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.