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Public Act 098-0691 |
HB0105 Enrolled | LRB098 02624 KMW 32629 b |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Minimum Wage Increase Referendum Act. |
Section 5. Referendum. The State Board of Elections shall |
cause a statewide advisory public question to be submitted to |
the voters at the general election to be held on November 4, |
2014. The question shall appear in the following form: |
"Shall the minimum wage in Illinois for adults over the age |
of 18 be raised to $10 per hour by January 1, 2015?"
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The votes on the question shall be recorded as "Yes" or "No".
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Section 10. Certification. The State Board of Elections |
shall immediately certify the question to be submitted to the |
voters of the entire State under Section 5 to each election |
authority in Illinois.
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Section 15. Conflicts. If any provision of this Act |
conflicts with any other law, this Act controls.
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Section 90. Repeal. This Act is repealed on January 1, |
2015.
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Section 900. The Election Code is amended by changing |
Sections 1-12, 4-50, 5-50, 6-100, 9-9.5, 10-6, 10-8, 10-10, |
11-6, 13-2.5, 14-4.5, 18A-5, 18A-15, 19-2, 19A-10, 19A-15, and |
19A-35 as follows: |
(10 ILCS 5/1-12) |
Sec. 1-12. Public university voting. |
(a) Each appropriate election authority shall, in addition |
to the early voting conducted at locations otherwise required |
by law, conduct early voting in a high traffic location on the |
campus of a public university within the election authority's |
jurisdiction. For the purposes of this Section, "public |
university" means the University of Illinois at its campuses in |
Urbana-Champaign and Springfield, Southern Illinois University |
at its campuses in Carbondale and Edwardsville, Eastern |
Illinois University, Illinois State University, Northern |
Illinois University, and Western Illinois University at its |
campuses in Macomb and Moline. The voting required by this |
subsection (a) Section to be conducted on campus must be |
conducted as otherwise required by Article 19A of this Code. If |
an election authority has voting equipment that can accommodate |
a ballot in every form required in the election authority's |
jurisdiction, then the election authority shall extend early |
voting under this Section to any registered voter in the |
election authority's jurisdiction. However, if the election |
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authority does not have voting equipment that can accommodate a |
ballot in every form required in the election authority's |
jurisdiction, then the election authority may limit early |
voting under this Section to registered voters in precincts |
where the public university is located and precincts bordering |
the university. Each public university shall make the space |
available in a high traffic area for, and cooperate and |
coordinate with the appropriate election authority in, the |
implementation of this subsection (a). Section.
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(b) Each appropriate election authority shall, in addition |
to the voting conducted at locations otherwise required by law, |
conduct in-person absentee voting on election day in a |
high-traffic location on the campus of a public university |
within the election authority's jurisdiction. The procedures |
for conducting in-person absentee voting at a site established |
pursuant to this subsection (b) shall, to the extent |
practicable, be the same procedures required by Article 19 of |
this Code for in-person absentee ballots. The election |
authority may limit in-person absentee voting under this |
subsection (b) to registered voters in precincts where the |
public university is located and precincts bordering the |
university. The election authority shall have voting equipment |
and ballots necessary to accommodate registered voters who may |
cast an in-person absentee ballot at a site established |
pursuant to this subsection (b). Each public university shall |
make the space available in a high-traffic area for, and |
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cooperate and coordinate with the appropriate election |
authority in, the implementation of this subsection (b). |
(c) For the purposes of this Section, "public university" |
means the University of Illinois at its campuses in |
Urbana-Champaign and Springfield, Southern Illinois University |
at its campuses in Carbondale and Edwardsville, Eastern |
Illinois University, Illinois State University, Northern |
Illinois University, and Western Illinois University at its |
campuses in Macomb and Moline. |
(Source: P.A. 98-115, eff. 7-29-13.) |
(10 ILCS 5/4-50) |
Sec. 4-50. Grace period. Notwithstanding any other |
provision of this
Code to the contrary, each election authority |
shall
establish procedures for the registration of voters and |
for change of address during the period from the close of
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registration for a primary or election and until the 3rd day |
before the
primary or election , except that during the 2014 |
general election the period shall extend until the polls close |
on election day . During this grace period, an unregistered |
qualified
elector may
register to vote, and a registered voter |
may submit a change of address form, in person in the office of |
the election
authority or at a voter registration location |
specifically designated for this
purpose by the election |
authority. During the 2014 general election, an unregistered |
qualified elector may register to vote, and a registered voter |
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may submit a change of address form, in person at any permanent |
polling place for early voting established under Section 19A-10 |
through election day. The election authority shall
register |
that individual, or change a registered voter's address, in the |
same manner as otherwise provided by this Article for |
registration and change of address. |
If a voter who registers or changes address during this |
grace period wishes to vote at the first election or primary |
occurring after the grace period, he or she must do so by grace |
period voting. The election authority shall offer in-person |
grace period voting at the authority's office and any permanent |
polling place where grace period registration is required by |
this Section; and may offer in-person grace period voting at |
additional locations specifically designated for the purpose |
of grace period voting by the election authority. The election |
authority may allow grace period voting by mail only if the |
election authority has no ballots prepared at the authority's |
office. Grace period voting shall be in a manner substantially |
similar to voting under Article 19. |
Within one day after a voter casts a grace period ballot, |
or within one day after the ballot is received by the election |
authority if the election authority allows grace period voting |
by mail, the election authority shall transmit by electronic |
means pursuant to a process established by the State Board of |
Elections the voter's name, street address, e-mail address, and |
precinct, ward, township, and district numbers, as the case may |
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be, to the State Board of Elections, which shall maintain those |
names and that information in an electronic format on its |
website, arranged by county and accessible to State and local |
political committees. The name of each person issued a grace |
period ballot shall also be placed on the appropriate precinct |
list of persons to whom absentee and early ballots have been |
issued, for use as provided in Sections 17-9 and 18-5. |
A person who casts a grace period ballot shall not be |
permitted to revoke that ballot and vote another ballot with |
respect to that primary or election. Ballots cast by persons |
who register or change address during the grace period must be |
transmitted to and counted at the election authority's central |
ballot counting location and shall not be transmitted to and |
counted at precinct polling places.
The grace period ballots |
determined to be valid shall be added to the vote totals for |
the precincts for which they were cast in the order in which |
the ballots were opened.
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(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) |
(10 ILCS 5/5-50) |
Sec. 5-50. Grace period. Notwithstanding any other |
provision of this
Code to the contrary, each election authority |
shall
establish procedures for the registration of voters and |
for change of address during the period from the close of
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registration for a primary or election and until the 3rd day |
before the
primary or election , except that during the 2014 |
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general election the period shall extend until the polls close |
on election day . During this grace period, an unregistered |
qualified
elector may
register to vote, and a registered voter |
may submit a change of address form, in person in the office of |
the election
authority or at a voter registration location |
specifically designated for this
purpose by the election |
authority. During the 2014 general election, an unregistered |
qualified elector may register to vote, and a registered voter |
may submit a change of address form, in person at any permanent |
polling place for early voting established pursuant to Section |
19A-10 through election day. The election authority shall
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register that individual, or change a registered voter's |
address, in the same manner as otherwise provided by this |
Article for registration and change of address. |
If a voter who registers or changes address during this |
grace period wishes to vote at the first election or primary |
occurring after the grace period, he or she must do so by grace |
period voting. The election authority shall offer in-person |
grace period voting at his or her office and any permanent |
polling place where grace period registration is required by |
this Section; and may offer in-person grace period voting at |
additional locations specifically designated for the purpose |
of grace period voting by the election authority. The election |
authority may allow grace period voting by mail only if the |
election authority has no ballots prepared at the authority's |
office. Grace period voting shall be in a manner substantially |
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similar to voting under Article 19. |
Within one day after a voter casts a grace period ballot, |
or within one day after the ballot is received by the election |
authority if the election authority allows grace period voting |
by mail, the election authority shall transmit by electronic |
means pursuant to a process established by the State Board of |
Elections the voter's name, street address, e-mail address, and |
precinct, ward, township, and district numbers, as the case may |
be, to the State Board of Elections, which shall maintain those |
names and that information in an electronic format on its |
website, arranged by county and accessible to State and local |
political committees. The name of each person issued a grace |
period ballot shall also be placed on the appropriate precinct |
list of persons to whom absentee and early ballots have been |
issued, for use as provided in Sections 17-9 and 18-5. |
A person who casts a grace period ballot shall not be |
permitted to revoke that ballot and vote another ballot with |
respect to that primary or election. Ballots cast by persons |
who register or change address during the grace period must be |
transmitted to and counted at the election authority's central |
ballot counting location and shall not be transmitted to and |
counted at precinct polling places. The grace period ballots |
determined to be valid shall be added to the vote totals for |
the precincts for which they were cast in the order in which |
the ballots were opened.
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(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) |
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(10 ILCS 5/6-100) |
Sec. 6-100. Grace period. Notwithstanding any other |
provision of this
Code to the contrary, each election authority |
shall
establish procedures for the registration of voters and |
for change of address during the period from the close of
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registration for a primary or election and until the 3rd day |
before the
primary or election , except that during the 2014 |
general election the period shall extend until the polls close |
on election day . During this grace period, an unregistered |
qualified
elector may
register to vote, and a registered voter |
may submit a change of address form, in person in the office of |
the election
authority or at a voter registration location |
specifically designated for this
purpose by the election |
authority. During the 2014 general election, an unregistered |
qualified elector may register to vote, and a registered voter |
may submit a change of address form, in person at any permanent |
polling place for early voting established pursuant to Section |
19A-10 through election day. The election authority shall
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register that individual, or change a registered voter's |
address, in the same manner as otherwise provided by this |
Article for registration and change of address. |
If a voter who registers or changes address during this |
grace period wishes to vote at the first election or primary |
occurring after the grace period. The election authority shall |
offer in-person grace period voting at the authority's office |
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and any permanent polling place where grace period registration |
is required by this Section; and may offer in-person grace |
period voting at additional locations specifically designated |
for the purpose of grace period voting by the election |
authority. The election authority may allow grace period voting |
by mail only if the election authority has no ballots prepared |
at the authority's office. Grace period voting shall be in a |
manner substantially similar to voting under Article 19. |
Within one day after a voter casts a grace period ballot, |
or within one day after the ballot is received by the election |
authority if the election authority allows grace period voting |
by mail, the election authority shall transmit by electronic |
means pursuant to a process established by the State Board of |
Elections the voter's name, street address, e-mail address, and |
precinct, ward, township, and district numbers, as the case may |
be, to the State Board of Elections, which shall maintain those |
names and that information in an electronic format on its |
website, arranged by county and accessible to State and local |
political committees. The name of each person issued a grace |
period ballot shall also be placed on the appropriate precinct |
list of persons to whom absentee and early ballots have been |
issued, for use as provided in Sections 17-9 and 18-5. |
A person who casts a grace period ballot shall not be |
permitted to revoke that ballot and vote another ballot with |
respect to that primary or election. Ballots cast by persons |
who register or change address during the grace period must be |
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transmitted to and counted at the election authority's central |
ballot counting location and shall not be transmitted to and |
counted at precinct polling places. The grace period ballots |
determined to be valid shall be added to the vote totals for |
the precincts for which they were cast in the order in which |
the ballots were opened.
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(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) |
(10 ILCS 5/9-9.5)
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Sec. 9-9.5. Disclosures in political communications. |
(a)
Any political committee, organized under the Election |
Code, that
makes an expenditure for a pamphlet, circular, |
handbill, Internet or telephone 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 subsection does
not apply to items that are |
too small to contain the required disclosure.
This subsection |
does not apply to an expenditure for the preparation , or |
distribution , or publication of any printed communication |
directed at constituents of a member of the General Assembly if |
the expenditure is made by a political committee in accordance |
with subsection (c) of Section 9-8.10. Nothing in this |
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subsection 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.
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Whenever any vendor or other person provides any of the |
services listed in this subsection, other than 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, the vendor or person shall keep and |
maintain records showing the name and address of the person who |
purchased or requested the services and the amount paid for the |
services. The records required by this subsection shall be kept |
for a period of one year after the date upon which payment was |
received for the services.
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(b) Any political committee, organized under this Code,
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that makes an expenditure for a pamphlet, circular, handbill,
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Internet or telephone communication, radio, television, or
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print advertisement, or other communication directed at voters
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and (i) mentioning the name of a candidate in the next upcoming
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election, without that candidate's permission, or
(ii)
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advocating for or against a public policy position shall ensure
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that the name of the political committee paying for any part of
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the communication, including, but not limited to, its
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preparation and distribution, is identified clearly within the
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communication. Nothing in this subsection shall require |
disclosure on
any telephone communication using random |
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sampling or other
scientific survey methods to gauge public |
opinion for or
against any candidate or question of public |
policy. |
(c) A political committee organized under this Code shall
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not make an expenditure for any unsolicited telephone call to
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the line of a residential telephone customer in this State
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using any method to block or otherwise circumvent that
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customer's use of a caller identification service.
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(Source: P.A. 98-115, eff. 7-29-13.)
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(10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
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Sec. 10-6. Time and manner of filing. Certificates
of
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nomination and nomination papers for the nomination of |
candidates for
offices to be filled by electors of the entire |
State, or any district
not entirely within a county, or for |
congressional, state legislative or
judicial offices, shall be |
presented to the principal office of the
State Board of |
Elections not more than 141 nor less than 134
days previous
to |
the day of election for which the candidates are nominated. The
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State Board of Elections shall endorse the certificates of |
nomination or
nomination papers, as the case may be, and the |
date and hour of
presentment to it. Except as otherwise |
provided in this section, all
other certificates for the |
nomination of candidates shall be filed with
the county clerk |
of the respective counties not more than 141 but at
least 134 |
days previous to the day of such election. Certificates of |
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nomination and nomination papers for the nomination of |
candidates for school district offices to be filled at |
consolidated elections shall be filed with the election |
authority in which the principal office of the school district |
is located not more than 113 nor less than 106 days before the |
consolidated election. Certificates
of
nomination and |
nomination papers for the nomination of candidates for
the |
other offices of political subdivisions to be filled at regular |
elections
other than the general election shall be filed with |
the local election
official of such subdivision:
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(1) (Blank);
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(2) not more than 113 nor less than 106 days prior to |
the
consolidated
election; or
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(3) not more than 113 nor less than 106 days prior to |
the general
primary in the case of municipal offices to be |
filled at the general
primary election; or
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(4) not more than 99 nor less than 92 days before the
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consolidated
primary in the case of municipal offices to be |
elected on a nonpartisan
basis pursuant to law (including |
without limitation, those municipal
offices subject to |
Articles 4 and 5 of the Municipal Code); or
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(5) not more than 113 nor less than 106 days before the |
municipal
primary in even numbered years for such |
nonpartisan municipal offices
where annual elections are |
provided; or
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(6) in the case of petitions for the office of |
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multi-township assessor,
such petitions shall be filed |
with the election authority not more than
113 nor less than |
106 days before the consolidated election.
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However, where a political subdivision's boundaries are |
co-extensive
with or are entirely within the jurisdiction of a |
municipal board of
election commissioners, the certificates of |
nomination and nomination
papers for candidates for such |
political subdivision offices shall be filed
in the office of |
such Board.
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(Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
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(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
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Sec. 10-8.
Certificates of nomination and nomination |
papers, and
petitions to submit public questions to a |
referendum, being filed as
required by this Code, and being in |
apparent conformity with the
provisions of this Act, shall be |
deemed to be valid unless objection
thereto is duly made in |
writing within 5 business days after the last day for
filing |
the certificate of nomination or nomination papers or petition
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for a public question, with the following exceptions:
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A. In the case of petitions to amend Article IV of the
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Constitution of the State of Illinois, there shall be a |
period of 35
business days after the last day for the |
filing of such
petitions in which objections can be filed.
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B. In the case of petitions for advisory questions of |
public policy to be
submitted to the voters of the entire |
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State, there shall be a period of
35 business days after |
the last day for the filing of such
petitions in which |
objections can be filed.
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Any legal voter of the political subdivision or district in |
which the
candidate or public question is to be voted on, or |
any legal voter in
the State in the case of a proposed |
amendment to Article IV of the
Constitution or an advisory |
public question to be submitted to the
voters of the entire |
State, having objections to any certificate of nomination
or |
nomination papers or petitions filed, shall file an objector's |
petition
together with 2 copies a copy thereof in the principal |
office or the permanent branch
office of the State Board of |
Elections, or in the office of the election
authority or local |
election official with whom the certificate of
nomination, |
nomination papers or petitions are on file. Objection petitions |
that do not include 2 copies thereof, shall not be accepted.
In |
the case of nomination papers or certificates of nomination,
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the State Board of Elections, election authority or local |
election official
shall note the day and hour upon which such |
objector's
petition is filed, and shall, not later than 12:00
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noon on the second business day after receipt of the
petition, |
transmit by registered mail or receipted
personal delivery the |
certificate of nomination or nomination papers and
the original |
objector's petition to the chairman of the proper electoral
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board designated in Section 10-9 hereof, or his authorized |
agent, and
shall transmit a copy by registered mail or |
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receipted personal delivery
of the objector's petition, to the |
candidate whose certificate of nomination
or nomination papers |
are objected to, addressed to the place of residence
designated |
in said certificate of nomination or nomination papers. In the
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case of objections to a petition for a proposed amendment to |
Article IV of
the Constitution or for an advisory public |
question to be submitted to the
voters of the entire State, the |
State Board of Elections shall note the day
and hour upon which |
such objector's petition is filed and shall transmit a
copy of |
the objector's petition by registered mail or receipted |
personal
delivery to the person designated on a certificate |
attached to the petition
as the principal proponent of such |
proposed amendment or public question,
or as the proponents' |
attorney, for the purpose of receiving notice of
objections. In |
the case of objections to a petition for a public question,
to |
be submitted to the voters of a political subdivision, or |
district
thereof, the election authority or local election |
official with whom such
petition is filed shall note the day |
and hour upon which such
objector's petition was filed, and |
shall, not later than 12:00 noon on the
second business day |
after receipt of the petition,
transmit by registered mail or |
receipted personal delivery
the petition for the public |
question and the original objector's petition
to the chairman |
of the proper electoral board designated in Section 10-9
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hereof, or his authorized agent, and shall transmit a copy by
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registered mail or receipted personal delivery, of the |
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objector's petition
to the person designated on a certificate |
attached to the petition as the
principal proponent of the |
public question, or as the proponent's attorney,
for the |
purposes of receiving notice of objections.
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The objector's petition shall give the objector's name and |
residence
address, and shall state fully the nature of the |
objections to the
certificate of nomination or nomination |
papers or petitions in question,
and shall state the interest |
of the objector and shall state what relief
is requested of the |
electoral board.
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The provisions of this Section and of Sections 10-9, 10-10 |
and
10-10.1 shall also apply to and govern objections to |
petitions for
nomination filed under Article 7 or Article 8, |
except as otherwise
provided in Section 7-13 for cases to which |
it is applicable, and also
apply to and govern petitions for |
the submission of public questions under
Article 28.
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(Source: P.A. 86-1348.)
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(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
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Sec. 10-10. Within 24 hours after the receipt of the |
certificate of
nomination or nomination papers or proposed |
question of public
policy, as the case may be, and the |
objector's petition, the chairman
of the electoral board other |
than the State Board of Elections shall
send a call by |
registered or certified mail to each of the members of the
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electoral board, and to the objector who filed the objector's |
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petition, and
either to the candidate whose certificate of |
nomination or nomination
papers are objected to or to the |
principal proponent or attorney for
proponents of a question of |
public policy, as the case may be, whose
petitions are objected |
to, and shall also cause the sheriff of the county
or counties |
in which such officers and persons reside to serve a copy of
|
such call upon each of such officers and persons, which call |
shall set out
the fact that the electoral board is required to |
meet to hear and pass upon
the objections to nominations made |
for the office, designating it, and
shall state the day, hour |
and place at which the electoral board shall meet
for the |
purpose, which place shall be in the
county court house in the |
county in the case of the County Officers
Electoral Board, the |
Municipal Officers Electoral Board, the Township
Officers |
Electoral Board or the Education Officers Electoral Board, |
except that the Municipal Officers Electoral Board, the |
Township Officers Electoral Board, and the Education Officers |
Electoral Board may meet at the location where the governing |
body of the municipality, township, or community college |
district, respectively, holds its regularly scheduled |
meetings, if that location is available; provided that voter |
records may be removed from the offices of an election |
authority only at the discretion and under the supervision of |
the election authority.
In
those cases where the State Board of |
Elections is the electoral board
designated under Section 10-9, |
the chairman of the State Board of Elections
shall, within 24 |
|
hours after the receipt of the certificate of nomination
or |
nomination papers or petitions for a proposed amendment to |
Article IV of
the Constitution or proposed statewide question |
of public policy, send a
call by registered or certified mail |
to the objector who files the
objector's petition, and either |
to the candidate whose certificate of
nomination or nomination |
papers are objected to or to the principal
proponent or |
attorney for proponents of the proposed Constitutional
|
amendment or statewide question of public policy and shall |
state the day,
hour and place at which the electoral board |
shall meet for the purpose,
which place may be in the Capitol |
Building or in the principal or permanent
branch office of the |
State Board. The day of the meeting shall not be less
than 3 |
nor more than 5 days after the receipt of the certificate of
|
nomination or nomination papers and the objector's petition by |
the chairman
of the electoral board.
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The electoral board shall have the power to administer |
oaths and to
subpoena and examine witnesses and at the request |
of either party and only upon a vote by a majority of its |
members, may authorize the
chairman to may issue subpoenas |
requiring the attendance of witnesses and
subpoenas duces tecum |
requiring the production of such books, papers,
records and |
documents as may be evidence of any matter under inquiry
before |
the electoral board, in the same manner as witnesses are
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subpoenaed in the Circuit Court.
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Service of such subpoenas shall be made by any sheriff or |
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other
person in the same manner as in cases in such court and |
the fees of such
sheriff shall be the same as is provided by |
law, and shall be paid by
the objector or candidate who causes |
the issuance of the subpoena. In
case any person so served |
shall knowingly neglect or refuse to obey any
such subpoena, or |
to testify, the electoral board shall at once file a
petition |
in the circuit court of the county in which such hearing is to
|
be heard, or has been attempted to be heard, setting forth the |
facts, of
such knowing refusal or neglect, and accompanying the |
petition with a
copy of the citation and the answer, if one has |
been filed, together
with a copy of the subpoena and the return |
of service thereon, and shall
apply for an order of court |
requiring such person to attend and testify,
and forthwith |
produce books and papers, before the electoral board. Any
|
circuit court of the state, excluding the judge who is sitting |
on the electoral
board, upon such showing shall order such |
person to appear and testify,
and to forthwith produce such |
books and papers, before the electoral board
at a place to be |
fixed by the court. If such person shall knowingly fail
or |
refuse to obey such order of the court without lawful excuse, |
the court
shall punish him or her by fine and imprisonment, as |
the nature of the case
may require and may be lawful in cases |
of contempt of court.
|
The electoral board on the first day of its meeting shall |
adopt rules
of procedure for the introduction of evidence and |
the presentation of
arguments and may, in its discretion, |
|
provide for the filing of briefs
by the parties to the |
objection or by other interested persons.
|
In the event of a State Electoral Board hearing on |
objections to a
petition for an amendment to Article IV of the |
Constitution
pursuant to Section 3 of Article XIV of the |
Constitution, or to a
petition for a question of public policy |
to be submitted to the
voters of the entire State, the |
certificates of the county clerks and boards
of election |
commissioners showing the results of the random sample of
|
signatures on the petition shall be prima facie valid and |
accurate, and
shall be presumed to establish the number of |
valid and invalid
signatures on the petition sheets reviewed in |
the random sample, as prescribed
in Section 28-11 and 28-12 of |
this Code. Either party, however, may introduce
evidence at |
such hearing to dispute the findings as to particular |
signatures.
In addition to the foregoing, in the absence of |
competent evidence presented
at such hearing by a party |
substantially challenging the results of a random
sample, or |
showing a different result obtained by an additional sample,
|
this certificate of a county clerk or board of election |
commissioners shall
be presumed to establish the ratio of valid |
to invalid signatures within
the particular election |
jurisdiction.
|
The electoral board shall take up the question as to |
whether or not
the certificate of nomination or nomination |
papers or petitions are in
proper form, and whether or not they |
|
were filed within the time and
under the conditions required by |
law, and whether or not they are the
genuine certificate of |
nomination or nomination papers or petitions
which they purport |
to be, and whether or not in the case of the
certificate of |
nomination in question it represents accurately the
decision of |
the caucus or convention issuing it, and in general shall
|
decide whether or not the certificate of nomination or |
nominating papers
or petitions on file are valid or whether the |
objections thereto should
be sustained and the decision of a |
majority of the electoral board shall
be final subject to |
judicial review as provided in Section 10-10.1. The
electoral |
board must state its findings in writing and must state in
|
writing which objections, if any, it has sustained. A copy of |
the decision shall be served upon the parties to the |
proceedings in open proceedings before the electoral board. If |
a party does not appear for receipt of the decision, the |
decision shall be deemed to have been served on the absent |
party on the date when a copy of the decision is personally |
delivered or on the date when a copy of the decision is |
deposited in the Unites States mail, in a sealed envelope or |
package, with postage prepaid, addressed to each party affected |
by the decision or to such party's attorney of record, if any, |
at the address on record for such person in the files of the |
electoral board.
|
Upon the expiration of the period within which a proceeding |
for
judicial review must be commenced under Section 10-10.1, |
|
the electoral
board shall, unless a proceeding for judicial |
review has been commenced
within such period, transmit, by |
registered or certified mail, a
certified copy of its ruling, |
together with the original certificate of
nomination or |
nomination papers or petitions and the original objector's
|
petition, to the officer or board with whom the certificate of
|
nomination or nomination papers or petitions, as objected to, |
were on
file, and such officer or board shall abide by and |
comply with the
ruling so made to all intents and purposes.
|
(Source: P.A. 98-115, eff. 7-29-13.)
|
(10 ILCS 5/11-6) (from Ch. 46, par. 11-6)
|
Sec. 11-6.
Within 60 days after the effective date of this |
amendatory Act of the 98th General Assembly, each election |
authority shall transmit to the principal office of the State |
Board of
Elections and publish on any website maintained by the |
election authority maps in electronic portable document format |
(.PDF) showing the current boundaries of all the precincts |
within its jurisdiction. Whenever election precincts in an |
election jurisdiction have been redivided or readjusted, the |
county board or board of election commissioners shall prepare |
maps in electronic portable document format (.PDF) showing such |
election precinct boundaries no later than 90 days before the |
next scheduled election. The maps shall show the boundaries of |
all political subdivisions and districts. The county board or |
board of election commissioners shall immediately forward |
|
copies thereof to the chairman of each county central committee |
in the county, to each township, ward, or precinct |
committeeman, and each local election official whose political |
subdivision is wholly or partly in the county and, upon |
request, shall furnish copies thereof to each candidate for |
political or public office in the county and shall transmit |
copies thereof to the principal office of the State Board of |
Elections and publish copies thereof on any website maintained |
by the election authority. |
Within 60 days of the effective date of this amendatory Act
of |
1983, each election authority shall transmit to the principal |
office
of the State Board of Elections maps showing the current |
boundaries of all
the precincts within its jurisdiction. |
Whenever election precincts in
an election jurisdiction have |
been redivided or readjusted, the county
board or board of |
election commissioners shall prepare maps showing such
|
election precinct boundaries no later than 45 days before the |
next scheduled
election. The maps, or transparent overlays, |
shall show the boundaries
of all political subdivisions and |
districts. The county board or board
of election commissioners |
shall immediately forward copies thereof to the
chairman of |
each county central committee in the county, to each township,
|
ward or precinct committeeman and each local election official |
whose
political subdivision is wholly or partly in the county |
and, upon request,
shall furnish copies thereof to each |
candidate for political or public office
in the county and |
|
shall transmit copies thereof to the principal office
of the |
State Board of Elections.
|
(Source: P.A. 84-861.)
|
(10 ILCS 5/13-2.5)
|
Sec. 13-2.5. Time off from work to serve as election judge.
|
Any person
who
is
appointed as an election judge under Section |
13-1 or 13-2 may, after giving his
or her
employer at least 20 |
days' written notice, be absent from his or her place of
work |
for the
purpose of serving as an election judge. An employer |
may not penalize an
employee for
that absence other than a |
deduction in salary for the time the employee was
absent from
|
his or her place of employment. An employer may not require an |
employee to use earned vacation time or any form of paid leave |
time to serve as an election judge.
|
This Section does not apply to an employer with fewer than |
25 employees.
An employer with more than 25 employees
shall not |
be required to permit more than 10% of the employees to be |
absent
under this Section on the same election day.
|
(Source: P.A. 94-645, eff. 8-22-05.) |
(10 ILCS 5/14-4.5)
|
Sec. 14-4.5. Time off from work to serve as election judge.
|
Any person
who
is
appointed as an election judge under Section |
13-1 or 13-2 may, after giving his
or her
employer at least 20 |
days' written notice, be absent from his or her place of
work |
|
for the
purpose of serving as an election judge. An employer |
may not penalize an
employee for
that absence other than a |
deduction in salary for the time the employee was
absent from
|
his or her place of employment. An employer may not require an |
employee to use earned vacation time or any form of paid leave |
time to serve as an election judge.
|
This Section does not apply to an employer with fewer than |
25 employees.
An employer with more than 25 employees
shall not |
be required to permit more than 10% of the employees to be |
absent
under this Section on the same election day.
|
(Source: P.A. 94-645, eff. 8-22-05.)
|
(10 ILCS 5/18A-5)
|
Sec. 18A-5. Provisional voting; general provisions.
|
(a) A person who claims to be a registered voter is |
entitled to cast a
provisional ballot under the following |
circumstances:
|
(1) The person's name does not appear on the official |
list of eligible
voters for the precinct in which
the |
person seeks to vote. The official list is the centralized |
statewide voter registration list established and |
maintained in accordance with Section 1A-25;
|
(2) The person's voting status has been challenged by |
an election judge, a
pollwatcher, or any legal voter and |
that challenge has been sustained by a
majority of the |
election judges;
|
|
(3) A federal or State court order extends the time for |
closing the polls
beyond the time period established by |
State law and the person votes during the
extended time |
period;
|
(4) The voter registered to vote by mail and is |
required by law to
present identification when voting |
either in person or by absentee ballot, but
fails to do so;
|
(5) The voter's name appears on the list of voters who |
voted during the early voting period, but the voter claims |
not to have voted during the early voting period; or |
(6) The voter received an absentee ballot but did not |
return the absentee ballot to the election authority ; or . |
(7) The voter registered to vote during the grace |
period on the day before election day or on election day |
during the 2014 general election. |
(b) The procedure for obtaining and casting a provisional |
ballot at the
polling place
shall be as follows:
|
(1) After first verifying through an examination of the |
precinct register that the person's address is within the |
precinct boundaries, an election judge at the polling place |
shall notify a person who is
entitled to cast a provisional |
ballot pursuant to subsection (a)
that he or she may cast a |
provisional ballot in that election.
An election judge
must |
accept any information provided by a person who casts a |
provisional ballot
that the person believes supports his or |
her claim that he or she is a duly
registered voter and |
|
qualified to vote in the election. However, if the person's |
residence address is outside the precinct boundaries, the |
election judge shall inform the person of that fact, give |
the person the appropriate telephone number of the election |
authority in order to locate the polling place assigned to |
serve that address, and instruct the person to go to the |
proper polling place to vote.
|
(2) The person shall execute a written form provided by |
the
election judge that shall state or contain all of the |
following that is available:
|
(i) an affidavit stating the following:
|
State of Illinois, County of ................, |
Township
.............,
Precinct ........, Ward |
........, I, ......................., do solemnly
|
swear (or affirm) that: I am a citizen of the |
United States; I am 18 years of
age or older; I |
have resided in this State and in this precinct for |
30 days
preceding this election; I have not voted |
in this election; I am a duly
registered voter in |
every respect; and I am eligible to vote in this |
election.
Signature ...... Printed Name of Voter |
....... Printed Residence
Address of Voter ...... |
City
...... State .... Zip Code ..... Telephone |
Number ...... Date of Birth .......
and Illinois |
Driver's License Number ....... or Last 4 digits of |
Social
Security
Number ...... or State |
|
Identification Card
Number issued to you by the |
Illinois Secretary of State........
|
(ii) A box for the election judge to check one of |
the 6 reasons why the
person was given a provisional |
ballot under subsection (a) of Section 18A-5.
|
(iii) An area for the election judge to affix his |
or her signature and to
set forth any facts that |
support or oppose the allegation that the person is
not |
qualified to vote in the precinct in which the person |
is seeking to vote.
|
The written affidavit form described in this |
subsection (b)(2) must be
printed on a multi-part form |
prescribed by the county clerk or board of
election |
commissioners, as the case may be.
|
(3) After the person executes the portion of the |
written affidavit described
in subsection (b)(2)(i) of |
this Section, the election judge shall complete the
portion |
of the written affidavit described in subsection |
(b)(2)(iii) and
(b)(2)(iv).
|
(4) The election judge shall give a copy of the |
completed written affidavit
to the person. The election |
judge shall place the original written affidavit in
a |
self-adhesive clear plastic packing list envelope that |
must be attached to a
separate envelope marked as a |
"provisional ballot envelope". The election judge
shall |
also place any information provided by the person who casts |
|
a provisional
ballot in the clear plastic packing list |
envelope. Each county clerk or board
of election |
commissioners, as the case may be,
must design, obtain or |
procure self-adhesive clear plastic packing list
envelopes |
and provisional ballot envelopes that are suitable for |
implementing
this subsection (b)(4) of this Section.
|
(5) The election judge shall provide the person with a |
provisional ballot,
written instructions for casting a |
provisional ballot, and the provisional
ballot envelope |
with the clear plastic packing list envelope affixed to it,
|
which contains the person's original written affidavit |
and, if any, information
provided by the provisional voter |
to support his or her claim that he or she is
a duly |
registered voter. An election judge must also give the |
person written
information that states that any person who |
casts a provisional ballot shall be
able to ascertain, |
pursuant to guidelines established by the State Board of
|
Elections, whether the provisional vote was counted in the |
official canvass of
votes for that election and, if the |
provisional vote was not counted, the
reason that the vote |
was not counted.
|
(6) After the person has completed marking his or her |
provisional ballot, he
or she shall place the marked ballot |
inside of the provisional ballot envelope,
close and seal |
the envelope, and return the envelope to an election judge, |
who
shall then deposit the sealed provisional ballot |
|
envelope into a securable
container separately identified |
and utilized for containing sealed provisional
ballot |
envelopes. Ballots that are provisional because they are |
cast after 7:00 p.m. by court
order shall be kept separate |
from other provisional ballots. Upon the closing of the |
polls, the securable container shall
be
sealed with |
filament tape provided for that purpose, which shall be |
wrapped
around the box lengthwise and crosswise, at least |
twice each way, and each of
the election judges shall sign |
the seal.
|
(c) Instead of the affidavit form described in subsection |
(b), the county
clerk or board of election commissioners, as |
the case may be, may design and
use a multi-part affidavit form |
that is imprinted upon or attached to the
provisional ballot |
envelope described in subsection (b). If a county clerk or
|
board of election commissioners elects to design and use its |
own multi-part
affidavit form, then the county clerk or board |
of election commissioners shall
establish a mechanism for |
accepting any information the provisional voter has
supplied to |
the election judge to support his or her claim that he or she |
is a
duly registered voter. In all other respects, a county |
clerk or board of
election commissioners shall establish |
procedures consistent with subsection
(b).
|
(d) The county clerk or board of election commissioners, as |
the case may be,
shall use the completed affidavit form |
described in subsection (b) to update
the person's voter |
|
registration information in the State voter registration
|
database and voter registration database of the county clerk or |
board of
election commissioners, as the case may be. If a |
person is later determined not
to be a registered voter based |
on Section 18A-15 of this Code, then the
affidavit shall be |
processed by the county clerk or board of election
|
commissioners, as the case may be, as a voter registration |
application.
|
(Source: P.A. 97-766, eff. 7-6-12.)
|
(10 ILCS 5/18A-15)
|
Sec. 18A-15. Validating and counting provisional ballots.
|
(a) The county clerk or board of election commissioners |
shall complete the
validation and counting of provisional |
ballots within 14 calendar days of
the day of the election. The |
county clerk or board of election commissioners
shall have 7 |
calendar days from the completion of the validation and
|
counting of provisional ballots to conduct its final canvass. |
The State Board
of Elections shall complete within 31 calendar |
days of the election or sooner
if all the returns are received, |
its final canvass of the vote for all public
offices.
|
(b) If a county clerk or board of election commissioners |
determines that all
of the following apply, then a provisional |
ballot is valid and shall be counted
as a vote:
|
(1) the provisional voter cast the provisional ballot |
in the correct
precinct based on the address provided by |
|
the provisional voter unless the provisional voter cast a |
ballot pursuant to paragraph (7) of subsection (a) of |
Section 18A-5, in which case the provisional ballot must |
have been cast in the correct election jurisdiction based |
on the address provided . The provisional voter's affidavit |
shall serve as a change of address request by that voter |
for registration purposes for the next ensuing election if |
it bears an address different from that in the records of |
the election authority. Votes for federal and statewide |
offices on a provisional ballot cast in the incorrect |
precinct that meet the other requirements of this |
subsection shall be valid and counted in accordance with |
rules adopted by the State Board of Elections. As used in |
this item, "federal office" is defined as provided in |
Section 20-1 and "statewide office" means the Governor, |
Attorney General, Secretary of State, Comptroller, and |
Treasurer. Votes for General Assembly, countywide, |
citywide, or township office on a provisional ballot cast |
in the incorrect precinct but in the correct legislative |
district, representative district, county, municipality, |
or township, as the case may be, shall be valid and counted |
in accordance with rules adopted by the State Board of |
Elections. As used in this item, "citywide office" means an |
office elected by the electors of an entire municipality. |
As used in this item, "township office" means an office |
elected by the electors of an entire township;
|
|
(2) the affidavit executed by the provisional voter |
pursuant to subsection
(b)(2) of Section 18A-5 contains, at |
a minimum, the provisional voter's first and last name, |
house number and street name, and signature or mark;
|
(3) the provisional voter is a registered voter based |
on information
available to the county clerk or board of |
election commissioners provided by or
obtained from any of |
the following:
|
i. the provisional voter;
|
ii. an election judge;
|
iii. the statewide voter registration database |
maintained by the State
Board of Elections;
|
iv. the records of the county clerk or board of |
election commissioners'
database; or
|
v. the records of the Secretary of State; and |
(4) for a provisional ballot cast under item (6) of |
subsection (a) of Section 18A-5, the voter did not vote by |
absentee ballot in the election at which the provisional |
ballot was cast.
|
(c) With respect to subsection (b)(3) of this Section, the |
county clerk or
board of election commissioners shall |
investigate and record whether or not the specified information |
is available from each of the 5 identified sources. If the |
information is available from one or more of the identified |
sources, then the
county clerk or board of election |
commissioners shall seek to obtain the
information from each of |
|
those sources until satisfied, with information from at least |
one of those sources, that the provisional voter is registered |
and entitled to vote. The county clerk
or board of election |
commissioners shall use any information it obtains as the
basis |
for determining the voter registration status of the |
provisional voter.
If a conflict exists among the information |
available to the county clerk or
board of election |
commissioners as to the registration status of the
provisional |
voter, then the county clerk or board of election commissioners
|
shall make a
determination based on the totality of the |
circumstances. In a case where the
above information equally |
supports or opposes the registration status of the
voter, the |
county clerk or board of election commissioners shall decide in
|
favor of the provisional voter as being duly registered to |
vote. If the
statewide voter registration database maintained |
by the State Board of
Elections indicates that the provisional |
voter is registered to vote, but the
county clerk's or board of |
election commissioners' voter registration database
indicates |
that the provisional voter is not registered to vote, then the
|
information found in the statewide voter registration database |
shall control
the matter and the provisional voter shall be |
deemed to be registered to vote.
If the records of the county |
clerk or board of election commissioners indicates
that the |
provisional
voter is registered to vote, but the statewide |
voter registration database
maintained by the State Board of |
Elections indicates that the provisional voter
is not |
|
registered to vote, then the information found in the records |
of the
county clerk or board of election commissioners shall |
control the matter and
the provisional voter shall be deemed to |
be registered to vote. If the
provisional voter's signature on |
his or her provisional ballot request varies
from the signature |
on
an otherwise valid registration application solely because |
of the substitution
of initials for the first or middle name, |
the election authority may not reject
the provisional ballot.
|
(d) In validating the registration status of a person |
casting a provisional
ballot, the county clerk or board of |
election commissioners shall not require a
provisional voter to |
complete any form other than the affidavit executed by the
|
provisional voter under subsection (b)(2) of Section 18A-5. In |
addition,
the
county clerk or board of election commissioners |
shall not require all
provisional voters or
any particular |
class or group of provisional voters to appear personally |
before
the county clerk or board of election commissioners or |
as a matter of policy
require provisional voters to submit |
additional information to verify or
otherwise support the |
information already submitted by the provisional voter.
Within |
2 calendar days after the election, the election authority |
shall transmit by electronic means pursuant to a process |
established by the State Board of Elections the name, street |
address, e-mail address, and precinct, ward, township, and |
district numbers, as the case may be, of each person casting a |
provisional ballot to the State Board of Elections, which shall |
|
maintain those names and that information in an electronic |
format on its website, arranged by county and accessible to |
State and local political committees. The provisional voter |
may, within 7 calendar days after the election, submit
|
additional information to the county clerk or board of election |
commissioners.
This information must be received by the county |
clerk or board of election
commissioners within the |
7-calendar-day period.
|
(e) If the county clerk or board of election commissioners |
determines that
subsection (b)(1), (b)(2), or (b)(3) does not |
apply, then the provisional
ballot is not valid
and may not be |
counted. The provisional ballot envelope containing the ballot
|
cast by the provisional voter may not be opened. The county |
clerk or board of
election commissioners shall write on the |
provisional ballot envelope the
following: "Provisional ballot |
determined invalid.".
|
(f) If the county clerk or board of election commissioners |
determines that a
provisional ballot is valid under this |
Section, then the provisional ballot
envelope shall be opened. |
The outside of each provisional ballot
envelope shall
also be
|
marked to identify the precinct and the date of the election.
|
(g) Provisional ballots determined to be valid shall be |
counted at the election authority's central ballot counting |
location and shall not be counted in precincts. The provisional |
ballots determined to be valid shall be added to the
vote
|
totals for the precincts from which they were cast in the order |
|
in which the
ballots were opened.
The validation and counting |
of provisional ballots shall be subject to the
provisions of |
this Code that apply to pollwatchers.
If the provisional |
ballots are a ballot of a punch card
voting system, then the |
provisional ballot shall be counted in a manner
consistent with |
Article 24A. If the provisional ballots
are a ballot of optical |
scan or other type of approved electronic voting
system, then |
the provisional ballots shall be counted in a manner consistent
|
with Article 24B.
|
(h) As soon as the ballots have been counted, the election |
judges or
election officials shall, in
the presence of the |
county clerk or board of election commissioners, place each
of |
the following items in a separate envelope or bag: (1) all |
provisional
ballots, voted or spoiled; (2)
all provisional |
ballot envelopes of provisional ballots voted or spoiled; and
|
(3) all executed affidavits
of the provisional ballots voted or |
spoiled.
All provisional ballot envelopes for provisional |
voters who have been
determined
not to be registered to vote |
shall remain sealed. The county clerk or board of
election |
commissioners shall treat the provisional ballot envelope |
containing
the written affidavit as a voter registration |
application for that person for
the next election and process |
that application.
The election judges or election officials |
shall then
securely
seal each envelope or bag, initial the |
envelope or bag, and plainly mark on the
outside of the |
envelope or bag in ink the precinct in which the provisional
|
|
ballots were cast. The election judges or election officials |
shall then place
each sealed envelope or
bag into a box, secure |
and seal it in the same manner as described in
item (6) of |
subsection (b) of Section 18A-5. Each election judge or |
election
official shall take and subscribe an oath
before the |
county clerk or
board of election commissioners that the |
election judge or election official
securely kept the
ballots |
and papers in the box, did not permit any person to open the |
box or
otherwise touch or tamper with the ballots and papers in |
the box, and has no
knowledge of any other person opening the |
box.
For purposes of this Section, the term "election official" |
means the county
clerk, a member of the board of election |
commissioners, as the case may be, and
their respective |
employees.
|
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
|
(10 ILCS 5/19-2) (from Ch. 46, par. 19-2) |
Sec. 19-2. Any elector as defined in Section 19-1 may by |
mail or electronically on the website of the appropriate |
election authority, not more than 90 40 nor less than 5 days |
prior to the
date of such election, or by personal delivery not |
more than 90 40 nor less
than one day prior to the date of such |
election, make application to the
county clerk or to the Board |
of Election Commissioners for an official
ballot for the |
voter's precinct to be voted at such election. The URL address |
at which voters may electronically request an absentee ballot |
|
shall be fixed no later than 90 calendar days before an |
election and shall not be changed until after the election.
|
Such a ballot shall be delivered to the elector only upon |
separate application by the elector for each election.
|
(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13.)
|
(10 ILCS 5/19A-10)
|
Sec. 19A-10. Permanent polling places for early voting.
|
(a) An election authority may establish permanent polling |
places for early
voting by personal appearance at locations |
throughout the election authority's
jurisdiction, including |
but not limited to a municipal clerk's office, a township |
clerk's office, a road district clerk's office, or a county or |
local public agency office. Except as otherwise provided in |
subsection (b), any person
entitled to vote early by personal |
appearance may do so at any polling place
established for early |
voting.
|
(b) If it is impractical for the election authority to |
provide at each
polling place for early voting a ballot in |
every form required in the election
authority's jurisdiction, |
the election authority may:
|
(1) provide appropriate forms of ballots to the office |
of the municipal
clerk in a municipality not having a board |
of election commissioners; the
township clerk; or in |
counties not under township organization, the road
|
district clerk; and
|
|
(2) limit voting at that polling place to registered |
voters in that
municipality, ward or group of wards, |
township, or road district.
|
If the early voting polling place does not have the correct |
ballot form for a person seeking to vote early, the election |
judge or election official conducting early voting at that |
polling place shall inform the person of that fact, give the |
person the appropriate telephone number of the election |
authority in order to locate an early voting polling place with |
the correct ballot form for use in that person's assigned |
precinct, and instruct the person to go to the proper early |
voting polling place to vote early.
|
(c) During each general primary and general election, each |
election authority in a county with a population over 250,000 |
shall establish at least one permanent polling place for early |
voting by personal appearance at a location within each of the |
3 largest municipalities within its jurisdiction. If any of the |
3 largest municipalities is over 80,000, the election authority |
shall establish at least 2 permanent polling places within the |
municipality. All population figures shall be determined by the |
federal census.
|
(d) During each general primary and general election, each |
board of election commissioners established under Article 6 of |
this Code in any city, village, or incorporated town with a |
population over 100,000 shall establish at least 2 permanent |
polling places for early voting by personal appearance. All |
|
population figures shall be determined by the federal census. |
(e) During each general primary and general election, each |
election authority in a county with a population of over |
100,000 but under 250,000 persons shall establish at least one |
polling place for early voting by personal appearance. The |
location for early voting may be the election authority's main |
office or another location designated by the election |
authority. The election authority may designate additional |
sites for early voting by personal appearance. All population |
figures shall be determined by the federal census.
|
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.) |
(10 ILCS 5/19A-15)
|
Sec. 19A-15. Period for early voting; hours.
|
(a) The period for early voting by personal appearance |
begins the 15th day preceding a general primary, consolidated |
primary, consolidated, or
general election and extends through |
the 3rd day before election day , except that for the 2014 |
general election the period for early voting by personal |
appearance shall extend through the 2nd day before election |
day .
|
(b) Except as otherwise provided by this Section, a A |
permanent polling place for early voting must remain open |
during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. to |
5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on Saturdays |
and holidays, and 12:00 p.m. to 3:00 p.m. on Sundays; except |
|
that, in addition to the hours required by this subsection, a |
permanent early voting polling place designated by an election |
authority under subsection (c) of Section 19A-10 must remain |
open for a total of at least 8 hours on any holiday during the |
early voting period and a total of at least 14 hours on the |
final weekend during the early voting period. For the 2014 |
general election, a permanent polling place for early voting |
must remain open during the hours of 8:30 a.m. to 4:30 p.m. or |
9:00 a.m. to 5:00 p.m. on weekdays, except that beginning 8 |
days before election day, a permanent polling place for early |
voting must remain open during the hours of 8:30 a.m. to 7:00 |
p.m., or 9:00 a.m. to 7:00 p.m.. For the 2014 general election, |
a permanent polling place for early voting shall remain open |
during the hours of 9:00 a.m. to 12:00 p.m. on Saturdays and |
10:00 a.m. to 4:00 p.m. on Sundays; except that, in addition to |
the hours required by this subsection (b), a permanent early |
voting place designated by an election authority under |
subsection (c) of Section 19A-10 must remain open for a total |
of at least 14 hours on the final weekend during the early |
voting period.
|
(c) Notwithstanding subsections (a) and (b), an election |
authority may close an early voting polling place if the |
building in which the polling place is located has been closed |
by the State or unit of local government in response to a |
severe weather emergency. In the event of a closure, the |
election authority shall conduct early voting on the 2nd day |
|
before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to |
5:00 p.m. The election authority shall notify the State Board |
of Elections of any closure and shall make reasonable efforts |
to provide notice to the public of the extended early voting |
period. |
(d) Notwithstanding subsections (a) and (b), in 2013 only, |
an election authority may close an early voting place on Good |
Friday, Holy Saturday, and Easter Sunday, provided that the |
early voting place remains open 2 hours later on April 3, 4, |
and 5 of 2013. The election authority shall notify the State |
Board of Elections of any closure and shall provide notice to |
the public of the closure and the extended hours during the |
final week. |
(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4, |
eff. 3-12-13; 98-115, eff. 7-29-13.) |
(10 ILCS 5/19A-35)
|
Sec. 19A-35. Procedure for voting.
|
(a) Not more than 23 days before the start of the election, |
the county clerk
shall make available to the election official |
conducting early voting by
personal
appearance a sufficient |
number of early ballots, envelopes, and printed voting
|
instruction slips for the use of early voters. The election |
official shall
receipt for all ballots received and shall |
return unused or spoiled ballots at
the close of the early |
voting period to the county clerk and must strictly
account for |
|
all ballots received. The ballots delivered to the election
|
official must include early ballots for each precinct in the |
election
authority's jurisdiction and must include separate |
ballots for each political
subdivision conducting an election |
of officers or a referendum at that
election.
|
(b) In conducting early voting under this Article, the |
election judge or official is
required to verify the signature |
of the early voter by comparison with the
signature on the
|
official registration card, and the judge or official must |
verify (i) the identity
of the applicant, (ii) that the |
applicant is a registered voter, (iii) the
precinct in which |
the applicant is registered, and (iv) the proper ballots of
the |
political subdivision in which the applicant resides and is |
entitled to
vote before providing an early ballot to the |
applicant. Except for during the 2014 general election, the
The |
applicant's identity must be verified by the applicant's |
presentation of an Illinois driver's license, a non-driver |
identification card issued by the Illinois Secretary of State, |
a photo identification card issued by a university or college, |
or another government-issued identification document |
containing the applicant's photograph. The election judge or |
official
must verify the applicant's registration from the most |
recent poll list
provided by the
election authority, and if the |
applicant is not listed on that poll list, by
telephoning the |
office of the election authority.
|
(b-5) A person requesting an early voting ballot to whom an |
|
absentee ballot was issued may vote early if the person submits |
that absentee ballot to the judges of election or official |
conducting early voting for cancellation. If the voter is |
unable to submit the absentee ballot, it shall be sufficient |
for the voter to submit to the judges or official (i) a portion |
of the absentee ballot if the absentee ballot was torn or |
mutilated or (ii) an affidavit executed before the judges or |
official specifying that (A) the voter never received an |
absentee ballot or (B) the voter completed and returned an |
absentee ballot and was informed that the election authority |
did not receive that absentee ballot. |
(b-10) Within one day after a voter casts an early voting |
ballot, the election authority shall transmit the voter's name, |
street address, and precinct, ward, township, and district |
numbers, as the case may be, to the State Board of Elections, |
which shall maintain those names and that information in an |
electronic format on its website, arranged by county and |
accessible to State and local political committees. |
(b-15) Immediately after voting an early ballot, the voter |
shall be instructed whether the voting equipment accepted or |
rejected the ballot or identified that ballot as under-voted |
for a statewide constitutional office. A voter whose ballot is |
identified as under-voted may return to the voting booth and |
complete the voting of that ballot. A voter whose early voting |
ballot is not accepted by the voting equipment may, upon |
surrendering the ballot, request and vote another early voting |
|
ballot. The voter's surrendered ballot
shall be initialed by |
the election judge or official conducting the early voting and |
handled as provided in the appropriate
Article governing the |
voting equipment used.
|
(c) The sealed early ballots in their carrier envelope |
shall be delivered by
the election authority to the central |
ballot counting location before the close of the
polls on the |
day of the election.
|
(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.) |
Section 905. The School Code is amended by changing Section |
9-11.1 as follows:
|
(105 ILCS 5/9-11.1) (from Ch. 122, par. 9-11.1)
|
Sec. 9-11.1.
The county clerk or the board of election |
commissioners, as the case may be, of the jurisdiction in which |
the principal office of the school district is located local |
election official shall conduct a lottery to
determine the |
ballot order of candidates for full terms in the event of
any |
simultaneous petition filings. Such candidate lottery shall be |
conducted as follows:
|
All petitions filed by persons waiting in line as of 8:00 |
a.m. on the
first day for filing, or as of the normal opening |
hour of the office
involved on such day, shall be deemed |
simultaneously filed as of 8:00 a.m.
or the normal opening |
hour, as the case may be. Petitions filed by mail
and received |
|
after midnight of the first day for filing and in the first
|
mail delivery or pickup of that day shall be deemed |
simultaneously filed
as of 8:00 a.m. of that day or as of the |
normal opening hour of such day,
as the case may be. All |
petitions received thereafter shall be deemed
filed in the |
order of actual receipt. However, 2 or more petitions filed |
within the last hour of the filing deadline shall be deemed |
filed simultaneously.
|
Where 2 or more petitions are received simultaneously for |
the same office
as of 8:00 a.m. on the first day for petition |
filing, or as of the normal
opening hour of the office of the |
county clerk or the board of election commissioners, as the |
case may be, the county clerk or the board of election |
commissioners local election official, the local
election |
official with whom such petitions are filed shall break ties |
and
determine the order of filing by means of a lottery or |
other fair and
impartial method of random selection. Such |
lottery shall be conducted
within 9 days following the last day |
for petition filing and shall be open
to the public. Seven days |
written notice of the time and place of conducting
such random |
selection shall be given
by the county clerk or the board of |
election commissioners local election official to all |
candidates who filed their petitions
simultaneously and to each |
organization of citizens within the election
jurisdiction |
which was entitled, under the general election law, at the
next |
preceding election, to have pollwatchers present on
the day of |
|
election. The county clerk or the board of election |
commissioners local election official shall post in a
|
conspicuous, open and public place, at the entrance of his or |
her office,
notice of the time and place of such lottery.
|
All candidates shall be certified in the order in which |
their petitions
have been filed and in the manner prescribed by |
Section 10-15 of the
general election law. Where candidates |
have filed simultaneously, they
shall be certified in the order |
prescribed by this Section and prior to
candidates who filed |
for the same office at a later time.
|
Where elections are conducted for unexpired terms, a second |
lottery to
determine ballot order shall be conducted for |
candidates who simultaneously
file petitions for such |
unexpired terms. Such lottery shall be conducted
in the same |
manner as prescribed by this Section for full term candidates.
|
(Source: P.A. 84-1338.)
|
Section 997. Severability. If any provision of this Act or |
its
application to any person or circumstance is held invalid, |
the invalidity
of that provision or application does not affect |
other provisions or
applications of this Act that can be given |
effect without the invalid
provision or application. |
Section 999. Effective date. This Act takes effect upon |
becoming law. |