in
the precinct or for any other | reason, the chairman of the county
central committee of the | appropriate political party may fill the
vacancy in such office | by appointment of a qualified resident of the
county and the | appointed precinct committeeman shall serve as though
elected; | however, no such appointment may be made between the general
| primary election and the 30th
14th day after the general | primary election.
| (j) If the number of Congressional Districts in the State | of Illinois
is reduced as a result of reapportionment of | Congressional Districts
following a federal decennial census, | the State Central Committeemen and
Committeewomen of a | political
party which elects its State Central
Committee by | either Alternative A or by Alternative B under paragraph (a)
of | Section 7-8 who were
previously elected shall continue to serve | as if no reapportionment had
occurred until the expiration of |
| their terms.
| (Source: P.A. 89-5, eff. 1-1-96; 90-627, eff. 7-10-98.)
| (10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
| Sec. 7-41. (a) All officers upon whom is imposed by law the | duty of
designating and providing polling places for general | elections, shall provide
in each such polling place so | designated and provided, a sufficient number of
booths for such | primary election, which booths shall be provided with
shelves, | such supplies and pencils as will enable the voter to prepare | his
ballot for voting and in which voters may prepare their | ballots screened
from all observation as to the manner in which | they do so. Such booths shall be
within plain view of the | election officers and both they and the ballot boxes
shall be | within plain view of those within the proximity of the voting | booths.
No person other than election officers and the | challengers allowed by law and
those admitted for the purpose | of voting, as hereinafter provided, shall be
permitted within | the proximity of the voting booths, except
by authority of the | primary officers to keep order and enforce the law.
| (b) The number of such voting booths shall not be less than | one to every
seventy-five voters or fraction thereof, who voted | at the last preceding
election in the precinct or election | district.
| (c) No person shall do any electioneering or soliciting of | votes on
primary day within any polling place or within one | hundred feet of any polling
place , or, at the option of a | church or private school, on any of the property of that church | or private school that is a polling place . Election officers | shall place 2 or more cones, small United States
national | flags, or some other marker a distance of 100 horizontal feet | from
each entrance to the room used by voters to engage in | voting, which shall be
known as the polling room. If
the | polling room is located within a building that is a private | business, a public or private
school , or a church or other | organization founded for the purpose of religious
worship and |
| the
distance of 100 horizontal feet ends within the interior of | the
building, then the markers shall be placed outside of the
| building at each entrance used by voters to enter that
building | on the grounds adjacent to the thoroughfare or walkway. If the | polling
room is located within a public or private building | with 2 or more floors and
the polling room is located on the | ground floor, then the markers shall be
placed 100 horizontal | feet from each entrance to the polling room used by
voters to | engage in voting. If the polling room is located in a public or
| private building with 2 or more floors and the polling room is | located on a
floor above or below the ground floor,
then the | markers shall be placed a distance of 100 feet from the nearest
| elevator or staircase used by voters on the ground floor to | access the floor
where the polling room is located. The area | within where the markers are placed
shall be known as a | campaign free zone, and electioneering is prohibited
pursuant | to this subsection. Notwithstanding any other provision of this | Section, a church or private school may choose to apply the | campaign free zone to its entire property, and, if so, the | markers shall be placed near the boundaries on the grounds | adjacent to the thoroughfares or walkways leading to the | entrances used by the voters.
| The area on polling place property beyond the campaign free | zone, whether
publicly or privately owned, is a public forum | for the time that the polls are
open on an election day. At the | request of election officers any publicly owned
building must | be made available for use as a polling place. A person shall | have
the right to congregate and engage in electioneering on | any polling place
property while the polls are open beyond the | campaign free zone, including but
not limited to, the placement | of temporary signs.
This subsection shall be construed | liberally in favor of persons engaging in
electioneering
on all | polling place property beyond the campaign free zone for the | time that
the polls are
open on an election day.
| (d) The regulation of electioneering on polling place | property on an
election
day, including but not limited to the |
| placement of temporary signs, is an
exclusive power and | function of the State. A home rule unit may not regulate
| electioneering and any ordinance or local law contrary to | subsection (c) is
declared void. This is a denial and | limitation of home rule powers and
functions under subsection | (h) of Section 6 of Article VII of the Illinois
Constitution.
| (Source: P.A. 93-574, eff. 8-21-03.)
| (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) | Sec. 9-1.5. Expenditure defined. | "Expenditure" means-
| (1) a payment, distribution, purchase, loan, advance, | deposit, or
gift of money or anything of value, in | connection with the nomination
for election, or election, | of any person to public office, in connection with
the | election of any person as ward or township committeeman in | counties of
3,000,000 or more population, or in
connection | with any question of public policy.
"Expenditure" also | includes a payment, distribution, purchase, loan,
advance, | deposit, or gift of
money or anything of value that | constitutes an electioneering communication
regardless of | whether the communication is made in concert or cooperation | with
or at the request, suggestion, or knowledge of a
the | candidate, a
the candidate's
authorized
local political | committee, a State political committee, a political | committee in support of or opposition to a question of | public policy, or any of their
agents.
However, expenditure | does not
include -
| (a) the use of real or personal property and the cost | of invitations,
food,
and beverages, voluntarily provided | by an individual in rendering voluntary
personal services | on the individual's
residential premises for | candidate-related activities; provided the value
of the | service provided does not exceed an aggregate of $150 in a | reporting
period;
| (b) the sale of any food or beverage by a vendor for |
| use in a candidate's
campaign at a charge less than the | normal comparable charge, if such charge
for use in a | candidate's
campaign is at least equal to the cost of such | food or beverage to the vendor.
| (2) a transfer of funds between political committees.
| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03.)
| (10 ILCS 5/9-1.7)
(from Ch. 46, par. 9-1.7)
| Sec. 9-1.7. "Local political committee" means the | candidate himself or any
individual, trust, partnership, | committee, association, corporation, or
other organization or | group of persons which:
| (a) accepts contributions or grants or makes | expenditures during any
12-month period in an aggregate | amount exceeding $3,000 on behalf of or in
opposition to a | candidate or candidates for public office who are required
| by the Illinois Governmental Ethics Act to file statements | of economic
interests with the county clerk,
or on behalf | of or in opposition to a candidate or candidates for | election to
the office of ward or township committeeman in | counties of 3,000,000 or more
population;
| (b) accepts contributions or makes expenditures during | any 12-month
period in an aggregate amount exceeding $3,000 | in support of or in
opposition to any question of public | policy to be submitted to the electors
of an area | encompassing no more than one county; or
| (c) accepts contributions or makes expenditures during | any 12-month
period in an aggregate amount exceeding $3,000 | and has as its primary
purpose the furtherance of | governmental, political or social values, is
organized on a | not-for-profit basis, and which publicly endorses or
| publicly opposes a candidate or candidates for public | office who are
required by the Illinois Governmental Ethics | Act to file statements of
economic interest with the County | Clerk or a candidate or candidates for the
office of ward | or township committeeman in counties of 3,000,000 or more
|
| population ; or .
| (d) accepts contributions or makes expenditures during | any 12-month period in an aggregate amount
exceeding $3,000 | for electioneering communications relating to any | candidate or
candidates described in paragraph (a) or any | question of public policy
described in paragraph (b).
| (Source: P.A. 90-737, eff. 1-1-99; 91-357, eff. 7-29-99.)
| (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| Sec. 9-1.8. "State political committee" means the | candidate himself or any
individual, trust, partnership, | committee, association, corporation, or
any other organization | or group of persons which--
| (a) accepts contributions or grants or makes expenditures | during any
12-month period in an aggregate amount exceeding | $3,000 on behalf of or
in opposition to a candidate or | candidates for public office who are
required by the Illinois | Governmental Ethics Act to file statements of
economic | interests with the Secretary of State,
| (b) accepts contributions or makes expenditures during any | 12-month
period in an aggregate amount exceeding $3,000 in | support of or in
opposition to any question of public policy to | be submitted to the
electors of an area encompassing more than | one county, or
| (c) accepts contributions or makes expenditures during any | 12-month
period in an aggregate amount exceeding $3,000 and has | as its primary purpose
the
furtherance of governmental, | political or social values, is organized on
a not-for-profit | basis, and which publicly endorses or publicly opposes
a | candidate or candidates for public office who are required by | the
Illinois Governmental Ethics Act to file statements of | economic interest
with the Secretary of State , or .
| (d) accepts contributions or makes expenditures during any | 12-month period in an aggregate amount
exceeding $3,000 for | electioneering communications relating to any candidate or
| candidates described in paragraph (a) or any question of public |
| policy
described in paragraph (b).
| (Source: P.A. 90-737, eff. 1-1-99.)
| (10 ILCS 5/9-1.9)
(from Ch. 46, par. 9-1.9)
| Sec. 9-1.9. "Political committee" includes State central | and county central committees
of any political party, and also | includes local political committees and state
political | committees, but does not include any candidate who does not
| accept contributions or make expenditures during any 12-month | period in
an aggregate amount exceeding $3,000, nor does it | include, with
the exception
of State central and county central | committees of any political party, any
individual, trust, | partnership, committee, association, corporation, or
any other | organization or group of persons which does not (i) accept
| contributions or make expenditures during any 12-month period | in an
aggregate amount exceeding $3,000 on behalf of or in | opposition
to a
candidate or candidates or to any question of | public policy or (ii)
accept contributions or make expenditures | during any
12-month period in an aggregate amount exceeding | $3,000 for electioneering
communications relating to any | candidate or candidates described in paragraph
(a) of Section | 9-1.7 or 9-1.8 or any question of public policy described in
| paragraph (b) of Section 9-1.7 or 9-1.8 , and such candidates | and persons
shall not
be
required to comply with any filing | provisions in this Article.
| (Source: P.A. 90-737, eff. 1-1-99.)
| (10 ILCS 5/9-1.14)
| Sec. 9-1.14. Electioneering communication defined.
| (a) "Electioneering communication" means, for the purposes | of this Article,
any form of communication, in whatever medium, | including but not limited to a , newspaper, radio, television, | or Internet communication
and newspaper communications , that | (1) refers to a
clearly
identified candidate or , candidates who | will appear on the ballot , refers to a clearly identified
or | political party , or refers to a clearly identified question of |
| public policy that will appear on the ballot and (2) is made | within (i) 60
days before a general election
or consolidated | election
for the office sought by the candidate or (ii) 30 days | before a general primary
election for the office sought by the | candidate .
| (b) "Electioneering communication" does not include:
| (1) A communication, other than an advertisement | advertisements , appearing in a news
story,
commentary, or | editorial
distributed through the facilities of any | legitimate news organization, unless
the
facilities are | owned or controlled by any political party, political | committee,
or candidate.
| (2) A communication made solely to promote a candidate | debate or forum
that is made by or on behalf of the person | sponsoring the debate or forum.
| (3) A communication made as part of a non-partisan | activity designed to
encourage individuals to vote or to | register to vote.
| (4) A communication by an organization operating and | remaining in good
standing under Section 501(c)(3) of the | Internal Revenue Code of 1986.
| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | revised 1-5-04.)
| (10 ILCS 5/9-9.5)
| Sec. 9-9.5. Disclosures in political communications.
Any | political committee, organized under the Election Code, that
| makes an expenditure for a pamphlet, circular, handbill, | Internet communication, radio, television,
or print | advertisement,
or other communication directed at voters and
| mentioning the name of a candidate in the next upcoming | election shall ensure
that the name of the political committee | paying for any part of the
communication, including, but not | limited to, its preparation and distribution,
is
identified | clearly within the communication as the payor. This Section | does
not apply to items that are too small to contain the |
| required disclosure.
Nothing in this Section shall require | disclosure on any telephone communication using random | sampling or other scientific survey methods to gauge public | opinion for or against any candidate or question of public | policy.
| (Source: P.A. 93-615, eff. 11-19-03.)
| (10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
| Sec. 10-14. Not less than 67
61 days before the date of the | general election
the State Board of Elections shall certify to | the county clerk of each
county the name of each candidate | whose nomination papers,
certificate of nomination or | resolution to fill a vacancy in nomination
has been filed with
| the State Board of Elections and direct the county clerk to | place upon
the official ballot for the general election the | names of such candidates
in the same manner and in the same | order as shown upon the certification. The name of no
candidate | for an office to
be filled by the electors of the entire state | shall be placed upon the
official ballot unless his name is | duly certified to the county clerk
upon a certificate signed by | the members of the State Board of
Elections. The names of group | candidates on petitions shall be certified
to the several | county clerks in the order
in which such names appear on such | petitions filed with
the State Board of Elections.
| Not less than 61
55 days before the date of the general | election, each
county clerk shall certify the names of each of | the candidates for county
offices whose nomination papers, | certificates of nomination or resolutions
to fill a vacancy in | nomination have been filed with such clerk and declare
that the | names of such candidates for the respective offices shall be
| placed upon the official ballot for the general election in the | same manner
and in the same order as shown upon the | certification. Each county clerk
shall place a copy of the | certification on file in his or her office and at
the same time | issue to the State Board of Elections a copy of such
| certification. In addition, each county clerk in whose county |
| there is a
board of election commissioners
shall, not
less than | 55 days before the election, certify to the board of election
| commissioners the name of the person or persons nominated for | such
office as shown by the certificate of the State Board of | Elections,
together with the names of all other candidates as | shown
by the certification of county officers on file in the | clerk's office, and
in the order so certified. The county clerk | or board of election commissioners
shall print
the names of the | nominees on the ballot for each office in the order in
which | they are certified to or filed with the county clerk; provided,
| that in printing the name of nominees for any office, if any of | such
nominees have also been nominated by one or more political | parties
pursuant to this Act, the location of the name of such | candidate on the
ballot for nominations made under this Article | shall be precisely in the
same order in which it appears on the | certification of the State Board
of Elections to the county | clerk.
| For the general election,
the candidates of new political | parties shall be placed on the ballot for
said election after | the established political party candidates
and in the order of | new political party petition filings.
| Each certification shall indicate, where applicable, the | following:
| (1) The political party affiliation if any, of the | candidates for the
respective offices;
| (2) If there is to be more than one candidate elected to an | office from
the State, political subdivision or district;
| (3) If the voter has the right to vote for more than one | candidate for an office;
| (4) The term of office, if a vacancy is to be filled for | less than a
full term or if the offices to be filled in a | political subdivision are for
different terms.
| The State Board of Elections or the county clerk, as the | case may be,
shall issue an amended certification whenever it | is discovered that the
original certification is in error.
| (Source: P.A. 86-867.)
|
| (10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
| Sec. 12-5. Notice for public questions. For all elections | held after July
1, 1999, notice of public
questions shall be | required only as set forth in this
Section or as set forth in | Section 17-3 or 19-3 of the School Code. Not
more than
30 days | nor less than 10 days before the date of a
regular election at | which a public question is to be submitted to the voters of
a | political or governmental subdivision, and at least 20 days | before an
emergency referendum, the election authority shall | publish notice of the
referendum. The notice shall be published | once in a local, community newspaper
having general circulation | in the political or governmental subdivision. The
notice shall | also be given at least 10 days before the date of the election | by
posting a copy of the notice at the principal office of the | election
authority. The local election official shall also post | a copy of the notice at
the principal office of the political | or governmental
subdivision, or if there is no principal office | at the building in which the
governing body of the political or | governmental subdivision held its first
meeting of the calendar | year in which the referendum is being held. The
election | authority and the political or governmental subdivision may, | but are
not required to, post the notice electronically on | their World Wide Web pages.
The notice, which shall appear over | the name or title of the election
authority, shall be | substantially in the following form:
| NOTICE IS HEREBY GIVEN that at the election to be held | on
(insert day of the week),
(insert date of election), the | following proposition will be
submitted to the voters of | (name of political or governmental subdivision):
| (insert the public question as it will appear on the | ballot)
| The polls at the election will be open at 6:00 o'clock | A.M. and will
continue to be open until 7:00 o'clock P.M. | of that day.
| Dated (date of notice)
|
| (Name or title of the election authority)
| The notice shall also include any additional information | required by the statute authorizing the public question. The | notice may include an explanation, in neutral and plain | language, of the question and its purposes supplied by the | governing body of the political or governmental subdivision to | whose voters the question is to be submitted. The notice shall | set forth the
precincts and polling places at which the | referendum will be conducted only in
the case of emergency | referenda.
| (Source: P.A. 91-57, eff. 6-30-99; 92-6, eff. 6-7-01 .)
| (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
| Sec. 17-29. (a) No judge of election, pollwatcher, or other | person shall,
at any primary or election, do any electioneering | or soliciting of votes
or engage in any political discussion | within any polling place ,
or within
100 feet of any polling | place , or, at the option of a church or private school, on any | of the property of that church or private school that is a | polling place ; no person shall interrupt, hinder or
oppose any | voter while approaching within those areas
100 feet of any | polling place
for the purpose of voting. Judges of election | shall enforce the
provisions of this Section.
| (b) Election officers shall place 2 or more cones, small | United States
national flags, or some other marker a distance | of 100 horizontal feet from
each entrance to the room used by | voters to engage in voting, which shall be
known as the polling | room. If
the polling room is located within a building
that is | a private business, a public or private school , or a church or | other organization founded
for the purpose of religious worship | and the
distance of 100 horizontal feet ends within the | interior of the
building, then the markers shall be placed | outside of the
building at each entrance used by voters to | enter that
building on the grounds adjacent to the thoroughfare | or walkway. If the polling
room is located within a public or | private building with 2 or more floors and
the polling room is |
| located on the ground floor, then the markers shall be
placed | 100 horizontal feet from each entrance to the polling room used | by
voters to engage in voting. If the polling room is located | in a public or
private building with 2 or more floors and the | polling room is located on a
floor above or below the ground | floor,
then the markers shall be placed a distance of 100 feet | from the nearest
elevator or staircase used by voters on the | ground floor to access the floor
where the polling room is | located. The area within where the markers are placed
shall be | known as a campaign free zone, and electioneering is prohibited
| pursuant to this subsection. Notwithstanding any other | provision of this Section, a church or private school may | choose to apply the campaign free zone to its entire property, | and, if so, the markers shall be placed near the boundaries on | the grounds adjacent to the thoroughfares or walkways leading | to the entrances used by the voters.
| The area on polling place property beyond the campaign free | zone, whether
publicly or privately owned, is a public forum | for the time that the polls are
open on an election day. At the | request of election officers any publicly owned
building must | be made available for use as a polling place. A person shall | have
the right to congregate and engage in electioneering on | any polling place
property while the polls are open beyond the | campaign free zone, including but
not limited to, the placement | of temporary signs.
This subsection shall be construed | liberally in favor of persons engaging in
electioneering
on all | polling place property beyond the campaign free zone for the | time that
the polls are
open on an election day.
| (c) The regulation of electioneering on polling place | property on an
election
day, including but not limited to the | placement of temporary signs, is an
exclusive power and | function of the State. A home rule unit may not regulate
| electioneering and any ordinance or local law contrary to | subsection (c) is
declared void. This is a denial and | limitation of home rule powers and
functions under subsection | (h) of Section 6 of Article VII of the Illinois
Constitution.
|
| (Source: P.A. 93-574, eff. 8-21-03.)
| (10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
| Sec. 19-2.2. (a) During the period beginning on the 40th | day preceding
an election and continuing through the day | preceding such election, no
advertising pertaining to any | candidate or proposition to be voted upon
shall be displayed in | or within 100 feet of any room used by voters
pursuant to this | Article , or, at the option of a church or private school, on | any of the property of that church or private school that is a | polling place ; nor shall any person engage in electioneering
in | or within 100 feet of any such room , or, at the option of a | church or private school, on any of the property of that church | or private school that is a polling place . Any person who | violates this
Section may be punished as for contempt of court.
| (b) Election officers shall place 2 or more cones, small | United States
national flags, or some other marker a distance | of 100 horizontal feet from
each entrance to the room used by | voters to engage in voting , or, at the option of a church or | private school, on any of the property of that church or | private school that is a polling place , which shall be
known as | the polling room. If
the polling room is located within a | building that is a private business, a public or private
| school , or a church or other organization founded for the | purpose of religious
worship and the
distance of 100 horizontal | feet ends within the interior of the
building, then the markers | shall be placed outside of the
building at each entrance used | by voters to enter that
building on the grounds adjacent to the | thoroughfare or walkway. If the polling
room is located within | a public or private building with 2 or more floors and
the | polling room is located on the ground floor, then the markers | shall be
placed 100 horizontal feet from each entrance to the | polling room used by
voters to engage in voting. If the polling | room is located in a public or
private building with 2 or more | floors and the polling room is located on a
floor above or | below the ground floor,
then the markers shall be placed a |
| distance of 100 feet from the nearest
elevator or staircase | used by voters on the ground floor to access the floor
where | the polling room is located. The area within where the markers | are placed
shall be known as a campaign free zone, and | electioneering is prohibited
pursuant to this subsection. | Notwithstanding any other provision of this Section, a church | or private school may choose to apply the campaign free zone to | its entire property, and, if so, the markers shall be placed | near the boundaries on the grounds adjacent to the | thoroughfares or walkways leading to the entrances used by the | voters.
| The area on polling place property beyond the campaign free | zone,
whether
publicly or privately owned, is a public forum | for the time that the polls are
open on an election day. At the | request of election officers any publicly owned
building must | be made available for use as a polling place. A person shall | have
the right to congregate and engage in electioneering on | any polling place
property while the polls are open beyond the | campaign free zone, including but
not limited to, the placement | of temporary signs.
This subsection shall be construed | liberally in favor of persons engaging in
electioneering
on all | polling place property beyond the campaign free zone for the | time that
the polls are
open on an election day.
| (c) The regulation of electioneering on polling place | property on an
election
day, including but not limited to the | placement of temporary signs, is an
exclusive power and | function of the State. A home rule unit may not regulate
| electioneering and any ordinance or local law contrary to | subsection (b) is
declared void. This is a denial and | limitation of home rule powers and
functions under subsection | (h) of Section 6 of Article VII of the Illinois
Constitution.
| (Source: P.A. 93-574, eff. 8-21-03.)
| (10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
| Sec. 21-2. The county clerks of the several counties shall, | within 21
8 days
next after holding the election named in |
| subsection (1) of Section 2A-1.2 and
Section 2A-2 make 2 copies | of the abstract of the votes cast for electors by
each | political party or group, as indicated by the voter, as | aforesaid, by a
cross in the square to the left of the bracket | aforesaid, or as indicated
by a cross in the appropriate place | preceding the appellation or title of
the particular political | party or group, and transmit by mail one of the
copies to the | office of the State Board of Elections and retain the other
in | his office, to be sent for by the electoral board in case the | other
should be mislaid. Within 31
20 days after the holding of | such election, and
sooner if all the returns are received by | the State Board of Elections, the
State Board of Election, | shall proceed to open and canvass said election
returns and to | declare which set of candidates for President and
| Vice-President received, as aforesaid, the highest number of | votes cast at
such election as aforesaid; and the electors of | that party whose candidates
for President and Vice-President | received the highest number of votes so
cast shall be taken and | deemed to be elected as electors of President and
| Vice-President, but should 2 or more sets of candidates for | President and
Vice-President be returned with an equal and the | highest vote, the State
Board of Elections shall cause a notice | of the same to be published, which
notice shall name some day | and place, not less than 5 days from the time of
such | publication of such notice, upon which the State Board of | Elections
will decide by lot which of the sets of candidates | for President and
Vice-President so equal and highest shall be | declared to be highest. And
upon the day and at the place so | appointed in the notice, the board shall
so decide by lot and | declare which is deemed highest of the sets of
candidates for | President and Vice-President so equal and highest, thereby
| determining only that the electors chosen as aforesaid by such | candidates'
party or group are thereby elected by general | ticket to be such electors.
| (Source: P.A. 84-861.)
|
| (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
| Sec. 22-1. Abstracts of votes. Within 21
7 days after the
| close of the
election at which candidates for offices | hereinafter named in this Section are
voted upon, the county | clerks of the respective counties, with the assistance
of the | chairmen of the county central committees of the Republican and
| Democratic parties of the county, shall open the returns and | make abstracts of
the votes on a separate sheet for each of the | following:
| A. For Governor and Lieutenant Governor;
| B. For State officers;
| C. For presidential electors;
| D. For United States Senators and Representatives to | Congress;
| E. For judges of the Supreme Court;
| F. For judges of the Appellate Court;
| G. For judges of the circuit court;
| H. For Senators and Representatives to the General | Assembly;
| I. For State's Attorneys elected from 2 or more counties;
| J. For amendments to the Constitution, and for other | propositions
submitted to the electors of the entire State;
| K. For county officers and for propositions submitted to | the
electors of the county only;
| L. For Regional Superintendent of Schools;
| M. For trustees of Sanitary Districts; and
| N. For Trustee of a Regional Board of School Trustees.
| Multiple originals of each of the sheets shall be prepared | and one of
each shall be turned over to the chairman of the | county central
committee of each of the then existing | established political parties, as
defined in Section 10-2, or | his duly authorized representative
immediately after the | completion of the entries on the sheets and before
the totals | have been compiled.
| The foregoing abstracts shall be preserved by the county | clerk in his office.
|
| Whenever any county chairman is also county clerk or | whenever any
county chairman is unable to serve as a member of | such canvassing board
the vice-chairman or secretary of his | county central committee, in that
order, shall serve in his | place as member of such canvassing board;
provided, that if | none of these persons is able to serve, the county
chairman may | appoint a member of his county central committee to serve
as a | member of such canvassing board.
| The powers and duties of the county canvassing board are | limited to
those specified in this Section. In no event shall | such canvassing board
open any package in which the ballots | have been wrapped or any envelope
containing "defective" or | "objected to" ballots, or in any manner
undertake to examine | the ballots used in the election, except as
provided in Section | 22-9.1 or when directed by a court in an election
contest. Nor | shall such canvassing board call in the precinct judges of
| election or any other persons to open or recount the ballots.
| (Source: P.A. 89-5, eff. 1-1-96.)
| (10 ILCS 5/22-3) (from Ch. 46, par. 22-3)
| Sec. 22-3. When two (2) or more persons receive an equal | and the highest
number of votes for an office to be filled by | the county alone, the county
clerk shall issue a notice to such | persons of such tie vote, and require
them to appear at his | office, on a day named in the notice, no later than 21 days | following an election
within ten (10)
days from the day of | election , and determine by lot which of them is to be
declared | elected.
| (Source: Laws 1943, vol. 2, p. 1.)
| (10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
| Sec. 22-7. Canvass of votes; declaration and proclamation | of result. The State Board of Elections, shall proceed within | 31
20 days
after the election,
and sooner if all the returns | are received, to canvass the votes given
for United States | Senators and Representatives to Congress, State
executive |
| officers, judges of the Supreme Court, judges of the Appellate
| Court, judges of the Circuit Court, Senators, Representatives | to the
General Assembly, State's Attorneys and Regional | Superintendents of Schools
elected from 2 or more counties, | respectively, and the persons
having the highest number of | votes for the respective offices shall be
declared duly | elected, but if it appears that more than the number of
persons | to be elected have the highest and an equal number of votes for
| the same office, the electoral board shall decide by lot which | of such
persons shall be elected; and to each person duly | elected, the Governor
shall give a certificate of election or | commission, as the case may
require, and shall cause | proclamation to be made of the result of the
canvass, and they | shall at the same time and in the same manner, canvass
the vote | cast upon amendments to the Constitution, and upon other
| propositions submitted to the electors of the entire State; and | the
Governor shall cause to be made such proclamation of the | result of the
canvass as the statutes elsewhere provide. The | State Board of Elections
shall transmit to the State | Comptroller a list of the persons elected to
the various | offices. The State Board of Elections shall also transmit to
| the Supreme Court the names of persons elected to judgeships in
| adversary elections and the names of judges who fail to win | retention in
office.
| (Source: P.A. 89-5, eff. 1-1-96.)
| (10 ILCS 5/22-8)
(from Ch. 46, par. 22-8)
| Sec. 22-8. In municipalities operating under Article 6 of | this Act,
within 21
7 days after the close of such election, a | judge of
the circuit
court, with the assistance of the city | attorney and the board of election
commissioners, who are | hereby declared a canvassing board for such city,
shall open | all returns left respectively, with the election | commissioners,
the county clerk, and city comptroller, and | shall make abstracts or
statements of the votes in the | following manner, as the case may require,
viz: All votes for |
| Governor and Lieutenant Governor on one sheet; all votes
for | other State officers on another sheet; all votes for | presidential
electors on another sheet; all votes for United | States Senators and
Representatives to Congress on another | sheet; all votes for judges of the
Supreme Court on another | sheet; all votes for judges of the Appellate Court
on another | sheet; all votes for Judges of the Circuit Court on another
| sheet; all votes for Senators and Representatives to the | General Assembly
on another sheet; all votes for State's | Attorneys where elected from 2 or
more counties on another | sheet; all votes for County Officers on another
sheet; all | votes for City Officers on another sheet; all votes for Town
| Officers on another sheet; and all votes for any other office | on a separate
and appropriate sheet; all votes for any | proposition, which may be
submitted to a vote of the people, on | another sheet, and all votes against
any proposition, submitted | to a vote of the people, on another sheet.
| Multiple originals of each of the sheets shall be prepared | and one of
each shall be turned over to the chairman of the | county central committee
of each of the then existing | established political parties, as defined in
Section 10-2, or | his duly authorized representative immediately after the
| completion of the entries on the sheets and before the totals | have been
compiled.
| (Source: P.A. 77-2626.)
| (10 ILCS 5/22-17)
(from Ch. 46, par. 22-17)
| Sec. 22-17. (a) Except as provided in subsection (b),
the | canvass of votes cast at the nonpartisan and consolidated | elections
shall be conducted by the following canvassing boards | within 21
7 days
after the close of such elections:
| 1. For city offices, by the mayor, the city attorney | and the city
clerk.
| 2. For village and incorporated town offices, by the | president of
the board of trustees, one member of the board | of trustees, and the
village or incorporated town clerk.
|
| 3. For township offices, by the township supervisor, | the eligible town
trustee elected in the township who has | the longest term of continuous
service as town trustee, and | the township clerk.
| 4. For road district offices, by the highway | commissioner and the
road district clerk.
| 5. For school district or community college district | offices, by the
school or community college district board.
| 6. For special district elected offices, by the board | of the special
district.
| 7. For multi-county educational service region | offices, by the
regional board of school trustees.
| 8. For township trustee of schools or land | commissioner, by the
township trustees of schools or land | commissioners.
| 9. For park district offices, by the president of the | park board, one
member of the board of park commissioners | and the secretary of the park
district.
| 10. For multi-township assessment districts, by the | chairman,
clerk, and assessor of the multi-township | assessment district.
| (b) The city canvassing board provided in Section 22-8 | shall canvass
the votes cast at the nonpartisan and | consolidated elections for offices
of any political | subdivision entirely within the jurisdiction of a
municipal | board of election commissioners.
| (c) The canvass of votes cast upon any public questions | submitted to
the voters of any political subdivision, or any | precinct or combination of
precincts within a political | subdivision, at any regular election or at
any emergency | referendum election, including votes cast by voters
outside of | the political subdivision where the question is for
annexation | thereto, shall be canvassed by the same board provided for in
| this Section for the canvass of votes of the officers of such | political
subdivision. However, referenda conducted throughout | a county and
referenda of sanitary districts whose officers are |
| elected at general
elections shall be canvassed by the county | canvassing board. The votes
cast on a public question for the | formation of a political subdivision
shall be canvassed by the | circuit court that ordered the question
submitted, or by such | officers of the court as may be appointed for such
purpose, | except where in the formation or reorganization of a school
| district or districts the regional superintendent of schools is
| designated by law as the canvassing official.
| (d) The canvass of votes for offices of political | subdivisions cast
at special elections to fill vacancies held | on the day of any regular
election shall be conducted by the | canvassing board which is responsible
for canvassing the votes | at the regularly scheduled election for such office.
| (Source: P.A. 87-738; 87-1052.)
|
|
Section 7. The Counties Code is amended by changing Section | 2-3007 as follows:
| (55 ILCS 5/2-3007) (from Ch. 34, par. 2-3007)
| Sec. 2-3007. Chairman of county board; election and term. | Any
county board when providing for the reapportionment of its | county under
this Division may provide that the chairman of the | county board shall be
elected by the voters of the county | rather than by the members of the
board. In that event, | provision shall be made for the election throughout
the county | of the chairman of the county board, but in counties over
| 3,000,000 population no person may be elected to serve as such | chairman who
has not been elected as a county board member to | serve during the same
period as the term of office as chairman | of the county board to which he
seeks election. In counties | over 450,000 population and under 3,000,000
population, the | chairman shall be elected as chairman without having been
first | elected to the county board. Such chairman shall not vote on | any
question except to break a tie vote. In all other counties | the chairman may
either be elected as a county board member or | elected as the chairman
without having been first elected to |
| the board. Except in counties where
the chairman of the county | board is elected by the voters of the county and
is not | required to be a county board member, whether the chairman of | the
county board is elected by the voters of the county or by | the members of
the board, he shall be elected to a 2 year term. | In counties where the
chairman of the county board is elected | by the voters of the county and is
not required to be a county | board member, the chairman shall be elected to
a 4 year term. | In all cases, the term of the chairman
of the county board | shall commence on the third
first Monday of the month
following | the month in which members of the county board are elected.
| (Source: P.A. 86-926; 86-1429; 86-1475.)
|
|
Section 10. The Township Code is amended by changing | Sections 50-15 and 50-40 as follows:
| (60 ILCS 1/50-15)
| Sec. 50-15. Time of entering upon duties.
| (a) In all counties, the township collectors elected at the | township
election shall enter upon their duties on January 1 | next following their
election and qualification.
| (b) In all counties, township supervisors and township | clerks shall enter upon their duties on the third
first
Monday
| of May following their election.
| (c) Beginning with elections in 1981 in all counties, the | township and
multi-township assessors shall enter upon their | duties on January 1 next
following their election.
| (Source: P.A. 90-210, eff. 7-25-97.)
| (60 ILCS 1/50-40)
| Sec. 50-40. Township trustees; time of election and terms. | Except in
townships organized under Article 15, at the regular | township election provided
in the general election law there | shall be elected 4 members to serve on the
township board. They | shall be known as township trustees and shall hold their
office | for a term of 4 years beginning the third
first Monday of May |
| following
their election and until their successors are elected | and qualified.
| (Source: P.A. 90-210, eff. 7-25-97.)
|
|
Section 15. The Illinois Municipal Code is amended by | changing Sections 3.1-10-5, 3.1-10-15, 3.1-20-25, 5-2-2, and | 5-5-1 as follows:
| (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
| Sec. 3.1-10-5. Qualifications; elective office.
| (a) A person is not eligible for an elective municipal | office unless that
person is a qualified elector of the | municipality and has resided in the
municipality at least
one | year next preceding the election.
| (b) A person is not eligible for an elective municipal | office if that
person is in arrears
in the payment of a tax or | other indebtedness due to the municipality or
has been | convicted in any court located in the United States of any | infamous
crime,
bribery, perjury, or other felony.
| (c) A person is not eligible for the office of
alderman of | a ward or trustee of a district unless that person has resided
| in the ward that the person seeks to represent, and a person is | not eligible for the office of trustee of a district unless | that person has resided in the
municipality , at least one year | next
preceding the election or appointment, except
as provided | in subsection (c) of Section 3.1-20-25, subsection (b) of | Section 3.1-25-75 , Section 5-2-2, or Section 5-2-11 .
| (Source: P.A. 91-667, eff. 6-1-00.)
| (65 ILCS 5/3.1-10-15) (from Ch. 24, par. 3.1-10-15)
| Sec. 3.1-10-15. Commencement of terms. The terms of elected | municipal
officers shall commence at the first regular
or | special meeting of the corporate authorities during the month | of May
April
following the proclamation of the results of the | regular municipal election
at which the officers were elected, | except as otherwise provided
by ordinance fixing the date for |
| inauguration of newly elected officers
of a municipality. The | ordinance shall not, however, fix the time for
inauguration of | newly elected officers later than the first regular or special
| meeting of the corporate authorities in the month of June
May
| following the
election.
| (Source: P.A. 87-1119.)
| (65 ILCS 5/3.1-20-25) (from Ch. 24, par. 3.1-20-25)
| Sec. 3.1-20-25. Redistricting a city.
| (a) In the formation of wards, the number of
inhabitants of | the city
immediately preceding the division of the city into | wards shall be
as nearly equal in population, and the wards | shall be of as compact and
contiguous territory, as | practicable. Wards shall be created in a
manner so that, as far | as practicable, no precinct shall be divided between
2 or more | wards.
| (b) Whenever an official
census shows that a city contains | more or fewer wards than it is
entitled to, the city council of | the city, by ordinance, shall redistrict
the city into as many | wards as the city is entitled. This
redistricting shall be | completed not less than 30 days before the first day
set by the | general election law for the filing of candidate petitions for
| the next succeeding election for city officers. At this | election there
shall be elected the number of aldermen to which | the city is entitled,
except as provided in subsection (c).
| (c) If it appears from any official census
that a city has | the requisite number of inhabitants to
authorize it to increase | the number of aldermen, the city council shall
immediately | proceed to redistrict the city
and shall hold the next city | election in
accordance with the new redistricting. At this | election the aldermen whose
terms of office are not expiring | shall be considered aldermen for the new
wards respectively in | which their residences are situated . At this election a | candidate for alderman may be elected from any ward that | contains a part of the ward in which he or she resided at least | one year next preceding the election that follows the |
| redistricting,
and, if elected, that person may be reelected | from the new ward he or she represents if he or she
resides in | that ward for at least one year next preceding reelection . If | there are 2
or more aldermen with terms of office not expiring | and residing in the same
ward under the new redistricting, the | alderman who holds over for that ward
shall be determined by | lot in the presence of the city council, in the
manner directed | by the council, and all other aldermen shall fill
their | unexpired terms as aldermen-at-large. The aldermen-at-large, | if any,
shall have the same powers and duties as all other | aldermen, but upon the
expiration of their terms the offices of | aldermen-at-large shall be abolished.
| (d) If the redistricting results in one or more wards in | which no aldermen
reside whose terms of office have not | expired, 2 aldermen shall be elected
in accordance with Section | 3.1-20-35, unless the city elected only one
alderman per ward | pursuant to a referendum under subsection (a) of Section
| 3.1-20-20.
| (e) A redistricting ordinance that has decreased the number
| of wards of a city because of a decrease in population of the | city shall
not be effective if, not less than 60 days before | the time fixed for
the next succeeding general municipal | election, an official
census is officially published that shows | that the city has regained a
population that entitles it to the | number of wards that it had just
before the passage of the last | redistricting ordinance.
| (Source: P.A. 87-1119.)
| (65 ILCS 5/5-2-2) (from Ch. 24, par. 5-2-2)
| Sec. 5-2-2. Except as otherwise provided in Section 5-2-3, | the number of
aldermen, when not elected by the minority | representation plan, shall be as
follows: In cities not | exceeding 3,000 inhabitants, 6 aldermen; exceeding
3,000, but | not exceeding 15,000, 8 aldermen; exceeding 15,000 but not
| exceeding 20,000, 10 aldermen; exceeding 20,000 but not | exceeding 30,000,
14 aldermen; and 2 additional aldermen for |
| every 20,000 inhabitants over
30,000. In all cities of less | than 500,000, 20 aldermen shall be the
maximum number permitted | except as otherwise provided in the case of
aldermen-at-large. | No redistricting shall be required in order to reduce
the | number of aldermen heretofore provided for. Two aldermen shall | be
elected to represent each ward.
| If it appears from any census specified in Section 5-2-5 | and taken not
earlier than 1940 that any city has the requisite | number of inhabitants to
authorize it to increase the number of | aldermen, the city council shall
immediately proceed to | redistrict the city in accordance with the
provisions of | Section 5-2-5, and it shall hold the next city election in
| accordance with the new redistricting. At this election the | aldermen whose
terms of office are not expiring shall be | considered aldermen for the new
wards respectively in which | their residences are situated. At this election a candidate for | alderman may be elected from any ward that contains a part of | the ward in which he or she resided at least one year next | preceding the election that follows the redistricting,
and, if | elected, that person may be reelected from the new ward he or | she represents if he or she
resides in that ward for at least | one year next preceding reelection. If there are 2
or more | aldermen with terms of office not expiring and residing in the | same
ward under the new redistricting, the alderman who holds | over for that ward
shall be determined by lot in the presence | of the city council, in whatever
manner the council shall | direct and all other aldermen shall fill their
unexpired terms | as aldermen-at-large. The aldermen-at-large, if any, shall
| have the same power and duties as all other aldermen but upon | expiration of
their terms the offices of aldermen-at-large | shall be abolished.
| If the re-districting results in one or more wards in which | no aldermen
reside whose terms of office have not expired, 2 | aldermen shall be elected
in accordance with the provisions of | Section 5-2-8.
| (Source: Laws 1961, p. 576.)
|
| (65 ILCS 5/5-5-1) (from Ch. 24, par. 5-5-1)
| Sec. 5-5-1. Petition for abandonment of managerial form; | referendum;
succeeding elections of officers and aldermen or | trustees.
| (a) A city or village that has operated for 4
years or more | under the
managerial form of municipal government may abandon | that
organization as provided in this Section. For the purposes | of this
Article, the
operation of the managerial form of | municipal government shall be deemed
to begin on the date of | the appointment of the first manager in
the city or village. | When a petition for abandonment
signed by electors of the
| municipality equal in number to at least 10% of the number of | votes cast
for candidates for mayor at the preceding general | quadrennial municipal
election is filed with the circuit court | for the county in which that
city or village is located, the | court shall set a date not less than 10
nor more than 30 days | thereafter for a hearing on the sufficiency of the
petition. | Notice of the filing of the petition and of the date of the
| hearing shall be given in writing to the city or village clerk | and to
the mayor or village president at least 7 days before | the date of the
hearing. If the petition is found sufficient, | the court shall enter an
order directing that the
proposition | be submitted at an election other than a primary election for
| the municipality. The clerk of the court shall certify the | proposition to
the proper election authorities for submission.
| The proposition shall be in substantially the following form:
| Shall (name of city or village) retain the managerial | form of municipal government?
| (b) If the majority of the votes at the
election are "yes", | then the
proposition to abandon is rejected and the | municipality shall continue
operating under this Article 5. If | the majority of the votes are "no",
then the proposition to | abandon operation under this Article 5 is
approved.
| (c) If the proposition for abandonment is approved, the | city or village
shall become subject to Article 3.1 or Article |
| 4,
whichever Article was in force in the city or village
| immediately before the adoption of the plan authorized by this | Article 5, upon the
election and qualification of officers to | be elected at the next
succeeding general municipal election. | Those officers shall be those
prescribed by Article 3.1 or | Article 4, as the case may be, but the
change shall not in any | manner or degree affect the property rights or
liabilities of | the city or village. The mayor, clerk, and treasurer and
all | other elected officers of a city or village in office at the | time
the proposition for abandonment is approved shall continue | in office
until the expiration of the term for which they were | elected.
| (d) If a city or village operating under this Article 5 has | aldermen or
trustees elected from wards or districts and a | proposition to abandon operation under this Article 5 is | approved, then the officers
to be elected at the next
| succeeding general municipal election shall be elected from the | same
wards or districts as exist immediately before the | abandonment.
| (e) If a city or village operating under this Article 5 has | a council or
village board elected from the municipality at | large and a proposition
to abandon operation under this Article | 5 is approved, then
the first group of aldermen,
board of | trustees, or commissioners so elected shall be of the same
| number as was provided for in the municipality at the time of | the
adoption of a plan under this Article 5, with the same ward | or district
boundaries in cities or villages that immediately | before the adoption
of this Article 5 had wards or districts, | unless the municipal
boundaries have been changed. If there has | been such a change,
the council or village board shall so alter | the former ward or district
boundaries so as to conform as | nearly as possible to the former
division. If the plan | authorized by this Article 5 is
abandoned, the next general | municipal election for officers shall be
held at the time | specified in Section 3.1-10-75 or
3.1-25-15 for that
election. | The aldermen or trustees elected at that election shall, if
the |
| city or village was operating under Article 3 at the time of
| adoption of this Article 5 and had at that time staggered 4 | year terms
of office for the aldermen or trustees, choose by | lot which shall serve
initial 2 year terms as provided by | Section 3.1-20-35 or
3.1-15-5, whichever
may be applicable, in | the case of election of those officers at
the first
election | after a municipality is incorporated.
| (f) The proposition to abandon the managerial form of | municipal
government shall not be submitted in any city or | village oftener than
once in 12
46 months.
| (Source: P.A. 87-1119.)
|
|
Section 20. The Revised Cities and Villages Act of 1941 is | amended by changing Sections 21-5, 21-12, 21-14, and 21-22 as | follows:
| (65 ILCS 20/21-5) (from Ch. 24, par. 21-5)
| Sec. 21-5. Mayor; Term of office.
| (a) The mayor of
the city of Chicago shall be elected in | 1943 and quadrennially
thereafter
in a nonpartisan election. | The candidate receiving a majority of the votes
cast for mayor | at the consolidated primary election shall be declared mayor.
| If no candidate receives a majority of the votes, a runoff | election shall be
held at the consolidated election, when only | the names of the candidates
receiving the highest and second | highest number of votes at the consolidated
primary election | shall appear on the ballot. If more than one candidate
received | the highest or second highest number of votes at the | consolidated
primary election, the names of all candidates | receiving the highest and second
highest number of votes shall | appear on the ballot at the consolidated
election. The | candidate receiving the highest number of votes at the
| consolidated election shall be declared elected.
| (b) The mayor shall hold his or her office for 4 years
| beginning at
noon on the third
first Monday in May following | his or her
election, and until his
or her successor is elected |
| and qualified.
| (Source: P.A. 91-667, eff. 6-1-00.)
| (65 ILCS 20/21-12) (from Ch. 24, par. 21-12)
| Sec. 21-12. City clerk and city treasurer; Election; | Tenure. At the time of election of the mayor there shall be | elected also a city
clerk and a city treasurer. The candidates | receiving a majority of the votes
cast for clerk and treasurer | at the consolidated primary election shall be
declared the | clerk and treasurer. If no candidate receives a majority of the
| votes for one of the offices, a runoff election shall be held | at the
consolidated election, when only the names of the | candidates receiving the
highest and second highest number of | votes for that office at the consolidated
primary election | shall appear on the ballot. If more than one candidate
received | the highest or second highest number of votes for one of the | offices
at the consolidated primary election, the names of all | candidates receiving the
highest and second highest number of | votes for that office shall appear on the
ballot at the | consolidated election. The candidate receiving the highest
| number of votes at the consolidated election shall be declared | elected.
| The clerk and treasurer each shall hold office for a
term | of 4 years beginning at noon on the third
first Monday in May
| following the election and until a successor is elected and | qualified. No
person, however, shall be elected to the office | of city treasurer for 2
terms in succession.
| (Source: P.A. 91-667, eff. 6-1-00.)
| (65 ILCS 20/21-14) (from Ch. 24, par. 21-14)
| Sec. 21-14. Member residency before election; member not to | hold other
office.
| (a) No member may be elected or appointed to the city | council after the
effective date of this amendatory Act of the | 93rd
91st General Assembly unless he or
she has resided in the | ward he or she seeks to represent at least one year next |
| preceding
2 years
before the date of the election or | appointment. In the election following
redistricting, a | candidate for alderman may be elected from any ward containing
| a part of the ward in which he or she resided for at least one | year next preceding
the
2 years before the
election that | follows the redistricting ,
and , if elected, that person may be | reelected from the new ward he or she represents if he or she
| resides in that ward for at least one year next preceding
18 | months
before the reelection.
| (b) No member of the city council shall at the same time | hold any other
civil service office under the federal, state or | city government, except
if such member is granted a leave of | absence from such civil service
office, or except in the | National Guard, or as a notary public, and
except such honorary | offices as go by appointment without compensation.
| (Source: P.A. 91-358, eff. 7-29-99.)
| (65 ILCS 20/21-22) (from Ch. 24, par. 21-22)
| Sec. 21-22. General election for aldermen; vacancies.
| (a) A general election for aldermen shall be held in the | year 1943 and every
4 years thereafter, at which one alderman | shall be elected from each of the 50
wards provided for by this | Article. The aldermen elected shall serve for a
term of 4 years | beginning at noon on the third
first Monday in May following
| the election of city officers, and until their successors are | elected and have
qualified. All elections for aldermen shall be | in accordance with the
provisions of law in force and operative | in the City of Chicago for such
elections at the time the | elections are held.
| (b) Vacancies occurring in the office of alderman shall be | filled in the
manner prescribed for filling vacancies in | Section 3.1-10-50 of the Illinois
Municipal Code. An | appointment to fill a vacancy shall be made within 60 days
| after the vacancy occurs. The requirement that an appointment | be made within
60 days is an exclusive power and function of | the State and is a denial and
limitation under Article VII, |
| Section 6, subsection (h) of the Illinois
Constitution of the | power of a home rule municipality to require that an
| appointment be made within a different period after the vacancy | occurs.
| (Source: P.A. 91-667, eff. 6-1-00.)
|
|
Section 25. The Fire Protection District Act is amended by | changing Section 4a as follows:
| (70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
| Sec. 4a. Any fire protection district organized under this | Act may
determine, in either manner provided in the following | items (1) and (2) of this
Section, to have an elected, rather | than an appointed, board of trustees.
| (1) If the district lies wholly within a single | township but does not
also lie wholly within a | municipality, the township board of trustees
may | determine, by ordinance, to have an elected board of | trustees.
| (2) Upon presentation to the board of trustees of a | petition, signed
by not less than 10% of the electors of | the district, requesting that a
proposition for the | election of trustees be submitted to the electors of the
| district, the secretary of the board of trustees shall | certify the proposition
to the appropriate election | authorities who shall submit the proposition at
a regular | election in accordance with the general election law.
The | general election law shall apply to and govern such | election. The
proposition shall be in substantially the | following form:
| -------------------------------------------------------------
| Shall the trustees of...... YES
| Fire Protection District be -------------------------
| elected, rather than appointed? NO
| -------------------------------------------------------------
| If a majority of the votes cast on such proposition are |
| in the affirmative,
the trustees of the district shall | thereafter be elected as provided by this
Section.
| At the next regular election for trustees as provided by | the general election
law, a district that has approved by | ordinance or referendum to have its
trustees elected rather | than appointed shall elect 3, 5, or 7 trustees, as
previously | determined by the organization of the district or as increased | under
Section 4.01 or 4.02. The initial elected trustees shall | be elected for 2, 4,
and 6 year terms. In a district with 3 | trustees, one trustee shall be elected
for a term of 2 years, | one for a term of 4 years, and one for a term of 6
years. In a | district with 5 trustees, 2 shall be elected for terms of 2
| years, 2 for terms of 4 years, and one for a term of 6 years. In | a district
with 7 trustees, 3 shall be elected for terms of 2 | years, 2 for terms of 4
years, and 2 for terms of 6 years. | Except as otherwise provided in Section
2A-54 of the Election | Code, the term of each elected trustee shall
commence on the | third
first Monday of the month following the month of his | election
and until his successor is elected and qualified. The | length of the terms of
the trustees first elected shall be | determined by lot at their first meeting.
Except as otherwise | provided in Section 2A-54 of the Election Code,
thereafter, | each trustee shall be elected to serve for a term of 6 years
| commencing on the third
first Monday of the month following the | month of his election
and until his successor is elected and | qualified.
| No party designation shall appear on the ballot for | election of trustees.
The provisions of the general election | law shall apply to and govern
the nomination and election of | trustees.
| The provisions of Section 4 relating to eligibility, powers | and disabilities
of trustees shall apply equally to elected | trustees.
| Whenever a fire protection district determines to elect | trustees as provided
in this Section, the trustees appointed | pursuant to Section 4 shall continue
to constitute the board of |
| trustees until the third
first Monday of the month
following | the month of the first election of trustees.
If the term of | office of any appointed trustees expires before the first
| election of trustees, the authority which appointed that | trustee under Section
4 of this Act shall appoint a successor | to serve until a successor is
elected and has qualified. The | terms of all appointed trustees in such
district shall expire | on the third
first Monday of the month following the
month of | the first election of trustees under this Section or when
| successors have been elected and have qualified, whichever | occurs later.
| (Source: P.A. 90-358, eff. 1-1-98 .)
|
|
Section 30. The Downstate Forest Preserve District Act is | amended by changing Section 3.5 as follows:
| (70 ILCS 805/3.5)
| Sec. 3.5. Elected board of commissioners.
| (a) In counties with a population more than 30,000 but less | than 90,000,
in each forest preserve
district organized after | the effective date of this amendatory Act of 1997 or
in which, | on the effective date of this amendatory Act of 1997,
the
| commissioners of the district are appointed by the presiding | officer of the
county board under Section 3a, the commissioners | shall be elected as provided
in this Section, rather than | appointed, beginning with the first consolidated
election | following the effective date of this amendatory Act of 1997. | There
shall be 5 elected commissioners, elected from the | district at large. Each
commissioner must be a resident of the | district. The terms of all elected
commissioners shall commence | on the third
first Monday of the month following
the month of | election. No party designation shall appear on the ballot for | the
election of commissioners. The terms of all commissioners | appointed under
Section 3a in a district to which this Section | applies shall expire on the
third
first Monday of the month | following the month of the first election of
commissioners in |
| that district under this Section.
| If before August 20, 1993 (the effective date of Public Act | 88-443)
in a county with a population of 30,000 or less a | presiding officer
of a county board appointed the commissioners | of the forest preserve district
and if that presiding officer | has, since August 20,
1993, continued to appoint the | commissioners of the forest preserve
district, then those | appointments made after August 20, 1993, if made in
compliance | with Section 3a, are
validated.
| (b) The initial elected commissioners shall, no later than | 45 days after
taking office, divide themselves publicly by lot | as equally as possible into 2
groups. Commissioners or their | successors from one group shall be elected for
terms of 4 | years; the initial elected commissioners from the second
group | shall serve for terms of 2 years, and their successors shall be | elected
for terms of 4 years.
| (c) The commissioners shall elect from among their number a | president of the
board of commissioners.
| (d) Whenever a vacancy occurs in the office of | commissioner, whether by
death, resignation, refusal to | qualify, no longer residing in the district, or
for any other | reason, the board of commissioners shall declare that a
vacancy | exists. The vacancy shall be filled within 60 days by | appointment of
the president of the board of commissioners, | with the advice and consent of the
other commissioners. The | appointee shall be eligible to serve as commissioner.
The | appointee shall serve the remainder of the unexpired term. If, | however,
more than 28 months remain in the term, the | appointment shall be until the next
consolidated election, at | which time the vacated office of commissioner shall
be filled | by election for the remainder of the term.
| If a vacancy occurs in the office of president of the board | of commissioners,
the remaining commissioners shall elect one | of their number to serve as
president for the balance of the | unexpired term of the president in whose
office the vacancy | occurred.
|
| (e) Except as otherwise provided in this Section, elected | commissioners
shall have the same powers and duties, and shall | be entitled to the same
compensation, as enjoyed by | commissioners before the effective date of this
amendatory Act | of 1993.
| (Source: P.A. 90-190, eff. 7-24-97.)
|
|
Section 35. The Public Library District Act of 1991 is | amended by changing Sections 30-10 and 30-40 as follows:
| (75 ILCS 16/30-10)
| Sec. 30-10. Election and terms of trustees.
| (a) Trustees shall be elected every 2
years at
the regular | election scheduled for trustees of public library districts
| under the Election Code for 6-year
terms. Seven trustees shall | constitute a board.
| (b) The trustees' terms shall be staggered.
After the first | election, the trustees shall determine, by lot, 2
trustees to | serve for terms of 2 years, 2 trustees to serve for
terms of 4 | years, and 3 trustees to serve for terms of 6 years. The terms
| of all trustees shall begin on the third
1st Monday
of the | month next following the month of the election.
| (c) At each election of trustees after the first election, | the trustees
elected to succeed those
whose terms have expired | shall hold office for the full
term of 6 years from the third
| 1st Monday of the month next following
the election and until | their respective successors are elected and qualified.
| (d) A district may provide by resolution of the board that | the term of
its trustees shall be 4 years. If the board adopts | such a resolution, then
if 3 trustees are to be elected at the | next election or if 2 trustees are
to be elected at each of the | next 2 elections, one of the trustees elected
at the next | election (to be determined by lot at the
first meeting after
| that election) shall serve a 2 year term.
| (Source: P.A. 87-1277.)
|
| (75 ILCS 16/30-40)
| Sec. 30-40. Organization of board; qualification
and oath | of trustees.
| (a) Within 74
60 days after their election or appointment, | the incumbent
and new trustees shall take their oath of office | as prescribed by law
and meet to organize
the board.
| (b) The first action taken at the meeting shall be the | election
of a president, a vice-president, a secretary, and a
| treasurer from among the trustees.
The secretary shall then | record the membership of the
board.
| (c) Trustees
duly elected or appointed as certified by the | appropriate election
authority or appointing authority shall | be qualified to serve as trustees under this Act. The required | oath shall be taken and subscribed
before a notary public or | the secretary of the board.
| (d) Within 60 days after the organization of the board, the | secretary shall file, with the county
clerk of the county | containing all or a larger portion of the district
and with the | Illinois State Librarian, a statement listing the names and | addresses
of the trustees and officers and their respective | terms in office.
The secretary shall report a vacancy on the | board to the county clerk and
the State Librarian within 60 | days after it occurs and shall report the
filling of a vacancy | within 60 days after it is filled.
| (e) The first officers shall serve until the next regular | election
of trustees. Thereafter, officers shall serve for | terms set by ordinance
but not to exceed 2 years, ending on the
| third
first Monday of the month
following each regular election | or until their successors are duly elected
by the board. A | vacancy in any office shall be filled by the board for the
| unexpired term.
| (Source: P.A. 87-1277.)
|
|
Section 40. The School Code is amended by changing Sections | 5-14, 6-17, 10-5, and 10-16 as follows:
|
| (105 ILCS 5/5-14) (from Ch. 122, par. 5-14)
| Sec. 5-14. Term of office of successors - Vacancies. | Successors to the trustees whose terms of office expire at the | time prescribed
in Section 5-13, and their successors, shall | hold their offices for 6 years
and until their respective | successors are elected and qualified. Trustees
of schools shall | enter upon the duties of their office on the third
first Monday
| of the month following their election.
| Whenever a vacancy occurs, the remaining trustees shall | fill the
vacancy until the next regular school election, at | which election a
successor shall be elected to serve the | remainder of the unexpired
term. However, if the vacancy occurs | with less than 28 months remaining in
the term, or if the | vacancy occurs less than 88 days before the next
regularly | scheduled election for this office then the person so appointed
| shall serve the remainder of the unexpired term, and no | election to fill
the vacancy shall be held. The successor shall | have the same residential
qualifications as his predecessor. | Should they fail so to act, within 30
days after the vacancy | occurs, the regional superintendent of the region in
which the | township lies, or if the township is divided by a county line | or
lines, the regional superintendent of the region in which a | majority of the
children, who reside in districts subject to | the jurisdiction of the
trustees of schools of such township, | attend school, shall within 15 days after the
remaining | trustees have failed to fill the vacancy, fill the vacancy as
| provided for herein. The successor shall have the same type of | residential
qualifications as his predecessor.
| (Source: P.A. 86-1441.)
| (105 ILCS 5/6-17) (from Ch. 122, par. 6-17)
| Sec. 6-17. Election of president - Terms of members. Except | as otherwise
provided in Section 2A-54 of the Election Code, on | the third
first
Monday in May, following the first election, or | if such day is
a holiday
then the next day, the regional
| superintendent of schools who shall be the ex-officio secretary |
| of the
board shall convene the newly elected regional board of | school trustees
for the purpose of organization. Except as | provided in Section 2A-54 of the
Election Code, at this meeting | the members shall
elect a president from among their number who | shall serve as president
for a term of 2 years and shall | determine by lot the length of the term
of each member so that | 2 shall serve for a term of 2 years, 2 for 4
years and 3 for 6 | years from the third
first Monday of the month
following the | date of their election. Except as provided in Section 2A-54 of
| the Election Code, thereafter members shall be elected
to serve | for a term of 6 years from the third
first Monday of the month | following
the date of their election or until their successors | are elected and qualified.
| All succeeding meetings for the purpose of organization | shall be held
on the third
first Monday in May following the | election; however, in
case the
third
first Monday in May is a | holiday the organization meeting shall
be held
on the next day.
| If educational service regions are consolidated under | Section 3A-3 or
3A-4 of this Act, however, the expiring terms | of members of each regional
board of school trustees in those | regions being consolidated shall be
extended so as to terminate | on the first Monday of August of the year that
consolidation | takes effect, as defined in Section 3A-5 of this Act, and, on
| such day, the Regional Superintendent of the consolidated | region shall
convene all the members of each regional board of | school trustees in the
consolidated region, and shall by lot | select from among such trustees an
interim regional board of | school trustees for the consolidated region in
accord with the | specifications as to membership and residency in Section
6-2. | The interim board so selected shall serve until their | successors are
elected at the succeeding regular election of | regional school trustees and
have qualified. A single regional | board of school trustees shall be elected
at such succeeding | regular election to take office on the third
first Monday of
| the month following such election. The board elected for the | consolidated
region shall be convened on such third
first
|
| Monday of the month following such
election for organizational | purposes, to elect a president and determine
terms for its | members by lot as provided in this Section. The respective
| regional boards of school trustees of educational service | regions involved
in consolidations under Section 3A-3 or 3A-4 | shall cease to exist at the
time the board elected for the | consolidated region is so organized.
| (Source: P.A. 90-358, eff. 1-1-98.)
| (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
| Sec. 10-5. Organization of board - Report to treasurer and | regional
superintendent of schools. Within 28
7 days after the | regular election of
directors, the directors shall meet and | organize by appointing one
of their number president and | another as clerk, except that when directors
are elected at the | consolidated elections in April of 1999 and April of 2001,
the | directors shall meet and organize, in the manner provided by | this Section,
within 7 days after the first Tuesday after the | first Monday of November in
each of those 2 years. The clerk | shall at once report
to the treasurer and regional | superintendent of schools the names of the
president and clerk | so appointed. Upon organizing itself as provided in this
| Section, the board of school directors shall enter upon the | discharge of its
duties. Terms of members are subject to | Section 2A-54 of the Election Code,
except as otherwise limited | by subsection (c) of Section 10-4.
| (Source: P.A. 90-358, eff. 1-1-98; 90-637, eff. 7-24-98; | 90-757, eff.
8-14-98; 91-357, eff. 7-29-99.)
| (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
| Sec. 10-16. Organization of Board. Within 28
7 days after | the consolidated
election, other than the consolidated | elections in 1999 and 2001, the
board shall organize by | electing its officers and fixing a time and place
for the | regular meetings. However, when school board members are | elected at
the consolidated elections held in April of 1999 and |
| April of 2001, the board
shall organize within 7 days after the | first Tuesday after the first Monday of
November in each such | year by electing officers and setting the time and place
of the | regular meetings. Upon organizing itself as provided in this | paragraph,
the board shall enter upon the discharge of its | duties.
| The regional superintendent of schools having supervision | and control, as
provided in Section 3-14.2, of a new school
| district that is governed by the School Code and formed on or | after the
effective date of this amendatory Act of 1998 shall | convene
the newly elected board within 7 days after the | election of the board of
education of that district, whereupon
| the board
shall proceed to organize by electing one of their | number as
president and
electing a secretary, who may or may | not be a member. At such meeting the
length of term of each of | the members shall be determined by lot so that 4
shall serve | for 4 years, and 3 for 2 years from the commencement of their
| terms; provided, however, if such members were not elected at | the
consolidated election in an odd-numbered year, such initial
| terms shall be
extended to the consolidated election for school | board
members immediately
following the expiration of the | initial 4 or 2 year terms.
The provisions of this paragraph | that relate to the determination of terms by
lot shall not | apply to the initial members of the board of education of a
| combined school district who are to be elected to unstaggered | terms as provided
in subsection (a-5) of Section 11B-7.
| The terms of the
officers of a board of education shall be | for 2 years, except that
the
terms of the officers elected at | the organization meeting in November, 2001
shall expire at the | organization meeting in April, 2003; provided that the
board by | resolution may
establish a policy for the terms of office to be | one year, and provide for
the election of officers.
| Special meetings of the board of education may be called by | the president
or by any 3 members of the board by giving notice | thereof in writing, stating
the time, place and purpose of the | meeting. Such notice may be served by
mail 48 hours before such |
| meeting or by personal service 24 hours before
such meeting. | Public notice of meetings must also be given as prescribed in
| Sections 2.02 and 2.03 of the Open Meetings Act, as now or | hereafter amended.
| At each regular and special meeting which is open to the | public, members
of the public and employees of the district | shall be afforded time, subject
to reasonable constraints, to | comment to or ask questions of the board.
| The president or district superintendent shall, at each | regular board
meeting, report any requests made of the district | under provisions of The
Freedom of Information Act and shall | report the status of the district's
response.
| (Source: P.A. 90-459, eff. 8-17-97; 90-637, eff. 7-24-98.)
|
|
Section 45. The Public Community College Act is amended by | changing Section 3-8 as follows:
| (110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
| Sec. 3-8. Following each election and canvass, the new | board shall
hold its organizational meeting on or before the | 28th
14th day after the election,
except that in 1999, 2001, | and 2003 (except District #522) the board shall
organize within | 14 days
after the first Tuesday after the first Monday of | November in each of those 3
years. In 2003 in District #522, | the new board shall hold its organizational
meeting on or | before the 14th day after the consolidated election.
If the | election is the initial election ordered by the regional | superintendent,
the organizational meeting shall be convened | by the regional superintendent,
who shall preside over the | meeting until the election for chairman, vice
chairman and | secretary of board is completed. At all other organizational
| meetings, the chairman of the board, or, in his or her absence, | the president
of the community college or acting chief | executive officer of the college shall
convene the new board, | and conduct the election for chairman, vice chairman and
| secretary. The board shall then proceed with its organization |
| under the newly
elected board officers, and shall fix a time | and place for its regular
meetings. It shall than enter upon | the discharge of its duties. The terms of
board office shall be | 2 years, except that the board by resolution may
establish a | policy for the terms of office to be one year, and provide for | the
election of officers for the remaining one year period.
| Terms of members are subject to Section 2A-54 of the Election | Code.
| Special meetings of the board may be called by the chairman | or by any
3 members of the board by giving notice thereof in | writing stating the
time, place and purpose of the meeting. | Such notice may be served by
mail 48 hours before the meeting | or by personal service 24 hours before
the meeting.
| At each regular and special meeting which is open to the | public,
members of the public and employees of the community | college district shall
be afforded time, subject to reasonable | constraints, to comment to or ask
questions of the board.
| (Source: P.A. 92-1, eff. 3-30-01.)
|
|
Section 50. The Fox Waterway Agency Act is amended by | changing Section 5 as follows:
| (615 ILCS 90/5) (from Ch. 19, par. 1205)
| Sec. 5. The Agency shall be governed by a Board of | Directors, which
shall consist of 6 directors and one chairman | elected pursuant to this Section.
| Three directors shall be elected from within the territory | of each
member county. Any resident
of a member county and the | territory of the Agency, at least 18 years
of age, may become a | candidate for
election as a director by filing a nominating | petition
with the State Board of Elections containing the | verified
signatures of at least 200 of the registered
voters of | such county who reside within the territory of the Agency.
Such | petition shall be filed not more than 78 nor
less than 71 days | prior to the date of election.
| The chairman shall be elected at large from the territory |
| of the Agency.
Any person eligible to become a candidate for | election as director may become
a candidate for election as | chairman by filing a nominating petition with
the State Board | of Elections containing the
verified signatures of at least 200 | of the
registered voters of each member county who reside | within the territory
of the Agency. Such petition shall be | filed
not more than 78 nor less than 71 days prior to the date | of the election.
| Within
7 days after each consolidated election at which the | chairman is
elected, the county clerk of each member county | shall transmit the returns
for the election to the office of | chairman
to the
State Board of Elections.
The State Board of | Elections shall immediately canvass the returns
and proclaim | the results thereof and shall issue a certificate of election
| to the person so elected.
| Beginning in 1985, the directors and chairman shall be | elected at the
consolidated election and shall serve from the | third
first Monday in May
following their respective elections | until their respective successors are
elected and qualified. | The term of office of a director shall be for 4
years, except | that of the directors elected at the consolidated election of
| 1985, 3 shall serve until the first Monday in May 1987 and 3
| shall serve until the first Monday in May 1989. The term of | office
of a chairman shall be 4 years.
| At least 90 days before the consolidated election of 1985 | the State Board
of Elections shall meet to determine by lot | which 3 director positions
shall be elected for terms to expire | on the first Monday in May 1987 and
which 3 director positions | shall be elected for terms to expire on the
first Monday in May | 1989. At least one director position from each member
county | shall be elected for a term to expire on the first Monday in | May 1987.
| The county clerks of the member counties shall provide | notice of each
election for chairman and director
in the manner | prescribed in Article 12 of The Election Code, with the
notice | of the elections to be held at the consolidated election of |
| 1985 to
include a statement as to whether the director is to be | elected for a term of
2 years or for a term of 4 years.
| A chairman shall be elected at the consolidated election of | 1985 and at
each consolidated election every 4 years | thereafter. Six directors shall be
elected at the consolidated | election of 1985. At the consolidated election
of 1987, and at | each consolidated election every 4 years thereafter,
directors | shall be elected from the constituencies of the directors who
| were elected at the consolidated election of 1985 and whose | terms expired on
the first Monday in May 1987. At the | consolidated election of 1989, and at
each consolidated | election every 4 years thereafter, directors shall be
elected | from the constituencies of the directors who were elected at | the
consolidated election of 1985 and whose terms expired on | the first Monday in May 1989.
| Vacancies in the office of director or chairman shall be | filled by the
remaining members of the Board, who shall appoint | to fill the vacated
office for the remainder of the term of | such office an individual who would
be eligible for election to | such office.
If, however, a vacancy occurs in the office of | chairman or director
with at least 28 months remaining in the | term of such office, the office
shall be filled for the | remainder of the term at the next consolidated
election. Until | the office is filled by election, the remaining members of
the | Board shall appoint a qualified person to the office in the | manner provided
in this Section.
| (Source: P.A. 84-776.)
|
|
Section 95. Severability. The provisions of this | amendatory Act of the 93rd General Assembly are severable under | Section 1.31 of the Statute on Statutes.
|
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|