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Sen. Bill Cunningham
Filed: 5/30/2026
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| 1 | | AMENDMENT TO HOUSE BILL 1832
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1832, AS AMENDED, |
| 3 | | by replacing everything after the enacting clause with the |
| 4 | | following: |
| 5 | | "Article 10. |
| 6 | | Section 10-5. The School Code is amended by changing |
| 7 | | Section 23-7 as follows: |
| 8 | | (105 ILCS 5/23-7) (from Ch. 122, par. 23-7) |
| 9 | | Sec. 23-7. Compensation and expenses. |
| 10 | | No school board member shall receive any compensation for |
| 11 | | service rendered to any such association, whether as an |
| 12 | | officer or otherwise, but shall be entitled to reimbursement |
| 13 | | for expenses actually incurred in the work of such |
| 14 | | association. Consistent with Section 10-15 of the State |
| 15 | | Officials and Employees Ethics Act, a school board association |
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| 1 | | may offer and provide scholarships or other reimbursements to |
| 2 | | school board members, and a school board member may receive |
| 3 | | scholarships or other reimbursements from an association for |
| 4 | | reasonable travel and lodging expenses to attend meetings or |
| 5 | | other events hosted by the association which are reasonably |
| 6 | | related to the school board member's duties and will |
| 7 | | contribute to the professional development of the school board |
| 8 | | member. |
| 9 | | (Source: Laws 1961, p. 31.) |
| 10 | | Article 15. |
| 11 | | Section 15-5. The Election Code is amended by changing |
| 12 | | Section 19A-15 as follows: |
| 13 | | (10 ILCS 5/19A-15) |
| 14 | | Sec. 19A-15. Period for early voting; hours. |
| 15 | | (a) Except as otherwise provided in this Code, the period |
| 16 | | for early voting by personal appearance begins the 40th day |
| 17 | | preceding a general primary, consolidated primary, |
| 18 | | consolidated, or general election and extends through the end |
| 19 | | of the day before election day. |
| 20 | | (b) Except as otherwise provided by this Section, a |
| 21 | | permanent polling place for early voting must remain open |
| 22 | | beginning the 15th day before an election through the end of |
| 23 | | the day before election day during the hours of 8:30 a.m. to |
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| 1 | | 4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that |
| 2 | | beginning 8 days before election day, a permanent polling |
| 3 | | place for early voting must remain open during the hours of |
| 4 | | 8:30 a.m. to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and 9:00 |
| 5 | | a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00 a.m. to |
| 6 | | 4 p.m. on Sundays; except that, in addition to the hours |
| 7 | | required by this subsection, a permanent polling place |
| 8 | | designated by an election authority under subsections (c), |
| 9 | | (d), and (e) of Section 19A-10 must remain open for a total of |
| 10 | | at least 8 hours on any holiday during the early voting period |
| 11 | | and a total of at least 14 hours on the final weekend during |
| 12 | | the early voting period. |
| 13 | | (c) Notwithstanding subsection (b), an election authority |
| 14 | | may close an early voting polling place if the building in |
| 15 | | which the polling place is located has been closed by the State |
| 16 | | or unit of local government in response to a severe weather |
| 17 | | emergency or other force majeure. The election authority shall |
| 18 | | notify the State Board of Elections of any closure and shall |
| 19 | | make reasonable efforts to provide notice to the public of an |
| 20 | | alternative location for early voting. |
| 21 | | (d) (Blank). |
| 22 | | (e) Except as otherwise provided in this Code, an election |
| 23 | | authority shall allow any voter who is in line to vote at the |
| 24 | | time an early voting polling place closes to cast a ballot. |
| 25 | | (Source: P.A. 102-15, eff. 6-17-21.) |
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| 1 | | Article 20. |
| 2 | | Section 20-5. The Election Code is amended by changing |
| 3 | | Section 7-19 as follows: |
| 4 | | (10 ILCS 5/7-19) (from Ch. 46, par. 7-19) |
| 5 | | Sec. 7-19. The primary ballot of each political party for |
| 6 | | each precinct shall be arranged and printed substantially in |
| 7 | | the manner following: |
| 8 | | 1. Designating words. At the top of the ballot shall be |
| 9 | | printed in large capital letters, words designating the |
| 10 | | ballot, if a Republican ballot, the designating words shall |
| 11 | | be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the |
| 12 | | designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and |
| 13 | | in like manner for each political party. |
| 14 | | 2. Order of Names, Directions to Voters, etc. Beginning |
| 15 | | not less than one inch below designating words, the name of |
| 16 | | each office to be filled shall be printed in capital letters. |
| 17 | | Such names may be printed on the ballot either in a single |
| 18 | | column or in 2 or more columns and in the following order, |
| 19 | | to-wit: |
| 20 | | President of the United States, State offices, |
| 21 | | congressional offices, delegates and alternate delegates to be |
| 22 | | elected from the State at large to National nominating |
| 23 | | conventions, delegates and alternate delegates to be elected |
| 24 | | from congressional districts to National nominating |
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| 1 | | conventions, member or members of the State central committee, |
| 2 | | trustees of sanitary districts, county offices, judicial |
| 3 | | officers, city, village and incorporated town offices, town |
| 4 | | offices, or of such of the said offices as candidates are to be |
| 5 | | nominated for at such primary, and precinct, township or ward |
| 6 | | committeepersons. If two or more columns are used, the |
| 7 | | foregoing offices to and including member of the State central |
| 8 | | committee shall be listed in the left-hand column and |
| 9 | | Senatorial offices, as defined in Section 8-3, shall be the |
| 10 | | first offices listed in the second column. |
| 11 | | Below the name of each office shall be printed in small |
| 12 | | letters the directions to voters: "Vote for one"; "Vote for |
| 13 | | not more than two"; "Vote for not more than three". If no |
| 14 | | candidate or candidates file for an office and if no person or |
| 15 | | persons file a declaration as a write-in candidate for that |
| 16 | | office, then below the title of that office the election |
| 17 | | authority instead shall print "No Candidate". |
| 18 | | Next to the name of each candidate for delegate or |
| 19 | | alternate delegate to a national nominating convention shall |
| 20 | | appear either (a) the name of the candidate's preference for |
| 21 | | President of the United States or the word "uncommitted" or |
| 22 | | (b) no official designation, depending upon the action taken |
| 23 | | by the State central committee pursuant to Section 7-10.3 of |
| 24 | | this Act. |
| 25 | | Below the name of each office shall be printed in capital |
| 26 | | letters the names of all candidates, arranged in the order in |
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| 1 | | which their petitions for nominations were filed, except as |
| 2 | | otherwise provided in Sections 7-14 and 7-17 of this Article. |
| 3 | | The lettering of candidate names on a ballot shall be in both |
| 4 | | capital and lowercase letters in conformance with standard |
| 5 | | English language guidelines, unless compliance is not feasible |
| 6 | | due to the election system utilized by the election authority. |
| 7 | | Opposite and in front of the name of each candidate shall be |
| 8 | | printed a square and all squares upon the primary ballot shall |
| 9 | | be of uniform size. The names of each team of candidates for |
| 10 | | Governor and Lieutenant Governor, however, shall be printed |
| 11 | | within a bracket, and a single square shall be printed in front |
| 12 | | of the bracket. Spaces between the names of candidates under |
| 13 | | each office shall be uniform and sufficient spaces shall |
| 14 | | separate the names of candidates for one office from the names |
| 15 | | of candidates for another office, to avoid confusion and to |
| 16 | | permit the writing in of the names of other candidates. |
| 17 | | Where voting machines or electronic voting systems are |
| 18 | | used, the provisions of this Section may be modified as |
| 19 | | required or authorized by Article 24 or Article 24A, whichever |
| 20 | | is applicable. |
| 21 | | (Source: P.A. 100-1027, eff. 1-1-19.) |
| 22 | | Article 30. |
| 23 | | Section 30-5. The Election Code is amended by changing |
| 24 | | Section 10-8 and by adding Section 10-8.5 as follows: |
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| 1 | | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8) |
| 2 | | Sec. 10-8. Except as otherwise provided in this Code, |
| 3 | | certificates of nomination and nomination papers, and |
| 4 | | petitions to submit public questions to a referendum, being |
| 5 | | filed as required by this Code, and being in apparent |
| 6 | | conformity with the provisions of this Code Act, shall be |
| 7 | | deemed to be valid unless objection thereto is duly made in |
| 8 | | writing within 5 business days after the last day for filing |
| 9 | | the certificate of nomination or nomination papers or petition |
| 10 | | for a public question, with the following exceptions: |
| 11 | | A. In the case of petitions to amend Article IV of the |
| 12 | | Constitution of the State of Illinois, there shall be a |
| 13 | | period of 35 business days after the last day for the |
| 14 | | filing of such petitions in which objections can be filed. |
| 15 | | B. In the case of petitions for advisory questions of |
| 16 | | public policy to be submitted to the voters of the entire |
| 17 | | State, there shall be a period of 35 business days after |
| 18 | | the last day for the filing of such petitions in which |
| 19 | | objections can be filed. |
| 20 | | Any legal voter of the political subdivision or district |
| 21 | | in which the candidate or public question is to be voted on, or |
| 22 | | any legal voter in the State in the case of a proposed |
| 23 | | amendment to Article IV of the Constitution or an advisory |
| 24 | | public question to be submitted to the voters of the entire |
| 25 | | State, having objections to any certificate of nomination or |
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| 1 | | nomination papers or petitions filed, shall file an objector's |
| 2 | | petition together with 2 copies thereof in the principal |
| 3 | | office or the permanent branch office of the State Board of |
| 4 | | Elections, or in the office of the election authority or local |
| 5 | | election official with whom the certificate of nomination, |
| 6 | | nomination papers or petitions are on file. Objection |
| 7 | | petitions that do not include 2 copies thereof, shall not be |
| 8 | | accepted. In the case of nomination papers or certificates of |
| 9 | | nomination, the State Board of Elections, election authority |
| 10 | | or local election official shall note the day and hour upon |
| 11 | | which such objector's petition is filed, and shall, not later |
| 12 | | than 12:00 p.m. noon on the second business day after receipt |
| 13 | | of the petition, transmit by registered mail or receipted |
| 14 | | personal delivery, or by electronic delivery under Section |
| 15 | | 10-8.5, the certificate of nomination or nomination papers and |
| 16 | | the original objector's petition to the chair of the proper |
| 17 | | electoral board designated in Section 10-9 of this Code |
| 18 | | hereof, or his authorized agent, and shall transmit a copy by |
| 19 | | registered mail or receipted personal delivery, or by |
| 20 | | electronic delivery under Section 10-8.5, of the objector's |
| 21 | | petition, to the candidate whose certificate of nomination or |
| 22 | | nomination papers are objected to, addressed to the place of |
| 23 | | residence designated in said certificate of nomination or |
| 24 | | nomination papers. In the case of objections to a petition for |
| 25 | | a proposed amendment to Article IV of the Constitution or for |
| 26 | | an advisory public question to be submitted to the voters of |
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| 1 | | the entire State, the State Board of Elections shall note the |
| 2 | | day and hour upon which such objector's petition is filed and |
| 3 | | shall transmit a copy of the objector's petition by registered |
| 4 | | mail or receipted personal delivery, or by electronic delivery |
| 5 | | under Section 10-8.5, to the person designated on a |
| 6 | | certificate attached to the petition as the principal |
| 7 | | proponent of such proposed amendment or public question, or as |
| 8 | | the proponents' attorney, for the purpose of receiving notice |
| 9 | | of objections. In the case of objections to a petition for a |
| 10 | | public question, to be submitted to the voters of a political |
| 11 | | subdivision, or district thereof, the election authority or |
| 12 | | local election official with whom such petition is filed shall |
| 13 | | note the day and hour upon which such objector's petition was |
| 14 | | filed, and shall, not later than 12:00 p.m. noon on the second |
| 15 | | business day after receipt of the petition, transmit by |
| 16 | | registered mail or receipted personal delivery, or by |
| 17 | | electronic delivery under Section 10-8.5, the petition for the |
| 18 | | public question and the original objector's petition to the |
| 19 | | chair of the proper electoral board designated in Section 10-9 |
| 20 | | of this Code hereof, or his authorized agent, and shall |
| 21 | | transmit a copy by registered mail or receipted personal |
| 22 | | delivery, or by electronic delivery under Section 10-8.5, of |
| 23 | | the objector's petition to the person designated on a |
| 24 | | certificate attached to the petition as the principal |
| 25 | | proponent of the public question, or as the proponent's |
| 26 | | attorney, for the purposes of receiving notice of objections. |
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| 1 | | The objector's petition shall give the objector's name and |
| 2 | | residence address, and shall state fully the nature of the |
| 3 | | objections to the certificate of nomination or nomination |
| 4 | | papers or petitions in question, and shall state the interest |
| 5 | | of the objector and shall state what relief is requested of the |
| 6 | | electoral board. |
| 7 | | The provisions of this Section and of Sections 10-9, |
| 8 | | 10-10, and 10-10.1 shall also apply to and govern objections |
| 9 | | to petitions for nomination filed under Article 7 or Article |
| 10 | | 8, except as otherwise provided in Section 7-13 for cases to |
| 11 | | which it is applicable, and also apply to and govern petitions |
| 12 | | for the submission of public questions under Article 28. |
| 13 | | (Source: P.A. 102-15, eff. 6-17-21; revised 6-24-25.) |
| 14 | | (10 ILCS 5/10-8.5 new) |
| 15 | | Sec. 10-8.5. Electronic service of objections. The State |
| 16 | | Board of Elections and election authorities may authorize |
| 17 | | service of objections to candidate nominations through |
| 18 | | electronic mail in lieu of personal service or registered mail |
| 19 | | if the State Board of Elections or election authority |
| 20 | | responsible for convening the electoral board: (1) provides |
| 21 | | candidates the opportunity to provide an electronic mail |
| 22 | | address where notices of objections and electoral board |
| 23 | | proceedings may be sent electronically in lieu of personal |
| 24 | | service or registered mail; (2) provides objectors with the |
| 25 | | opportunity to provide an electronic mail address where |
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| 1 | | notices and electoral board proceedings may be sent |
| 2 | | electronically in lieu of personal service or registered mail; |
| 3 | | and (3) publishes notice of its decision to provide service |
| 4 | | under this Section on its website no later than 5 business days |
| 5 | | before the first day for petition filing for the election. |
| 6 | | Article 35. |
| 7 | | Section 35-5. The Freedom of Information Act is amended by |
| 8 | | changing Section 7.5 as follows: |
| 9 | | (5 ILCS 140/7.5) |
| 10 | | (Text of Section before amendment by P.A. 104-441 and |
| 11 | | 104-457) |
| 12 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
| 13 | | by the statutes referenced below, the following shall be |
| 14 | | exempt from inspection and copying: |
| 15 | | (a) All information determined to be confidential |
| 16 | | under Section 4002 of the Technology Advancement and |
| 17 | | Development Act. |
| 18 | | (b) Library circulation and order records identifying |
| 19 | | library users with specific materials under the Library |
| 20 | | Records Confidentiality Act. |
| 21 | | (c) Applications, related documents, and medical |
| 22 | | records received by the Experimental Organ Transplantation |
| 23 | | Procedures Board and any and all documents or other |
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| 1 | | records prepared by the Experimental Organ Transplantation |
| 2 | | Procedures Board or its staff relating to applications it |
| 3 | | has received. |
| 4 | | (d) Information and records held by the Department of |
| 5 | | Public Health and its authorized representatives relating |
| 6 | | to known or suspected cases of sexually transmitted |
| 7 | | infection or any information the disclosure of which is |
| 8 | | restricted under the Illinois Sexually Transmitted |
| 9 | | Infection Control Act. |
| 10 | | (e) Information the disclosure of which is exempted |
| 11 | | under Section 30 of the Radon Industry Licensing Act. |
| 12 | | (f) Firm performance evaluations under Section 55 of |
| 13 | | the Architectural, Engineering, and Land Surveying |
| 14 | | Qualifications Based Selection Act. |
| 15 | | (g) Information the disclosure of which is restricted |
| 16 | | and exempted under Section 50 of the Illinois Prepaid |
| 17 | | Tuition Act. |
| 18 | | (h) Information the disclosure of which is exempted |
| 19 | | under the State Officials and Employees Ethics Act, and |
| 20 | | records of any lawfully created State or local inspector |
| 21 | | general's office that would be exempt if created or |
| 22 | | obtained by an Executive Inspector General's office under |
| 23 | | that Act. |
| 24 | | (i) Information contained in a local emergency energy |
| 25 | | plan submitted to a municipality in accordance with a |
| 26 | | local emergency energy plan ordinance that is adopted |
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| 1 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
| 2 | | (j) Information and data concerning the distribution |
| 3 | | of surcharge moneys collected and remitted by carriers |
| 4 | | under the Emergency Telephone System Act. |
| 5 | | (k) Law enforcement officer identification information |
| 6 | | or driver identification information compiled by a law |
| 7 | | enforcement agency or the Department of Transportation |
| 8 | | under Section 11-212 of the Illinois Vehicle Code. |
| 9 | | (l) Records and information provided to a residential |
| 10 | | health care facility resident sexual assault and death |
| 11 | | review team or the Executive Council under the Abuse |
| 12 | | Prevention Review Team Act. |
| 13 | | (m) Information provided to the predatory lending |
| 14 | | database created pursuant to Article 3 of the Residential |
| 15 | | Real Property Disclosure Act, except to the extent |
| 16 | | authorized under that Article. |
| 17 | | (n) Defense budgets and petitions for certification of |
| 18 | | compensation and expenses for court appointed trial |
| 19 | | counsel as provided under Sections 10 and 15 of the |
| 20 | | Capital Crimes Litigation Act (repealed). This subsection |
| 21 | | (n) shall apply until the conclusion of the trial of the |
| 22 | | case, even if the prosecution chooses not to pursue the |
| 23 | | death penalty prior to trial or sentencing. |
| 24 | | (o) Information that is prohibited from being |
| 25 | | disclosed under Section 4 of the Illinois Health and |
| 26 | | Hazardous Substances Registry Act. |
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| 1 | | (p) Security portions of system safety program plans, |
| 2 | | investigation reports, surveys, schedules, lists, data, or |
| 3 | | information compiled, collected, or prepared by or for the |
| 4 | | Department of Transportation under Sections 2705-300 and |
| 5 | | 2705-616 of the Department of Transportation Law of the |
| 6 | | Civil Administrative Code of Illinois, the Regional |
| 7 | | Transportation Authority under Section 2.11 of the |
| 8 | | Regional Transportation Authority Act, or the St. Clair |
| 9 | | County Transit District under the Bi-State Transit Safety |
| 10 | | Act (repealed). |
| 11 | | (q) Information prohibited from being disclosed by the |
| 12 | | Personnel Record Review Act. |
| 13 | | (r) Information prohibited from being disclosed by the |
| 14 | | Illinois School Student Records Act. |
| 15 | | (s) Information the disclosure of which is restricted |
| 16 | | under Section 5-108 of the Public Utilities Act. |
| 17 | | (t) (Blank). |
| 18 | | (u) Records and information provided to an independent |
| 19 | | team of experts under the Developmental Disability and |
| 20 | | Mental Health Safety Act (also known as Brian's Law). |
| 21 | | (v) Names and information of people who have applied |
| 22 | | for or received Firearm Owner's Identification Cards under |
| 23 | | the Firearm Owners Identification Card Act or applied for |
| 24 | | or received a concealed carry license under the Firearm |
| 25 | | Concealed Carry Act, unless otherwise authorized by the |
| 26 | | Firearm Concealed Carry Act; and databases under the |
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| 1 | | Firearm Concealed Carry Act, records of the Concealed |
| 2 | | Carry Licensing Review Board under the Firearm Concealed |
| 3 | | Carry Act, and law enforcement agency objections under the |
| 4 | | Firearm Concealed Carry Act. |
| 5 | | (v-5) Records of the Firearm Owner's Identification |
| 6 | | Card Review Board that are exempted from disclosure under |
| 7 | | Section 10 of the Firearm Owners Identification Card Act. |
| 8 | | (w) Personally identifiable information which is |
| 9 | | exempted from disclosure under subsection (g) of Section |
| 10 | | 19.1 of the Toll Highway Act. |
| 11 | | (x) Information which is exempted from disclosure |
| 12 | | under Section 5-1014.3 of the Counties Code or Section |
| 13 | | 8-11-21 of the Illinois Municipal Code. |
| 14 | | (y) Confidential information under the Adult |
| 15 | | Protective Services Act and its predecessor enabling |
| 16 | | statute, the Elder Abuse and Neglect Act, including |
| 17 | | information about the identity and administrative finding |
| 18 | | against any caregiver of a verified and substantiated |
| 19 | | decision of abuse, neglect, or financial exploitation of |
| 20 | | an eligible adult maintained in the Registry established |
| 21 | | under Section 7.5 of the Adult Protective Services Act. |
| 22 | | (z) Records and information provided to a fatality |
| 23 | | review team or the Illinois Fatality Review Team Advisory |
| 24 | | Council under Section 15 of the Adult Protective Services |
| 25 | | Act. |
| 26 | | (aa) Information which is exempted from disclosure |
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| 1 | | under Section 2.37 of the Wildlife Code. |
| 2 | | (bb) Information which is or was prohibited from |
| 3 | | disclosure by the Juvenile Court Act of 1987. |
| 4 | | (cc) Recordings made under the Law Enforcement |
| 5 | | Officer-Worn Body Camera Act, except to the extent |
| 6 | | authorized under that Act. |
| 7 | | (dd) Information that is prohibited from being |
| 8 | | disclosed under Section 45 of the Condominium and Common |
| 9 | | Interest Community Ombudsperson Act. |
| 10 | | (ee) Information that is exempted from disclosure |
| 11 | | under Section 30.1 of the Pharmacy Practice Act. |
| 12 | | (ff) Information that is exempted from disclosure |
| 13 | | under the Revised Uniform Unclaimed Property Act. |
| 14 | | (gg) Information that is prohibited from being |
| 15 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
| 16 | | Code. |
| 17 | | (hh) Records that are exempt from disclosure under |
| 18 | | Section 1A-16.7 of the Election Code. |
| 19 | | (ii) Information which is exempted from disclosure |
| 20 | | under Section 2505-800 of the Department of Revenue Law of |
| 21 | | the Civil Administrative Code of Illinois. |
| 22 | | (jj) Information and reports that are required to be |
| 23 | | submitted to the Department of Labor by registering day |
| 24 | | and temporary labor service agencies but are exempt from |
| 25 | | disclosure under subsection (a-1) of Section 45 of the Day |
| 26 | | and Temporary Labor Services Act. |
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| 1 | | (kk) Information prohibited from disclosure under the |
| 2 | | Seizure and Forfeiture Reporting Act. |
| 3 | | (ll) Information the disclosure of which is restricted |
| 4 | | and exempted under Section 5-30.8 of the Illinois Public |
| 5 | | Aid Code. |
| 6 | | (mm) Records that are exempt from disclosure under |
| 7 | | Section 4.2 of the Crime Victims Compensation Act. |
| 8 | | (nn) Information that is exempt from disclosure under |
| 9 | | Section 70 of the Higher Education Student Assistance Act. |
| 10 | | (oo) Communications, notes, records, and reports |
| 11 | | arising out of a peer support counseling session |
| 12 | | prohibited from disclosure under the First Responders |
| 13 | | Suicide Prevention Act. |
| 14 | | (pp) Names and all identifying information relating to |
| 15 | | an employee of an emergency services provider or law |
| 16 | | enforcement agency under the First Responders Suicide |
| 17 | | Prevention Act. |
| 18 | | (qq) Information and records held by the Department of |
| 19 | | Public Health and its authorized representatives collected |
| 20 | | under the Reproductive Health Act. |
| 21 | | (rr) Information that is exempt from disclosure under |
| 22 | | the Cannabis Regulation and Tax Act. |
| 23 | | (ss) Data reported by an employer to the Department of |
| 24 | | Human Rights pursuant to Section 2-108 of the Illinois |
| 25 | | Human Rights Act. |
| 26 | | (tt) Recordings made under the Children's Advocacy |
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| 1 | | Center Act, except to the extent authorized under that |
| 2 | | Act. |
| 3 | | (uu) Information that is exempt from disclosure under |
| 4 | | Section 50 of the Sexual Assault Evidence Submission Act. |
| 5 | | (vv) Information that is exempt from disclosure under |
| 6 | | subsections (f) and (j) of Section 5-36 of the Illinois |
| 7 | | Public Aid Code. |
| 8 | | (ww) Information that is exempt from disclosure under |
| 9 | | Section 16.8 of the State Treasurer Act. |
| 10 | | (xx) Information that is exempt from disclosure or |
| 11 | | information that shall not be made public under the |
| 12 | | Illinois Insurance Code. |
| 13 | | (yy) Information prohibited from being disclosed under |
| 14 | | the Illinois Educational Labor Relations Act. |
| 15 | | (zz) Information prohibited from being disclosed under |
| 16 | | the Illinois Public Labor Relations Act. |
| 17 | | (aaa) Information prohibited from being disclosed |
| 18 | | under Section 1-167 of the Illinois Pension Code. |
| 19 | | (bbb) Information that is prohibited from disclosure |
| 20 | | by the Illinois Police Training Act and the Illinois State |
| 21 | | Police Act. |
| 22 | | (ccc) Records exempt from disclosure under Section |
| 23 | | 2605-304 of the Illinois State Police Law of the Civil |
| 24 | | Administrative Code of Illinois. |
| 25 | | (ddd) Information prohibited from being disclosed |
| 26 | | under Section 35 of the Address Confidentiality for |
|
| | 10400HB1832sam003 | - 19 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | Victims of Domestic Violence, Sexual Assault, Human |
| 2 | | Trafficking, or Stalking Act. |
| 3 | | (eee) Information prohibited from being disclosed |
| 4 | | under subsection (b) of Section 75 of the Domestic |
| 5 | | Violence Fatality Review Act. |
| 6 | | (fff) Images from cameras under the Expressway Camera |
| 7 | | Act and all automated license plate reader (ALPR) |
| 8 | | information used and collected by the Illinois State |
| 9 | | Police. "ALPR information" means information gathered by |
| 10 | | an ALPR or created from the analysis of data generated by |
| 11 | | an ALPR. This subsection (fff) is inoperative on and after |
| 12 | | July 1, 2028. |
| 13 | | (ggg) Information prohibited from disclosure under |
| 14 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
| 15 | | Agency Licensing Act. |
| 16 | | (hhh) Information submitted to the Illinois State |
| 17 | | Police in an affidavit or application for an assault |
| 18 | | weapon endorsement, assault weapon attachment endorsement, |
| 19 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
| 20 | | endorsement under the Firearm Owners Identification Card |
| 21 | | Act. |
| 22 | | (iii) Data exempt from disclosure under Section 50 of |
| 23 | | the School Safety Drill Act. |
| 24 | | (jjj) Information exempt from disclosure under Section |
| 25 | | 30 of the Insurance Data Security Law. |
| 26 | | (kkk) Confidential business information prohibited |
|
| | 10400HB1832sam003 | - 20 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | from disclosure under Section 45 of the Paint Stewardship |
| 2 | | Act. |
| 3 | | (lll) Data exempt from disclosure under Section |
| 4 | | 2-3.196 of the School Code. |
| 5 | | (mmm) Information prohibited from being disclosed |
| 6 | | under subsection (e) of Section 1-129 of the Illinois |
| 7 | | Power Agency Act. |
| 8 | | (nnn) Materials received by the Department of Commerce |
| 9 | | and Economic Opportunity that are confidential under the |
| 10 | | Music and Musicians Tax Credit and Jobs Act. |
| 11 | | (ooo) Data or information provided pursuant to Section |
| 12 | | 20 of the Statewide Recycling Needs and Assessment Act. |
| 13 | | (ppp) Information that is exempt from disclosure under |
| 14 | | Section 28-11 of the Lawful Health Care Activity Act. |
| 15 | | (qqq) Information that is exempt from disclosure under |
| 16 | | Section 7-101 of the Illinois Human Rights Act. |
| 17 | | (rrr) Information prohibited from being disclosed |
| 18 | | under Section 4-2 of the Uniform Money Transmission |
| 19 | | Modernization Act. |
| 20 | | (sss) Information exempt from disclosure under Section |
| 21 | | 40 of the Student-Athlete Endorsement Rights Act. |
| 22 | | (ttt) Audio recordings made under Section 30 of the |
| 23 | | Illinois State Police Act, except to the extent authorized |
| 24 | | under that Section. |
| 25 | | (uuu) Information prohibited from being disclosed |
| 26 | | under Section 30-5 of the Digital Assets Regulation Act. |
|
| | 10400HB1832sam003 | - 21 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | (www) Nomination petitions exempt from disclosure |
| 2 | | under subsection (13) of Section 7-12 of the Election |
| 3 | | Code. |
| 4 | | (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; |
| 5 | | 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. |
| 6 | | 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, |
| 7 | | eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; |
| 8 | | 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. |
| 9 | | 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, |
| 10 | | eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; |
| 11 | | 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised |
| 12 | | 9-10-25.) |
| 13 | | (Text of Section after amendment by P.A. 104-457 but |
| 14 | | before 104-441) |
| 15 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
| 16 | | by the statutes referenced below, the following shall be |
| 17 | | exempt from inspection and copying: |
| 18 | | (a) All information determined to be confidential |
| 19 | | under Section 4002 of the Technology Advancement and |
| 20 | | Development Act. |
| 21 | | (b) Library circulation and order records identifying |
| 22 | | library users with specific materials under the Library |
| 23 | | Records Confidentiality Act. |
| 24 | | (c) Applications, related documents, and medical |
| 25 | | records received by the Experimental Organ Transplantation |
|
| | 10400HB1832sam003 | - 22 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | Procedures Board and any and all documents or other |
| 2 | | records prepared by the Experimental Organ Transplantation |
| 3 | | Procedures Board or its staff relating to applications it |
| 4 | | has received. |
| 5 | | (d) Information and records held by the Department of |
| 6 | | Public Health and its authorized representatives relating |
| 7 | | to known or suspected cases of sexually transmitted |
| 8 | | infection or any information the disclosure of which is |
| 9 | | restricted under the Illinois Sexually Transmitted |
| 10 | | Infection Control Act. |
| 11 | | (e) Information the disclosure of which is exempted |
| 12 | | under Section 30 of the Radon Industry Licensing Act. |
| 13 | | (f) Firm performance evaluations under Section 55 of |
| 14 | | the Architectural, Engineering, and Land Surveying |
| 15 | | Qualifications Based Selection Act. |
| 16 | | (g) Information the disclosure of which is restricted |
| 17 | | and exempted under Section 50 of the Illinois Prepaid |
| 18 | | Tuition Act. |
| 19 | | (h) Information the disclosure of which is exempted |
| 20 | | under the State Officials and Employees Ethics Act, and |
| 21 | | records of any lawfully created State or local inspector |
| 22 | | general's office that would be exempt if created or |
| 23 | | obtained by an Executive Inspector General's office under |
| 24 | | that Act. |
| 25 | | (i) Information contained in a local emergency energy |
| 26 | | plan submitted to a municipality in accordance with a |
|
| | 10400HB1832sam003 | - 23 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | local emergency energy plan ordinance that is adopted |
| 2 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
| 3 | | (j) Information and data concerning the distribution |
| 4 | | of surcharge moneys collected and remitted by carriers |
| 5 | | under the Emergency Telephone System Act. |
| 6 | | (k) Law enforcement officer identification information |
| 7 | | or driver identification information compiled by a law |
| 8 | | enforcement agency or the Department of Transportation |
| 9 | | under Section 11-212 of the Illinois Vehicle Code. |
| 10 | | (l) Records and information provided to a residential |
| 11 | | health care facility resident sexual assault and death |
| 12 | | review team or the Executive Council under the Abuse |
| 13 | | Prevention Review Team Act. |
| 14 | | (m) Information provided to the predatory lending |
| 15 | | database created pursuant to Article 3 of the Residential |
| 16 | | Real Property Disclosure Act, except to the extent |
| 17 | | authorized under that Article. |
| 18 | | (n) Defense budgets and petitions for certification of |
| 19 | | compensation and expenses for court appointed trial |
| 20 | | counsel as provided under Sections 10 and 15 of the |
| 21 | | Capital Crimes Litigation Act (repealed). This subsection |
| 22 | | (n) shall apply until the conclusion of the trial of the |
| 23 | | case, even if the prosecution chooses not to pursue the |
| 24 | | death penalty prior to trial or sentencing. |
| 25 | | (o) Information that is prohibited from being |
| 26 | | disclosed under Section 4 of the Illinois Health and |
|
| | 10400HB1832sam003 | - 24 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | Hazardous Substances Registry Act. |
| 2 | | (p) Security portions of system safety program plans, |
| 3 | | investigation reports, surveys, schedules, lists, data, or |
| 4 | | information compiled, collected, or prepared by or for the |
| 5 | | Department of Transportation under Sections 2705-300 and |
| 6 | | 2705-616 of the Department of Transportation Law of the |
| 7 | | Civil Administrative Code of Illinois, the Northern |
| 8 | | Illinois Transit Authority under Section 2.11 of the |
| 9 | | Northern Illinois Transit Authority Act, or the St. Clair |
| 10 | | County Transit District under the Bi-State Transit Safety |
| 11 | | Act (repealed). |
| 12 | | (q) Information prohibited from being disclosed by the |
| 13 | | Personnel Record Review Act. |
| 14 | | (r) Information prohibited from being disclosed by the |
| 15 | | Illinois School Student Records Act. |
| 16 | | (s) Information the disclosure of which is restricted |
| 17 | | under Section 5-108 of the Public Utilities Act. |
| 18 | | (t) (Blank). |
| 19 | | (u) Records and information provided to an independent |
| 20 | | team of experts under the Developmental Disability and |
| 21 | | Mental Health Safety Act (also known as Brian's Law). |
| 22 | | (v) Names and information of people who have applied |
| 23 | | for or received Firearm Owner's Identification Cards under |
| 24 | | the Firearm Owners Identification Card Act or applied for |
| 25 | | or received a concealed carry license under the Firearm |
| 26 | | Concealed Carry Act, unless otherwise authorized by the |
|
| | 10400HB1832sam003 | - 25 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | Firearm Concealed Carry Act; and databases under the |
| 2 | | Firearm Concealed Carry Act, records of the Concealed |
| 3 | | Carry Licensing Review Board under the Firearm Concealed |
| 4 | | Carry Act, and law enforcement agency objections under the |
| 5 | | Firearm Concealed Carry Act. |
| 6 | | (v-5) Records of the Firearm Owner's Identification |
| 7 | | Card Review Board that are exempted from disclosure under |
| 8 | | Section 10 of the Firearm Owners Identification Card Act. |
| 9 | | (w) Personally identifiable information which is |
| 10 | | exempted from disclosure under subsection (g) of Section |
| 11 | | 19.1 of the Toll Highway Act. |
| 12 | | (x) Information which is exempted from disclosure |
| 13 | | under Section 5-1014.3 of the Counties Code or Section |
| 14 | | 8-11-21 of the Illinois Municipal Code. |
| 15 | | (y) Confidential information under the Adult |
| 16 | | Protective Services Act and its predecessor enabling |
| 17 | | statute, the Elder Abuse and Neglect Act, including |
| 18 | | information about the identity and administrative finding |
| 19 | | against any caregiver of a verified and substantiated |
| 20 | | decision of abuse, neglect, or financial exploitation of |
| 21 | | an eligible adult maintained in the Registry established |
| 22 | | under Section 7.5 of the Adult Protective Services Act. |
| 23 | | (z) Records and information provided to a fatality |
| 24 | | review team or the Illinois Fatality Review Team Advisory |
| 25 | | Council under Section 15 of the Adult Protective Services |
| 26 | | Act. |
|
| | 10400HB1832sam003 | - 26 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | (aa) Information which is exempted from disclosure |
| 2 | | under Section 2.37 of the Wildlife Code. |
| 3 | | (bb) Information which is or was prohibited from |
| 4 | | disclosure by the Juvenile Court Act of 1987. |
| 5 | | (cc) Recordings made under the Law Enforcement |
| 6 | | Officer-Worn Body Camera Act, except to the extent |
| 7 | | authorized under that Act. |
| 8 | | (dd) Information that is prohibited from being |
| 9 | | disclosed under Section 45 of the Condominium and Common |
| 10 | | Interest Community Ombudsperson Act. |
| 11 | | (ee) Information that is exempted from disclosure |
| 12 | | under Section 30.1 of the Pharmacy Practice Act. |
| 13 | | (ff) Information that is exempted from disclosure |
| 14 | | under the Revised Uniform Unclaimed Property Act. |
| 15 | | (gg) Information that is prohibited from being |
| 16 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
| 17 | | Code. |
| 18 | | (hh) Records that are exempt from disclosure under |
| 19 | | Section 1A-16.7 of the Election Code. |
| 20 | | (ii) Information which is exempted from disclosure |
| 21 | | under Section 2505-800 of the Department of Revenue Law of |
| 22 | | the Civil Administrative Code of Illinois. |
| 23 | | (jj) Information and reports that are required to be |
| 24 | | submitted to the Department of Labor by registering day |
| 25 | | and temporary labor service agencies but are exempt from |
| 26 | | disclosure under subsection (a-1) of Section 45 of the Day |
|
| | 10400HB1832sam003 | - 27 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | and Temporary Labor Services Act. |
| 2 | | (kk) Information prohibited from disclosure under the |
| 3 | | Seizure and Forfeiture Reporting Act. |
| 4 | | (ll) Information the disclosure of which is restricted |
| 5 | | and exempted under Section 5-30.8 of the Illinois Public |
| 6 | | Aid Code. |
| 7 | | (mm) Records that are exempt from disclosure under |
| 8 | | Section 4.2 of the Crime Victims Compensation Act. |
| 9 | | (nn) Information that is exempt from disclosure under |
| 10 | | Section 70 of the Higher Education Student Assistance Act. |
| 11 | | (oo) Communications, notes, records, and reports |
| 12 | | arising out of a peer support counseling session |
| 13 | | prohibited from disclosure under the First Responders |
| 14 | | Suicide Prevention Act. |
| 15 | | (pp) Names and all identifying information relating to |
| 16 | | an employee of an emergency services provider or law |
| 17 | | enforcement agency under the First Responders Suicide |
| 18 | | Prevention Act. |
| 19 | | (qq) Information and records held by the Department of |
| 20 | | Public Health and its authorized representatives collected |
| 21 | | under the Reproductive Health Act. |
| 22 | | (rr) Information that is exempt from disclosure under |
| 23 | | the Cannabis Regulation and Tax Act. |
| 24 | | (ss) Data reported by an employer to the Department of |
| 25 | | Human Rights pursuant to Section 2-108 of the Illinois |
| 26 | | Human Rights Act. |
|
| | 10400HB1832sam003 | - 28 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | (tt) Recordings made under the Children's Advocacy |
| 2 | | Center Act, except to the extent authorized under that |
| 3 | | Act. |
| 4 | | (uu) Information that is exempt from disclosure under |
| 5 | | Section 50 of the Sexual Assault Evidence Submission Act. |
| 6 | | (vv) Information that is exempt from disclosure under |
| 7 | | subsections (f) and (j) of Section 5-36 of the Illinois |
| 8 | | Public Aid Code. |
| 9 | | (ww) Information that is exempt from disclosure under |
| 10 | | Section 16.8 of the State Treasurer Act. |
| 11 | | (xx) Information that is exempt from disclosure or |
| 12 | | information that shall not be made public under the |
| 13 | | Illinois Insurance Code. |
| 14 | | (yy) Information prohibited from being disclosed under |
| 15 | | the Illinois Educational Labor Relations Act. |
| 16 | | (zz) Information prohibited from being disclosed under |
| 17 | | the Illinois Public Labor Relations Act. |
| 18 | | (aaa) Information prohibited from being disclosed |
| 19 | | under Section 1-167 of the Illinois Pension Code. |
| 20 | | (bbb) Information that is prohibited from disclosure |
| 21 | | by the Illinois Police Training Act and the Illinois State |
| 22 | | Police Act. |
| 23 | | (ccc) Records exempt from disclosure under Section |
| 24 | | 2605-304 of the Illinois State Police Law of the Civil |
| 25 | | Administrative Code of Illinois. |
| 26 | | (ddd) Information prohibited from being disclosed |
|
| | 10400HB1832sam003 | - 29 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | under Section 35 of the Address Confidentiality for |
| 2 | | Victims of Domestic Violence, Sexual Assault, Human |
| 3 | | Trafficking, or Stalking Act. |
| 4 | | (eee) Information prohibited from being disclosed |
| 5 | | under subsection (b) of Section 75 of the Domestic |
| 6 | | Violence Fatality Review Act. |
| 7 | | (fff) Images from cameras under the Expressway Camera |
| 8 | | Act and all automated license plate reader (ALPR) |
| 9 | | information used and collected by the Illinois State |
| 10 | | Police. "ALPR information" means information gathered by |
| 11 | | an ALPR or created from the analysis of data generated by |
| 12 | | an ALPR. This subsection (fff) is inoperative on and after |
| 13 | | July 1, 2028. |
| 14 | | (ggg) Information prohibited from disclosure under |
| 15 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
| 16 | | Agency Licensing Act. |
| 17 | | (hhh) Information submitted to the Illinois State |
| 18 | | Police in an affidavit or application for an assault |
| 19 | | weapon endorsement, assault weapon attachment endorsement, |
| 20 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
| 21 | | endorsement under the Firearm Owners Identification Card |
| 22 | | Act. |
| 23 | | (iii) Data exempt from disclosure under Section 50 of |
| 24 | | the School Safety Drill Act. |
| 25 | | (jjj) Information exempt from disclosure under Section |
| 26 | | 30 of the Insurance Data Security Law. |
|
| | 10400HB1832sam003 | - 30 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | (kkk) Confidential business information prohibited |
| 2 | | from disclosure under Section 45 of the Paint Stewardship |
| 3 | | Act. |
| 4 | | (lll) Data exempt from disclosure under Section |
| 5 | | 2-3.196 of the School Code. |
| 6 | | (mmm) Information prohibited from being disclosed |
| 7 | | under subsection (e) of Section 1-129 of the Illinois |
| 8 | | Power Agency Act. |
| 9 | | (nnn) Materials received by the Department of Commerce |
| 10 | | and Economic Opportunity that are confidential under the |
| 11 | | Music and Musicians Tax Credit and Jobs Act. |
| 12 | | (ooo) Data or information provided pursuant to Section |
| 13 | | 20 of the Statewide Recycling Needs and Assessment Act. |
| 14 | | (ppp) Information that is exempt from disclosure under |
| 15 | | Section 28-11 of the Lawful Health Care Activity Act. |
| 16 | | (qqq) Information that is exempt from disclosure under |
| 17 | | Section 7-101 of the Illinois Human Rights Act. |
| 18 | | (rrr) Information prohibited from being disclosed |
| 19 | | under Section 4-2 of the Uniform Money Transmission |
| 20 | | Modernization Act. |
| 21 | | (sss) Information exempt from disclosure under Section |
| 22 | | 40 of the Student-Athlete Endorsement Rights Act. |
| 23 | | (ttt) Audio recordings made under Section 30 of the |
| 24 | | Illinois State Police Act, except to the extent authorized |
| 25 | | under that Section. |
| 26 | | (uuu) Information prohibited from being disclosed |
|
| | 10400HB1832sam003 | - 31 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | under Section 30-5 of the Digital Assets Regulation Act. |
| 2 | | (www) Nomination petitions exempt from disclosure |
| 3 | | under subsection (13) of Section 7-12 of the Election |
| 4 | | Code. |
| 5 | | (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; |
| 6 | | 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. |
| 7 | | 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, |
| 8 | | eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; |
| 9 | | 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. |
| 10 | | 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, |
| 11 | | eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; |
| 12 | | 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff. |
| 13 | | 6-1-26; revised 1-7-26.) |
| 14 | | (Text of Section after amendment by P.A. 104-441) |
| 15 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
| 16 | | by the statutes referenced below, the following shall be |
| 17 | | exempt from inspection and copying: |
| 18 | | (a) All information determined to be confidential |
| 19 | | under Section 4002 of the Technology Advancement and |
| 20 | | Development Act. |
| 21 | | (b) Library circulation and order records identifying |
| 22 | | library users with specific materials under the Library |
| 23 | | Records Confidentiality Act. |
| 24 | | (c) Applications, related documents, and medical |
| 25 | | records received by the Experimental Organ Transplantation |
|
| | 10400HB1832sam003 | - 32 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | Procedures Board and any and all documents or other |
| 2 | | records prepared by the Experimental Organ Transplantation |
| 3 | | Procedures Board or its staff relating to applications it |
| 4 | | has received. |
| 5 | | (d) Information and records held by the Department of |
| 6 | | Public Health and its authorized representatives relating |
| 7 | | to known or suspected cases of sexually transmitted |
| 8 | | infection or any information the disclosure of which is |
| 9 | | restricted under the Illinois Sexually Transmitted |
| 10 | | Infection Control Act. |
| 11 | | (e) Information the disclosure of which is exempted |
| 12 | | under Section 30 of the Radon Industry Licensing Act. |
| 13 | | (f) Firm performance evaluations under Section 55 of |
| 14 | | the Architectural, Engineering, and Land Surveying |
| 15 | | Qualifications Based Selection Act. |
| 16 | | (g) Information the disclosure of which is restricted |
| 17 | | and exempted under Section 50 of the Illinois Prepaid |
| 18 | | Tuition Act. |
| 19 | | (h) Information the disclosure of which is exempted |
| 20 | | under the State Officials and Employees Ethics Act, and |
| 21 | | records of any lawfully created State or local inspector |
| 22 | | general's office that would be exempt if created or |
| 23 | | obtained by an Executive Inspector General's office under |
| 24 | | that Act. |
| 25 | | (i) Information contained in a local emergency energy |
| 26 | | plan submitted to a municipality in accordance with a |
|
| | 10400HB1832sam003 | - 33 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | local emergency energy plan ordinance that is adopted |
| 2 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
| 3 | | (j) Information and data concerning the distribution |
| 4 | | of surcharge moneys collected and remitted by carriers |
| 5 | | under the Emergency Telephone System Act. |
| 6 | | (k) Law enforcement officer identification information |
| 7 | | or driver identification information compiled by a law |
| 8 | | enforcement agency or the Department of Transportation |
| 9 | | under Section 11-212 of the Illinois Vehicle Code. |
| 10 | | (l) Records and information provided to a residential |
| 11 | | health care facility resident sexual assault and death |
| 12 | | review team or the Executive Council under the Abuse |
| 13 | | Prevention Review Team Act. |
| 14 | | (m) Information provided to the predatory lending |
| 15 | | database created pursuant to Article 3 of the Residential |
| 16 | | Real Property Disclosure Act, except to the extent |
| 17 | | authorized under that Article. |
| 18 | | (n) Defense budgets and petitions for certification of |
| 19 | | compensation and expenses for court appointed trial |
| 20 | | counsel as provided under Sections 10 and 15 of the |
| 21 | | Capital Crimes Litigation Act (repealed). This subsection |
| 22 | | (n) shall apply until the conclusion of the trial of the |
| 23 | | case, even if the prosecution chooses not to pursue the |
| 24 | | death penalty prior to trial or sentencing. |
| 25 | | (o) Information that is prohibited from being |
| 26 | | disclosed under Section 4 of the Illinois Health and |
|
| | 10400HB1832sam003 | - 34 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | Hazardous Substances Registry Act. |
| 2 | | (p) Security portions of system safety program plans, |
| 3 | | investigation reports, surveys, schedules, lists, data, or |
| 4 | | information compiled, collected, or prepared by or for the |
| 5 | | Department of Transportation under Sections 2705-300 and |
| 6 | | 2705-616 of the Department of Transportation Law of the |
| 7 | | Civil Administrative Code of Illinois, the Northern |
| 8 | | Illinois Transit Authority under Section 2.11 of the |
| 9 | | Northern Illinois Transit Authority Act, or the St. Clair |
| 10 | | County Transit District under the Bi-State Transit Safety |
| 11 | | Act (repealed). |
| 12 | | (q) Information prohibited from being disclosed by the |
| 13 | | Personnel Record Review Act. |
| 14 | | (r) Information prohibited from being disclosed by the |
| 15 | | Illinois School Student Records Act. |
| 16 | | (s) Information the disclosure of which is restricted |
| 17 | | under Section 5-108 of the Public Utilities Act. |
| 18 | | (t) (Blank). |
| 19 | | (u) Records and information provided to an independent |
| 20 | | team of experts under the Developmental Disability and |
| 21 | | Mental Health Safety Act (also known as Brian's Law). |
| 22 | | (v) Names and information of people who have applied |
| 23 | | for or received Firearm Owner's Identification Cards under |
| 24 | | the Firearm Owners Identification Card Act or applied for |
| 25 | | or received a concealed carry license under the Firearm |
| 26 | | Concealed Carry Act, unless otherwise authorized by the |
|
| | 10400HB1832sam003 | - 35 - | LRB104 06301 SPS 38609 a |
|
|
| 1 | | Firearm Concealed Carry Act; and databases under the |
| 2 | | Firearm Concealed Carry Act, records of the Concealed |
| 3 | | Carry Licensing Review Board under the Firearm Concealed |
| 4 | | Carry Act, and law enforcement agency objections under the |
| 5 | | Firearm Concealed Carry Act. |
| 6 | | (v-5) Records of the Firearm Owner's Identification |
| 7 | | Card Review Board that are exempted from disclosure under |
| 8 | | Section 10 of the Firearm Owners Identification Card Act. |
| 9 | | (w) Personally identifiable information which is |
| 10 | | exempted from disclosure under subsection (g) of Section |
| 11 | | 19.1 of the Toll Highway Act. |
| 12 | | (x) Information which is exempted from disclosure |
| 13 | | under Section 5-1014.3 of the Counties Code or Section |
| 14 | | 8-11-21 of the Illinois Municipal Code. |
| 15 | | (y) Confidential information under the Adult |
| 16 | | Protective Services Act and its predecessor enabling |
| 17 | | statute, the Elder Abuse and Neglect Act, including |
| 18 | | information about the identity and administrative finding |
| 19 | | against any caregiver of a verified and substantiated |
| 20 | | decision of abuse, neglect, or financial exploitation of |
| 21 | | an eligible adult maintained in the Registry established |
| 22 | | under Section 7.5 of the Adult Protective Services Act. |
| 23 | | (z) Records and information provided to a fatality |
| 24 | | review team or the Illinois Fatality Review Team Advisory |
| 25 | | Council under Section 15 of the Adult Protective Services |
| 26 | | Act. |
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| 1 | | (aa) Information which is exempted from disclosure |
| 2 | | under Section 2.37 of the Wildlife Code. |
| 3 | | (bb) Information which is or was prohibited from |
| 4 | | disclosure by the Juvenile Court Act of 1987. |
| 5 | | (cc) Recordings made under the Law Enforcement |
| 6 | | Officer-Worn Body Camera Act, except to the extent |
| 7 | | authorized under that Act. |
| 8 | | (dd) Information that is prohibited from being |
| 9 | | disclosed under Section 45 of the Condominium and Common |
| 10 | | Interest Community Ombudsperson Act. |
| 11 | | (ee) Information that is exempted from disclosure |
| 12 | | under Section 30.1 of the Pharmacy Practice Act. |
| 13 | | (ff) Information that is exempted from disclosure |
| 14 | | under the Revised Uniform Unclaimed Property Act. |
| 15 | | (gg) Information that is prohibited from being |
| 16 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
| 17 | | Code. |
| 18 | | (hh) Records that are exempt from disclosure under |
| 19 | | Section 1A-16.7 of the Election Code. |
| 20 | | (ii) Information which is exempted from disclosure |
| 21 | | under Section 2505-800 of the Department of Revenue Law of |
| 22 | | the Civil Administrative Code of Illinois. |
| 23 | | (jj) Information and reports that are required to be |
| 24 | | submitted to the Department of Labor by registering day |
| 25 | | and temporary labor service agencies but are exempt from |
| 26 | | disclosure under subsection (a-1) of Section 45 of the Day |
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| 1 | | and Temporary Labor Services Act. |
| 2 | | (kk) Information prohibited from disclosure under the |
| 3 | | Seizure and Forfeiture Reporting Act. |
| 4 | | (ll) Information the disclosure of which is restricted |
| 5 | | and exempted under Section 5-30.8 of the Illinois Public |
| 6 | | Aid Code. |
| 7 | | (mm) Records that are exempt from disclosure under |
| 8 | | Section 4.2 of the Crime Victims Compensation Act. |
| 9 | | (nn) Information that is exempt from disclosure under |
| 10 | | Section 70 of the Higher Education Student Assistance Act. |
| 11 | | (oo) Communications, notes, records, and reports |
| 12 | | arising out of a peer support counseling session |
| 13 | | prohibited from disclosure under the First Responders |
| 14 | | Suicide Prevention Act. |
| 15 | | (pp) Names and all identifying information relating to |
| 16 | | an employee of an emergency services provider or law |
| 17 | | enforcement agency under the First Responders Suicide |
| 18 | | Prevention Act. |
| 19 | | (qq) Information and records held by the Department of |
| 20 | | Public Health and its authorized representatives collected |
| 21 | | under the Reproductive Health Act. |
| 22 | | (rr) Information that is exempt from disclosure under |
| 23 | | the Cannabis Regulation and Tax Act. |
| 24 | | (ss) Data reported by an employer to the Department of |
| 25 | | Human Rights pursuant to Section 2-108 of the Illinois |
| 26 | | Human Rights Act. |
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| 1 | | (tt) Recordings made under the Children's Advocacy |
| 2 | | Center Act, except to the extent authorized under that |
| 3 | | Act. |
| 4 | | (uu) Information that is exempt from disclosure under |
| 5 | | Section 50 of the Sexual Assault Evidence Submission Act. |
| 6 | | (vv) Information that is exempt from disclosure under |
| 7 | | subsections (f) and (j) of Section 5-36 of the Illinois |
| 8 | | Public Aid Code. |
| 9 | | (ww) Information that is exempt from disclosure under |
| 10 | | Section 16.8 of the State Treasurer Act. |
| 11 | | (xx) Information that is exempt from disclosure or |
| 12 | | information that shall not be made public under the |
| 13 | | Illinois Insurance Code. |
| 14 | | (yy) Information prohibited from being disclosed under |
| 15 | | the Illinois Educational Labor Relations Act. |
| 16 | | (zz) Information prohibited from being disclosed under |
| 17 | | the Illinois Public Labor Relations Act. |
| 18 | | (aaa) Information prohibited from being disclosed |
| 19 | | under Section 1-167 of the Illinois Pension Code. |
| 20 | | (bbb) Information that is prohibited from disclosure |
| 21 | | by the Illinois Police Training Act and the Illinois State |
| 22 | | Police Act. |
| 23 | | (ccc) Records exempt from disclosure under Section |
| 24 | | 2605-304 of the Illinois State Police Law of the Civil |
| 25 | | Administrative Code of Illinois. |
| 26 | | (ddd) Information prohibited from being disclosed |
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| 1 | | under Section 35 of the Address Confidentiality for |
| 2 | | Victims of Domestic Violence, Sexual Assault, Human |
| 3 | | Trafficking, or Stalking Act. |
| 4 | | (eee) Information prohibited from being disclosed |
| 5 | | under subsection (b) of Section 75 of the Domestic |
| 6 | | Violence Fatality Review Act. |
| 7 | | (fff) Images from cameras under the Expressway Camera |
| 8 | | Act and all automated license plate reader (ALPR) |
| 9 | | information used and collected by the Illinois State |
| 10 | | Police. "ALPR information" means information gathered by |
| 11 | | an ALPR or created from the analysis of data generated by |
| 12 | | an ALPR. This subsection (fff) is inoperative on and after |
| 13 | | July 1, 2028. |
| 14 | | (ggg) Information prohibited from disclosure under |
| 15 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
| 16 | | Agency Licensing Act. |
| 17 | | (hhh) Information submitted to the Illinois State |
| 18 | | Police in an affidavit or application for an assault |
| 19 | | weapon endorsement, assault weapon attachment endorsement, |
| 20 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
| 21 | | endorsement under the Firearm Owners Identification Card |
| 22 | | Act. |
| 23 | | (iii) Data exempt from disclosure under Section 50 of |
| 24 | | the School Safety Drill Act. |
| 25 | | (jjj) Information exempt from disclosure under Section |
| 26 | | 30 of the Insurance Data Security Law. |
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| 1 | | (kkk) Confidential business information prohibited |
| 2 | | from disclosure under Section 45 of the Paint Stewardship |
| 3 | | Act. |
| 4 | | (lll) Data exempt from disclosure under Section |
| 5 | | 2-3.196 of the School Code. |
| 6 | | (mmm) Information prohibited from being disclosed |
| 7 | | under subsection (e) of Section 1-129 of the Illinois |
| 8 | | Power Agency Act. |
| 9 | | (nnn) Materials received by the Department of Commerce |
| 10 | | and Economic Opportunity that are confidential under the |
| 11 | | Music and Musicians Tax Credit and Jobs Act. |
| 12 | | (ooo) Data or information provided pursuant to Section |
| 13 | | 20 of the Statewide Recycling Needs and Assessment Act. |
| 14 | | (ppp) Information that is exempt from disclosure under |
| 15 | | Section 28-11 of the Lawful Health Care Activity Act. |
| 16 | | (qqq) Information that is exempt from disclosure under |
| 17 | | Section 7-101 of the Illinois Human Rights Act. |
| 18 | | (rrr) Information prohibited from being disclosed |
| 19 | | under Section 4-2 of the Uniform Money Transmission |
| 20 | | Modernization Act. |
| 21 | | (sss) Information exempt from disclosure under Section |
| 22 | | 40 of the Student-Athlete Endorsement Rights Act. |
| 23 | | (ttt) Audio recordings made under Section 30 of the |
| 24 | | Illinois State Police Act, except to the extent authorized |
| 25 | | under that Section. |
| 26 | | (uuu) Information prohibited from being disclosed |
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| 1 | | under Section 30-5 of the Digital Assets Regulation Act. |
| 2 | | (vvv) (uuu) Information exempt from disclosure under |
| 3 | | Section 70 of the End-of-Life Options for Terminally Ill |
| 4 | | Patients Act. |
| 5 | | (www) Nomination petitions exempt from disclosure |
| 6 | | under subsection (13) of Section 7-12 of the Election |
| 7 | | Code. |
| 8 | | (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; |
| 9 | | 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. |
| 10 | | 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, |
| 11 | | eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; |
| 12 | | 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. |
| 13 | | 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, |
| 14 | | eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; |
| 15 | | 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff. |
| 16 | | 9-12-26; 104-457, eff. 6-1-26; revised 1-7-26.) |
| 17 | | Section 35-15. The Election Code is amended by changing |
| 18 | | Sections 1-9.1, 1-12, 1A-8, 7-12, 10-8, 10-10, 17-13.5, 19-3, |
| 19 | | 19-8, and 20-8 and by adding Sections 11-8.5 and 11-9 as |
| 20 | | follows: |
| 21 | | (10 ILCS 5/1-9.1) |
| 22 | | Sec. 1-9.1. Office and candidate information; ballot |
| 23 | | Ballot counting information dissemination. |
| 24 | | (a) Each election authority shall maintain maintaining a |
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| 1 | | website and shall must provide 24-hour notice on its website |
| 2 | | of the date, time, and location of the analysis, processing, |
| 3 | | and counting of all ballot forms. Each election authority |
| 4 | | shall must notify any political party or pollwatcher of the |
| 5 | | same information 24 hours before the count begins if such |
| 6 | | political party or pollwatcher has requested to be notified. |
| 7 | | Notification may be by electronic mail at the address provided |
| 8 | | by the requester. |
| 9 | | (b) Each election authority shall post election results on |
| 10 | | its website, including district data for every electoral |
| 11 | | district under the election authority's jurisdiction, even if |
| 12 | | the election authority only has jurisdiction over part of the |
| 13 | | electoral district. Each election authority shall update the |
| 14 | | election results on its website each time a new batch of votes |
| 15 | | is tabulated or every 12 hours, whichever is less. Each |
| 16 | | election authority shall also update on its website, every 12 |
| 17 | | hours, the number of vote by mail ballots, by precinct, that |
| 18 | | have been: (i) requested but not received by the election |
| 19 | | authority; (ii) received but have not been tabulated by the |
| 20 | | election authority; and (iii) rejected by the election |
| 21 | | authority. |
| 22 | | (c) The State Board of Elections, each election authority, |
| 23 | | and each local election official shall post the following |
| 24 | | information on its website, as applicable: |
| 25 | | (1) no later than 30 days after the proclamation of |
| 26 | | the results of any canvas declaring persons elected, the |
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| 1 | | name, political party, if any, and the office of each |
| 2 | | person elected at the general election or consolidated |
| 3 | | election; |
| 4 | | (2) no later than 90 days before the first day that |
| 5 | | nominating petitions may be circulated, the offices that |
| 6 | | will appear on the ballot at the next regular election; |
| 7 | | and |
| 8 | | (3) no later than 5 days after the close of a petition |
| 9 | | filing period, the name, campaign-affiliated email |
| 10 | | address, campaign-affiliated phone number, political party |
| 11 | | affiliation, if any, and office sought by each person who |
| 12 | | has filed petitions for nomination to appear on the ballot |
| 13 | | at the next regular election. |
| 14 | | (Source: P.A. 98-1171, eff. 6-1-15.) |
| 15 | | (10 ILCS 5/1-12) |
| 16 | | Sec. 1-12. Public university voting. |
| 17 | | (a) Each appropriate election authority shall, in addition |
| 18 | | to the early voting conducted at locations otherwise required |
| 19 | | by law, conduct early voting, grace period registration, and |
| 20 | | grace period voting, and election day voting at the student |
| 21 | | union on the campus of a public university within the election |
| 22 | | authority's jurisdiction. The voting required by this |
| 23 | | subsection (a) to be conducted on campus must be conducted |
| 24 | | from the 6th day before a general primary or general election |
| 25 | | through until and including the 4th day before a general |
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| 1 | | primary or general election. For early voting and grace period |
| 2 | | voting, the location shall be open from 10:00 a.m. to 5:00 5 |
| 3 | | p.m. and standard hours on a general primary or general |
| 4 | | election day and as otherwise required by Article 19A of this |
| 5 | | Code, except that the voting required by this subsection (a) |
| 6 | | need not be conducted during a consolidated primary or |
| 7 | | consolidated election. The If an election authority has voting |
| 8 | | equipment that can accommodate a ballot in every form required |
| 9 | | in the election authority's jurisdiction, then the election |
| 10 | | authority shall extend early voting and grace period |
| 11 | | registration and voting under this Section to any registered |
| 12 | | voter in the election authority's jurisdiction. However, if |
| 13 | | the election authority does not have voting equipment that can |
| 14 | | accommodate a ballot in every form required in the election |
| 15 | | authority's jurisdiction, then the election authority may |
| 16 | | limit early voting and grace period registration and voting |
| 17 | | under this Section to voters in precincts where the public |
| 18 | | university is located and precincts bordering the university. |
| 19 | | Each public university shall make the space available at the |
| 20 | | student union for, and cooperate and coordinate with the |
| 21 | | appropriate election authority in, the implementation of this |
| 22 | | subsection (a). |
| 23 | | (b) (Blank). |
| 24 | | (c) For the purposes of this Section, "public university" |
| 25 | | means the University of Illinois, Illinois State University, |
| 26 | | Chicago State University, Governors State University, Southern |
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| 1 | | Illinois University, Northern Illinois University, Eastern |
| 2 | | Illinois University, Western Illinois University, and |
| 3 | | Northeastern Illinois University. |
| 4 | | (d) For the purposes of this Section, "student union" |
| 5 | | means the Student Center at 750 S. Halsted on the University of |
| 6 | | Illinois-Chicago campus; the Public Affairs Center at the |
| 7 | | University of Illinois at Springfield or a new building |
| 8 | | completed after the effective date of this Act housing student |
| 9 | | government at the University of Illinois at Springfield; the |
| 10 | | Illini Union at the University of Illinois at |
| 11 | | Urbana-Champaign; the SIUC Student Center at the Southern |
| 12 | | Illinois University at Carbondale campus; the Morris |
| 13 | | University Center at the Southern Illinois University at |
| 14 | | Edwardsville campus; the University Union at the Western |
| 15 | | Illinois University at the Macomb campus; the Holmes Student |
| 16 | | Center at the Northern Illinois University campus; the |
| 17 | | University Union at the Eastern Illinois University campus; |
| 18 | | NEIU Student Union at the Northeastern Illinois University |
| 19 | | campus; the Bone Student Center at the Illinois State |
| 20 | | University campus; the Cordell Reed Student Union at the |
| 21 | | Chicago State University campus; and the Hall of Governors in |
| 22 | | Building D at the Governors State University campus. |
| 23 | | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; |
| 24 | | 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.) |
| 25 | | (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8) |
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| 1 | | Sec. 1A-8. The State Board of Elections shall exercise the |
| 2 | | following powers and perform the following duties in addition |
| 3 | | to any powers or duties otherwise provided for by law: |
| 4 | | (1) Assume all duties and responsibilities of the |
| 5 | | State Electoral Board and the Secretary of State as |
| 6 | | heretofore provided in this Code; |
| 7 | | (2) Disseminate information to and consult with |
| 8 | | election authorities concerning the conduct of elections |
| 9 | | and registration in accordance with the laws of this State |
| 10 | | and the laws of the United States; |
| 11 | | (3) Furnish to each election authority prior to each |
| 12 | | primary and general election and any other election it |
| 13 | | deems necessary, a manual of uniform instructions |
| 14 | | consistent with the provisions of this Code which shall be |
| 15 | | used by election authorities in the preparation of the |
| 16 | | official manual of instruction to be used by the judges of |
| 17 | | election in any such election. In preparing such manual, |
| 18 | | the State Board shall consult with representatives of the |
| 19 | | election authorities throughout the State. The State Board |
| 20 | | may provide separate portions of the uniform instructions |
| 21 | | applicable to different election jurisdictions which |
| 22 | | administer elections under different options provided by |
| 23 | | law. The State Board may by regulation require particular |
| 24 | | portions of the uniform instructions to be included in any |
| 25 | | official manual of instructions published by election |
| 26 | | authorities. Any manual of instructions published by any |
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| 1 | | election authority shall be identical with the manual of |
| 2 | | uniform instructions issued by the Board, but may be |
| 3 | | adapted by the election authority to accommodate special |
| 4 | | or unusual local election problems, provided that all |
| 5 | | manuals published by election authorities must be |
| 6 | | consistent with the provisions of this Code in all |
| 7 | | respects and must receive the approval of the State Board |
| 8 | | of Elections prior to publication; provided further that |
| 9 | | if the State Board does not approve or disapprove of a |
| 10 | | proposed manual within 60 days of its submission, the |
| 11 | | manual shall be deemed approved; |
| 12 | | (4) Prescribe and require the use of such uniform |
| 13 | | forms, notices, and other supplies not inconsistent with |
| 14 | | the provisions of this Code as it shall deem advisable |
| 15 | | which shall be used by election authorities in the conduct |
| 16 | | of elections and registrations; |
| 17 | | (5) Prepare and certify the form of ballot for any |
| 18 | | proposed amendment to the Constitution of the State of |
| 19 | | Illinois, or any referendum to be submitted to the |
| 20 | | electors throughout the State or, when required to do so |
| 21 | | by law, to the voters of any area or unit of local |
| 22 | | government of the State; |
| 23 | | (6) Require such statistical reports regarding the |
| 24 | | conduct of elections and registration from election |
| 25 | | authorities as may be deemed necessary; |
| 26 | | (7) Review and inspect procedures and records relating |
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| 1 | | to conduct of elections and registration as may be deemed |
| 2 | | necessary, and to report violations of election laws to |
| 3 | | the appropriate State's Attorney or the Attorney General; |
| 4 | | (8) Recommend to the General Assembly legislation to |
| 5 | | improve the administration of elections and registration; |
| 6 | | (9) Adopt, amend or rescind rules and regulations in |
| 7 | | the performance of its duties provided that all such rules |
| 8 | | and regulations must be consistent with the provisions of |
| 9 | | this Article 1A or issued pursuant to authority otherwise |
| 10 | | provided by law; |
| 11 | | (10) Determine the validity and sufficiency of |
| 12 | | petitions filed under Article XIV, Section 3, of the |
| 13 | | Constitution of the State of Illinois of 1970; |
| 14 | | (11) Maintain in its principal office a research |
| 15 | | library that includes, but is not limited to, abstracts of |
| 16 | | votes by precinct for general primary elections and |
| 17 | | general elections, current precinct maps, and current |
| 18 | | precinct poll lists from all election jurisdictions within |
| 19 | | the State. The research library shall be open to the |
| 20 | | public during regular business hours. Such abstracts, |
| 21 | | maps, and lists shall be preserved as permanent records |
| 22 | | and shall be available for examination and copying at a |
| 23 | | reasonable cost; |
| 24 | | (12) Supervise the administration of the registration |
| 25 | | and election laws throughout the State; |
| 26 | | (13) Obtain from the Department of Central Management |
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| 1 | | Services, under Section 405-250 of the Department of |
| 2 | | Central Management Services Law, such use of electronic |
| 3 | | data processing equipment as may be required to perform |
| 4 | | the duties of the State Board of Elections and to provide |
| 5 | | election-related information to candidates, public and |
| 6 | | party officials, interested civic organizations, and the |
| 7 | | general public in a timely and efficient manner; |
| 8 | | (14) To take such action as may be necessary or |
| 9 | | required to give effect to directions of the national |
| 10 | | committee or State central committee of an established |
| 11 | | political party under Sections 7-8, 7-11, and 7-14.1 or |
| 12 | | such other provisions as may be applicable pertaining to |
| 13 | | the selection of delegates and alternate delegates to an |
| 14 | | established political party's national nominating |
| 15 | | conventions or, notwithstanding any candidate |
| 16 | | certification schedule contained within this Code, the |
| 17 | | certification of the Presidential and Vice Presidential |
| 18 | | candidate selected by the established political party's |
| 19 | | national nominating convention; |
| 20 | | (15) To post all early voting sites separated by |
| 21 | | election authority and hours of operation on its website |
| 22 | | at least 5 business days before the period for early |
| 23 | | voting begins; |
| 24 | | (16) To post on its website the statewide totals, and |
| 25 | | totals separated by each election authority, for each of |
| 26 | | the counts received pursuant to Section 1-9.2; and |
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| 1 | | (17) To post on its website, in a downloadable format, |
| 2 | | the information received from each election authority |
| 3 | | under Section 1-17; and . |
| 4 | | (18) To revoke or suspend raffle licenses for |
| 5 | | political committees that violate Section 8.1 of the |
| 6 | | Raffles and Poker Runs Act. |
| 7 | | The Board may by regulation delegate any of its duties or |
| 8 | | functions under this Article, except that final determinations |
| 9 | | and orders under this Article shall be issued only by the |
| 10 | | Board. |
| 11 | | The requirement for reporting to the General Assembly |
| 12 | | shall be satisfied by filing copies of the report as required |
| 13 | | by Section 3.1 of the General Assembly Organization Act, and |
| 14 | | filing such additional copies with the State Government Report |
| 15 | | Distribution Center for the General Assembly as is required |
| 16 | | under paragraph (t) of Section 7 of the State Library Act. |
| 17 | | (Source: P.A. 103-605, eff. 7-1-24.) |
| 18 | | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12) |
| 19 | | Sec. 7-12. All petitions for nomination shall be filed by |
| 20 | | mail or in person as follows: |
| 21 | | (1) Except as otherwise provided in this Code, where |
| 22 | | the nomination is to be made for a State, congressional, |
| 23 | | or judicial office, or for any office a nomination for |
| 24 | | which is made for a territorial division or district which |
| 25 | | comprises more than one county or is partly in one county |
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| 1 | | and partly in another county or counties (including the |
| 2 | | Fox Metro Water Reclamation District), then, except as |
| 3 | | otherwise provided in this Section, such petition for |
| 4 | | nomination shall be filed in the principal office of the |
| 5 | | State Board of Elections not more than 141 and not less |
| 6 | | than 134 days prior to the date of the primary, but, in the |
| 7 | | case of petitions for nomination to fill a vacancy by |
| 8 | | special election in the office of representative in |
| 9 | | Congress from this State, such petition for nomination |
| 10 | | shall be filed in the principal office of the State Board |
| 11 | | of Elections not more than 85 days and not less than 82 |
| 12 | | days prior to the date of the primary. |
| 13 | | Where a vacancy occurs in the office of Supreme, |
| 14 | | Appellate or Circuit Court Judge within the 3-week period |
| 15 | | preceding the 134th day before a general primary election, |
| 16 | | petitions for nomination for the office in which the |
| 17 | | vacancy has occurred shall be filed in the principal |
| 18 | | office of the State Board of Elections not more than 120 |
| 19 | | nor less than 113 days prior to the date of the general |
| 20 | | primary election. |
| 21 | | Where the nomination is to be made for delegates or |
| 22 | | alternate delegates to a national nominating convention, |
| 23 | | then such petition for nomination shall be filed in the |
| 24 | | principal office of the State Board of Elections not more |
| 25 | | than 141 and not less than 134 days prior to the date of |
| 26 | | the primary; provided, however, that if the rules or |
|
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| 1 | | policies of a national political party conflict with such |
| 2 | | requirements for filing petitions for nomination for |
| 3 | | delegates or alternate delegates to a national nominating |
| 4 | | convention, the chair of the State central committee of |
| 5 | | such national political party shall notify the Board in |
| 6 | | writing, citing by reference the rules or policies of the |
| 7 | | national political party in conflict, and in such case the |
| 8 | | Board shall direct such petitions to be filed in |
| 9 | | accordance with the delegate selection plan adopted by the |
| 10 | | state central committee of such national political party. |
| 11 | | (2) Where the nomination is to be made for a county |
| 12 | | office or trustee of a sanitary district then such |
| 13 | | petition shall be filed in the office of the county clerk |
| 14 | | not more than 141 nor less than 134 days prior to the date |
| 15 | | of the primary. |
| 16 | | (3) Where the nomination is to be made for a municipal |
| 17 | | or township office, such petitions for nomination shall be |
| 18 | | filed in the office of the local election official, not |
| 19 | | more than 127 nor less than 120 days prior to the date of |
| 20 | | the primary; provided, where a municipality's or |
| 21 | | township's boundaries are coextensive with or are entirely |
| 22 | | within the jurisdiction of a municipal board of election |
| 23 | | commissioners, the petitions shall be filed in the office |
| 24 | | of such board; and provided, that petitions for the office |
| 25 | | of multi-township assessor shall be filed with the |
| 26 | | election authority. |
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| 1 | | (4) The petitions of candidates for State central |
| 2 | | committeeperson shall be filed in the principal office of |
| 3 | | the State Board of Elections not more than 141 nor less |
| 4 | | than 134 days prior to the date of the primary. |
| 5 | | (5) Petitions of candidates for precinct, township or |
| 6 | | ward committeepersons shall be filed in the office of the |
| 7 | | county clerk not more than 141 nor less than 134 days prior |
| 8 | | to the date of the primary. |
| 9 | | (6) The State Board of Elections and the various |
| 10 | | election authorities and local election officials with |
| 11 | | whom such petitions for nominations are filed shall |
| 12 | | specify the place where filings shall be made and upon |
| 13 | | receipt shall endorse thereon the day and hour on which |
| 14 | | each petition was filed. All petitions filed by persons |
| 15 | | waiting in line as of 8:00 a.m. on the first day for |
| 16 | | filing, or as of the normal opening hour of the office |
| 17 | | involved on such day, shall be deemed filed as of 8:00 a.m. |
| 18 | | or the normal opening hour, as the case may be. Petitions |
| 19 | | filed by mail and received after midnight of the first day |
| 20 | | for filing and in the first mail delivery or pickup of that |
| 21 | | day shall be deemed as filed as of 8:00 a.m. of that day or |
| 22 | | as of the normal opening hour of such day, as the case may |
| 23 | | be. All petitions received thereafter shall be deemed as |
| 24 | | filed in the order of actual receipt. However, 2 or more |
| 25 | | petitions filed within the last hour of the filing |
| 26 | | deadline shall be deemed filed simultaneously. Where 2 or |
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| 1 | | more petitions are received simultaneously, the State |
| 2 | | Board of Elections or the various election authorities or |
| 3 | | local election officials with whom such petitions are |
| 4 | | filed shall break ties and determine the order of filing, |
| 5 | | by means of a lottery or other fair and impartial method of |
| 6 | | random selection approved by the State Board of Elections. |
| 7 | | Such lottery shall be conducted within 9 days following |
| 8 | | the last day for petition filing and shall be open to the |
| 9 | | public. Seven days written notice of the time and place of |
| 10 | | conducting such random selection shall be given by the |
| 11 | | State Board of Elections to the chair of the State central |
| 12 | | committee of each established political party, and by each |
| 13 | | election authority or local election official, to the |
| 14 | | County Chair of each established political party, and to |
| 15 | | each organization of citizens within the election |
| 16 | | jurisdiction which was entitled, under this Article, at |
| 17 | | the next preceding election, to have pollwatchers present |
| 18 | | on the day of election. The State Board of Elections, |
| 19 | | election authority or local election official shall post |
| 20 | | in a conspicuous, open and public place, at the entrance |
| 21 | | of the office, notice of the time and place of such |
| 22 | | lottery. The State Board of Elections shall adopt rules |
| 23 | | and regulations governing the procedures for the conduct |
| 24 | | of such lottery. All candidates shall be certified in the |
| 25 | | order in which their petitions have been filed. Where |
| 26 | | candidates have filed simultaneously, they shall be |
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| 1 | | certified in the order determined by lot and prior to |
| 2 | | candidates who filed for the same office at a later time. |
| 3 | | (7) The State Board of Elections or the appropriate |
| 4 | | election authority or local election official with whom |
| 5 | | such a petition for nomination is filed shall notify the |
| 6 | | person for whom a petition for nomination has been filed |
| 7 | | of the obligation to file statements of organization, |
| 8 | | reports of campaign contributions, and quarterly reports |
| 9 | | of campaign contributions and expenditures under Article 9 |
| 10 | | of this Code. Such notice shall be given in the manner |
| 11 | | prescribed by paragraph (7) of Section 9-16 of this Code. |
| 12 | | (8) Nomination papers filed under this Section are not |
| 13 | | valid if the candidate named therein fails to file a |
| 14 | | statement of economic interests as required by the |
| 15 | | Illinois Governmental Ethics Act in relation to his |
| 16 | | candidacy with the appropriate officer by the end of the |
| 17 | | period for the filing of nomination papers unless he has |
| 18 | | filed a statement of economic interests in relation to the |
| 19 | | same governmental unit with that officer within a year |
| 20 | | preceding the date on which such nomination papers were |
| 21 | | filed. If the nomination papers of any candidate and the |
| 22 | | statement of economic interests of that candidate are not |
| 23 | | required to be filed with the same officer, the candidate |
| 24 | | must file with the officer with whom the nomination papers |
| 25 | | are filed a receipt from the officer with whom the |
| 26 | | statement of economic interests is filed showing the date |
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| 1 | | on which such statement was filed. Such receipt shall be |
| 2 | | so filed not later than the last day on which nomination |
| 3 | | papers may be filed. |
| 4 | | (9) Except as otherwise provided in this Code, any |
| 5 | | person for whom a petition for nomination, or for |
| 6 | | committeeperson or for delegate or alternate delegate to a |
| 7 | | national nominating convention has been filed may cause |
| 8 | | his name to be withdrawn by request in writing, signed by |
| 9 | | him and duly acknowledged before an officer qualified to |
| 10 | | take acknowledgments of deeds, and filed in the principal |
| 11 | | or permanent branch office of the State Board of Elections |
| 12 | | or with the appropriate election authority or local |
| 13 | | election official, not later than the date of |
| 14 | | certification of candidates for the consolidated primary |
| 15 | | or general primary ballot. No names so withdrawn shall be |
| 16 | | certified or printed on the primary ballot. If petitions |
| 17 | | for nomination have been filed for the same person with |
| 18 | | respect to more than one political party, his name shall |
| 19 | | not be certified nor printed on the primary ballot of any |
| 20 | | party. If petitions for nomination have been filed for the |
| 21 | | same person for 2 or more offices which are incompatible |
| 22 | | so that the same person could not serve in more than one of |
| 23 | | such offices if elected, that person must withdraw as a |
| 24 | | candidate for all but one of such offices within the 5 |
| 25 | | business days following the last day for petition filing. |
| 26 | | A candidate in a judicial election may file petitions for |
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| 1 | | nomination for only one vacancy in a subcircuit and only |
| 2 | | one vacancy in a circuit in any one filing period, and if |
| 3 | | petitions for nomination have been filed for the same |
| 4 | | person for 2 or more vacancies in the same circuit or |
| 5 | | subcircuit in the same filing period, his or her name |
| 6 | | shall be certified only for the first vacancy for which |
| 7 | | the petitions for nomination were filed. If he fails to |
| 8 | | withdraw as a candidate for all but one of such offices |
| 9 | | within such time his name shall not be certified, nor |
| 10 | | printed on the primary ballot, for any office. For the |
| 11 | | purpose of the foregoing provisions, an office in a |
| 12 | | political party is not incompatible with any other office. |
| 13 | | (10)(a) Notwithstanding the provisions of any other |
| 14 | | statute, no primary shall be held for an established |
| 15 | | political party in any township, municipality, or ward |
| 16 | | thereof, where the nomination of such party for every |
| 17 | | office to be voted upon by the electors of such township, |
| 18 | | municipality, or ward thereof, is uncontested. Whenever a |
| 19 | | political party's nomination of candidates is uncontested |
| 20 | | as to one or more, but not all, of the offices to be voted |
| 21 | | upon by the electors of a township, municipality, or ward |
| 22 | | thereof, then a primary shall be held for that party in |
| 23 | | such township, municipality, or ward thereof; provided |
| 24 | | that the primary ballot shall not include those offices |
| 25 | | within such township, municipality, or ward thereof, for |
| 26 | | which the nomination is uncontested. For purposes of this |
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| 1 | | Article, the nomination of an established political party |
| 2 | | of a candidate for election to an office shall be deemed to |
| 3 | | be uncontested where not more than the number of persons |
| 4 | | to be nominated have timely filed valid nomination papers |
| 5 | | seeking the nomination of such party for election to such |
| 6 | | office. |
| 7 | | (b) Notwithstanding the provisions of any other |
| 8 | | statute, no primary election shall be held for an |
| 9 | | established political party for any special primary |
| 10 | | election called for the purpose of filling a vacancy in |
| 11 | | the office of representative in the United States Congress |
| 12 | | where the nomination of such political party for said |
| 13 | | office is uncontested. For the purposes of this Article, |
| 14 | | the nomination of an established political party of a |
| 15 | | candidate for election to said office shall be deemed to |
| 16 | | be uncontested where not more than the number of persons |
| 17 | | to be nominated have timely filed valid nomination papers |
| 18 | | seeking the nomination of such established party for |
| 19 | | election to said office. This subsection (b) shall not |
| 20 | | apply if such primary election is conducted on a regularly |
| 21 | | scheduled election day. |
| 22 | | (c) Notwithstanding the provisions in subparagraph (a) |
| 23 | | and (b) of this paragraph (10), whenever a person who has |
| 24 | | not timely filed valid nomination papers and who intends |
| 25 | | to become a write-in candidate for a political party's |
| 26 | | nomination for any office for which the nomination is |
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| 1 | | uncontested files a written statement or notice of that |
| 2 | | intent with the local election official where the |
| 3 | | candidate is seeking to appear on the ballot, a primary |
| 4 | | ballot shall be prepared and a primary shall be held for |
| 5 | | that office. Such statement or notice shall be filed on or |
| 6 | | before the date established in this Article for certifying |
| 7 | | candidates for the primary ballot. Such statement or |
| 8 | | notice shall contain (i) the name and address of the |
| 9 | | person intending to become a write-in candidate, (ii) a |
| 10 | | statement that the person is a qualified primary elector |
| 11 | | of the political party from whom the nomination is sought, |
| 12 | | (iii) a statement that the person intends to become a |
| 13 | | write-in candidate for the party's nomination, and (iv) |
| 14 | | the office the person is seeking as a write-in candidate. |
| 15 | | An election authority shall have no duty to conduct a |
| 16 | | primary and prepare a primary ballot for any office for |
| 17 | | which the nomination is uncontested unless a statement or |
| 18 | | notice meeting the requirements of this Section is filed |
| 19 | | in a timely manner. |
| 20 | | (11) If multiple sets of nomination papers are filed |
| 21 | | for a candidate to the same office, the State Board of |
| 22 | | Elections, appropriate election authority or local |
| 23 | | election official where the petitions are filed shall |
| 24 | | within 2 business days notify the candidate of his or her |
| 25 | | multiple petition filings and that the candidate has 3 |
| 26 | | business days after receipt of the notice to notify the |
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| 1 | | State Board of Elections, appropriate election authority |
| 2 | | or local election official that he or she may cancel prior |
| 3 | | sets of petitions. If the candidate notifies the State |
| 4 | | Board of Elections, appropriate election authority or |
| 5 | | local election official, the last set of petitions filed |
| 6 | | shall be the only petitions to be considered valid by the |
| 7 | | State Board of Elections, election authority or local |
| 8 | | election official. If the candidate fails to notify the |
| 9 | | State Board of Elections, election authority or local |
| 10 | | election official then only the first set of petitions |
| 11 | | filed shall be valid and all subsequent petitions shall be |
| 12 | | void. |
| 13 | | (12) All nominating petitions shall be available for |
| 14 | | public inspection and shall be preserved for a period of |
| 15 | | not less than 6 months. Nominating petitions shall not be |
| 16 | | subject to the Freedom of Information Act. |
| 17 | | (13) Upon request, the State Board of Elections or an |
| 18 | | election authority, as appropriate, shall promptly provide |
| 19 | | a requester with any requesting nominating petition filed |
| 20 | | with the appropriate election authority within the |
| 21 | | preceding 6 months. |
| 22 | | (Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21; |
| 23 | | 103-586, eff. 5-3-24; 103-600, eff. 7-1-24.) |
| 24 | | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8) |
| 25 | | Sec. 10-8. Except as otherwise provided in this Code, |
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| 1 | | certificates of nomination and nomination papers, declarations |
| 2 | | of intent to be a write-in candidate, and petitions to submit |
| 3 | | public questions to a referendum, being filed as required by |
| 4 | | this Code, and being in apparent conformity with the |
| 5 | | provisions of this Code Act, shall be deemed to be valid unless |
| 6 | | objection thereto is duly made in writing within 5 business |
| 7 | | days after the last day for filing the certificate of |
| 8 | | nomination or nomination papers or petition for a public |
| 9 | | question, with the following exceptions: |
| 10 | | A. In the case of petitions to amend Article IV of the |
| 11 | | Constitution of the State of Illinois, there shall be a |
| 12 | | period of 35 business days after the last day for the |
| 13 | | filing of such petitions in which objections can be filed. |
| 14 | | B. In the case of petitions for advisory questions of |
| 15 | | public policy to be submitted to the voters of the entire |
| 16 | | State, there shall be a period of 35 business days after |
| 17 | | the last day for the filing of such petitions in which |
| 18 | | objections can be filed. |
| 19 | | Any legal voter of the political subdivision or district |
| 20 | | in which the candidate or public question is to be voted on, or |
| 21 | | any legal voter in the State in the case of a proposed |
| 22 | | amendment to Article IV of the Constitution or an advisory |
| 23 | | public question to be submitted to the voters of the entire |
| 24 | | State, having objections to any certificate of nomination or |
| 25 | | nomination papers, or petitions, or declarations of intent to |
| 26 | | be a write-in candidate filed, shall file an objector's |
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| 1 | | petition together with 2 copies thereof in the principal |
| 2 | | office or the permanent branch office of the State Board of |
| 3 | | Elections, or in the office of the election authority or local |
| 4 | | election official with whom the certificate of nomination, |
| 5 | | nomination papers, or petitions, or declaration of intent to |
| 6 | | be a write-in candidate are on file. Objection petitions that |
| 7 | | do not include 2 copies thereof, shall not be accepted. In the |
| 8 | | case of nomination papers, or certificates of nomination, or |
| 9 | | declaration of intent to be a write-in candidate, the State |
| 10 | | Board of Elections, election authority or local election |
| 11 | | official shall note the day and hour upon which such |
| 12 | | objector's petition is filed, and shall, not later than 12:00 |
| 13 | | p.m. noon on the second business day after receipt of the |
| 14 | | petition, transmit by registered mail or receipted personal |
| 15 | | delivery the certificate of nomination or nomination papers |
| 16 | | and the original objector's petition to the chair of the |
| 17 | | proper electoral board designated in Section 10-9 of this Code |
| 18 | | hereof, or his authorized agent, and shall transmit a copy by |
| 19 | | registered mail or receipted personal delivery of the |
| 20 | | objector's petition, to the candidate whose certificate of |
| 21 | | nomination or nomination papers are objected to, addressed to |
| 22 | | the place of residence designated in said certificate of |
| 23 | | nomination or nomination papers. In the case of objections to |
| 24 | | a petition for a proposed amendment to Article IV of the |
| 25 | | Constitution or for an advisory public question to be |
| 26 | | submitted to the voters of the entire State, the State Board of |
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| 1 | | Elections shall note the day and hour upon which such |
| 2 | | objector's petition is filed and shall transmit a copy of the |
| 3 | | objector's petition by registered mail or receipted personal |
| 4 | | delivery to the person designated on a certificate attached to |
| 5 | | the petition as the principal proponent of such proposed |
| 6 | | amendment or public question, or as the proponents' attorney, |
| 7 | | for the purpose of receiving notice of objections. In the case |
| 8 | | of objections to a petition for a public question, to be |
| 9 | | submitted to the voters of a political subdivision, or |
| 10 | | district thereof, the election authority or local election |
| 11 | | official with whom such petition is filed shall note the day |
| 12 | | and hour upon which such objector's petition was filed, and |
| 13 | | shall, not later than 12:00 p.m. noon on the second business |
| 14 | | day after receipt of the petition, transmit by registered mail |
| 15 | | or receipted personal delivery the petition for the public |
| 16 | | question and the original objector's petition to the chair of |
| 17 | | the proper electoral board designated in Section 10-9 of this |
| 18 | | Code hereof, or his authorized agent, and shall transmit a |
| 19 | | copy by registered mail or receipted personal delivery, of the |
| 20 | | objector's petition to the person designated on a certificate |
| 21 | | attached to the petition as the principal proponent of the |
| 22 | | public question, or as the proponent's attorney, for the |
| 23 | | purposes of receiving notice of objections. |
| 24 | | The objector's petition shall give the objector's name and |
| 25 | | residence address, and shall state fully the nature of the |
| 26 | | objections to the certificate of nomination, declaration of |
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| 1 | | intent to be a write-in candidate, or nomination papers or |
| 2 | | petitions in question, and shall state the interest of the |
| 3 | | objector and shall state what relief is requested of the |
| 4 | | electoral board. |
| 5 | | The provisions of this Section and of Sections 10-9, |
| 6 | | 10-10, and 10-10.1 shall also apply to and govern objections |
| 7 | | to petitions for nomination filed under Article 7 or Article |
| 8 | | 8, except as otherwise provided in Section 7-13 for cases to |
| 9 | | which it is applicable, and also apply to and govern petitions |
| 10 | | for the submission of public questions under Article 28. For |
| 11 | | purposes of this Section and Section 10-10, objections to |
| 12 | | declarations of intent to be a write-in candidate shall be |
| 13 | | filed in the same manner and subject to the same jurisdiction |
| 14 | | as objections to nomination papers for the same office. |
| 15 | | (Source: P.A. 102-15, eff. 6-17-21; revised 6-24-25.) |
| 16 | | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10) |
| 17 | | Sec. 10-10. Within 24 hours after the receipt of the |
| 18 | | certificate of nomination or nomination papers, declaration of |
| 19 | | intent to be a write-in candidate, or proposed question of |
| 20 | | public policy, as the case may be, and the objector's |
| 21 | | petition, the chair of the electoral board other than the |
| 22 | | State Board of Elections shall send a call by registered or |
| 23 | | certified mail: to each of the members of the electoral board; |
| 24 | | to the objector who filed the objector's petition; either to |
| 25 | | the candidate whose certificate of nomination, or nomination |
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| 1 | | papers, or declaration of intent to be a write-in candidate |
| 2 | | are objected to or to the principal proponent or attorney for |
| 3 | | proponents of a question of public policy, as the case may be, |
| 4 | | whose petitions are objected to; to the election authority to |
| 5 | | whom the ballot is certified; and to the appropriate county |
| 6 | | clerk. The chair of the electoral board other than the State |
| 7 | | Board of Elections shall also cause the sheriff of the county |
| 8 | | or counties in which such officers and persons reside to serve |
| 9 | | a copy of such call upon each of such officers and persons, |
| 10 | | which call shall set out the fact that the electoral board is |
| 11 | | required to meet to hear and pass upon the objections to |
| 12 | | nominations made for the office, designating it, and shall |
| 13 | | state the day, hour and place at which the electoral board |
| 14 | | shall meet for the purpose, which place shall be in the county |
| 15 | | court house in the county in the case of the County Officers |
| 16 | | Electoral Board, the Municipal Officers Electoral Board, the |
| 17 | | Township Officers Electoral Board or the Education Officers |
| 18 | | Electoral Board, except that the Municipal Officers Electoral |
| 19 | | Board, the Township Officers Electoral Board, and the |
| 20 | | Education Officers Electoral Board may meet at the location |
| 21 | | where the governing body of the municipality, township, or |
| 22 | | community college district, respectively, holds its regularly |
| 23 | | scheduled meetings, if that location is available; provided |
| 24 | | that voter records may be removed from the offices of an |
| 25 | | election authority only at the discretion and under the |
| 26 | | supervision of the election authority. In those cases where |
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| 1 | | the State Board of Elections is the electoral board designated |
| 2 | | under Section 10-9, the chair of the State Board of Elections |
| 3 | | shall, within 24 hours after the receipt of the certificate of |
| 4 | | nomination or nomination papers or petitions for a proposed |
| 5 | | amendment to Article IV of the Constitution or proposed |
| 6 | | statewide question of public policy, send a call by registered |
| 7 | | or certified mail to the objector who files the objector's |
| 8 | | petition, and either to the candidate whose certificate of |
| 9 | | nomination or nomination papers are objected to or to the |
| 10 | | principal proponent or attorney for proponents of the proposed |
| 11 | | Constitutional amendment or statewide question of public |
| 12 | | policy and shall state the day, hour, and place at which the |
| 13 | | electoral board shall meet for the purpose, which place may be |
| 14 | | in the Capitol Building or in the principal or permanent |
| 15 | | branch office of the State Board. The day of the meeting shall |
| 16 | | not be less than 3 nor more than 5 days after the receipt of |
| 17 | | the certificate of nomination or nomination papers and the |
| 18 | | objector's petition by the chair of the electoral board. |
| 19 | | The electoral board shall have the power to administer |
| 20 | | oaths and to subpoena and examine witnesses and, at the |
| 21 | | request of either party and only upon a vote by a majority of |
| 22 | | its members, may authorize the chair to issue subpoenas |
| 23 | | requiring the attendance of witnesses and subpoenas duces |
| 24 | | tecum requiring the production of such books, papers, records |
| 25 | | and documents as may be evidence of any matter under inquiry |
| 26 | | before the electoral board, in the same manner as witnesses |
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| 1 | | are subpoenaed in the Circuit Court. |
| 2 | | Service of such subpoenas shall be made by any sheriff or |
| 3 | | other person in the same manner as in cases in such court and |
| 4 | | the fees of such sheriff shall be the same as is provided by |
| 5 | | law, and shall be paid by the objector or candidate who causes |
| 6 | | the issuance of the subpoena. In case any person so served |
| 7 | | shall knowingly neglect or refuse to obey any such subpoena, |
| 8 | | or to testify, the electoral board shall at once file a |
| 9 | | petition in the circuit court of the county in which such |
| 10 | | hearing is to be heard, or has been attempted to be heard, |
| 11 | | setting forth the facts, of such knowing refusal or neglect, |
| 12 | | and accompanying the petition with a copy of the citation and |
| 13 | | the answer, if one has been filed, together with a copy of the |
| 14 | | subpoena and the return of service thereon, and shall apply |
| 15 | | for an order of court requiring such person to attend and |
| 16 | | testify, and forthwith produce books and papers, before the |
| 17 | | electoral board. Any circuit court of the state, excluding the |
| 18 | | judge who is sitting on the electoral board, upon such showing |
| 19 | | shall order such person to appear and testify, and to |
| 20 | | forthwith produce such books and papers, before the electoral |
| 21 | | board at a place to be fixed by the court. If such person shall |
| 22 | | knowingly fail or refuse to obey such order of the court |
| 23 | | without lawful excuse, the court shall punish him or her by |
| 24 | | fine and imprisonment, as the nature of the case may require |
| 25 | | and may be lawful in cases of contempt of court. |
| 26 | | The electoral board on the first day of its meeting shall |
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| 1 | | adopt rules of procedure for the introduction of evidence and |
| 2 | | the presentation of arguments and may, in its discretion, |
| 3 | | provide for the filing of briefs by the parties to the |
| 4 | | objection or by other interested persons. |
| 5 | | In the event of a State Electoral Board hearing on |
| 6 | | objections to a petition for an amendment to Article IV of the |
| 7 | | Constitution pursuant to Section 3 of Article XIV of the |
| 8 | | Constitution, or to a petition for a question of public policy |
| 9 | | to be submitted to the voters of the entire State, the |
| 10 | | certificates of the county clerks and boards of election |
| 11 | | commissioners showing the results of the random sample of |
| 12 | | signatures on the petition shall be prima facie valid and |
| 13 | | accurate, and shall be presumed to establish the number of |
| 14 | | valid and invalid signatures on the petition sheets reviewed |
| 15 | | in the random sample, as prescribed in Section 28-11 and 28-12 |
| 16 | | of this Code. Either party, however, may introduce evidence at |
| 17 | | such hearing to dispute the findings as to particular |
| 18 | | signatures. In addition to the foregoing, in the absence of |
| 19 | | competent evidence presented at such hearing by a party |
| 20 | | substantially challenging the results of a random sample, or |
| 21 | | showing a different result obtained by an additional sample, |
| 22 | | this certificate of a county clerk or board of election |
| 23 | | commissioners shall be presumed to establish the ratio of |
| 24 | | valid to invalid signatures within the particular election |
| 25 | | jurisdiction. |
| 26 | | The electoral board shall take up the question as to |
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| 1 | | whether or not the certificate of nomination , or nomination |
| 2 | | papers, declaration of intent to be a write-in candidate, or |
| 3 | | petitions are in proper form, and whether or not they were |
| 4 | | filed within the time and under the conditions required by |
| 5 | | law, and whether or not they are the genuine certificate of |
| 6 | | nomination or nomination papers or petitions which they |
| 7 | | purport to be, and whether or not in the case of the |
| 8 | | certificate of nomination in question it represents accurately |
| 9 | | the decision of the caucus or convention issuing it, and in |
| 10 | | general shall decide whether or not the certificate of |
| 11 | | nomination, declaration of intent to be a write-in candidate |
| 12 | | or nominating papers or petitions on file are valid or whether |
| 13 | | the objections thereto should be sustained and the decision of |
| 14 | | a majority of the electoral board shall be final subject to |
| 15 | | judicial review as provided in Section 10-10.1. The electoral |
| 16 | | board must state its findings in writing and must state in |
| 17 | | writing which objections, if any, it has sustained. A copy of |
| 18 | | the decision shall be served upon the parties to the |
| 19 | | proceedings in open proceedings before the electoral board. If |
| 20 | | a party does not appear for receipt of the decision, the |
| 21 | | decision shall be deemed to have been served on the absent |
| 22 | | party on the date when a copy of the decision is personally |
| 23 | | delivered or on the date when a copy of the decision is |
| 24 | | deposited in the United States mail, in a sealed envelope or |
| 25 | | package, with postage prepaid, addressed to each party |
| 26 | | affected by the decision or to such party's attorney of |
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| 1 | | record, if any, at the address on record for such person in the |
| 2 | | files of the electoral board. |
| 3 | | Upon the expiration of the period within which a |
| 4 | | proceeding for judicial review must be commenced under Section |
| 5 | | 10-10.1, the electoral board shall, unless a proceeding for |
| 6 | | judicial review has been commenced within such period, |
| 7 | | transmit, by registered or certified mail, a certified copy of |
| 8 | | its ruling, together with the original certificate of |
| 9 | | nomination or nomination papers or petitions and the original |
| 10 | | objector's petition, to the officer or board with whom the |
| 11 | | certificate of nomination or nomination papers or petitions, |
| 12 | | as objected to, were on file and to the election authority to |
| 13 | | whom the ballot is certified and the appropriate county clerk, |
| 14 | | and such officer or board shall abide by and comply with the |
| 15 | | ruling so made to all intents and purposes. |
| 16 | | (Source: P.A. 103-467, eff. 8-4-23.) |
| 17 | | (10 ILCS 5/11-8.5 new) |
| 18 | | Sec. 11-8.5. Universal vote centers pilot program. |
| 19 | | (a) In addition to the vote centers required in subsection |
| 20 | | (a) of Section 11-8, a county election authority may establish |
| 21 | | vote centers for the period of early voting and on election day |
| 22 | | where all voters in its jurisdiction are allowed to vote, |
| 23 | | regardless of the precinct in which they are registered, and |
| 24 | | that location shall provide curbside voting. An election |
| 25 | | authority establishing vote centers under this Section shall |
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| 1 | | certify to the State Board of Elections no later than December |
| 2 | | 15, 2026, and shall make the locations public no later than the |
| 3 | | 60th day preceding an election. |
| 4 | | (b) For the elections held between January 1, 2027 through |
| 5 | | December 31, 2029, a county election authority may establish |
| 6 | | additional vote centers as described under subsection (a). In |
| 7 | | establishing these vote centers, the election authority shall |
| 8 | | do so in accordance with the following: |
| 9 | | (1) For each general primary election and general |
| 10 | | election, an election authority shall designate a minimum |
| 11 | | number of vote centers, as follows: |
| 12 | | (A) For counties with at least 50,000 registered |
| 13 | | voters on the day of election, at least one vote center |
| 14 | | for each 12,500 registered voters. |
| 15 | | (B) For counties with fewer than 50,000 registered |
| 16 | | voters, at least one vote center for each 10,000 |
| 17 | | registered voters. |
| 18 | | For the purposes of this paragraph, the number of |
| 19 | | registered voters in a county is the number of voters |
| 20 | | registered in the county on the date of the preceding |
| 21 | | presidential election or on the date of the preceding |
| 22 | | general election, whichever is greater. |
| 23 | | (2) A county election authority may designate a |
| 24 | | greater number of vote centers than the minimum required |
| 25 | | by this subsection. |
| 26 | | (3) In selecting the location for vote centers |
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| 1 | | required under paragraph (1), each county election |
| 2 | | authority shall consider: |
| 3 | | (A) proximity to the population centers of the |
| 4 | | county, including the population centers within the |
| 5 | | largest municipality or municipalities in a county; |
| 6 | | (B) proximity to public transportation lines and |
| 7 | | availability of parking; |
| 8 | | (C) equitable distribution across the county so as |
| 9 | | to afford maximally convenient options for voters; |
| 10 | | (D) geographic features that affect access and |
| 11 | | convenience; |
| 12 | | (E) access for persons with disabilities; |
| 13 | | (F) use of existing voting locations that |
| 14 | | typically serve a significant number of voters; |
| 15 | | (G) proximity to historically under-represented |
| 16 | | communities; and |
| 17 | | (H) the need to locate vote centers in population |
| 18 | | centers that had lower voter turnout in previous |
| 19 | | elections. |
| 20 | | (4) A county election authority must establish these |
| 21 | | vote centers no later than June 1, 2027. |
| 22 | | (c) If a county election authority certifies voter centers |
| 23 | | will be available as provided in this Section, a county |
| 24 | | election authority may increase the maximum number of |
| 25 | | registered voters per precinct to 1,600 registered voters, |
| 26 | | effective after January 1, 2027. The county shall divide its |
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| 1 | | election precincts in accordance with Section 11-2 after |
| 2 | | January 1, 2027 and no later than June 1, 2027, and must |
| 3 | | maintain the election precincts until December 30, 2030 or |
| 4 | | later. |
| 5 | | (d) This Section is repealed on January 1, 2030. |
| 6 | | (10 ILCS 5/11-9 new) |
| 7 | | Sec. 11-9. Name and data standardization. |
| 8 | | (a) The State Board of Elections shall develop and |
| 9 | | implement standard terminology for the naming of election |
| 10 | | districts, precincts, and polling places to streamline the |
| 11 | | reporting of election results and voter file data for the 2027 |
| 12 | | Consolidated Primary Election and the 2027 Consolidated |
| 13 | | Election. As part of implementing the use of standard |
| 14 | | terminology and to ensure the prompt availability of voter |
| 15 | | file data, no less than 100 days before the 2027 Consolidated |
| 16 | | Primary Election, the State Board of Elections shall adopt |
| 17 | | guidelines, via an order of the Board, for election |
| 18 | | authorities to follow when naming election districts, |
| 19 | | precincts, and polling places so that relevant election data |
| 20 | | points have standard identification with a human-readable |
| 21 | | name. The guidelines shall include, but shall not be limited |
| 22 | | to: (1) standardization conventions for data fields related to |
| 23 | | election districts, precincts, polling places, and other |
| 24 | | election data; and (2) any other requirement that, in the |
| 25 | | discretion of the State Board of Elections, facilitates |
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| 1 | | efficient interfacing with the statewide voter registration |
| 2 | | list maintained under Section 1A-25 or the reporting and |
| 3 | | dissemination of election data as required by law. The State |
| 4 | | Board of Elections shall publish a first draft of the |
| 5 | | guidelines at least 10 days before adopting the guidelines |
| 6 | | through an order of the Board. |
| 7 | | (b) Every election authority shall use the guidelines |
| 8 | | adopted under subsection (a) to name election districts, |
| 9 | | precincts, and polling places. Every election authority shall |
| 10 | | submit the names to the State Board of Elections no less than |
| 11 | | 70 days before the 2027 Consolidated Primary Election. |
| 12 | | (c) The State Board of Elections shall amend the names of |
| 13 | | any election district, precinct, or polling place that does |
| 14 | | not conform to the guidelines adopted under subsection (a). |
| 15 | | The State Board of Elections shall send those amended names to |
| 16 | | the election authority as soon as practicable. |
| 17 | | (d) No less than 50 days before the 2027 Consolidated |
| 18 | | Primary Election, all election districts, election precincts, |
| 19 | | and polling places shall be named in accordance with the |
| 20 | | guidelines adopted under subsection (a). Every election |
| 21 | | authority shall use the guidelines adopted under subsection |
| 22 | | (a) for the 2027 Consolidated Primary Election and the 2027 |
| 23 | | Consolidated Election. |
| 24 | | (e) No later than July 1, 2027, the State Board of |
| 25 | | Elections shall adopt administrative rules for name and data |
| 26 | | standardization for all elections subsequent to the 2027 |
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| 1 | | Consolidated Primary Election. By October 1, 2027 and by |
| 2 | | October 1 of each odd-numbered year thereafter, the staff of |
| 3 | | the State Board of Elections shall complete an audit of the |
| 4 | | names and data subject to the administrative rules adopted |
| 5 | | under this subsection and shall verify that the data |
| 6 | | submissions conform to the standardization requirements. The |
| 7 | | staff of the State Board of Elections, as part of the audit |
| 8 | | conducted under this subsection, shall advise the election |
| 9 | | authority of any needed corrections to the naming, content, |
| 10 | | formatting, or mode of submission of the data as soon as |
| 11 | | practicable. |
| 12 | | (f) Beginning with the 2028 General Primary Election, no |
| 13 | | less than 75 days before each election, every election |
| 14 | | authority shall ensure that the naming and data reported by |
| 15 | | the election authority that is related to election districts, |
| 16 | | election precincts, and polling places and is otherwise |
| 17 | | identified under subsection (a) conforms to the administrative |
| 18 | | rules adopted under subsection (e). |
| 19 | | (g) If the name and data standardization requirements of |
| 20 | | this Section regulating the formatting of data related to |
| 21 | | election districts, precincts, and polling places conflict |
| 22 | | with any specific provision of this Code, the requirements of |
| 23 | | this Section prevail. |
| 24 | | (10 ILCS 5/17-13.5) |
| 25 | | Sec. 17-13.5. Curbside voting. |
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| 1 | | (a) Election authorities may establish curbside voting for |
| 2 | | individuals to cast a ballot during early voting or on |
| 3 | | election day. An election authority's curbside voting program |
| 4 | | shall designate at least 2 election judges from opposite |
| 5 | | parties per vehicle, and the individual shall have the |
| 6 | | opportunity to mark the ballot without interference from the |
| 7 | | election judges. |
| 8 | | (b) Election authorities shall establish curbside voting |
| 9 | | for individuals with disabilities to cast a ballot during |
| 10 | | early voting and on election day at no less than one voting |
| 11 | | location within the election authority's jurisdiction. An |
| 12 | | election authority's curbside voting program shall designate |
| 13 | | at least 2 election judges from opposite parties per vehicle, |
| 14 | | and the individual shall have the opportunity to mark the |
| 15 | | ballot without interference from the election judges. No later |
| 16 | | than the 10th day preceding the start of early voting or |
| 17 | | election day voting, an election authority shall post on their |
| 18 | | publicly accessible website the voting location or locations |
| 19 | | where curbside voting is available and the method by which an |
| 20 | | individual with a disability may contact a poll worker in |
| 21 | | order to vote at the curbside voting location, including, but |
| 22 | | not limited to, a posted phone number, a doorbell device, or |
| 23 | | the stationing of a poll worker at the curbside voting |
| 24 | | location. |
| 25 | | (Source: P.A. 102-15, eff. 6-17-21.) |
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| 1 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) |
| 2 | | Sec. 19-3. Application for a vote by mail ballot. |
| 3 | | (a) The application for a vote by mail ballot for a single |
| 4 | | election shall be substantially in the following form: |
| 5 | | APPLICATION FOR VOTE BY MAIL BALLOT |
| 6 | | To be voted at the .... election in the County of .... and |
| 7 | | State of Illinois. |
| 8 | | I state that I am a resident of .... in the municipality of |
| 9 | | .... in the county of ....; that I have resided at such address |
| 10 | | for at least 30 days; that I am lawfully entitled to vote at |
| 11 | | the .... election to be held on ....; and that I wish to vote |
| 12 | | by mail. |
| 13 | | I hereby make application for an official ballot or |
| 14 | | ballots to be voted by me at such election, and I agree that I |
| 15 | | shall return such ballot or ballots to the official issuing |
| 16 | | the same prior to the closing of the polls on the date of the |
| 17 | | election or, if returned by mail, postmarked no later than |
| 18 | | election day, for counting no later than during the period for |
| 19 | | counting provisional ballots, the last day of which is the |
| 20 | | 14th day following election day. |
| 21 | | I understand that this application is made for an official |
| 22 | | vote by mail ballot or ballots to be voted by me at the |
| 23 | | election specified in this application and that I must submit |
| 24 | | a separate application for an official vote by mail ballot or |
| 25 | | ballots to be voted by me at any subsequent election. |
| 26 | | Under penalties as provided by law pursuant to Section |
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| 1 | | 29-10 of the Election Code, the undersigned certifies that the |
| 2 | | statements set forth in this application are true and correct. |
| 3 | | .... |
| 4 | | *fill in either (1), (2) or (3). |
| 5 | | Post office address to which ballot is mailed: |
| 6 | | ............... |
| 7 | | (a-5) The application for a single vote by mail ballot |
| 8 | | transmitted electronically pursuant to Section 19-2.6 shall be |
| 9 | | substantively similar to the application for a vote by mail |
| 10 | | ballot for a single election and shall include: |
| 11 | | I swear or affirm that I am a voter with a print |
| 12 | | disability, and, as a result of this disability, I am |
| 13 | | making a request to receive a vote by mail ballot |
| 14 | | electronically so that I may privately and independently |
| 15 | | mark, verify, and print my vote by mail ballot. |
| 16 | | (b) The application for permanent vote by mail status |
| 17 | | shall be substantially in the following form: |
| 18 | | APPLICATION FOR PERMANENT VOTE BY MAIL STATUS |
| 19 | | I am currently a registered voter and wish to apply for |
| 20 | | permanent vote by mail status. |
| 21 | | I state that I am a resident of .... in the municipality of |
| 22 | | .... in the county of ....; that I have resided at such address |
| 23 | | for at least 30 days; that I am lawfully entitled to vote at |
| 24 | | the .... election to be held on ....; and that I wish to vote |
| 25 | | by mail in: |
| 26 | | ..... all subsequent elections that do not require a party |
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| 1 | | designation. |
| 2 | | ..... all subsequent elections, and I wish to receive a |
| 3 | | ................... Party vote by mail ballot in |
| 4 | | elections that require a party designation. |
| 5 | | I hereby make application for an official ballot or |
| 6 | | ballots to be voted by me at such election, and I agree that I |
| 7 | | shall return such ballot or ballots to the official issuing |
| 8 | | the same prior to the closing of the polls on the date of the |
| 9 | | election or, if returned by mail, postmarked no later than |
| 10 | | election day, for counting no later than during the period for |
| 11 | | counting provisional ballots, the last day of which is the |
| 12 | | 14th day following election day. |
| 13 | | Under penalties as provided by law under Section 29-10 of |
| 14 | | the Election Code, the undersigned certifies that the |
| 15 | | statements set forth in this application are true and correct. |
| 16 | | .... |
| 17 | | Post office address to which ballot is mailed: |
| 18 | | ............... |
| 19 | | (b-5) The application for permanent vote by mail ballots |
| 20 | | transmitted electronically pursuant to Section 19-2.6 shall be |
| 21 | | substantively similar to the application for permanent vote by |
| 22 | | mail status and shall include: |
| 23 | | I swear or affirm that I am a voter with a |
| 24 | | non-temporary print disability, and as a result of this |
| 25 | | disability, I am making a request to receive vote by mail |
| 26 | | ballots electronically so that I may privately and |
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| 1 | | independently mark, verify, and print my vote by mail |
| 2 | | ballots. |
| 3 | | (c) However, if application is made for a primary election |
| 4 | | ballot, such application shall require the applicant to |
| 5 | | designate the name of the political party with which the |
| 6 | | applicant is affiliated. The election authority shall allow |
| 7 | | any voter on permanent vote by mail status to change his or her |
| 8 | | party affiliation for a primary election ballot by a method |
| 9 | | and deadline published and selected by the election authority. |
| 10 | | (d) If application is made electronically, the applicant |
| 11 | | shall mark the box associated with the above described |
| 12 | | statement included as part of the online application |
| 13 | | certifying that the statements set forth in the application |
| 14 | | under subsection (a) or (b) are true and correct, and a |
| 15 | | signature is not required. |
| 16 | | (e) Any person may produce, reproduce, distribute, or |
| 17 | | return to an election authority an application under this |
| 18 | | Section. If applications are sent to a post office box |
| 19 | | controlled by any individual or organization that is not an |
| 20 | | election authority, those applications shall (i) include a |
| 21 | | valid and current phone number for the individual or |
| 22 | | organization controlling the post office box and (ii) be |
| 23 | | turned over to the appropriate election authority within 7 |
| 24 | | days of receipt or, if received within 2 weeks of the election |
| 25 | | in which an applicant intends to vote, within 2 days of |
| 26 | | receipt. Failure to turn over the applications in compliance |
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| 1 | | with this paragraph shall constitute a violation of this Code |
| 2 | | and shall be punishable as a petty offense with a fine of $100 |
| 3 | | per application. Removing, tampering with, or otherwise |
| 4 | | knowingly making the postmark on the application unreadable by |
| 5 | | the election authority shall establish a rebuttable |
| 6 | | presumption of a violation of this paragraph. Upon receipt, |
| 7 | | the appropriate election authority shall accept and promptly |
| 8 | | process any application under this Section submitted in a form |
| 9 | | substantially similar to that required by this Section, |
| 10 | | including any substantially similar production or reproduction |
| 11 | | generated by the applicant. |
| 12 | | (f) An election authority shall may combine the |
| 13 | | applications in subsections (a) and (b) onto one form, but the |
| 14 | | distinction between the applications must be clear and the |
| 15 | | form must provide check boxes for an applicant to indicate |
| 16 | | whether he or she is applying for a single election vote by |
| 17 | | mail ballot or for permanent vote by mail status. |
| 18 | | (Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22; |
| 19 | | 103-467, eff. 8-4-23.) |
| 20 | | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8) |
| 21 | | Sec. 19-8. Time and place of counting ballots. |
| 22 | | (a) (Blank). (Blank.) |
| 23 | | (b) Each vote by mail voter's ballot returned to an |
| 24 | | election authority, by any means authorized by this Article, |
| 25 | | and received by that election authority before the closing of |
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| 1 | | the polls on election day shall be endorsed by the receiving |
| 2 | | election authority with the day and hour of receipt and may be |
| 3 | | processed by the election authority beginning on the day it is |
| 4 | | received by the election authority in the central ballot |
| 5 | | counting location of the election authority, but the results |
| 6 | | of the processing may not be counted until the day of the |
| 7 | | election after 7:00 p.m., except as provided in subsections |
| 8 | | (g) and (g-5). |
| 9 | | (c) Each vote by mail voter's ballot that is mailed to an |
| 10 | | election authority and postmarked no later than election day, |
| 11 | | but that is received by the election authority after the polls |
| 12 | | close on election day and before the close of the period for |
| 13 | | counting provisional ballots cast at that election, shall be |
| 14 | | endorsed by the receiving authority with the day and hour of |
| 15 | | receipt and shall be counted at the central ballot counting |
| 16 | | location of the election authority during the period for |
| 17 | | counting provisional ballots. |
| 18 | | Each vote by mail voter's ballot that is mailed to an |
| 19 | | election authority absent a postmark or a barcode usable with |
| 20 | | an intelligent mail barcode tracking system, but that is |
| 21 | | received by the election authority after the polls close on |
| 22 | | election day and before the close of the period for counting |
| 23 | | provisional ballots cast at that election, shall be endorsed |
| 24 | | by the receiving authority with the day and hour of receipt, |
| 25 | | opened to inspect the date inserted on the certification, and, |
| 26 | | if the certification date is election day or earlier and the |
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| 1 | | ballot is otherwise found to be valid under the requirements |
| 2 | | of this Section, counted at the central ballot counting |
| 3 | | location of the election authority during the period for |
| 4 | | counting provisional ballots. Absent a date on the |
| 5 | | certification, the ballot shall not be counted. |
| 6 | | If an election authority is using an intelligent mail |
| 7 | | barcode tracking system, a ballot that is mailed to an |
| 8 | | election authority absent a postmark may be counted if the |
| 9 | | intelligent mail barcode tracking system verifies the envelope |
| 10 | | was mailed no later than election day. |
| 11 | | (d) Special write-in vote by mail voter's blank ballots |
| 12 | | returned to an election authority, by any means authorized by |
| 13 | | this Article, and received by the election authority at any |
| 14 | | time before the closing of the polls on election day shall be |
| 15 | | endorsed by the receiving election authority with the day and |
| 16 | | hour of receipt and shall be counted at the central ballot |
| 17 | | counting location of the election authority during the same |
| 18 | | period provided for counting vote by mail voters' ballots |
| 19 | | under subsections (b), (g), and (g-5). Special write-in vote |
| 20 | | by mail voter's blank ballots that are mailed to an election |
| 21 | | authority and postmarked no later than election day, but that |
| 22 | | are received by the election authority after the polls close |
| 23 | | on election day and before the closing of the period for |
| 24 | | counting provisional ballots cast at that election, shall be |
| 25 | | endorsed by the receiving authority with the day and hour of |
| 26 | | receipt and shall be counted at the central ballot counting |
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| 1 | | location of the election authority during the same periods |
| 2 | | provided for counting vote by mail voters' ballots under |
| 3 | | subsection (c). |
| 4 | | (e) Except as otherwise provided in this Section, vote by |
| 5 | | mail voters' ballots and special write-in vote by mail voter's |
| 6 | | blank ballots received by the election authority after the |
| 7 | | closing of the polls on an election day shall be endorsed by |
| 8 | | the election authority receiving them with the day and hour of |
| 9 | | receipt and shall be safely kept unopened by the election |
| 10 | | authority for the period of time required for the preservation |
| 11 | | of ballots used at the election, and shall then, without being |
| 12 | | opened, be destroyed in like manner as the used ballots of that |
| 13 | | election. |
| 14 | | (f) Counting required under this Section to begin on |
| 15 | | election day after the closing of the polls shall commence no |
| 16 | | later than 8:00 p.m. and shall be conducted by a panel or |
| 17 | | panels of election judges appointed in the manner provided by |
| 18 | | law. The counting shall continue until all vote by mail |
| 19 | | voters' ballots and special write-in vote by mail voter's |
| 20 | | blank ballots required to be counted on election day have been |
| 21 | | counted. |
| 22 | | (g) The procedures set forth in Articles 17 and 18 of this |
| 23 | | Code shall apply to all ballots counted under this Section. In |
| 24 | | addition, within 2 days after a vote by mail ballot is |
| 25 | | received, but in all cases before the close of the period for |
| 26 | | counting provisional ballots, the election judge or official |
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| 1 | | shall compare the voter's signature on the certification |
| 2 | | envelope of that vote by mail ballot with the voter's |
| 3 | | signature on the application verified in accordance with |
| 4 | | Section 19-4 or the signature of the voter on file in the |
| 5 | | office of the election authority. If the election judge or |
| 6 | | official determines that the 2 signatures match, and that the |
| 7 | | vote by mail voter is otherwise qualified to cast a vote by |
| 8 | | mail ballot, the election authority shall cast and count the |
| 9 | | ballot on election day or the day the ballot is determined to |
| 10 | | be valid, whichever is later, adding the results to the |
| 11 | | precinct in which the voter is registered. If the election |
| 12 | | judge or official determines that the signatures do not match, |
| 13 | | or that the vote by mail voter is not qualified to cast a vote |
| 14 | | by mail ballot, then without opening the certification |
| 15 | | envelope, the judge or official shall mark across the face of |
| 16 | | the certification envelope the word "Rejected" and shall not |
| 17 | | cast or count the ballot. |
| 18 | | In addition to the voter's signatures not matching, a vote |
| 19 | | by mail ballot may be rejected by the election judge or |
| 20 | | official: |
| 21 | | (1) if the ballot envelope is open or has been opened |
| 22 | | and resealed; |
| 23 | | (2) if the voter has already cast an early or grace |
| 24 | | period ballot; |
| 25 | | (3) if the voter voted in person on election day or the |
| 26 | | voter is not a duly registered voter in the precinct; or |
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| 1 | | (4) on any other basis set forth in this Code. |
| 2 | | If the election judge or official determines that any of |
| 3 | | these reasons apply, the judge or official shall mark across |
| 4 | | the face of the certification envelope the word "Rejected" and |
| 5 | | shall not cast or count the ballot. |
| 6 | | (g-5) If a vote by mail ballot is rejected by the election |
| 7 | | judge or official for any reason, the election authority |
| 8 | | shall, within 2 days after the rejection but in all cases |
| 9 | | before the close of the period for counting provisional |
| 10 | | ballots, notify the vote by mail voter that his or her ballot |
| 11 | | was rejected. The notice shall inform the voter of the reason |
| 12 | | or reasons the ballot was rejected and shall state that the |
| 13 | | voter may submit to appear before the election authority, on |
| 14 | | or before the 14th day after the election, to show cause as to |
| 15 | | why the ballot should not be rejected. The voter may present |
| 16 | | evidence to the election authority supporting his or her |
| 17 | | contention that the ballot should be counted. Evidence may be |
| 18 | | submitted in person, by mail, or electronically by email. If a |
| 19 | | ballot is rejected based on the voter's signatures not |
| 20 | | matching, an affidavit or statement affirming the voter signed |
| 21 | | the certification envelope shall be sufficient evidence, and |
| 22 | | the election authority shall not require the affidavit or |
| 23 | | statement to be notarized. The election authority shall |
| 24 | | appoint a panel of 3 election judges to review the contested |
| 25 | | ballot, application, and certification envelope, as well as |
| 26 | | any evidence submitted by the vote by mail voter. No more than |
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| 1 | | 2 election judges on the reviewing panel shall be of the same |
| 2 | | political party. The reviewing panel of election judges shall |
| 3 | | make a final determination as to the validity of the contested |
| 4 | | vote by mail ballot. The judges' determination shall not be |
| 5 | | reviewable either administratively or judicially. |
| 6 | | A vote by mail ballot subject to this subsection that is |
| 7 | | determined to be valid shall be counted before the close of the |
| 8 | | period for counting provisional ballots. |
| 9 | | If a vote by mail ballot is rejected for any reason, the |
| 10 | | election authority shall, within one day after the rejection, |
| 11 | | transmit to the State Board of Elections by electronic means |
| 12 | | the voter's name, street address, email address, and precinct, |
| 13 | | ward, township, and district numbers, as the case may be. If a |
| 14 | | rejected vote by mail ballot is determined to be valid, the |
| 15 | | election authority shall, within one day after the |
| 16 | | determination, remove the name of the voter from the list |
| 17 | | transmitted to the State Board of Elections. The State Board |
| 18 | | of Elections shall maintain the names and information in an |
| 19 | | electronic format on its website accessible to State and local |
| 20 | | political committees. |
| 21 | | Upon request by the State or local political committee, |
| 22 | | each election authority shall, within one day after the |
| 23 | | request, provide the following information about all rejected |
| 24 | | vote by mail ballots: voter's name, street address, email |
| 25 | | address, and precinct, ward, township, and district numbers, |
| 26 | | as the case may be. |
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| 1 | | (g-10) All vote by mail ballots determined to be valid |
| 2 | | shall be added to the vote totals for the precincts for which |
| 3 | | they were cast in the order in which the ballots were opened. |
| 4 | | (h) Each political party, candidate, and qualified civic |
| 5 | | organization shall be entitled to have present one pollwatcher |
| 6 | | for each panel of election judges therein assigned. |
| 7 | | (Source: P.A. 102-1126, eff. 2-10-23; 103-467, eff. 8-4-23; |
| 8 | | revised 6-24-25.) |
| 9 | | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8) |
| 10 | | Sec. 20-8. Time and place of counting ballots. |
| 11 | | (a) (Blank.) |
| 12 | | (b) Each vote by mail voter's ballot returned to an |
| 13 | | election authority, by any means authorized by this Article, |
| 14 | | and received by that election authority may be processed by |
| 15 | | the election authority beginning on the day it is received by |
| 16 | | the election authority in the central ballot counting location |
| 17 | | of the election authority, but the results of the processing |
| 18 | | may not be counted until the day of the election after 7:00 |
| 19 | | p.m., except as provided in subsections (g) and (g-5). |
| 20 | | (c) Each vote by mail voter's ballot that is mailed to an |
| 21 | | election authority and postmarked no later than election day, |
| 22 | | but that is received by the election authority after the polls |
| 23 | | close on election day and before the close of the period for |
| 24 | | counting provisional ballots cast at that election, shall be |
| 25 | | endorsed by the receiving authority with the day and hour of |
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| 1 | | receipt and shall be counted at the central ballot counting |
| 2 | | location of the election authority during the period for |
| 3 | | counting provisional ballots. |
| 4 | | Each vote by mail voter's ballot that is mailed to an |
| 5 | | election authority absent a postmark or a barcode usable with |
| 6 | | an intelligent mail barcode tracking system, but that is |
| 7 | | received by the election authority after the polls close on |
| 8 | | election day and before the close of the period for counting |
| 9 | | provisional ballots cast at that election, shall be endorsed |
| 10 | | by the receiving authority with the day and hour of receipt, |
| 11 | | opened to inspect the date inserted on the certification, and, |
| 12 | | if the certification date is election day or earlier and the |
| 13 | | ballot is otherwise found to be valid under the requirements |
| 14 | | of this Section, counted at the central ballot counting |
| 15 | | location of the election authority during the period for |
| 16 | | counting provisional ballots. Absent a date on the |
| 17 | | certification, the ballot shall not be counted. |
| 18 | | If an election authority is using an intelligent mail |
| 19 | | barcode tracking system, a ballot that is mailed to an |
| 20 | | election authority absent a postmark may be counted if the |
| 21 | | intelligent mail barcode tracking system verifies the envelope |
| 22 | | was mailed no later than election day. |
| 23 | | (d) Special write-in vote by mail voter's blank ballots |
| 24 | | returned to an election authority, by any means authorized by |
| 25 | | this Article, and received by the election authority at any |
| 26 | | time before the closing of the polls on election day shall be |
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| 1 | | endorsed by the receiving election authority with the day and |
| 2 | | hour of receipt and shall be counted at the central ballot |
| 3 | | counting location of the election authority during the same |
| 4 | | period provided for counting vote by mail voters' ballots |
| 5 | | under subsections (b), (g), and (g-5). Special write-in vote |
| 6 | | by mail voter's blank ballot that are mailed to an election |
| 7 | | authority and postmarked no later than election day, but that |
| 8 | | are received by the election authority after the polls close |
| 9 | | on election day and before the closing of the period for |
| 10 | | counting provisional ballots cast at that election, shall be |
| 11 | | endorsed by the receiving authority with the day and hour of |
| 12 | | receipt and shall be counted at the central ballot counting |
| 13 | | location of the election authority during the same periods |
| 14 | | provided for counting vote by mail voters' ballots under |
| 15 | | subsection (c). |
| 16 | | (e) Except as otherwise provided in this Section, vote by |
| 17 | | mail voters' ballots and special write-in vote by mail voter's |
| 18 | | blank ballots received by the election authority after the |
| 19 | | closing of the polls on the day of election shall be endorsed |
| 20 | | by the person receiving the ballots with the day and hour of |
| 21 | | receipt and shall be safely kept unopened by the election |
| 22 | | authority for the period of time required for the preservation |
| 23 | | of ballots used at the election, and shall then, without being |
| 24 | | opened, be destroyed in like manner as the used ballots of that |
| 25 | | election. |
| 26 | | (f) Counting required under this Section to begin on |
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| 1 | | election day after the closing of the polls shall commence no |
| 2 | | later than 8:00 p.m. and shall be conducted by a panel or |
| 3 | | panels of election judges appointed in the manner provided by |
| 4 | | law. The counting shall continue until all vote by mail |
| 5 | | voters' ballots and special write-in vote by mail voter's |
| 6 | | blank ballots required to be counted on election day have been |
| 7 | | counted. |
| 8 | | (g) The procedures set forth in Articles 17 and 18 of this |
| 9 | | Code shall apply to all ballots counted under this Section. In |
| 10 | | addition, within 2 days after a ballot subject to this Article |
| 11 | | is received, but in all cases before the close of the period |
| 12 | | for counting provisional ballots, the election judge or |
| 13 | | official shall compare the voter's signature on the |
| 14 | | certification envelope of that ballot with the signature of |
| 15 | | the voter on file in the office of the election authority. If |
| 16 | | the election judge or official determines that the 2 |
| 17 | | signatures match, and that the voter is otherwise qualified to |
| 18 | | cast a ballot under this Article, the election authority shall |
| 19 | | cast and count the ballot on election day or the day the ballot |
| 20 | | is determined to be valid, whichever is later, adding the |
| 21 | | results to the precinct in which the voter is registered. If |
| 22 | | the election judge or official determines that the signatures |
| 23 | | do not match, or that the voter is not qualified to cast a |
| 24 | | ballot under this Article, then without opening the |
| 25 | | certification envelope, the judge or official shall mark |
| 26 | | across the face of the certification envelope the word |
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| 1 | | "Rejected" and shall not cast or count the ballot. |
| 2 | | In addition to the voter's signatures not matching, a |
| 3 | | ballot subject to this Article may be rejected by the election |
| 4 | | judge or official: |
| 5 | | (1) if the ballot envelope is open or has been opened |
| 6 | | and resealed; |
| 7 | | (2) if the voter has already cast an early or grace |
| 8 | | period ballot; |
| 9 | | (3) if the voter voted in person on election day or the |
| 10 | | voter is not a duly registered voter in the precinct; or |
| 11 | | (4) on any other basis set forth in this Code. |
| 12 | | If the election judge or official determines that any of |
| 13 | | these reasons apply, the judge or official shall mark across |
| 14 | | the face of the certification envelope the word "Rejected" and |
| 15 | | shall not cast or count the ballot. |
| 16 | | (g-5) If a ballot subject to this Article is rejected by |
| 17 | | the election judge or official for any reason, the election |
| 18 | | authority shall, within 2 days after the rejection but in all |
| 19 | | cases before the close of the period for counting provisional |
| 20 | | ballots, notify the voter that his or her ballot was rejected. |
| 21 | | The notice shall inform the voter of the reason or reasons the |
| 22 | | ballot was rejected and shall state that the voter may submit |
| 23 | | to appear before the election authority, on or before the 14th |
| 24 | | day after the election, to show cause as to why the ballot |
| 25 | | should not be rejected. The voter may present evidence to the |
| 26 | | election authority supporting his or her contention that the |
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| 1 | | ballot should be counted. Evidence may be submitted in person, |
| 2 | | by mail, or electronically by email. If a ballot is rejected |
| 3 | | based on the voter's signatures not matching, an affidavit or |
| 4 | | statement affirming the voter signed the certification |
| 5 | | envelope shall be sufficient evidence, and the election |
| 6 | | authority shall not require the affidavit or statement to be |
| 7 | | notarized. The election authority shall appoint a panel of 3 |
| 8 | | election judges to review the contested ballot, application, |
| 9 | | and certification envelope, as well as any evidence submitted |
| 10 | | by the vote by mail voter. No more than 2 election judges on |
| 11 | | the reviewing panel shall be of the same political party. The |
| 12 | | reviewing panel of election judges shall make a final |
| 13 | | determination as to the validity of the contested ballot. The |
| 14 | | judges' determination shall not be reviewable either |
| 15 | | administratively or judicially. |
| 16 | | A ballot subject to this subsection that is determined to |
| 17 | | be valid shall be counted before the close of the period for |
| 18 | | counting provisional ballots. |
| 19 | | (g-10) All ballots determined to be valid shall be added |
| 20 | | to the vote totals for the precincts for which they were cast |
| 21 | | in the order in which the ballots were opened. |
| 22 | | (h) Each political party, candidate, and qualified civic |
| 23 | | organization shall be entitled to have present one pollwatcher |
| 24 | | for each panel of election judges therein assigned. |
| 25 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.) |
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| 1 | | Article 40. |
| 2 | | Section 40-5. The Election Code is amended by changing |
| 3 | | Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 and by adding |
| 4 | | Section 1A-16.3 as follows: |
| 5 | | (10 ILCS 5/1A-16.1) |
| 6 | | Sec. 1A-16.1. Automatic voter registration; Secretary of |
| 7 | | State. |
| 8 | | (a) The Office of the Secretary of State and the State |
| 9 | | Board of Elections, pursuant to an interagency contract and |
| 10 | | jointly adopted rules, shall establish an automatic voter |
| 11 | | registration program that satisfies the requirements of this |
| 12 | | Section and other applicable law. |
| 13 | | (b) If, as part of an application, an application for |
| 14 | | renewal, or a change of address form, or a recertification |
| 15 | | form for a driver's license or a State identification card |
| 16 | | issued by the Office of the Secretary of State, an applicant |
| 17 | | presents documentation that establishes that the applicant is |
| 18 | | a United States citizen, as described in subsection (g), and |
| 19 | | is of age to register to vote or if the information provided to |
| 20 | | the Office of the Secretary of State under subsection (c) |
| 21 | | indicates that the applicant is currently registered to vote |
| 22 | | in Illinois and, upon reviewing the documents and information |
| 23 | | submitted by the applicant, the Office of the Secretary of |
| 24 | | State determines that the name or residence address |
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| 1 | | documentation submitted by the applicant differs from the |
| 2 | | information regarding the applicant provided under subsection |
| 3 | | (c) meets the requirements of the federal REAL ID Act of 2005, |
| 4 | | then that application, unless the applicant declines in |
| 5 | | accordance with subsection (g) of Section 1A-16.7 shall serve |
| 6 | | as a dual-purpose application. The dual-purpose application |
| 7 | | shall: |
| 8 | | (1) also serve as an application to register to vote |
| 9 | | in Illinois; |
| 10 | | (2) allow an applicant to change the applicant's his |
| 11 | | or her registered residence address or name as it appears |
| 12 | | on the voter registration rolls; |
| 13 | | (3) in a single affirmation, including the affirmation |
| 14 | | required for a driver's license or State identification |
| 15 | | card, allow the applicant to affirm, under penalty of |
| 16 | | perjury, to the truth and correctness of the information |
| 17 | | submitted in the dual-purpose application that is |
| 18 | | necessary to assess the applicant's eligibility to |
| 19 | | register to vote or to change the applicant's registered |
| 20 | | residence address or name as it appears on the voter |
| 21 | | registration rolls provide the applicant with an |
| 22 | | opportunity to affirmatively decline to register to vote |
| 23 | | or to change his or her registered residence address or |
| 24 | | name by providing a check box on the application form |
| 25 | | without requiring the applicant to state the reason; and |
| 26 | | (4) allow the applicant to notify the Office of the |
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| 1 | | Secretary of State of the applicant's preferred language |
| 2 | | unless the applicant declines to register to vote or |
| 3 | | change his or her registered residence address or name, |
| 4 | | require the applicant to attest, by signature under |
| 5 | | penalty of perjury as described in subsection (e) of this |
| 6 | | Section, to meeting the qualifications to register to vote |
| 7 | | in Illinois at his or her residence address as indicated |
| 8 | | on his or her driver's license or identification card |
| 9 | | dual-purpose application. |
| 10 | | The Office of the Secretary of State shall record the type |
| 11 | | of documents presented by the applicant that establishes the |
| 12 | | applicant is a United States citizen as described in |
| 13 | | subsection (g) and shall enter United States citizenship in a |
| 14 | | designated field. Based on the entry of United States |
| 15 | | citizenship in the designated field, the Office of the |
| 16 | | Secretary of State shall initiate a dual-purpose application |
| 17 | | through an automated process that is not subject to the |
| 18 | | discretion of individual employees of the Office of the |
| 19 | | Secretary of State. |
| 20 | | (b-5) If, as part of an application, an application for |
| 21 | | renewal, or a change of address form, or a recertification |
| 22 | | form for a driver's license or a State identification card |
| 23 | | issued by the Office of the Secretary of State, other than an |
| 24 | | application or form that pertains to a standard driver's |
| 25 | | license or identification card for an applicant who does not |
| 26 | | have and is not eligible for and does not list a social |
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| 1 | | security number, an applicant presents documentation that |
| 2 | | neither establishes that the applicant is a United States |
| 3 | | citizen nor establishes that the applicant is not a United |
| 4 | | States citizen and the information provided to the Office of |
| 5 | | the Secretary of State under subsection (c) does not indicate |
| 6 | | that the applicant is currently registered to vote in Illinois |
| 7 | | for the applicant, does not meet the requirements of the |
| 8 | | federal REAL ID Act of 2005, then that application shall serve |
| 9 | | as a dual-purpose application that, . The dual-purpose |
| 10 | | application shall: (1) also serve as an application to |
| 11 | | register to vote in Illinois; (2) allow an applicant to change |
| 12 | | his or her registered residence address or name as it appears |
| 13 | | on the voter registration rolls; and (3) if the applicant |
| 14 | | chooses to register to vote, shall also serve as an |
| 15 | | application to register to vote in Illinois. If the applicant |
| 16 | | chooses to register to vote, the applicant shall be required |
| 17 | | or to change his or her registered residence address or name, |
| 18 | | then require the applicant to attest, by a separate signature |
| 19 | | under penalty of perjury, to meeting the qualifications to |
| 20 | | register to vote in Illinois at the applicant's his or her |
| 21 | | residence address as indicated on the his or her dual-purpose |
| 22 | | application. |
| 23 | | The dual-purpose application shall allow the applicant to |
| 24 | | notify the Office of the Secretary of State of the applicant's |
| 25 | | preferred language. |
| 26 | | (b-8) If an applicant presents to the Secretary of State |
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| 1 | | documentation that establishes the applicant is not a United |
| 2 | | States citizen, no application submitted by that applicant |
| 3 | | shall serve as a dual-purpose application under this Section. |
| 4 | | (b-10) Before asking any applicant described in subsection |
| 5 | | (b) to provide the written affirmation described in that |
| 6 | | subsection, the The Office of the Secretary of State shall |
| 7 | | clearly and conspicuously inform each applicant in writing: |
| 8 | | (i) of the qualifications to register to vote in Illinois; , |
| 9 | | (ii) of the penalties provided by law for submission of a false |
| 10 | | voter registration application, including the |
| 11 | | immigration-related consequences of incorrectly claiming |
| 12 | | United States citizenship and of the applicant's opportunity |
| 13 | | not to proceed in order to avoid the penalties; and , (iii) that |
| 14 | | the , unless the applicant declines to register to vote or |
| 15 | | update his or her voter registration, his or her dual-purpose |
| 16 | | application shall also serve as both an application to |
| 17 | | register to vote and his or her attestation that he or she |
| 18 | | meets the eligibility requirements for voter registration, and |
| 19 | | that the his or her application to register to vote or update |
| 20 | | voter his or her registration will be transmitted to the State |
| 21 | | Board of Elections for the purpose of registering the person |
| 22 | | to vote at the residence address to be indicated on the |
| 23 | | applicant's his or her driver's license or identification |
| 24 | | card, and (iv) that declining to register to vote is |
| 25 | | confidential and will not affect any services the person may |
| 26 | | be seeking from the Office of the Secretary of State. The |
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| 1 | | Office of the Secretary of State may provide additional |
| 2 | | instructions specific to applicants under subsection (b). |
| 3 | | (b-15) Before asking any applicant described in subsection |
| 4 | | (b-5) to provide the attestation described in that subsection, |
| 5 | | the Office of the Secretary of State shall clearly and |
| 6 | | conspicuously inform each applicant in writing: (i) of the |
| 7 | | qualifications to register to vote in Illinois; (ii) of the |
| 8 | | penalties provided by law for submission of a false voter |
| 9 | | registration application, including the immigration-related |
| 10 | | consequences of incorrectly claiming United States citizenship |
| 11 | | and of the applicant's opportunity to withdraw an application |
| 12 | | to avoid the penalties; (iii) that the application shall also |
| 13 | | serve as an application to register to vote and that the |
| 14 | | application to register to vote or update voter registration |
| 15 | | will be transmitted to the State Board of Elections for the |
| 16 | | purpose of registering the person to vote at the residence |
| 17 | | address to be indicated on the applicant's driver's license or |
| 18 | | identification card, unless the applicant withdraws the |
| 19 | | application or declines to register to vote or update the |
| 20 | | applicant's voter registration; and (iv) that declining to |
| 21 | | register to vote or withdrawing a voter application is |
| 22 | | confidential and will not affect any services the person may |
| 23 | | be seeking from the Office of the Secretary of State. The |
| 24 | | Office of the Secretary of State may provide additional |
| 25 | | instructions specific to applicants under subsection (b-5). |
| 26 | | (c) The Office of the Secretary of State shall review |
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| 1 | | information provided to the Office of the Secretary of State |
| 2 | | by the State Board of Elections to determine whether each |
| 3 | | inform each applicant for a driver's license or permit or a |
| 4 | | State identification card issued by the Office of the |
| 5 | | Secretary of State, other than an application or form that |
| 6 | | pertains to a standard driver's license or identification card |
| 7 | | and does not list a social security number for the applicant, |
| 8 | | whether the applicant under subsections (b) and (b-5) is |
| 9 | | currently registered to vote in Illinois and, if registered, |
| 10 | | at what address, and shall inform each applicant described in |
| 11 | | subsection (b-5) for a driver's license or permit or State |
| 12 | | identification card issued by the Office of the Secretary of |
| 13 | | State whether the applicant is currently registered and, if |
| 14 | | registered, at what address. |
| 15 | | (d) The Office of the Secretary of State shall not require |
| 16 | | an applicant for a driver's license or State identification |
| 17 | | card to provide duplicate identification or information in |
| 18 | | order to complete an application to register to vote or change |
| 19 | | his or her registered residence address or name. Before |
| 20 | | transmitting any personal information about an applicant to |
| 21 | | the State Board of Elections, the Office of the Secretary of |
| 22 | | State shall review its records of the identification documents |
| 23 | | the applicant provided in order to complete the application |
| 24 | | for a driver's license or State identification card to confirm |
| 25 | | that nothing in those documents indicates that the applicant |
| 26 | | does not satisfy the qualifications to register to vote in |
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| 1 | | Illinois at his or her residence address. If the applicant |
| 2 | | provides the Office of the Secretary of State with an address |
| 3 | | designated by the Attorney General as a substitute mailing |
| 4 | | address under Section 15 of the Address Confidentiality for |
| 5 | | Victims of Domestic Violence, Sexual Assault, Human |
| 6 | | Trafficking, or Stalking Act or is a judicial officer of peace |
| 7 | | officer who provides the Office of the Secretary of State with |
| 8 | | a work address instead of a residence address, as authorized |
| 9 | | by subsection (a) of Section 6-106 of the Illinois Vehicle |
| 10 | | Code, the applicant shall not be offered voter registration by |
| 11 | | the Office of the Secretary of State. |
| 12 | | (e) A completed, signed application for (i) a driver's |
| 13 | | license or permit or a State identification card issued by the |
| 14 | | Office of the Secretary of State that includes the |
| 15 | | presentation of documentation that establishes that the |
| 16 | | applicant is a United States citizen and is of age to register |
| 17 | | to vote or for which the information provided to the Office of |
| 18 | | the Secretary of State under subsection (c) indicates that the |
| 19 | | applicant is currently registered to vote in Illinois , that |
| 20 | | meets the requirements of the federal REAL ID Act of 2005; or |
| 21 | | (ii) a completed application under subsection (b-5) of this |
| 22 | | Section with a separate signature attesting the applicant |
| 23 | | meets the qualifications to register to vote in Illinois at |
| 24 | | his or her residence address as indicated on his or her |
| 25 | | application shall constitute a signed application to register |
| 26 | | to vote in Illinois at the residence address indicated in the |
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| 1 | | application unless the person affirmatively declined in the |
| 2 | | application to register to vote or to change his or her |
| 3 | | registered residence address or name. If the identification |
| 4 | | documents provided to complete the dual-purpose application |
| 5 | | indicate that the applicant he or she does not satisfy the |
| 6 | | qualifications to register to vote in Illinois at the |
| 7 | | specified his or her residence address, the application shall |
| 8 | | be marked as incomplete. |
| 9 | | (f) For each completed and signed application that |
| 10 | | constitutes an application to register to vote in Illinois or |
| 11 | | provides for a change in the applicant's registered residence |
| 12 | | address or name, the Office of the Secretary of State shall |
| 13 | | electronically transmit to the State Board of Elections |
| 14 | | personal information needed to complete the person's |
| 15 | | registration to vote in Illinois at the specified his or her |
| 16 | | residence address, including the applicant's choice language |
| 17 | | preference as indicated by the applicant or as otherwise |
| 18 | | collected by the Office of the Secretary of State during the |
| 19 | | permitting, licensing, or identification card transaction. The |
| 20 | | application to register to vote shall be processed in |
| 21 | | accordance with Section 1A-16.7. |
| 22 | | (g) Documentation that establishes that the applicant is a |
| 23 | | United States citizen shall include: |
| 24 | | (1) a valid, unexpired United States passport or |
| 25 | | passport card or a United States passport or passport card |
| 26 | | that has been expired for no more than 2 years; |
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| 1 | | (2) a certified copy of a birth certificate filed with |
| 2 | | the Division of Vital Records or an equivalent agency in |
| 3 | | the individual's state of birth; |
| 4 | | (3) a Consular Report of Birth Abroad issued by the |
| 5 | | United States Department of State, Form FS-240, DS-1350, |
| 6 | | or FS-545; and |
| 7 | | (4) a Certificate of Citizenship issued by the United |
| 8 | | States Department of Homeland Security, Form N-560 or form |
| 9 | | N-561. If the federal REAL ID Act of 2005 is repealed, |
| 10 | | abrogated, superseded, or otherwise no longer in effect, |
| 11 | | then the State Board of Elections shall establish criteria |
| 12 | | for determining reliable personal information indicating |
| 13 | | citizenship status and shall adopt rules as necessary for |
| 14 | | the Secretary of State to continue processing dual-purpose |
| 15 | | applications under this Section. |
| 16 | | (h) As used in this Section, "dual-purpose application" |
| 17 | | means an application, an application for renewal or , a change |
| 18 | | of address form, or a recertification form for driver's |
| 19 | | license or permit or a State identification card offered by |
| 20 | | the Secretary of State, other than an application or form that |
| 21 | | pertains to a standard driver's license or identification card |
| 22 | | for an applicant who does not have and is not eligible for, a |
| 23 | | social security number and does not list a social security |
| 24 | | number for the applicant, that also serves as an application |
| 25 | | to register to vote in Illinois. "Dual-purpose application" |
| 26 | | does not mean an application under subsection (c) of Section |
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| 1 | | 6-109 of the Illinois Vehicle Code. |
| 2 | | (i) The changes made to this Section by this amendatory |
| 3 | | Act of the 104th General Assembly shall be implemented no |
| 4 | | later than January 1, 2028. |
| 5 | | (Source: P.A. 103-210, eff. 7-1-24; 103-605, eff. 7-1-24.) |
| 6 | | (10 ILCS 5/1A-16.2) |
| 7 | | Sec. 1A-16.2. Automatic voter registration; designated |
| 8 | | automatic voter registration agencies. |
| 9 | | (a) Each designated automatic voter registration agency |
| 10 | | shall, pursuant to an interagency contract and jointly adopted |
| 11 | | jointly-adopted rules with the State Board of Elections, agree |
| 12 | | to participate in an automatic voter registration program |
| 13 | | established by the State Board of Elections that satisfies the |
| 14 | | requirements of this Section and other applicable law. If the |
| 15 | | designated automatic voter registration agency provides |
| 16 | | applications, applications for renewal, change of address |
| 17 | | forms, filing, or recertification forms to individuals for |
| 18 | | services offered by another agency, then the State Board of |
| 19 | | Elections and the designated automatic voter agency shall |
| 20 | | consult with the other agency. The State Board of Elections |
| 21 | | shall consider the current technological capabilities of the |
| 22 | | designated voter registration agency when drafting interagency |
| 23 | | contracts and jointly adopted jointly-adopted rules. The State |
| 24 | | Board of Elections and the designated automatic voter |
| 25 | | registration agency shall amend these contracts and rules as |
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| 1 | | the technological capabilities of the designated voter |
| 2 | | registration agencies improve. |
| 3 | | (b) As provided in subsection (a) of this Section, when |
| 4 | | each designated automatic voter registration agency provides |
| 5 | | that collects or cross-references reliable personal |
| 6 | | information indicating citizenship status may provide that an |
| 7 | | application or form for a license, permit, program, or service |
| 8 | | described in subsection (a) that, as part of the application |
| 9 | | or form, the applicant presents documentation that establishes |
| 10 | | that the applicant is a United States citizen as described in |
| 11 | | subsection (g) of Section 1A-16.1, the application or form |
| 12 | | shall serve as a dual-purpose application, unless the |
| 13 | | applicant declines in accordance with subsection (g) of |
| 14 | | Section 1A-16.7. The dual-purpose application shall: |
| 15 | | (1) also serve as an application to register to vote |
| 16 | | in Illinois; |
| 17 | | (2) allow an applicant to change the applicant's his |
| 18 | | or her registered residence address or name as it appears |
| 19 | | on the voter registration rolls; |
| 20 | | (3) in a single affirmation including the affirmation |
| 21 | | required for the designated automatic voter registration |
| 22 | | agency's application, allow the applicant to affirm, under |
| 23 | | penalty of perjury, to the truth and correctness of |
| 24 | | information submitted in the dual-purpose application that |
| 25 | | is necessary to assess the applicant's eligibility to |
| 26 | | register to vote or to change the applicant's registered |
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| 1 | | residence address or name as it appears on the voter |
| 2 | | registration rolls provide the applicant with an |
| 3 | | opportunity to affirmatively decline to register to vote |
| 4 | | or change his or her registered residence address or name |
| 5 | | by providing a check box on the application form without |
| 6 | | requiring the applicant to state the reason; and |
| 7 | | (4) allow the applicant to notify the agency of the |
| 8 | | applicant's preferred language unless the applicant |
| 9 | | declines to register to vote or to change his or her |
| 10 | | registered residence address or name, require the |
| 11 | | applicant to attest, by signature under penalty of |
| 12 | | perjury, to meeting the qualifications to register to vote |
| 13 | | in Illinois at his or her residence address as indicated |
| 14 | | on his or her dual-purpose application. |
| 15 | | The agency shall record the type of document presented by |
| 16 | | the applicant that establishes that the applicant is a United |
| 17 | | States citizen as described in subsection (g) of Section |
| 18 | | 1A-16.1. |
| 19 | | (c) As provided in subsection (a) of this Section, when |
| 20 | | each designated automatic voter registration agency provides |
| 21 | | that does not collect or cross-reference records containing |
| 22 | | reliable personal information indicating citizenship status |
| 23 | | may provide that an application or , an application for |
| 24 | | renewal, a change of address form, or a recertification form |
| 25 | | for a license, permit, program, or service described in |
| 26 | | subsection (a) that, as part of the application or form, the |
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| 1 | | applicant presents documentation that neither establishes that |
| 2 | | the applicant is a United States citizen nor establishes that |
| 3 | | the applicant is not a United States citizen, the application |
| 4 | | or form shall serve as a dual-purpose application if the |
| 5 | | applicant chooses to register to vote. The dual-purpose |
| 6 | | application shall: |
| 7 | | (1) also serve as an application to register to vote |
| 8 | | in Illinois; |
| 9 | | (2) allow an applicant to change his or her registered |
| 10 | | residence address or name as it appears on the voter |
| 11 | | registration rolls; and |
| 12 | | (3) if the applicant chooses to register to vote or to |
| 13 | | change the applicant's his or her registered residence |
| 14 | | address or name, then require the applicant to attest, by |
| 15 | | a separate signature under penalty of perjury, to meeting |
| 16 | | the qualifications to register to vote in Illinois at his |
| 17 | | or her residence address as indicated on his or her |
| 18 | | dual-purpose application; and . |
| 19 | | (4) allow the applicant to notify the agency of the |
| 20 | | applicant's preferred language. |
| 21 | | (c-1) If an applicant presents documentation to the |
| 22 | | designated automatic voter registration agency that |
| 23 | | establishes that the applicant is not a United States citizen |
| 24 | | or the applicant attests that the applicant is not a United |
| 25 | | States citizen, no application submitted by that applicant |
| 26 | | shall serve as a dual-purpose application under this Section. |
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| 1 | | (c-5) Before asking any applicant described in subsection |
| 2 | | (b) of this Section to provide the affirmation described in |
| 3 | | that subsection, the The designated automatic voter |
| 4 | | registration agency shall clearly and conspicuously inform |
| 5 | | each applicant in writing: (i) of the qualifications to |
| 6 | | register to vote in Illinois; , (ii) of the penalties provided |
| 7 | | by law for submission of a false voter registration |
| 8 | | application, including the immigration-related consequences of |
| 9 | | incorrectly claiming United States citizenship and of the |
| 10 | | applicant's opportunity not to proceed in order to avoid the |
| 11 | | penalties; (iii) that the application shall serve as an |
| 12 | | application to register to vote or change the applicant's |
| 13 | | voter registration, and that the application , unless the |
| 14 | | applicant declines to register to vote or update his or her |
| 15 | | voter registration, his or her application shall also serve as |
| 16 | | both an application to register to vote and his or her |
| 17 | | attestation that he or she meets the eligibility requirements |
| 18 | | for voter registration, and that his or her application to |
| 19 | | register to vote or update his or her registration will be |
| 20 | | transmitted to the State Board of Elections for the purpose of |
| 21 | | registering the person to vote at the residence address to be |
| 22 | | indicated on the dual-purpose application; , (iv) that |
| 23 | | information identifying the agency at which he or she applied |
| 24 | | to register to vote is confidential; , (v) that declining to |
| 25 | | register to vote is confidential and will not affect any |
| 26 | | services the person may be seeking from the agency, and (v) |
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| 1 | | (vi) any additional information needed in order to comply with |
| 2 | | Section 7 of the federal National Voter Registration Act of |
| 3 | | 1993. The designated automatic voter registration agency may |
| 4 | | provide additional instructions specific to applicants under |
| 5 | | subsection (b). |
| 6 | | (c-10) Before asking any applicant described in subsection |
| 7 | | (c) to provide the attestation described in that subsection, |
| 8 | | the designated automatic voter registration agency shall |
| 9 | | clearly and conspicuously inform each applicant in writing: |
| 10 | | (i) of the qualifications to register to vote in Illinois; |
| 11 | | (ii) of the penalties provided by law for submission of a false |
| 12 | | voter registration application, including the |
| 13 | | immigration-related consequences of incorrectly claiming |
| 14 | | United States citizenship, and of the applicant's opportunity |
| 15 | | to withdraw an application to avoid the penalties; (iii) that |
| 16 | | the application shall also serve as an application to register |
| 17 | | to vote or update the applicant's voter registration and that |
| 18 | | the application to register to vote or update voter |
| 19 | | registration will be transmitted to the State Board of |
| 20 | | Elections for the purpose of registering the person to vote at |
| 21 | | the residence address to be indicated on the dual-purpose |
| 22 | | application, unless the applicant withdraws the application or |
| 23 | | declines to register to vote or update the applicant's voter |
| 24 | | registration; (iv) that information identifying the agency at |
| 25 | | which the applicant applied to register to vote is |
| 26 | | confidential; (v) that withdrawing a voter registration |
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| 1 | | application or otherwise declining to register to vote is |
| 2 | | confidential and will not affect any services the person may |
| 3 | | be seeking from the agency; and (vi) any additional |
| 4 | | information needed in order to comply with Section 7 of the |
| 5 | | federal National Voter Registration Act of 1993. The |
| 6 | | designated automatic voter registration agency may provide |
| 7 | | additional instructions specific to applicants under |
| 8 | | subsection (c). |
| 9 | | (d) The designated automatic voter registration agency |
| 10 | | shall review information provided to the agency by the State |
| 11 | | Board of Elections to inform each applicant covered by |
| 12 | | subsection (c) whether the applicant is currently registered |
| 13 | | to vote in Illinois and, if registered, at what address. |
| 14 | | (e) The designated automatic voter registration agency |
| 15 | | shall not require an applicant for a dual-purpose application |
| 16 | | to provide duplicate identification or information in order to |
| 17 | | complete an application to register to vote or change the |
| 18 | | applicant's his or her registered residence address or name. |
| 19 | | Before transmitting any personal information about an |
| 20 | | applicant to the State Board of Elections, the agency shall |
| 21 | | review its records of the identification documents the |
| 22 | | applicant provided or that the agency cross-references in |
| 23 | | order to complete the dual-purpose application, to confirm |
| 24 | | that nothing in those documents indicates that the applicant |
| 25 | | does not satisfy the qualifications to register to vote in |
| 26 | | Illinois at the applicant's his or her residence address. A |
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| 1 | | completed and signed dual-purpose application, including a |
| 2 | | completed application under subsection (c) of this Section |
| 3 | | with a separate signature attesting that the applicant meets |
| 4 | | the qualifications to register to vote in Illinois at the his |
| 5 | | or her residence address as indicated on the his or her |
| 6 | | application, shall constitute an application to register to |
| 7 | | vote in Illinois at the residence address indicated in the |
| 8 | | application unless the person affirmatively declined in the |
| 9 | | application to register to vote or to change his or her |
| 10 | | registered residence address or name. If the identification |
| 11 | | documents provided to complete the dual-purpose application, |
| 12 | | or that the agency cross-references, indicate that the |
| 13 | | applicant he or she does not satisfy the qualifications to |
| 14 | | register to vote in Illinois at his or her residence address, |
| 15 | | the application shall be marked as incomplete. If the |
| 16 | | applicant provides the designated automatic voter registration |
| 17 | | agency with an address designated by the Attorney General as a |
| 18 | | substitute mailing address under Section 15 of the Address |
| 19 | | Confidentiality for Victims of Domestic Violence, Sexual |
| 20 | | Assault, Human Trafficking, or Stalking Act, or is a judicial |
| 21 | | officer or peace officer who provides the designated automatic |
| 22 | | voter registration agency with a work address instead of a |
| 23 | | residence address, the applicant shall not be offered voter |
| 24 | | registration by the designated automatic voter registration |
| 25 | | agency. |
| 26 | | (f) For each completed and signed dual-purpose application |
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| 1 | | that constitutes an application to register to vote in |
| 2 | | Illinois or provides for a change in the applicant's |
| 3 | | registered residence address or name, the designated automatic |
| 4 | | voter registration agency shall electronically transmit to the |
| 5 | | State Board of Elections personal information needed to |
| 6 | | complete the person's registration to vote in Illinois at his |
| 7 | | or her residence address, including the applicant's language |
| 8 | | preference as indicated by the applicant or as otherwise |
| 9 | | collected by the designated automatic voter registration |
| 10 | | agency in the course of receiving applications and other forms |
| 11 | | regarding licenses, permits, programs, and services offered by |
| 12 | | the designated automatic voter registration agency. The |
| 13 | | application to register to vote shall be processed in |
| 14 | | accordance with Section 1A-16.7. |
| 15 | | (g) As used in this Section: |
| 16 | | "Designated automatic voter registration agency" or |
| 17 | | "agency" means the divisions of Family and Community |
| 18 | | Services and Rehabilitation Services of the Department of |
| 19 | | Human Services, the Department of Employment Security, the |
| 20 | | Department of Financial and Professional Regulation, the |
| 21 | | Department of Natural Resources, or an agency of the |
| 22 | | local, tribal, State, or federal government that has been |
| 23 | | determined by the State Board of Elections to have access |
| 24 | | to reliable personal information and has entered into an |
| 25 | | interagency contract with the State Board of Elections to |
| 26 | | participate in the automatic voter registration program |
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| 1 | | under this Section. |
| 2 | | "Dual-purpose application" means an application, an |
| 3 | | application for renewal, a change of address form, or a |
| 4 | | recertification form for a license, permit, program, or |
| 5 | | service offered by a designated automatic voter |
| 6 | | registration agency that also serves as an application to |
| 7 | | register to vote in Illinois. |
| 8 | | "Reliable personal information" means information |
| 9 | | about individuals obtained from government sources that |
| 10 | | may be used to verify whether an individual is eligible to |
| 11 | | register to vote. |
| 12 | | (h) (Blank). This Section shall be implemented no later |
| 13 | | than July 1, 2019. |
| 14 | | (i) If an agency under this Section receives documentation |
| 15 | | that an applicant is a United States citizen, as described in |
| 16 | | subsection (g) of Section 1A-16.1 for more than one person |
| 17 | | listed on an application for a license, permit, program, or |
| 18 | | service, each person for whom the agency receives the |
| 19 | | documentation may be considered an applicant under this |
| 20 | | Section and the application may serve as a dual-purpose |
| 21 | | application for each person. |
| 22 | | (j) The changes made to this Section by this amendatory |
| 23 | | Act of the 104th General Assembly shall be implemented no |
| 24 | | later than January 1, 2028. |
| 25 | | (Source: P.A. 100-464, eff. 8-28-17.) |
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| 1 | | (10 ILCS 5/1A-16.3 new) |
| 2 | | Sec. 1A-16.3. Language assistance. |
| 3 | | (a) Every facility operated by the Driver Services |
| 4 | | Department of the Office of the Secretary of State and all |
| 5 | | facilities of a designated voter registration agency located |
| 6 | | in a political subdivision covered by Section 203 of the |
| 7 | | federal Voting Rights Act shall display and make plainly |
| 8 | | visible signage informing applicants about the type of |
| 9 | | language assistance available. The signage shall be in the |
| 10 | | covered languages applicable for the political subdivision. |
| 11 | | (b) Every facility operated by the Driver Services |
| 12 | | Department of the Office of the Secretary of State and all |
| 13 | | facilities of a designated voter registration agency located |
| 14 | | in a political subdivision covered by Section 203 of the |
| 15 | | federal Voting Rights Act shall make available, in the covered |
| 16 | | languages, all written materials and verbal communication |
| 17 | | regarding voter registration for the purpose of processing the |
| 18 | | applicant's dual-purpose application described in Sections |
| 19 | | 1A-16.1 and 1A-16.2. Every facility operated by the Driver |
| 20 | | Services Department of the Office of the Secretary of State |
| 21 | | and all facilities of a designated voter registration agency |
| 22 | | shall make available, in the 5 most common non-English |
| 23 | | languages in this State, all written materials and verbal |
| 24 | | communications regarding voter registration for the purpose of |
| 25 | | processing an applicant's dual-purpose application described |
| 26 | | in Sections 1A-16.1 and 1A-16.2. These materials shall include |
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| 1 | | the notices described in subsection (b-10) of Section 1A-16.1 |
| 2 | | and subsection (e) of Section 2-105 of the Illinois Vehicle |
| 3 | | Code, the affirmations described in paragraph (3) of |
| 4 | | subsection (b) of Section 1A-16.1 and paragraph (3) of |
| 5 | | subsection (b) of Section 1A-16.2, and the attestations |
| 6 | | described in subsection (b-5) of Section 1A-16.1 and paragraph |
| 7 | | (3) of subsection (c) of Section 1A-16.2. |
| 8 | | (c) In addition to the requirements under subsections (a) |
| 9 | | and (b), the Driver Services Department of the Office of the |
| 10 | | Secretary of State, as part of every transaction described in |
| 11 | | subsections (b) and (b-5) of Section 1A-16.1 completed through |
| 12 | | its website, and each designated automatic voter registration |
| 13 | | agency, as defined in subsection (g) of Section 1A-16.2, as |
| 14 | | part of every transaction described in subsections (b) and (c) |
| 15 | | of Section 1A-16.2 completed through its website, shall make |
| 16 | | available, in the covered languages required in any |
| 17 | | jurisdiction in this State by Section 203 of the federal |
| 18 | | Voting Rights Act and in the 5 most common non-English |
| 19 | | languages in this State, all information and questions |
| 20 | | provided to an applicant regarding voter registration for the |
| 21 | | purpose of processing the applicant's dual-purpose application |
| 22 | | as described in Sections 1A-16.1 and 1A-16.2. These materials |
| 23 | | shall include, but not be limited to, the notices described in |
| 24 | | subsection (b-10) of Section 1A-16.1 and subsection (e) of |
| 25 | | Section 2-105 of the Illinois Vehicle Code, the affirmations |
| 26 | | described in paragraph (3) of subsection (b) of Section |
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| 1 | | 1A-16.1 and paragraph (3) of subsection (b) of Section |
| 2 | | 1A-16.2, and the attestations described in subsection (b-5) of |
| 3 | | Section 1A-16.1 and paragraph (3) of subsection (c) of Section |
| 4 | | 1A-16.2. The Office of the Secretary of State shall determine |
| 5 | | the 5 most common non-English languages in this State by |
| 6 | | referring to the best available data from the United States |
| 7 | | Census Bureau or other sources that the Office of the |
| 8 | | Secretary of State considers relevant and reliable. |
| 9 | | (10 ILCS 5/1A-16.7) |
| 10 | | Sec. 1A-16.7. Automatic voter registration. |
| 11 | | (a) The State Board of Elections shall establish and |
| 12 | | maintain a portal for automatic government agency voter |
| 13 | | registration that permits an eligible person to electronically |
| 14 | | apply to register to vote or to update his or her existing |
| 15 | | voter registration as provided in Section 1A-16.1 or Section |
| 16 | | 1A-16.2. The portal shall interface with the online voter |
| 17 | | registration system established in Section 1A-16.5 of this |
| 18 | | Code and shall be capable of receiving and processing voter |
| 19 | | registration application information, including electronic |
| 20 | | signatures, from the Office of the Secretary of State and each |
| 21 | | designated automatic voter registration agency, as defined in |
| 22 | | Section 1A-16.2. The State Board of Elections may |
| 23 | | cross-reference voter registration information from any |
| 24 | | designated automatic voter registration agency, as defined |
| 25 | | under Section 1A-16.2 of this Code, with information contained |
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| 1 | | in the database of the Secretary of State as provided under |
| 2 | | subsection (c) of Section 1A-16.5 of this Code. The State |
| 3 | | Board of Elections shall modify the online voter registration |
| 4 | | system as necessary to implement this Section. |
| 5 | | (b) Voter registration data received from the Office of |
| 6 | | the Secretary of State or a designated automatic voter |
| 7 | | registration agency through the online registration |
| 8 | | application system shall be processed as provided in Section |
| 9 | | 1A-16.5 of this Code. |
| 10 | | (c) The State Board of Elections shall establish technical |
| 11 | | specifications applicable to each automatic government |
| 12 | | registration program, including data format and transmission |
| 13 | | specifications. The Office of the Secretary of State and each |
| 14 | | designated automatic voter registration agency shall maintain |
| 15 | | a data transfer mechanism capable of transmitting voter |
| 16 | | registration application information, including electronic |
| 17 | | signatures where available, to the online voter registration |
| 18 | | system established in Section 1A-16.5 of this Code. |
| 19 | | (d) The State Board of Elections shall, by rule, establish |
| 20 | | criteria and procedures for determining whether an agency of |
| 21 | | the State or federal government seeking to become a designated |
| 22 | | automatic voter registration agency in the course of receiving |
| 23 | | applications and other forms regarding licenses, permits, |
| 24 | | programs, and services offered by the agency, receives |
| 25 | | documentation that an applicant is a United States citizen, as |
| 26 | | described in subsection (g) of Section 1A-16.1 has access to |
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| 1 | | reliable personal information, as defined under this |
| 2 | | subsection (d) and subsection (f) of Section 1A-16.2 of this |
| 3 | | Code, and otherwise meets the requirements to enter into an |
| 4 | | interagency contract and to operate as a designated automatic |
| 5 | | voter registration agency. The State Board of Elections shall |
| 6 | | approve each interagency contract upon affirmative vote of a |
| 7 | | majority of its members. |
| 8 | | As used in this subsection (d), "reliable personal |
| 9 | | information" means information about individuals obtained from |
| 10 | | government sources that may be used to verify whether an |
| 11 | | individual is eligible to register to vote. |
| 12 | | (e) Whenever an applicant's data is transferred from the |
| 13 | | Office of the Secretary of State or a designated automatic |
| 14 | | voter registration agency, the agency must transmit a |
| 15 | | signature image if available. If no signature image was |
| 16 | | provided by the agency and , or if no signature image is |
| 17 | | available in the Office of the Secretary of State's database |
| 18 | | or the statewide voter registration database, or other |
| 19 | | database available to the State Board of Elections, the |
| 20 | | applicant must be notified that voter his or her registration |
| 21 | | will remain in a pending status until the applicant: , and the |
| 22 | | applicant will be required to |
| 23 | | (1) provides provide identification that complies with |
| 24 | | the federal Help America Vote Act of 2002 and a signature |
| 25 | | to the election authority on election day in the polling |
| 26 | | place or during early voting; . |
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| 1 | | (2) provides identification that complies with the |
| 2 | | federal Help America Vote Act of 2002 and a signature with |
| 3 | | a mail ballot, or provides a signature in accordance with |
| 4 | | the procedures described in subsection (g-5) of Section |
| 5 | | 19-8; or |
| 6 | | (3) provides a signature in response to the notice |
| 7 | | described in subsection (g) or by other paper or |
| 8 | | electronic means determined by the State Board of |
| 9 | | Elections. |
| 10 | | (f) Upon receipt of personal information collected and |
| 11 | | transferred by the Office of the Secretary of State or a |
| 12 | | designated automatic voter registration agency, the State |
| 13 | | Board of Elections shall check the information against the |
| 14 | | statewide voter registration database. The State Board of |
| 15 | | Elections shall create and electronically transmit to the |
| 16 | | appropriate election authority a voter registration |
| 17 | | application for any individual who is not registered to vote |
| 18 | | in Illinois and is not disqualified as provided in this |
| 19 | | Section or whose information reliably indicates a more recent |
| 20 | | update to the name or address of a person already included in |
| 21 | | the statewide voter database. The election authority shall |
| 22 | | process the application accordingly. If the individual |
| 23 | | provides the Office of the Secretary of State or a designated |
| 24 | | automatic voter registration agency with an address designated |
| 25 | | by the Attorney General as a substitute mailing address under |
| 26 | | Section 15 of the Address Confidentiality for Victims of |
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| 1 | | Domestic Violence, Sexual Assault, Human Trafficking, or |
| 2 | | Stalking Act or if the State Board of Elections otherwise |
| 3 | | determines that the individual is a program participant under |
| 4 | | Section 10 of the Address Confidentiality for Victims of |
| 5 | | Domestic Violence, Sexual Assault, Human Trafficking, or |
| 6 | | Stalking Act, the State Board of Elections shall not create or |
| 7 | | electronically transmit to an election authority a voter |
| 8 | | registration the application for the individual. The State |
| 9 | | Board of Elections may provide alternative voter registration |
| 10 | | procedures for the individuals described in this subsection. |
| 11 | | (g) The appropriate election authority shall ensure that |
| 12 | | any applicant about whom it receives information from the |
| 13 | | State Board of Elections under subsection (f) who is |
| 14 | | registered to vote or whose existing voter registration is |
| 15 | | updated under this Section is promptly sent written notice of |
| 16 | | the change. The notice required by this subsection (g) may be |
| 17 | | sent or combined with other notices required or permitted by |
| 18 | | law, including, but not limited to, any notices sent pursuant |
| 19 | | to Section 1A-16.5 of this Code. Any notice required by this |
| 20 | | subsection (g) shall contain, at a minimum: (i) the |
| 21 | | applicant's name and residential address as reflected on the |
| 22 | | voter registration list; (ii) a statement notifying the |
| 23 | | applicant to contact the appropriate election authority if his |
| 24 | | or her voter registration has been updated in error; (iii) the |
| 25 | | qualifications to register to vote in Illinois; (iv) a |
| 26 | | statement notifying the applicant that he or she may opt out of |
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| 1 | | voter registration or request a change to his or her |
| 2 | | registration information at any time by contacting an election |
| 3 | | official; and (iii) (v) contact information for the |
| 4 | | appropriate election authority, including a phone number, |
| 5 | | address, electronic mail address, and website address. |
| 6 | | For an applicant under subsection (b) of Section 1A-16.1 |
| 7 | | or subsection (b) of Section 1A-16.2 who is not currently |
| 8 | | registered to vote in Illinois, the notice shall be sent |
| 9 | | within 5 business days after the transmission of the voter |
| 10 | | registration application to the election authority and shall |
| 11 | | contain: |
| 12 | | (1) the following statement: "After your recent visit |
| 13 | | to [an Illinois Secretary of State Driver Services |
| 14 | | Facility, or designated automatic voter registration |
| 15 | | agency] we started an automatic voter registration process |
| 16 | | for you. You will be registered to vote unless you |
| 17 | | complete, sign, and return this card by [deadline date]."; |
| 18 | | (2) the notices required by Section 5(c)(2) of the |
| 19 | | National Voter Registration Act of 1993; and |
| 20 | | (3) an opportunity to provide a signature as described |
| 21 | | in subsection (e) and to select a language for election |
| 22 | | materials if applicable to the jurisdiction, by prepaid |
| 23 | | postage. |
| 24 | | For an applicant under subsection (b) of Section 1A-16.1 |
| 25 | | or subsections (b) of Section 1A-16.2 who is currently |
| 26 | | registered to vote in Illinois and whose application contains |
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| 1 | | a change in the applicant's registered residence address or |
| 2 | | name, the notice shall be sent within 5 business days after the |
| 3 | | transmission of the voter registration application to the |
| 4 | | election authority and shall contain: |
| 5 | | (1) the following statement: "After your recent visit |
| 6 | | to [an Illinois Secretary of State Driver Services |
| 7 | | Facility or designated automatic voter registration |
| 8 | | agency], we started an update to your voter registration. |
| 9 | | Your voter registration will be updated unless you |
| 10 | | complete, sign and return this card by [deadline date]."; |
| 11 | | (2) the notices required by Section 5(c)(2) of the |
| 12 | | National Voter Registration Act of 1993; and |
| 13 | | (3) an opportunity to provide a signature as described |
| 14 | | in subsection (e), and to select a language for election |
| 15 | | materials if applicable to the jurisdiction, by prepaid |
| 16 | | postage. |
| 17 | | Any notice required by this subsection shall, at a |
| 18 | | minimum, be provided in languages for which there is coverage |
| 19 | | for the jurisdiction of the election authority under Section |
| 20 | | 203 of the federal Voting Rights Act, as identified by the |
| 21 | | United States Census Bureau in the Federal Register. Any |
| 22 | | notice required by this subsection must also comply with all |
| 23 | | applicable, federal, State, and local laws, regulations, and |
| 24 | | ordinances that relate to providing language access to |
| 25 | | individuals with limited English proficiency. If the State |
| 26 | | Board of Elections has received language preference |
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| 1 | | information regarding the applicant and has transmitted that |
| 2 | | information to the appropriate election authority, the |
| 3 | | appropriate election authority shall take all practicable |
| 4 | | measures to send the notice to the applicant in the |
| 5 | | applicant's preferred language. |
| 6 | | (g-5) If an applicant under subsection (b) of Section |
| 7 | | 1A-16.1 or subsection (b) of Section 1A-16.2 returns the |
| 8 | | notice described in subsection (g) declining to be registered |
| 9 | | within 23 days after the mailing of the notice, the applicant |
| 10 | | shall not be registered to vote and the applicant shall be |
| 11 | | deemed not to have attempted to register to vote. If an |
| 12 | | applicant under subsection (b) of Section 1A-16.1 or |
| 13 | | subsection (b) of Section 1A-16.2 returns the notice described |
| 14 | | in subsection (g) declining or correcting the update within 23 |
| 15 | | days after the mailing of the notice, the applicant's update |
| 16 | | shall be declined or corrected in the statewide voter |
| 17 | | registration database. If an applicant returns the notice |
| 18 | | described in subsection (g) but does not do so within 23 days |
| 19 | | after the mailing of the notice, then the applicant shall be |
| 20 | | registered to vote under the name and address contained in the |
| 21 | | dual-purpose application. If an applicant returns the notice |
| 22 | | described in subsection (g) declining to be registered or |
| 23 | | declining or correcting the update more than 23 days after the |
| 24 | | mailing of the notice, then the notice shall be processed as a |
| 25 | | request to cancel or update the applicant's registration. |
| 26 | | During the 23-day period specified in this subsection, an |
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| 1 | | applicant's voter registration or updated voter registration |
| 2 | | shall be in a pending status. |
| 3 | | (g-6) If an applicant under subsection (b) of Section |
| 4 | | 1A-16.1 or subsection (b) of Section 1A-16.2 returns the |
| 5 | | notice indicating a language preference, the language |
| 6 | | preference shall be retained as part of the person's |
| 7 | | registration information. |
| 8 | | (h) The appropriate election authority shall ensure that |
| 9 | | any applicant whose voter registration application is not |
| 10 | | accepted or deemed incomplete is promptly sent written notice |
| 11 | | of the application's status. The notice required by this |
| 12 | | subsection may be sent or combined with other notices required |
| 13 | | or permitted by law, including, but not limited to, any |
| 14 | | notices sent pursuant to Section 1A-16.5 of this Code. Any |
| 15 | | notice required by this subsection (h) shall contain, at a |
| 16 | | minimum, the reason the application was not accepted or deemed |
| 17 | | incomplete and contact information for the appropriate |
| 18 | | election authority, including a phone number, address, |
| 19 | | electronic mail address, and website address. |
| 20 | | (i) If the Office of the Secretary of State or a designated |
| 21 | | automatic voter registration agency transfers information, or |
| 22 | | if the State Board of Elections creates and transmits a voter |
| 23 | | registration application, for a person who does not qualify as |
| 24 | | an eligible voter, then it shall not constitute a completed |
| 25 | | voter registration form, and the person shall not be |
| 26 | | considered to have registered to vote. |
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| 1 | | (j) If the registration is processed by any election |
| 2 | | authority, then it shall be presumed to have been effected and |
| 3 | | officially authorized by the State, and that person shall not |
| 4 | | be found on that basis to have made a false claim to |
| 5 | | citizenship or to have committed an act of moral turpitude, |
| 6 | | nor shall that person be subject to penalty under any relevant |
| 7 | | laws, including, but not limited to, Sections 29-10 and 29-19 |
| 8 | | of this Code. This subsection (j) does not apply to a person |
| 9 | | who knows that he or she is not entitled to register to vote |
| 10 | | and who willfully votes, registers to vote, or attests under |
| 11 | | penalty of perjury that he or she is eligible to register to |
| 12 | | vote or willfully attempts to vote or to register to vote. |
| 13 | | (k) The State Board of Elections, the Office of the |
| 14 | | Secretary of State, and each designated automatic voter |
| 15 | | registration agency shall implement policies and procedures to |
| 16 | | protect the privacy and security of voter information as it is |
| 17 | | acquired, stored, and transmitted among agencies, including |
| 18 | | policies for the retention and preservation of voter |
| 19 | | information. Information designated as confidential under this |
| 20 | | Section may be recorded and shared among the State Board of |
| 21 | | Elections, election authorities, the Office of the Secretary |
| 22 | | of State, and designated automatic voter registration |
| 23 | | agencies, but shall be used only for voter registration |
| 24 | | purposes, shall not be disclosed to the public except in the |
| 25 | | aggregate as required by subsection (m) of this Section, and |
| 26 | | shall not be subject to the Freedom of Information Act. The |
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| 1 | | following information shall be designated as confidential: |
| 2 | | (1) any portion of an applicant's Social Security |
| 3 | | number; |
| 4 | | (2) any portion of an applicant's driver's license |
| 5 | | number or State identification number; |
| 6 | | (3) an applicant's decision to decline voter |
| 7 | | registration; |
| 8 | | (4) the identity of the person providing information |
| 9 | | relating to a specific applicant; and |
| 10 | | (5) the personal residence and contact information of |
| 11 | | any applicant for whom notice has been given by an |
| 12 | | appropriate legal authority; and . |
| 13 | | (6) the personal residence and contact information |
| 14 | | relating to an applicant who returns a notice described |
| 15 | | subsection (g) declining to register to vote that was |
| 16 | | received by the election authority within 23 days after |
| 17 | | mailing the notice or for whom the 23-day period has not |
| 18 | | passed. |
| 19 | | This subsection (k) shall not apply to information the |
| 20 | | State Board of Elections is required to share with the |
| 21 | | Electronic Registration Information Center. |
| 22 | | (l) The voter registration procedures implemented under |
| 23 | | this Section shall comport with the federal National Voter |
| 24 | | Registration Act of 1993, as amended, and shall specifically |
| 25 | | require that the State Board of Elections track registration |
| 26 | | data received through the online registration system that |
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| 1 | | originated from a designated automatic voter registration |
| 2 | | agency for the purposes of maintaining statistics. |
| 3 | | Nothing in this Code shall require designated voter |
| 4 | | registration agencies to transmit information that is |
| 5 | | confidential client information under State or federal law |
| 6 | | without the consent of the applicant. |
| 7 | | (m) The State Board of Elections, each election authority |
| 8 | | that maintains a website, the Office of the Secretary of |
| 9 | | State, and each designated automatic voter registration agency |
| 10 | | that maintains a website shall provide information on their |
| 11 | | websites informing the public about the new registration |
| 12 | | procedures described in this Section. The Office of the |
| 13 | | Secretary of State and each designated automatic voter |
| 14 | | registration agency shall display signage or provide |
| 15 | | literature for the public containing information about the new |
| 16 | | registration procedures described in this Section. |
| 17 | | (n) No later than 6 months after the effective date of this |
| 18 | | amendatory Act of the 100th General Assembly, the State Board |
| 19 | | of Elections shall hold at least one public hearing on |
| 20 | | implementing this amendatory Act of the 100th General Assembly |
| 21 | | at which the public may provide input. |
| 22 | | (o) The State Board of Elections shall submit an annual |
| 23 | | public report to the General Assembly and the Governor |
| 24 | | detailing the progress made to implement this Section. The |
| 25 | | report shall include all of the following: the number of |
| 26 | | records transferred under this Section by agency, the number |
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| 1 | | of voters newly added to the statewide voter registration list |
| 2 | | because of records transferred under this Section by agency, |
| 3 | | the number of updated registrations under this Section by |
| 4 | | agency, the number of persons who opted out of voter |
| 5 | | registration, and the number of voters who submitted voter |
| 6 | | registration forms using the online procedure described in |
| 7 | | Section 1A-16.5 of this Code. The 2018 and 2019 annual reports |
| 8 | | may include less detail if election authorities are not |
| 9 | | equipped to provide complete information to the State Board of |
| 10 | | Elections. Any report produced under this subsection (o) shall |
| 11 | | exclude any information that identifies any individual |
| 12 | | personally. |
| 13 | | (p) The State Board of Elections, in consultation with |
| 14 | | election authorities, the Office of the Secretary of State, |
| 15 | | designated automatic voter registration agencies, and |
| 16 | | community organizations, shall adopt rules as necessary to |
| 17 | | implement the provisions of this Section. |
| 18 | | (q) The changes made to this Section by this amendatory |
| 19 | | Act of the 104th General Assembly shall be implemented no |
| 20 | | later than January 1, 2028. |
| 21 | | (Source: P.A. 100-464, eff. 8-28-17.) |
| 22 | | (10 ILCS 5/1A-16.8) |
| 23 | | Sec. 1A-16.8. Automatic transfer of registration based |
| 24 | | upon information from the National Change of Address database |
| 25 | | and designated automatic voter registration agencies. |
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| 1 | | (a) The State Board of Elections shall cross-reference the |
| 2 | | statewide voter registration database against the United |
| 3 | | States Postal Service's National Change of Address database |
| 4 | | twice each calendar year, April 15 and October 1 in |
| 5 | | odd-numbered years and April 15 and December 1 in |
| 6 | | even-numbered years or with the same frequency as in |
| 7 | | subsection (b) of this Section, and shall share the findings |
| 8 | | with the election authorities. |
| 9 | | (b) In addition, beginning no later than September 1, |
| 10 | | 2017, the State Board of Elections shall utilize data provided |
| 11 | | as part of its membership in the Electronic Registration |
| 12 | | Information Center in order to cross-reference the statewide |
| 13 | | voter registration database against databases of relevant |
| 14 | | personal information kept by designated automatic voter |
| 15 | | registration agencies, including, but not limited to, driver's |
| 16 | | license information kept by the Secretary of State, at least 6 |
| 17 | | times each calendar year and shall share the findings with |
| 18 | | election authorities. |
| 19 | | This subsection (b) shall no longer apply once Sections |
| 20 | | 1A-16.1 and 1A-16.2 of this Code are fully implemented as |
| 21 | | determined by the State Board of Elections. Upon a |
| 22 | | determination by the State Board of Elections of full |
| 23 | | implementation of Sections 1A-16.1 and 1A-16.2 of this Code, |
| 24 | | the State Board of Elections shall file notice of full |
| 25 | | implementation and the inapplicability of this subsection (b) |
| 26 | | with the Index Department of the Office of the Secretary of |
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| 1 | | State, the Governor, the General Assembly, and the Legislative |
| 2 | | Reference Bureau. |
| 3 | | (b-5) The State Board of Elections shall not be required |
| 4 | | to share any data on any voter attained using the National |
| 5 | | Change of Address database under subsection (a) of this |
| 6 | | Section if that voter has a more recent government transaction |
| 7 | | indicated using the cross-reference under subsection (b) of |
| 8 | | this Section. If there is contradictory or unclear data |
| 9 | | between data obtained under subsections (a) and (b) of this |
| 10 | | Section, then data obtained under subsection (b) of this |
| 11 | | Section shall take priority. |
| 12 | | (c) An election authority shall automatically register any |
| 13 | | voter who has moved into its jurisdiction from another |
| 14 | | jurisdiction in Illinois or has moved within its jurisdiction |
| 15 | | provided that: |
| 16 | | (1) the election authority whose jurisdiction includes |
| 17 | | the new registration address provides the voter an |
| 18 | | opportunity to reject the change in registration address |
| 19 | | through a mailing, sent by non-forwardable mail, to the |
| 20 | | new registration address, and |
| 21 | | (2) when the election authority whose jurisdiction |
| 22 | | includes the previous registration address is a different |
| 23 | | election authority, then that election authority provides |
| 24 | | the same opportunity through a mailing, sent by |
| 25 | | forwardable mail, to the previous registration address. |
| 26 | | This change in registration shall trigger the same |
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| 1 | | inter-jurisdictional or intra-jurisdictional workflows as if |
| 2 | | the voter completed a new registration card, including the |
| 3 | | cancellation of the voter's previous registration. Should the |
| 4 | | registration of a voter be changed from one address to another |
| 5 | | within the State and should the voter appear at the polls and |
| 6 | | offer to vote from the prior registration address, attesting |
| 7 | | that the prior registration address is the true current |
| 8 | | address, the voter, if confirmed by the election authority as |
| 9 | | having been registered at the prior registration address and |
| 10 | | canceled only by the process authorized by this Section, shall |
| 11 | | be issued a regular ballot, and the change of registration |
| 12 | | address shall be canceled. If the election authority is unable |
| 13 | | to immediately confirm the registration, the voter shall be |
| 14 | | permitted to register and vote a regular ballot, provided that |
| 15 | | he or she meets the documentary requirements for same-day |
| 16 | | registration. If the election authority is unable to confirm |
| 17 | | the registration and the voter does not meet the requirements |
| 18 | | for same-day registration, the voter shall be issued a |
| 19 | | provisional ballot. |
| 20 | | (c-5) An agency that does not receive documentation that |
| 21 | | an applicant is a United States citizen, as described in |
| 22 | | subsection (g) of Section 1A-16.1, may enter into an agreement |
| 23 | | with the State Board of Elections to transmit information that |
| 24 | | shall serve only to update an applicant's existing voter |
| 25 | | registration record. Under the agreement, the agency shall |
| 26 | | transmit information on all clients who may be registered to |
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| 1 | | vote with a clear indication that the information shall be |
| 2 | | used only for updates. The State Board of Elections shall |
| 3 | | determine which applicants are already registered to vote and, |
| 4 | | for any voter whose information provided to the agency differs |
| 5 | | from that on the voter registration record, provide that |
| 6 | | information to the voter's local election authority who shall |
| 7 | | update a registered voter's records in accordance with the |
| 8 | | procedures described in Section 1A-16.7. The State Board of |
| 9 | | Election and local election authority shall take no action |
| 10 | | under this subsection for any applicant not already registered |
| 11 | | to vote. |
| 12 | | This subsection shall be implemented no later than January |
| 13 | | 1, 2028. |
| 14 | | (d) No voter shall be disqualified from voting due to an |
| 15 | | error relating to an update of registration under this |
| 16 | | Section. |
| 17 | | (Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.) |
| 18 | | Section 40-10. The Illinois Vehicle Code is amended by |
| 19 | | changing Section 2-105 as follows: |
| 20 | | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105) |
| 21 | | Sec. 2-105. Offices of Secretary of State. |
| 22 | | (a) The Secretary of State shall maintain offices in the |
| 23 | | State capital and in such other places in the State as he may |
| 24 | | deem necessary to properly carry out the powers and duties |
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| 1 | | vested in him. |
| 2 | | (b) The Secretary of State may construct and equip one or |
| 3 | | more buildings in the State of Illinois outside of the County |
| 4 | | of Sangamon as he deems necessary to properly carry out the |
| 5 | | powers and duties vested in him. The Secretary of State may, on |
| 6 | | behalf of the State of Illinois, acquire public or private |
| 7 | | property needed therefor by lease, purchase or eminent domain. |
| 8 | | The care, custody and control of such sites and buildings |
| 9 | | constructed thereon shall be vested in the Secretary of State. |
| 10 | | Expenditures for the construction and equipping of any of such |
| 11 | | buildings upon premises owned by another public entity shall |
| 12 | | not be subject to the provisions of any State law requiring |
| 13 | | that the State be vested with absolute fee title to the |
| 14 | | premises. The exercise of the authority vested in the |
| 15 | | Secretary of State by this Section is subject to the |
| 16 | | appropriation of the necessary funds. |
| 17 | | (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of |
| 18 | | the Election Code, the Secretary of State shall make driver |
| 19 | | services facilities available for use as places of accepting |
| 20 | | applications for voter registration. |
| 21 | | (d) (Blank). |
| 22 | | (e) Each applicant person applying at a driver services |
| 23 | | facility for a driver's license or permit, a corrected |
| 24 | | driver's license or permit, an Illinois Identification Card |
| 25 | | identification card or a corrected Illinois Identification |
| 26 | | Card who has presented documentation establishing United |
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| 1 | | States citizenship as set forth in subsection (g) of Section |
| 2 | | 1A-16.1 of the Election Code identification card shall be |
| 3 | | notified, under the procedures set forth in Sections 1A-16.1 |
| 4 | | and 1A-16.7 of the Election Code, that the applicant's unless |
| 5 | | he or she affirmatively declines, his or her personal |
| 6 | | information shall be transferred to the State Board of |
| 7 | | Elections for the purpose of creating an electronic voter |
| 8 | | registration application. Each applicant applying at a driver |
| 9 | | services facility for a driver's license or permit, a |
| 10 | | corrected driver's license or permit or a State identification |
| 11 | | card or a corrected Illinois Identification Card who presented |
| 12 | | documentation that neither establishes that the applicant is a |
| 13 | | United States citizen nor establishes that the applicant is |
| 14 | | not a United States citizen, but who affirmatively indicated |
| 15 | | they wished to apply to register to vote and attested, in |
| 16 | | writing, to United States citizenship, shall be notified, |
| 17 | | under the procedures set forth in Sections 1A-16.1 and 1A-16.7 |
| 18 | | of the Election Code that the applicant's personal information |
| 19 | | will be transmitted to the State Board of Elections for the |
| 20 | | purpose of creating an electronic voter registration |
| 21 | | application. Such notification may be made in writing or |
| 22 | | verbally issued by an employee or the Secretary of State. |
| 23 | | The Secretary of State shall promulgate such rules as may |
| 24 | | be necessary for the efficient execution of his duties and the |
| 25 | | duties of his employees under this Section. |
| 26 | | (f) Any person applying at a driver services facility for |
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| 1 | | issuance or renewal of a driver's license or Illinois |
| 2 | | Identification Card shall be provided, without charge, with a |
| 3 | | brochure warning the person of the dangers of financial |
| 4 | | identity theft. The Department of Financial and Professional |
| 5 | | Regulation shall prepare these brochures and provide them to |
| 6 | | the Secretary of State for distribution. The brochures shall |
| 7 | | (i) identify signs warning the reader that he or she might be |
| 8 | | an intended victim of the crime of financial identity theft, |
| 9 | | (ii) instruct the reader in how to proceed if the reader |
| 10 | | believes that he or she is the victim of the crime of identity |
| 11 | | theft, and (iii) provide the reader with names and telephone |
| 12 | | numbers of law enforcement and other governmental agencies |
| 13 | | that provide assistance to victims of financial identity |
| 14 | | theft. |
| 15 | | (g) (Blank). The changes made by this amendatory Act of |
| 16 | | the 100th General Assembly shall be implemented no later than |
| 17 | | July 1, 2018. |
| 18 | | (h) The changes made to this Section by this amendatory |
| 19 | | Act of the 104th General Assembly shall be implemented no |
| 20 | | later than January 1, 2028. |
| 21 | | (Source: P.A. 100-464, eff. 8-28-17.) |
| 22 | | Article 50. |
| 23 | | Section 50-5. The State Officials and Employees Ethics Act |
| 24 | | is amended by changing Sections 5-5 and 70-5 as follows: |
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| 1 | | (5 ILCS 430/5-5) |
| 2 | | (Text of Section before amendment by P.A. 104-435) |
| 3 | | Sec. 5-5. Personnel policies. |
| 4 | | (a) Each of the following shall adopt and implement |
| 5 | | personnel policies for all State employees under his, her, or |
| 6 | | its jurisdiction and control: (i) each executive branch |
| 7 | | constitutional officer, (ii) each legislative leader, (iii) |
| 8 | | the Senate Operations Commission, with respect to legislative |
| 9 | | employees under Section 4 of the General Assembly Operations |
| 10 | | Act, (iv) the Speaker of the House of Representatives, with |
| 11 | | respect to legislative employees under Section 5 of the |
| 12 | | General Assembly Operations Act, (v) the Joint Committee on |
| 13 | | Legislative Support Services, with respect to State employees |
| 14 | | of the legislative support services agencies, (vi) members of |
| 15 | | the General Assembly, with respect to legislative assistants, |
| 16 | | as provided in Section 4 of the General Assembly Compensation |
| 17 | | Act, (vii) the Auditor General, (viii) the Board of Higher |
| 18 | | Education, with respect to State employees of public |
| 19 | | institutions of higher learning except community colleges, and |
| 20 | | (ix) the Illinois Community College Board, with respect to |
| 21 | | State employees of community colleges. The Governor shall |
| 22 | | adopt and implement those policies for all State employees of |
| 23 | | the executive branch not under the jurisdiction and control of |
| 24 | | any other executive branch constitutional officer. |
| 25 | | (b) The policies required under subsection (a) shall be |
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| 1 | | filed with the appropriate ethics commission established under |
| 2 | | this Act or, for the Auditor General, with the Office of the |
| 3 | | Auditor General. |
| 4 | | (c) The policies required under subsection (a) shall |
| 5 | | include policies relating to work time requirements, |
| 6 | | documentation of time worked, documentation for reimbursement |
| 7 | | for travel on official State business, compensation, and the |
| 8 | | earning or accrual of State benefits for all State employees |
| 9 | | who may be eligible to receive those benefits. No later than 30 |
| 10 | | days after the effective date of this amendatory Act of the |
| 11 | | 100th General Assembly, the policies shall include, at a |
| 12 | | minimum: (i) a prohibition on sexual harassment; (ii) details |
| 13 | | on how an individual can report an allegation of sexual |
| 14 | | harassment, including options for making a confidential report |
| 15 | | to a supervisor, ethics officer, Inspector General, or the |
| 16 | | Department of Human Rights; (iii) a prohibition on retaliation |
| 17 | | for reporting sexual harassment allegations, including |
| 18 | | availability of whistleblower protections under this Act, the |
| 19 | | Whistleblower Act, and the Illinois Human Rights Act; and (iv) |
| 20 | | the consequences of a violation of the prohibition on sexual |
| 21 | | harassment and the consequences for knowingly making a false |
| 22 | | report. The policies shall comply with and be consistent with |
| 23 | | all other applicable laws. The policies shall require State |
| 24 | | employees to periodically submit time sheets documenting the |
| 25 | | time spent each day on official State business to the nearest |
| 26 | | quarter hour; contractual State employees may satisfy the time |
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| 1 | | sheets requirement by complying with the terms of their |
| 2 | | contract, which shall provide for a means of compliance with |
| 3 | | this requirement. In addition, State employees of public |
| 4 | | institutions of higher education classified as faculty |
| 5 | | (including tenure system and nontenure system), and those not |
| 6 | | eligible for overtime pay as defined by the Fair Labor |
| 7 | | Standards Act, may satisfy the time sheets requirement by |
| 8 | | complying with the terms of their contract or employment |
| 9 | | agreement with the public institution of higher education, |
| 10 | | which shall provide for a means of compliance with this |
| 11 | | requirement. The policies for State employees shall require |
| 12 | | those time sheets to be submitted on paper, electronically, or |
| 13 | | both and to be maintained in either paper or electronic format |
| 14 | | by the applicable fiscal office for a period of at least 2 |
| 15 | | years. |
| 16 | | (d) The policies required under subsection (a) shall be |
| 17 | | adopted by the applicable entity before February 1, 2004 and |
| 18 | | shall apply to State employees beginning 30 days after |
| 19 | | adoption. |
| 20 | | (Source: P.A. 100-554, eff. 11-16-17.) |
| 21 | | (Text of Section after amendment by P.A. 104-435) |
| 22 | | Sec. 5-5. Personnel policies. |
| 23 | | (a) Each of the following shall adopt and implement |
| 24 | | personnel policies for all State employees under his, her, or |
| 25 | | its jurisdiction and control: (i) each executive branch |
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| 1 | | constitutional officer, (ii) each legislative leader, (iii) |
| 2 | | the President of the Senate, with respect to legislative |
| 3 | | employees under Section 4 of the General Assembly Operations |
| 4 | | Act, (iv) the Speaker of the House of Representatives, with |
| 5 | | respect to legislative employees under Section 5 of the |
| 6 | | General Assembly Operations Act, (v) the Joint Committee on |
| 7 | | Legislative Support Services, with respect to State employees |
| 8 | | of the legislative support services agencies, (vi) members of |
| 9 | | the General Assembly, with respect to legislative assistants, |
| 10 | | as provided in Section 4 of the General Assembly Compensation |
| 11 | | Act, (vii) the Auditor General, (viii) the Board of Higher |
| 12 | | Education, with respect to State employees of public |
| 13 | | institutions of higher learning except community colleges, and |
| 14 | | (ix) the Illinois Community College Board, with respect to |
| 15 | | State employees of community colleges. The Governor shall |
| 16 | | adopt and implement those policies for all State employees of |
| 17 | | the executive branch not under the jurisdiction and control of |
| 18 | | any other executive branch constitutional officer. |
| 19 | | (b) The policies required under subsection (a) shall be |
| 20 | | filed with the appropriate ethics commission established under |
| 21 | | this Act or, for the Auditor General, with the Office of the |
| 22 | | Auditor General. |
| 23 | | (c) The policies required under subsection (a) shall |
| 24 | | include policies relating to work time requirements, |
| 25 | | documentation of time worked, documentation for reimbursement |
| 26 | | for travel on official State business, compensation, and the |
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| 1 | | earning or accrual of State benefits for all State employees |
| 2 | | who may be eligible to receive those benefits. No later than 30 |
| 3 | | days after the effective date of this amendatory Act of the |
| 4 | | 100th General Assembly, the policies shall include, at a |
| 5 | | minimum: (i) a prohibition on sexual harassment; (ii) details |
| 6 | | on how an individual can report an allegation of sexual |
| 7 | | harassment, including options for making a confidential report |
| 8 | | to a supervisor, ethics officer, Inspector General, or the |
| 9 | | Department of Human Rights; (iii) a prohibition on retaliation |
| 10 | | for reporting sexual harassment allegations, including |
| 11 | | availability of whistleblower protections under this Act, the |
| 12 | | Whistleblower Act, and the Illinois Human Rights Act; and (iv) |
| 13 | | the consequences of a violation of the prohibition on sexual |
| 14 | | harassment and the consequences for knowingly making a false |
| 15 | | report. The policies shall comply with and be consistent with |
| 16 | | all other applicable laws. The policies shall require State |
| 17 | | employees to periodically submit time sheets documenting the |
| 18 | | time spent each day on official State business to the nearest |
| 19 | | quarter hour; contractual State employees may satisfy the time |
| 20 | | sheets requirement by complying with the terms of their |
| 21 | | contract, which shall provide for a means of compliance with |
| 22 | | this requirement. In addition, State employees of public |
| 23 | | institutions of higher education classified as faculty |
| 24 | | (including tenure system and nontenure system), and those not |
| 25 | | eligible for overtime pay as defined by the Fair Labor |
| 26 | | Standards Act, may satisfy the time sheets requirement by |
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| 1 | | complying with the terms of their contract or employment |
| 2 | | agreement with the public institution of higher education, |
| 3 | | which shall provide for a means of compliance with this |
| 4 | | requirement. The policies for State employees shall require |
| 5 | | those time sheets to be submitted on paper, electronically, or |
| 6 | | both and to be maintained in either paper or electronic format |
| 7 | | by the applicable fiscal office for a period of at least 2 |
| 8 | | years. |
| 9 | | (d) The policies required under subsection (a) shall be |
| 10 | | adopted by the applicable entity before February 1, 2004 and |
| 11 | | shall apply to State employees beginning 30 days after |
| 12 | | adoption. |
| 13 | | (Source: P.A. 104-435, eff. 7-1-26.) |
| 14 | | (5 ILCS 430/70-5) |
| 15 | | Sec. 70-5. Adoption by governmental entities. |
| 16 | | (a) Within 6 months after the effective date of this Act, |
| 17 | | each governmental entity other than a community college |
| 18 | | district, and each community college district within 6 months |
| 19 | | after the effective date of this amendatory Act of the 95th |
| 20 | | General Assembly, shall adopt an ordinance or resolution that |
| 21 | | regulates, in a manner no less restrictive than Section 5-15 |
| 22 | | and Article 10 of this Act, (i) the political activities of |
| 23 | | officers and employees of the governmental entity and (ii) the |
| 24 | | soliciting and accepting of gifts by and the offering and |
| 25 | | making of gifts to officers and employees of the governmental |
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| 1 | | entity. No later than 60 days after the effective date of this |
| 2 | | amendatory Act of the 100th General Assembly, each |
| 3 | | governmental unit shall adopt an ordinance or resolution |
| 4 | | establishing a policy to prohibit sexual harassment. The |
| 5 | | policy shall include, at a minimum: (i) a prohibition on |
| 6 | | sexual harassment; (ii) details on how an individual can |
| 7 | | report an allegation of sexual harassment, including options |
| 8 | | for making a confidential report to a supervisor, ethics |
| 9 | | officer, Inspector General, or the Department of Human Rights; |
| 10 | | (iii) a prohibition on retaliation for reporting sexual |
| 11 | | harassment allegations, including availability of |
| 12 | | whistleblower protections under this Act, the Whistleblower |
| 13 | | Act, and the Illinois Human Rights Act; and (iv) the |
| 14 | | consequences of a violation of the prohibition on sexual |
| 15 | | harassment and the consequences for knowingly making a false |
| 16 | | report. Within 6 months after the effective date of this |
| 17 | | amendatory Act of the 101st General Assembly, each |
| 18 | | governmental unit that is not subject to the jurisdiction of a |
| 19 | | State or local Inspector General shall adopt an ordinance or |
| 20 | | resolution amending its sexual harassment policy to provide |
| 21 | | for a mechanism for reporting and independent review of |
| 22 | | allegations of sexual harassment made against an elected |
| 23 | | official of the governmental unit by another elected official |
| 24 | | of a governmental unit. |
| 25 | | (b) Within 3 months after the effective date of this |
| 26 | | amendatory Act of the 93rd General Assembly, the Attorney |
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| 1 | | General shall develop model ordinances and resolutions for the |
| 2 | | purpose of this Article. The Attorney General shall advise |
| 3 | | governmental entities on their contents and adoption. |
| 4 | | (c) As used in this Article, (i) an "officer" means an |
| 5 | | elected or appointed official; regardless of whether the |
| 6 | | official is compensated, and (ii) an "employee" means a |
| 7 | | full-time, part-time, or contractual employee. |
| 8 | | (d) Notwithstanding any other provisions of this Section, |
| 9 | | a governmental entity may create an ethics commission to |
| 10 | | satisfy the requirements of subsection (a). |
| 11 | | (Source: P.A. 100-554, eff. 11-16-17; 101-221, eff. 8-9-19.) |
| 12 | | Section 50-10. The Election Code is amended by changing |
| 13 | | Sections 13-1, 13-2, and 19-2 as follows: |
| 14 | | (10 ILCS 5/13-1) (from Ch. 46, par. 13-1) |
| 15 | | Sec. 13-1. In counties not under township organization, |
| 16 | | the county board of commissioners shall at its meeting in July |
| 17 | | in each even-numbered year appoint in each election precinct 5 |
| 18 | | capable and discreet persons meeting the qualifications of |
| 19 | | Section 13-4 to be judges of election. Where neither voting |
| 20 | | machines nor electronic, mechanical or electric voting systems |
| 21 | | are used, the county board may, for any precinct with respect |
| 22 | | to which the board considers such action necessary or |
| 23 | | desirable in view of the number of voters, and shall for |
| 24 | | general elections for any precinct containing more than 600 |
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| 1 | | registered voters, appoint in addition to the 5 judges of |
| 2 | | election a team of 5 tally judges. In such precincts the judges |
| 3 | | of election shall preside over the election during the hours |
| 4 | | the polls are open, and the tally judges, with the assistance |
| 5 | | of the holdover judges designated pursuant to Section 13-6.2, |
| 6 | | shall count the vote after the closing of the polls. However, |
| 7 | | the County Board of Commissioners may appoint 3 judges of |
| 8 | | election to serve in lieu of the 5 judges of election otherwise |
| 9 | | required by this Section (1) to serve in any emergency |
| 10 | | referendum, or in any odd-year regular election or in any |
| 11 | | special primary or special election called for the purpose of |
| 12 | | filling a vacancy in the office of representative in the |
| 13 | | United States Congress or to nominate candidates for such |
| 14 | | purpose or (2) if the county board passes an ordinance to |
| 15 | | reduce the number of judges of election to 3 for primary |
| 16 | | elections. In a county with a population of less than 100,000 |
| 17 | | persons as of the last federal decennial census, an election |
| 18 | | authority may also reduce the number of judges of election in |
| 19 | | each precinct to 3 judges of election in lieu of the 5 judges |
| 20 | | of election otherwise required by this Section. The tally |
| 21 | | judges shall possess the same qualifications and shall be |
| 22 | | appointed in the same manner and with the same division |
| 23 | | between political parties as is provided for judges of |
| 24 | | election. |
| 25 | | In addition to such precinct judges, the county board of |
| 26 | | commissioners shall appoint special panels of 3 judges each, |
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| 1 | | who shall possess the same qualifications and shall be |
| 2 | | appointed in the same manner and with the same division |
| 3 | | between political parties as is provided for other judges of |
| 4 | | election. The number of such panels of judges required shall |
| 5 | | be determined by regulations of the State Board of Elections |
| 6 | | which shall base the required numbers of special panels on the |
| 7 | | number of registered voters in the jurisdiction or the number |
| 8 | | of vote by mail ballots voted at recent elections, or any |
| 9 | | combination of such factors. |
| 10 | | Such appointment shall be confirmed by the court as |
| 11 | | provided in Section 13-3 of this Article. No more than 3 |
| 12 | | persons of the same political party shall be appointed judges |
| 13 | | of the same election precinct or election judge panel. The |
| 14 | | appointment shall be made in the following manner: The county |
| 15 | | board of commissioners shall select and approve 3 persons as |
| 16 | | judges of election in each election precinct from a certified |
| 17 | | list, furnished by the chair of the County Central Committee |
| 18 | | of the first leading political party in such precinct; and the |
| 19 | | county board of commissioners shall also select and approve 2 |
| 20 | | persons as judges of election in each election precinct from a |
| 21 | | certified list, furnished by the chair of the County Central |
| 22 | | Committee of the second leading political party. However, if |
| 23 | | only 3 judges of election serve in each election precinct, no |
| 24 | | more than 2 persons of the same political party shall be judges |
| 25 | | of election in the same election precinct; and which political |
| 26 | | party is entitled to 2 judges of election and which political |
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| 1 | | party is entitled to one judge of election shall be determined |
| 2 | | in the same manner as set forth in the next two preceding |
| 3 | | sentences with regard to 5 election judges in each precinct. |
| 4 | | Such certified list shall be filed with the county clerk not |
| 5 | | less than 10 days before the annual meeting of the county board |
| 6 | | of commissioners. Such list shall be arranged according to |
| 7 | | precincts. The chair of each county central committee shall, |
| 8 | | insofar as possible, list persons who reside within the |
| 9 | | precinct in which they are to serve as judges. However, he may, |
| 10 | | in his sole discretion, submit the names of persons who reside |
| 11 | | outside the precinct but within the county embracing the |
| 12 | | precinct in which they are to serve. He must, however, submit |
| 13 | | the names of at least 2 residents of the precinct for each |
| 14 | | precinct in which his party is to have 3 judges and must submit |
| 15 | | the name of at least one resident of the precinct for each |
| 16 | | precinct in which his party is to have 2 judges. The county |
| 17 | | board of commissioners shall acknowledge in writing to each |
| 18 | | county chair the names of all persons submitted on such |
| 19 | | certified list and the total number of persons listed thereon. |
| 20 | | If no such list is filed or such list is incomplete (that is, |
| 21 | | no names or an insufficient number of names are furnished for |
| 22 | | certain election precincts), the county board of commissioners |
| 23 | | shall make or complete such list from the names contained in |
| 24 | | the supplemental list provided for in Section 13-1.1. The |
| 25 | | election judges shall hold their office for 2 years from their |
| 26 | | appointment, and until their successors are duly appointed in |
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| 1 | | the manner provided in this Act. The county board of |
| 2 | | commissioners shall fill all vacancies in the office of judge |
| 3 | | of election at any time in the manner provided in this Act. |
| 4 | | (Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19.) |
| 5 | | (10 ILCS 5/13-2) (from Ch. 46, par. 13-2) |
| 6 | | Sec. 13-2. In counties under the township organization the |
| 7 | | county board shall at its meeting in July in each |
| 8 | | even-numbered year except in counties containing a population |
| 9 | | of 3,000,000 inhabitants or over and except when such judges |
| 10 | | are appointed by election commissioners, select in each |
| 11 | | election precinct in the county, 5 capable and discreet |
| 12 | | persons to be judges of election who shall possess the |
| 13 | | qualifications required by this Act for such judges. Where |
| 14 | | neither voting machines nor electronic, mechanical or electric |
| 15 | | voting systems are used, the county board may, for any |
| 16 | | precinct with respect to which the board considers such action |
| 17 | | necessary or desirable in view of the number of voters, and |
| 18 | | shall for general elections for any precinct containing more |
| 19 | | than 600 registered voters, appoint in addition to the 5 |
| 20 | | judges of election a team of 5 tally judges. In such precincts |
| 21 | | the judges of election shall preside over the election during |
| 22 | | the hours the polls are open, and the tally judges, with the |
| 23 | | assistance of the holdover judges designated pursuant to |
| 24 | | Section 13-6.2, shall count the vote after the closing of the |
| 25 | | polls. The tally judges shall possess the same qualifications |
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| 1 | | and shall be appointed in the same manner and with the same |
| 2 | | division between political parties as is provided for judges |
| 3 | | of election. |
| 4 | | However, the county board may appoint 3 judges of election |
| 5 | | to serve in lieu of the 5 judges of election otherwise required |
| 6 | | by this Section (1) to serve in any emergency referendum, or in |
| 7 | | any odd-year regular election or in any special primary or |
| 8 | | special election called for the purpose of filling a vacancy |
| 9 | | in the office of representative in the United States Congress |
| 10 | | or to nominate candidates for such purpose or (2) if the county |
| 11 | | board passes an ordinance to reduce the number of judges of |
| 12 | | election to 3 for primary elections. In a county with a |
| 13 | | population of less than 100,000 persons as of the last federal |
| 14 | | decennial census, an election authority may also reduce the |
| 15 | | number of judges of election in each precinct to 3 judges of |
| 16 | | election in lieu of the 5 judges of election otherwise |
| 17 | | required by this Section. |
| 18 | | In addition to such precinct judges, the county board |
| 19 | | shall appoint special panels of 3 judges each, who shall |
| 20 | | possess the same qualifications and shall be appointed in the |
| 21 | | same manner and with the same division between political |
| 22 | | parties as is provided for other judges of election. The |
| 23 | | number of such panels of judges required shall be determined |
| 24 | | by regulations of the State Board of Elections, which shall |
| 25 | | base the required number of special panels on the number of |
| 26 | | registered voters in the jurisdiction or the number of |
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| 1 | | absentee ballots voted at recent elections or any combination |
| 2 | | of such factors. |
| 3 | | No more than 3 persons of the same political party shall be |
| 4 | | appointed judges in the same election district or undivided |
| 5 | | precinct. The election of the judges of election in the |
| 6 | | various election precincts shall be made in the following |
| 7 | | manner: The county board shall select and approve 3 of the |
| 8 | | election judges in each precinct from a certified list |
| 9 | | furnished by the chair of the County Central Committee of the |
| 10 | | first leading political party in such election precinct and |
| 11 | | shall also select and approve 2 judges of election in each |
| 12 | | election precinct from a certified list furnished by the chair |
| 13 | | of the County Central Committee of the second leading |
| 14 | | political party in such election precinct. However, if only 3 |
| 15 | | judges of election serve in each election precinct, no more |
| 16 | | than 2 persons of the same political party shall be judges of |
| 17 | | election in the same election precinct; and which political |
| 18 | | party is entitled to 2 judges of election and which political |
| 19 | | party is entitled to one judge of election shall be determined |
| 20 | | in the same manner as set forth in the next two preceding |
| 21 | | sentences with regard to 5 election judges in each precinct. |
| 22 | | The respective County Central Committee chair shall notify the |
| 23 | | county board by June 1 of each odd-numbered year immediately |
| 24 | | preceding the annual meeting of the county board whether or |
| 25 | | not such certified list will be filed by such chair. Such list |
| 26 | | shall be arranged according to precincts. The chair of each |
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| 1 | | county central committee shall, insofar as possible, list |
| 2 | | persons who reside within the precinct in which they are to |
| 3 | | serve as judges. However, he may, in his sole discretion, |
| 4 | | submit the names of persons who reside outside the precinct |
| 5 | | but within the county embracing the precinct in which they are |
| 6 | | to serve. He must, however, submit the names of at least 2 |
| 7 | | residents of the precinct for each precinct in which his party |
| 8 | | is to have 3 judges and must submit the name of at least one |
| 9 | | resident of the precinct for each precinct in which his party |
| 10 | | is to have 2 judges. Such certified list, if filed, shall be |
| 11 | | filed with the county clerk not less than 20 days before the |
| 12 | | annual meeting of the county board. The county board shall |
| 13 | | acknowledge in writing to each county chair the names of all |
| 14 | | persons submitted on such certified list and the total number |
| 15 | | of persons listed thereon. If no such list is filed or the list |
| 16 | | is incomplete (that is, no names or an insufficient number of |
| 17 | | names are furnished for certain election precincts), the |
| 18 | | county board shall make or complete such list from the names |
| 19 | | contained in the supplemental list provided for in Section |
| 20 | | 13-1.1. Provided, further, that in any case where a township |
| 21 | | has been or shall be redistricted, in whole or in part, |
| 22 | | subsequent to one general election for Governor, and prior to |
| 23 | | the next, the judges of election to be selected for all new or |
| 24 | | altered precincts shall be selected in that one of the methods |
| 25 | | above detailed, which shall be applicable according to the |
| 26 | | facts and circumstances of the particular case, but the |
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| 1 | | majority of such judges for each such precinct shall be |
| 2 | | selected from the first leading political party, and the |
| 3 | | minority judges from the second leading political party. |
| 4 | | Provided, further, that in counties having a population of |
| 5 | | 3,000,000 inhabitants or over the selection of judges of |
| 6 | | election shall be made in the same manner in all respects as in |
| 7 | | other counties, except that the provisions relating to tally |
| 8 | | judges are inapplicable to such counties and except that the |
| 9 | | county board shall meet during the month of January for the |
| 10 | | purpose of making such selection, each township |
| 11 | | committeeperson shall assume the responsibilities given to the |
| 12 | | chair of the county central committee in this Section for the |
| 13 | | precincts within his or her township, and the township |
| 14 | | committeeperson shall notify the county board by the preceding |
| 15 | | October 1 whether or not the certified list will be filed. Such |
| 16 | | judges of election shall hold their office for 2 years from |
| 17 | | their appointment and until their successors are duly |
| 18 | | appointed in the manner provided in this Act. The county board |
| 19 | | shall fill all vacancies in the office of judges of elections |
| 20 | | at any time in the manner herein provided. |
| 21 | | Such selections under this Section shall be confirmed by |
| 22 | | the circuit court as provided in Section 13-3 of this Article. |
| 23 | | (Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19.) |
| 24 | | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) |
| 25 | | Sec. 19-2. Except as otherwise provided in this Code, any |
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| 1 | | elector as defined in Section 19-1 may by mail or |
| 2 | | electronically on the website of the appropriate election |
| 3 | | authority, not more than 90 nor less than 5 days prior to the |
| 4 | | date of such election, or by personal delivery not more than 90 |
| 5 | | nor less than one day prior to the date of such election, make |
| 6 | | application to the county clerk or to the Board of Election |
| 7 | | Commissioners for an official ballot for the voter's precinct |
| 8 | | to be voted at such election. Such a ballot shall be delivered |
| 9 | | to the elector only upon separate application by the elector |
| 10 | | for each election. Voters who make an application for |
| 11 | | permanent vote by mail ballot status shall follow the |
| 12 | | procedures specified in Section 19-3 and may apply year round. |
| 13 | | A voter Voters whose application for permanent vote by mail |
| 14 | | status is accepted by the election authority shall remain on |
| 15 | | the permanent vote by mail list until the voter requests to be |
| 16 | | removed from permanent vote by mail status, the voter provides |
| 17 | | notice to the election authority of a change in registration |
| 18 | | that affects the voter's their registration status, or the |
| 19 | | election authority receives confirmation that the voter has |
| 20 | | subsequently registered to vote in another election authority |
| 21 | | jurisdiction. Each election authority shall establish a |
| 22 | | website for eligible voters to request a vote by mail ballot by |
| 23 | | electronic form and the The URL address at which voters may |
| 24 | | electronically request a vote by mail ballot shall be fixed no |
| 25 | | later than 90 calendar days before an election and shall not be |
| 26 | | changed until after the election. |
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| 1 | | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; |
| 2 | | 102-687, eff. 12-17-21; 102-813, eff. 5-13-22; revised |
| 3 | | 6-24-25.) |
| 4 | | Article 60. |
| 5 | | Section 60-5. The Election Code is amended by changing |
| 6 | | Sections 24B-15 and 24C-15 as follows: |
| 7 | | (10 ILCS 5/24B-15) |
| 8 | | Sec. 24B-15. Official return of precinct; check of totals; |
| 9 | | retabulation. The precinct return printed by the automatic |
| 10 | | Precinct Tabulation Optical Scan Technology tabulating |
| 11 | | equipment shall include the number of ballots cast and votes |
| 12 | | cast for each candidate and proposition and shall constitute |
| 13 | | the official return of each precinct. In addition to the |
| 14 | | precinct return, the election authority shall provide the |
| 15 | | number of applications for ballots in each precinct, the |
| 16 | | write-in votes, the total number of ballots counted in each |
| 17 | | precinct for each political subdivision and district and the |
| 18 | | number of registered voters in each precinct. However, the |
| 19 | | election authority shall check the totals shown by the |
| 20 | | precinct return and, if there is an obvious discrepancy |
| 21 | | regarding the total number of votes cast in any precinct, |
| 22 | | shall have the ballots for that precinct retabulated to |
| 23 | | correct the return. The procedures for retabulation shall |
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| 1 | | apply prior to and after the proclamation is completed; |
| 2 | | however, after the proclamation of results, the election |
| 3 | | authority must obtain a court order to unseal voted ballots |
| 4 | | except for election contests and discovery recounts. In those |
| 5 | | election jurisdictions that use in-precinct counting |
| 6 | | equipment, the certificate of results, which has been prepared |
| 7 | | by the judges of election after the ballots have been |
| 8 | | tabulated, shall be the document used for the canvass of votes |
| 9 | | for such precinct. Whenever a discrepancy exists during the |
| 10 | | canvass of votes between the unofficial results and the |
| 11 | | certificate of results, or whenever a discrepancy exists |
| 12 | | during the canvass of votes between the certificate of results |
| 13 | | and the set of totals which has been affixed to the certificate |
| 14 | | of results, the ballots for that precinct shall be retabulated |
| 15 | | to correct the return. As an additional part of this check |
| 16 | | prior to the proclamation, in those jurisdictions where |
| 17 | | in-precinct counting equipment is used, the election authority |
| 18 | | shall retabulate the total number of votes cast in 5% of the |
| 19 | | precincts within the election jurisdiction, as well as 5% of |
| 20 | | the voting devices used in early voting and at vote centers. |
| 21 | | The precincts and the voting devices to be retabulated shall |
| 22 | | be selected after election day on a random basis by the State |
| 23 | | Board of Elections, so that every precinct in the election |
| 24 | | jurisdiction and every voting device used in early voting or |
| 25 | | at a vote center has an equal mathematical chance of being |
| 26 | | selected. The State Board of Elections shall design a standard |
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| 1 | | and scientific random method of selecting the precincts and |
| 2 | | voting devices which are to be retabulated. The State central |
| 3 | | committee chair of each established political party shall be |
| 4 | | given prior written notice of the time and place of the random |
| 5 | | selection procedure and may be represented at the procedure. |
| 6 | | The retabulation shall consist of counting the ballots which |
| 7 | | were originally counted and shall not involve any |
| 8 | | determination of which ballots were, in fact, properly |
| 9 | | counted. The ballots from the precincts selected for the |
| 10 | | retabulation shall remain at all times under the custody and |
| 11 | | control of the election authority and shall be transported and |
| 12 | | retabulated by the designated staff of the election authority. |
| 13 | | As part of the retabulation, the election authority shall |
| 14 | | test the computer program in the selected precincts and on the |
| 15 | | selected early voting devices. The test shall be conducted by |
| 16 | | processing a preaudited group of ballots marked to record a |
| 17 | | predetermined number of valid votes for each candidate and on |
| 18 | | each public question, and shall include for each office one or |
| 19 | | more ballots which have votes in excess of the number allowed |
| 20 | | by law to test the ability of the equipment and the marking |
| 21 | | device to reject such votes. If any error is detected, the |
| 22 | | cause shall be determined and corrected, and an errorless |
| 23 | | count shall be made prior to the official canvass and |
| 24 | | proclamation of election results. |
| 25 | | The State Board of Elections, the State's Attorney and |
| 26 | | other appropriate law enforcement agencies, the county chair |
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| 1 | | of each established political party and qualified civic |
| 2 | | organizations shall be given prior written notice of the time |
| 3 | | and place of the retabulation and may be represented at the |
| 4 | | retabulation. |
| 5 | | The results of this retabulation shall be treated in the |
| 6 | | same manner and have the same effect as the results of the |
| 7 | | discovery procedures set forth in Section 22-9.1 of this Code. |
| 8 | | Upon completion of the retabulation, the election authority |
| 9 | | shall print a comparison of the results of the retabulation |
| 10 | | with the original precinct return printed by the automatic |
| 11 | | tabulating equipment. The comparison shall be done for each |
| 12 | | precinct and for each early voting device selected for testing |
| 13 | | and for each office voted upon within that precinct or on that |
| 14 | | voting device, and the comparisons shall be open to the |
| 15 | | public. Upon completion of the retabulation, the returns shall |
| 16 | | be open to the public. |
| 17 | | (Source: P.A. 100-1027, eff. 1-1-19.) |
| 18 | | (10 ILCS 5/24C-15) |
| 19 | | Sec. 24C-15. Official return of precinct; check of totals; |
| 20 | | audit. The precinct return printed by the Direct Recording |
| 21 | | Electronic Voting System tabulating equipment shall include |
| 22 | | the number of ballots cast and votes cast for each candidate |
| 23 | | and public question and shall constitute the official return |
| 24 | | of each precinct. In addition to the precinct return, the |
| 25 | | election authority shall provide the number of applications |
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| 1 | | for ballots in each precinct, the total number of ballots and |
| 2 | | vote by mail ballots counted in each precinct for each |
| 3 | | political subdivision and district and the number of |
| 4 | | registered voters in each precinct. However, the election |
| 5 | | authority shall check the totals shown by the precinct return |
| 6 | | and, if there is an obvious discrepancy regarding the total |
| 7 | | number of votes cast in any precinct, shall have the ballots |
| 8 | | for that precinct audited to correct the return. The |
| 9 | | procedures for this audit shall apply prior to and after the |
| 10 | | proclamation is completed; however, after the proclamation of |
| 11 | | results, the election authority must obtain a court order to |
| 12 | | unseal voted ballots or voting devices except for election |
| 13 | | contests and discovery recounts. The certificate of results, |
| 14 | | which has been prepared and signed by the judges of election |
| 15 | | after the ballots have been tabulated, shall be the document |
| 16 | | used for the canvass of votes for such precinct. Whenever a |
| 17 | | discrepancy exists during the canvass of votes between the |
| 18 | | unofficial results and the certificate of results, or whenever |
| 19 | | a discrepancy exists during the canvass of votes between the |
| 20 | | certificate of results and the set of totals reflected on the |
| 21 | | certificate of results, the ballots for that precinct shall be |
| 22 | | audited to correct the return. |
| 23 | | Prior to the proclamation, the election authority shall |
| 24 | | test the voting devices and equipment in 5% of the precincts |
| 25 | | within the election jurisdiction, as well as 5% of the voting |
| 26 | | devices used in early voting and at vote centers. The |
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| 1 | | precincts and the voting devices to be tested shall be |
| 2 | | selected after election day on a random basis by the State |
| 3 | | Board of Elections, so that every precinct and every device |
| 4 | | used in early voting or at a vote center in the election |
| 5 | | jurisdiction has an equal mathematical chance of being |
| 6 | | selected. The State Board of Elections shall design a standard |
| 7 | | and scientific random method of selecting the precincts and |
| 8 | | voting devices that are to be tested. The State central |
| 9 | | committee chair of each established political party shall be |
| 10 | | given prior written notice of the time and place of the random |
| 11 | | selection procedure and may be represented at the procedure. |
| 12 | | The test shall be conducted by counting the votes marked |
| 13 | | on the permanent paper record of each ballot cast in the tested |
| 14 | | precinct printed by the voting system at the time that each |
| 15 | | ballot was cast and comparing the results of this count with |
| 16 | | the results shown by the certificate of results prepared by |
| 17 | | the Direct Recording Electronic Voting System in the test |
| 18 | | precinct. The election authority shall test count these votes |
| 19 | | either by hand or by using an automatic tabulating device |
| 20 | | other than a Direct Recording Electronic voting device that |
| 21 | | has been approved by the State Board of Elections for that |
| 22 | | purpose and tested before use to ensure accuracy. The election |
| 23 | | authority shall print the results of each test count. If any |
| 24 | | error is detected, the cause shall be determined and |
| 25 | | corrected, and an errorless count shall be made prior to the |
| 26 | | official canvass and proclamation of election results. If an |
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| 1 | | errorless count cannot be conducted and there continues to be |
| 2 | | difference in vote results between the certificate of results |
| 3 | | produced by the Direct Recording Electronic Voting System and |
| 4 | | the count of the permanent paper records or if an error was |
| 5 | | detected and corrected, the election authority shall |
| 6 | | immediately prepare and forward to the appropriate canvassing |
| 7 | | board a written report explaining the results of the test and |
| 8 | | any errors encountered and the report shall be made available |
| 9 | | for public inspection. |
| 10 | | The State Board of Elections, the State's Attorney and |
| 11 | | other appropriate law enforcement agencies, the county chair |
| 12 | | of each established political party and qualified civic |
| 13 | | organizations shall be given prior written notice of the time |
| 14 | | and place of the test and may be represented at the test. |
| 15 | | The results of this post-election test shall be treated in |
| 16 | | the same manner and have the same effect as the results of the |
| 17 | | discovery procedures set forth in Section 22-9.1 of this Code. |
| 18 | | (Source: P.A. 100-1027, eff. 1-1-19.) |
| 19 | | Article 65. |
| 20 | | Section 65-5. The Open Meetings Act is amended by changing |
| 21 | | Section 2.07 as follows: |
| 22 | | (5 ILCS 120/2.07) |
| 23 | | Sec. 2.07. Meetings on election days; prohibited. |
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| 1 | | (a) A public body, other than a board of election |
| 2 | | commissioners established under Article 6 or 6A of the |
| 3 | | Election Code, may not hold or schedule a regular or special |
| 4 | | meeting on the day of a general primary election, a general |
| 5 | | election, a consolidated primary election, or a consolidated |
| 6 | | election, as defined in the Election Code. |
| 7 | | (b) A home rule unit may not hold or schedule meetings in a |
| 8 | | manner inconsistent with this Act. This Section is a denial |
| 9 | | and limitation of home rule powers and functions in accordance |
| 10 | | with subsection (i) of Section 6 of Article VII of the Illinois |
| 11 | | Constitution. |
| 12 | | (Source: P.A. 104-438, eff. 1-1-26.) |
| 13 | | Article 70. |
| 14 | | Section 70-5. The Election Code is amended by adding |
| 15 | | Section 29-25 as follows: |
| 16 | | (10 ILCS 5/29-25 new) |
| 17 | | Sec. 29-25. Prohibit firearms in polling places. Any |
| 18 | | person who carries or possesses a firearm while present in a |
| 19 | | polling place, except a peace officer in the performance of |
| 20 | | his or her official duties, shall be guilty of a Class C |
| 21 | | misdemeanor. |
| 22 | | Article 75. |
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| 1 | | Section 75-5. The Election Code is amended by changing |
| 2 | | Section 9-8.10 as follows: |
| 3 | | (10 ILCS 5/9-8.10) |
| 4 | | Sec. 9-8.10. Use of political committee and other |
| 5 | | reporting organization funds. |
| 6 | | (a) A political committee shall not make expenditures: |
| 7 | | (1) In violation of any law of the United States or of |
| 8 | | this State. |
| 9 | | (2) Clearly in excess of the fair market value of the |
| 10 | | services, materials, facilities, or other things of value |
| 11 | | received in exchange. |
| 12 | | (3) For satisfaction or repayment of any debts other |
| 13 | | than loans made to the committee or to the public official |
| 14 | | or candidate on behalf of the committee or repayment of |
| 15 | | goods and services purchased by the committee under a |
| 16 | | credit agreement. Nothing in this Section authorizes the |
| 17 | | use of campaign funds to repay personal loans. The |
| 18 | | repayments shall be made by check written to the person |
| 19 | | who made the loan or credit agreement. The terms and |
| 20 | | conditions of any loan or credit agreement to a committee |
| 21 | | shall be set forth in a written agreement, including but |
| 22 | | not limited to the method and amount of repayment, that |
| 23 | | shall be executed by the chair or treasurer of the |
| 24 | | committee at the time of the loan or credit agreement. The |
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| 1 | | loan or agreement shall also set forth the rate of |
| 2 | | interest for the loan, if any, which may not substantially |
| 3 | | exceed the prevailing market interest rate at the time the |
| 4 | | agreement is executed. |
| 5 | | (4) For the satisfaction or repayment of any debts or |
| 6 | | for the payment of any expenses relating to a personal |
| 7 | | residence. Campaign funds may not be used as collateral |
| 8 | | for home mortgages. The provisions of this paragraph do |
| 9 | | not apply to expenditures by a political committee for |
| 10 | | expenses related to: (i) a public official's or |
| 11 | | candidate's personal security services provided by a |
| 12 | | private security contractor agency licensed under the |
| 13 | | Private Detective, Private Alarm, Private Security, |
| 14 | | Fingerprint Vendor, and Locksmith Act of 2004 or security |
| 15 | | enhancements to a public official's or candidate's primary |
| 16 | | residence, including, but not limited to, security |
| 17 | | systems, cameras, walls, fences, or other physical |
| 18 | | structures, if the security services or security |
| 19 | | enhancements are reasonably necessary due to risks arising |
| 20 | | from the public official's or candidate's political or |
| 21 | | governmental duties; or (ii) cybersecurity measures or |
| 22 | | tools used to protect and secure a public official's or |
| 23 | | candidate's personal, political, and government devices, |
| 24 | | Internet networks, or other technology, if the |
| 25 | | cybersecurity measures or tools are reasonably necessary |
| 26 | | due to risks arising from the public official's or |
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| 1 | | candidate's political or governmental duties. |
| 2 | | (5) For clothing or personal laundry expenses, except |
| 3 | | clothing items rented by the public official or candidate |
| 4 | | for his or her own use exclusively for a specific |
| 5 | | campaign-related event, provided that committees may |
| 6 | | purchase costumes, novelty items, or other accessories |
| 7 | | worn primarily to advertise the candidacy. |
| 8 | | (6) For the travel expenses of any person unless the |
| 9 | | travel is necessary for fulfillment of political, |
| 10 | | governmental, or public policy duties, activities, or |
| 11 | | purposes. |
| 12 | | (7) For membership or club dues charged by |
| 13 | | organizations, clubs, or facilities that are primarily |
| 14 | | engaged in providing health, exercise, or recreational |
| 15 | | services; provided, however, that funds received under |
| 16 | | this Article may be used to rent the clubs or facilities |
| 17 | | for a specific campaign-related event. |
| 18 | | (8) In payment for anything of value or for |
| 19 | | reimbursement of any expenditure for which any person has |
| 20 | | been reimbursed by the State or any person. For purposes |
| 21 | | of this item (8), a per diem allowance is not a |
| 22 | | reimbursement. |
| 23 | | (9) For the lease or purchase of or installment |
| 24 | | payment for a motor vehicle unless the political committee |
| 25 | | can demonstrate the vehicle will be used primarily for |
| 26 | | campaign purposes or for the performance of governmental |
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| 1 | | duties. Nothing in this paragraph prohibits a political |
| 2 | | committee from using political funds to make expenditures |
| 3 | | related to vehicles not purchased or leased by a political |
| 4 | | committee, provided the expenditure relates to the use of |
| 5 | | the vehicle for primarily campaign purposes or the |
| 6 | | performance of governmental duties. Persons using vehicles |
| 7 | | not purchased or leased by a political committee may be |
| 8 | | reimbursed for actual mileage for the use of the vehicle |
| 9 | | for campaign purposes or for the performance of |
| 10 | | governmental duties. The mileage reimbursements shall be |
| 11 | | made at a rate not to exceed the standard mileage rate |
| 12 | | method for computation of business expenses under the |
| 13 | | Internal Revenue Code. |
| 14 | | (10) Directly for an individual's tuition or other |
| 15 | | educational expenses, except for governmental or political |
| 16 | | purposes directly related to a candidate's or public |
| 17 | | official's duties and responsibilities. |
| 18 | | (11) For payments to a public official or candidate or |
| 19 | | his or her family member unless for compensation for |
| 20 | | services actually rendered by that person. The provisions |
| 21 | | of this item (11) do not apply to expenditures by a |
| 22 | | political committee for expenses related to providing |
| 23 | | childcare for a minor child or care for a dependent family |
| 24 | | member if the care is reasonably necessary for the public |
| 25 | | official or candidate to fulfill political or governmental |
| 26 | | duties. The provisions of this item (11) do not apply to |
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| 1 | | expenditures by a political committee in an aggregate |
| 2 | | amount not exceeding the amount of funds reported to and |
| 3 | | certified by the State Board or county clerk as available |
| 4 | | as of June 30, 1998, in the semi-annual report of |
| 5 | | contributions and expenditures filed by the political |
| 6 | | committee for the period concluding June 30, 1998. |
| 7 | | (b) The Board shall have the authority to investigate, |
| 8 | | upon receipt of a verified complaint, violations of the |
| 9 | | provisions of this Section. The Board may levy a fine on any |
| 10 | | person who knowingly makes expenditures in violation of this |
| 11 | | Section and on any person who knowingly makes a malicious and |
| 12 | | false accusation of a violation of this Section. The Board may |
| 13 | | act under this subsection only upon the affirmative vote of at |
| 14 | | least 5 of its members. The fine shall not exceed $500 for each |
| 15 | | expenditure of $500 or less and shall not exceed the amount of |
| 16 | | the expenditure plus $500 for each expenditure greater than |
| 17 | | $500. The Board shall also have the authority to render |
| 18 | | rulings and issue opinions relating to compliance with this |
| 19 | | Section. |
| 20 | | (c) Nothing in this Section prohibits the expenditure of |
| 21 | | funds of a political committee controlled by an officeholder |
| 22 | | or by a candidate to defray the customary and reasonable |
| 23 | | expenses of an officeholder in connection with the performance |
| 24 | | of governmental and public service functions. |
| 25 | | (d) Nothing in this Section prohibits the funds of a |
| 26 | | political committee which is controlled by a person convicted |
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| 1 | | of a violation of any of the offenses listed in subsection (a) |
| 2 | | of Section 10 of the Public Corruption Profit Forfeiture Act |
| 3 | | from being forfeited to the State under Section 15 of the |
| 4 | | Public Corruption Profit Forfeiture Act. |
| 5 | | (Source: P.A. 104-443, eff. 1-1-26.) |
| 6 | | Article 80. |
| 7 | | Section 80-5. The Lobbyist Registration Act is amended by |
| 8 | | changing Section 5 as follows: |
| 9 | | (25 ILCS 170/5) |
| 10 | | Sec. 5. Lobbyist registration and disclosure. Every |
| 11 | | natural person and every entity required to register under |
| 12 | | this Act shall before any service is performed which requires |
| 13 | | the natural person or entity to register, but in any event not |
| 14 | | later than 2 business days after being employed or retained, |
| 15 | | file in the Office of the Secretary of State a statement in a |
| 16 | | format prescribed by the Secretary of State containing the |
| 17 | | following information with respect to each person or entity |
| 18 | | employing, retaining, or benefitting from the services of the |
| 19 | | natural person or entity required to register: |
| 20 | | (a) The registrant's name, permanent address, e-mail |
| 21 | | address, if any, fax number, if any, business telephone |
| 22 | | number, and temporary address, if the registrant has a |
| 23 | | temporary address while lobbying. |
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| 1 | | (a-5) If the registrant is an entity, the information |
| 2 | | required under subsection (a) for each natural person |
| 3 | | associated with the registrant who will be lobbying, |
| 4 | | regardless of whether lobbying is a significant part of |
| 5 | | his or her duties. |
| 6 | | (b) The name and address of the client or clients |
| 7 | | employing or retaining the registrant to perform such |
| 8 | | services or on whose behalf the registrant appears. If the |
| 9 | | client employing or retaining the registrant is a client |
| 10 | | registrant, the statement shall also include the name and |
| 11 | | address of the client or clients of the client registrant |
| 12 | | on whose behalf the registrant will be or anticipates |
| 13 | | performing services. |
| 14 | | (b-5) If the registrant employs or retains a |
| 15 | | sub-registrant, the statement shall include the name and |
| 16 | | address of the sub-registrant and identify the client or |
| 17 | | clients of the registrant on whose behalf the |
| 18 | | sub-registrant will be or is anticipated to be performing |
| 19 | | services. |
| 20 | | (b-7) If the registrant retains a consultant, the |
| 21 | | statement shall include the name and address of the |
| 22 | | consultant and identify the client or clients and each |
| 23 | | executive and legislative branch agency for which the |
| 24 | | consultant is to provide advisory services. |
| 25 | | (c) For those identified under subsections (b), (b-5), |
| 26 | | and (b-7), a brief description of the executive, |
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| 1 | | legislative, or administrative action in reference to |
| 2 | | which such service is to be rendered. |
| 3 | | (c-5) Each executive and legislative branch agency of |
| 4 | | the State and each unit of local government the registrant |
| 5 | | expects to lobby during the registration period. |
| 6 | | (c-6) The nature of the client's business, by |
| 7 | | indicating all of the following categories that apply: (1) |
| 8 | | banking and financial services, (2) manufacturing, (3) |
| 9 | | education, (4) environment, (5) healthcare, (6) insurance, |
| 10 | | (7) community interests, (8) labor, (9) public relations |
| 11 | | or advertising, (10) marketing or sales, (11) hospitality, |
| 12 | | (12) engineering, (13) information or technology products |
| 13 | | or services, (14) social services, (15) public utilities, |
| 14 | | (16) racing or wagering, (17) real estate or construction, |
| 15 | | (18) telecommunications, (19) trade or professional |
| 16 | | association, (20) travel or tourism, (21) transportation, |
| 17 | | (22) agriculture, and (23) other (setting forth the nature |
| 18 | | of that other business). |
| 19 | | (d) A confirmation that the registrant has a sexual |
| 20 | | harassment policy as required by Section 4.7, that such |
| 21 | | policy shall be made available to any individual within 2 |
| 22 | | business days upon written request (including electronic |
| 23 | | requests), that any person may contact the authorized |
| 24 | | agent of the registrant to report allegations of sexual |
| 25 | | harassment, and that the registrant recognizes the |
| 26 | | Inspector General has jurisdiction to review any |
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| 1 | | allegations of sexual harassment alleged against the |
| 2 | | registrant or lobbyists hired by the registrant. |
| 3 | | (e) (Blank). |
| 4 | | (f) Each elected or appointed public office in this |
| 5 | | State to be held by the registrant at any time during the |
| 6 | | registration period. |
| 7 | | Every natural person and every entity required to register |
| 8 | | under this Act shall annually submit the registration required |
| 9 | | by this Section on or before each January 31. The registrant |
| 10 | | has a continuing duty to report any substantial change or |
| 11 | | addition to the information contained in the registration. A |
| 12 | | registrant who retains a consultant shall file an amended |
| 13 | | registration before any consulting services are performed, but |
| 14 | | in any event not later than 2 business days after the |
| 15 | | consultant is retained, setting forth the information required |
| 16 | | in subsections (b-7) and (c) of this Section. |
| 17 | | The Secretary of State shall make all filed statements and |
| 18 | | amendments to statements publicly available by means of a |
| 19 | | searchable database that is accessible through the World Wide |
| 20 | | Web. The Secretary of State shall provide all software |
| 21 | | necessary to comply with this provision to all natural persons |
| 22 | | and entities required to file. The Secretary of State shall |
| 23 | | implement a plan to provide computer access and assistance to |
| 24 | | natural persons and entities required to file electronically. |
| 25 | | All natural persons and entities required to register |
| 26 | | under this Act shall remit a single, annual, and nonrefundable |
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| 1 | | $300 registration fee. The Secretary of State shall grant a |
| 2 | | waiver of this registration fee to any not-for-profit entity |
| 3 | | with an annual budget of less than $1,000,000 that is |
| 4 | | classified as tax-exempt under Section 501(c)(3) of the |
| 5 | | Internal Revenue Code, including a waiver of that fee for any |
| 6 | | lobbyist that exclusively lobbies on behalf of that entity. |
| 7 | | Each natural person required to register under this Act |
| 8 | | shall submit, on an annual basis, a picture of the registrant. |
| 9 | | A registrant may, in lieu of submitting a picture on an annual |
| 10 | | basis, authorize the Secretary of State to use any photo |
| 11 | | identification available in any database maintained by the |
| 12 | | Secretary of State for other purposes. Each registration fee |
| 13 | | collected for registrations shall be deposited into the |
| 14 | | Lobbyist Registration Administration Fund for administration |
| 15 | | and enforcement of this Act. |
| 16 | | (Source: P.A. 101-595, eff. 12-5-19; 102-664, eff. 1-1-22.) |
| 17 | | Article 85. |
| 18 | | Section 85-5. The Election Code is amended by changing |
| 19 | | Section 9-15 as follows: |
| 20 | | (10 ILCS 5/9-15) (from Ch. 46, par. 9-15) |
| 21 | | Sec. 9-15. It shall be the duty of the Board: |
| 22 | | (1) to develop prescribed forms for filing statements |
| 23 | | of organization and required reports; |
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| 1 | | (1.5) to develop a standardized form for requesting |
| 2 | | the redaction of the home addresses of officers of |
| 3 | | political committees in accordance with paragraph (3.5); |
| 4 | | (2) to prepare, publish, and furnish to the |
| 5 | | appropriate persons a manual of instructions setting forth |
| 6 | | recommended uniform methods of bookkeeping and reporting |
| 7 | | under this Article; |
| 8 | | (3) to prescribe suitable rules and regulations to |
| 9 | | carry out the provisions of this Article. Such rules and |
| 10 | | regulations shall be published and made available to the |
| 11 | | public; |
| 12 | | (3.5) to redact the home addresses of all current and |
| 13 | | past officers of political committees upon the written |
| 14 | | request of the supported candidate or the current chair of |
| 15 | | the political committee, using the standardized form |
| 16 | | developed for that purpose by the Board under paragraph |
| 17 | | (1.5); |
| 18 | | (4) to send by first-class mail, after the general |
| 19 | | primary election in even numbered years, to the chair of |
| 20 | | each regularly constituted State central committee, county |
| 21 | | central committee and, in counties with a population of |
| 22 | | more than 3,000,000, to the committeepersons of each |
| 23 | | township and ward organization of each political party |
| 24 | | notice of their obligations under this Article, along with |
| 25 | | a form for filing the statement of organization; |
| 26 | | (5) to promptly make all reports and statements filed |
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| 1 | | under this Article available for public inspection and |
| 2 | | copying no later than 2 business days after their receipt |
| 3 | | and to permit copying of any such report or statement at |
| 4 | | the expense of the person requesting the copy, except |
| 5 | | that, if the redaction of home addresses of officers of a |
| 6 | | political committee has been requested in accordance with |
| 7 | | paragraph (3.5), then that information shall be redacted |
| 8 | | from a filed statement before that statement is provided |
| 9 | | for public inspection or copying; |
| 10 | | (6) to develop a filing, coding, and cross-indexing |
| 11 | | system consistent with the purposes of this Article; |
| 12 | | (7) to compile and maintain a list of all statements |
| 13 | | or parts of statements pertaining to each candidate; |
| 14 | | (8) to prepare and publish such reports as the Board |
| 15 | | may deem appropriate; |
| 16 | | (9) to annually notify each political committee that |
| 17 | | has filed a statement of organization with the Board of |
| 18 | | the filing dates for each quarterly report, provided that |
| 19 | | the such notification shall be made by first-class mail, |
| 20 | | unless the political committee opts to receive |
| 21 | | notification electronically by via email by indicating its |
| 22 | | preference to receive the notification electronically on |
| 23 | | its statement of organization or by filing a quarterly |
| 24 | | report of campaign contributions electronically; and |
| 25 | | (10) to promptly send, by first-class mail directed |
| 26 | | only to the officers of a political committee, and by |
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| 1 | | certified mail to the address of the political committee, |
| 2 | | written notice of any fine or penalty assessed or imposed |
| 3 | | against the political committee under this Article. |
| 4 | | (Source: P.A. 104-443, eff. 1-1-26.) |
| 5 | | Article 90. |
| 6 | | Section 90-5. The Election Code is amended by adding |
| 7 | | Section 1A-70 as follows: |
| 8 | | (10 ILCS 5/1A-70 new) |
| 9 | | Sec. 1A-70. Secure Elections Infrastructure Fund. The |
| 10 | | Secure Elections Infrastructure Fund is created as a special |
| 11 | | fund in the State treasury. Subject to appropriation, moneys |
| 12 | | in the Fund shall be distributed by the State Board of |
| 13 | | Elections as grants to election authorities for: voting |
| 14 | | machine replacement; electronic poll book upgrades; |
| 15 | | cybersecurity hardening, including the purchase of hardware |
| 16 | | and software and vendor vetting; voter accessibility upgrades; |
| 17 | | infrastructure for secure ballot transport and storage; and |
| 18 | | capital improvements to election authority facilities that are |
| 19 | | necessary to maintain safe, secure, and effective election |
| 20 | | administration, including life-safety, environmental, |
| 21 | | structural, or operational upgrades. The State Board of |
| 22 | | Elections shall distribute moneys in the Fund to election |
| 23 | | authorities using a formula determined by the State Board of |
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| 1 | | Elections that accounts for: the number of registered voters |
| 2 | | located in each voting district; the number of voting |
| 3 | | districts under the jurisdiction of the election authority; |
| 4 | | the average age and condition of voting equipment operated by |
| 5 | | the election authority; appropriations received by the |
| 6 | | election authority in the previous 10 years; and demonstrated |
| 7 | | accessibility or cybersecurity needs. |
| 8 | | Section 90-10. The State Finance Act is amended by adding |
| 9 | | Section 5.1038 as follows: |
| 10 | | (30 ILCS 105/5.1038 new) |
| 11 | | Sec. 5.1038. The Secure Elections Infrastructure Fund. |
| 12 | | Article 95. |
| 13 | | Section 95-5. The Election Code is amended by changing |
| 14 | | Sections 19-8 and 20-8 as follows: |
| 15 | | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8) |
| 16 | | Sec. 19-8. Time and place of counting ballots. |
| 17 | | (a) (Blank). (Blank.) |
| 18 | | (b) Each vote by mail voter's ballot returned to an |
| 19 | | election authority, by any means authorized by this Article, |
| 20 | | and received by that election authority before the closing of |
| 21 | | the polls on election day shall be endorsed by the receiving |
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| 1 | | election authority with the day and hour of receipt and may be |
| 2 | | processed by the election authority beginning on the day it is |
| 3 | | received by the election authority in the central ballot |
| 4 | | counting location of the election authority, but the results |
| 5 | | of the processing may not be counted until the day of the |
| 6 | | election after 7:00 p.m., except as provided in subsections |
| 7 | | (g) and (g-5). |
| 8 | | (c) Each vote by mail voter's ballot that is mailed to an |
| 9 | | election authority and postmarked no later than election day, |
| 10 | | but that is received by the election authority after the polls |
| 11 | | close on election day and before the close of the period for |
| 12 | | counting provisional ballots cast at that election, shall be |
| 13 | | endorsed by the receiving authority with the day and hour of |
| 14 | | receipt and shall be counted at the central ballot counting |
| 15 | | location of the election authority during the period for |
| 16 | | counting provisional ballots. |
| 17 | | Each vote by mail voter's ballot that is mailed to an |
| 18 | | election authority absent a postmark or a barcode usable with |
| 19 | | an intelligent mail barcode tracking system, but that is |
| 20 | | received by the election authority after the polls close on |
| 21 | | election day and before the close of the period for counting |
| 22 | | provisional ballots cast at that election, shall be endorsed |
| 23 | | by the receiving authority with the day and hour of receipt, |
| 24 | | opened to inspect the date inserted on the certification, and, |
| 25 | | if the certification date is election day or earlier and the |
| 26 | | ballot is otherwise found to be valid under the requirements |
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| 1 | | of this Section, counted at the central ballot counting |
| 2 | | location of the election authority during the period for |
| 3 | | counting provisional ballots. Absent a date on the |
| 4 | | certification, the ballot shall not be counted. |
| 5 | | If an election authority is using an intelligent mail |
| 6 | | barcode tracking system, a ballot that is mailed to an |
| 7 | | election authority absent a postmark may be counted if the |
| 8 | | intelligent mail barcode tracking system verifies the envelope |
| 9 | | was mailed no later than election day. |
| 10 | | (d) Special write-in vote by mail voter's blank ballots |
| 11 | | returned to an election authority, by any means authorized by |
| 12 | | this Article, and received by the election authority at any |
| 13 | | time before the closing of the polls on election day shall be |
| 14 | | endorsed by the receiving election authority with the day and |
| 15 | | hour of receipt and shall be counted at the central ballot |
| 16 | | counting location of the election authority during the same |
| 17 | | period provided for counting vote by mail voters' ballots |
| 18 | | under subsections (b), (g), and (g-5). Special write-in vote |
| 19 | | by mail voter's blank ballots that are mailed to an election |
| 20 | | authority and postmarked no later than election day, but that |
| 21 | | are received by the election authority after the polls close |
| 22 | | on election day and before the closing of the period for |
| 23 | | counting provisional ballots cast at that election, shall be |
| 24 | | endorsed by the receiving authority with the day and hour of |
| 25 | | receipt and shall be counted at the central ballot counting |
| 26 | | location of the election authority during the same periods |
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| 1 | | provided for counting vote by mail voters' ballots under |
| 2 | | subsection (c). |
| 3 | | (e) Except as otherwise provided in this Section, vote by |
| 4 | | mail voters' ballots and special write-in vote by mail voter's |
| 5 | | blank ballots received by the election authority after the |
| 6 | | closing of the polls on an election day shall be endorsed by |
| 7 | | the election authority receiving them with the day and hour of |
| 8 | | receipt and shall be safely kept unopened by the election |
| 9 | | authority for the period of time required for the preservation |
| 10 | | of ballots used at the election, and shall then, without being |
| 11 | | opened, be destroyed in like manner as the used ballots of that |
| 12 | | election. |
| 13 | | (f) Counting required under this Section shall to begin 7 |
| 14 | | calendar days before on election day after the closing of the |
| 15 | | polls shall commence no later than 8:00 p.m. and shall be |
| 16 | | conducted by a panel or panels of election judges appointed in |
| 17 | | the manner provided by law. The counting shall continue until |
| 18 | | all vote by mail voters' ballots and special write-in vote by |
| 19 | | mail voter's blank ballots required to be counted on election |
| 20 | | day have been counted. An election authority shall not release |
| 21 | | the results of any counting done under this subsection until |
| 22 | | after the closing of the polls on election day. |
| 23 | | (g) The procedures set forth in Articles 17 and 18 of this |
| 24 | | Code shall apply to all ballots counted under this Section. In |
| 25 | | addition, within 2 days after a vote by mail ballot is |
| 26 | | received, but in all cases before the close of the period for |
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| 1 | | counting provisional ballots, the election judge or official |
| 2 | | shall compare the voter's signature on the certification |
| 3 | | envelope of that vote by mail ballot with the voter's |
| 4 | | signature on the application verified in accordance with |
| 5 | | Section 19-4 or the signature of the voter on file in the |
| 6 | | office of the election authority. If the election judge or |
| 7 | | official determines that the 2 signatures match, and that the |
| 8 | | vote by mail voter is otherwise qualified to cast a vote by |
| 9 | | mail ballot, the election authority shall cast and count the |
| 10 | | ballot on election day or the day the ballot is determined to |
| 11 | | be valid, whichever is later, adding the results to the |
| 12 | | precinct in which the voter is registered. If the election |
| 13 | | judge or official determines that the signatures do not match, |
| 14 | | or that the vote by mail voter is not qualified to cast a vote |
| 15 | | by mail ballot, then without opening the certification |
| 16 | | envelope, the judge or official shall mark across the face of |
| 17 | | the certification envelope the word "Rejected" and shall not |
| 18 | | cast or count the ballot. |
| 19 | | In addition to the voter's signatures not matching, a vote |
| 20 | | by mail ballot may be rejected by the election judge or |
| 21 | | official: |
| 22 | | (1) if the ballot envelope is open or has been opened |
| 23 | | and resealed; |
| 24 | | (2) if the voter has already cast an early or grace |
| 25 | | period ballot; |
| 26 | | (3) if the voter voted in person on election day or the |
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| 1 | | voter is not a duly registered voter in the precinct; or |
| 2 | | (4) on any other basis set forth in this Code. |
| 3 | | If the election judge or official determines that any of |
| 4 | | these reasons apply, the judge or official shall mark across |
| 5 | | the face of the certification envelope the word "Rejected" and |
| 6 | | shall not cast or count the ballot. |
| 7 | | (g-5) If a vote by mail ballot is rejected by the election |
| 8 | | judge or official for any reason, the election authority |
| 9 | | shall, within 2 days after the rejection but in all cases |
| 10 | | before the close of the period for counting provisional |
| 11 | | ballots, notify the vote by mail voter that his or her ballot |
| 12 | | was rejected. The notice shall inform the voter of the reason |
| 13 | | or reasons the ballot was rejected and shall state that the |
| 14 | | voter may appear before the election authority, on or before |
| 15 | | the 14th day after the election, to show cause as to why the |
| 16 | | ballot should not be rejected. The voter may present evidence |
| 17 | | to the election authority supporting his or her contention |
| 18 | | that the ballot should be counted. The election authority |
| 19 | | shall appoint a panel of 3 election judges to review the |
| 20 | | contested ballot, application, and certification envelope, as |
| 21 | | well as any evidence submitted by the vote by mail voter. No |
| 22 | | more than 2 election judges on the reviewing panel shall be of |
| 23 | | the same political party. The reviewing panel of election |
| 24 | | judges shall make a final determination as to the validity of |
| 25 | | the contested vote by mail ballot. The judges' determination |
| 26 | | shall not be reviewable either administratively or judicially. |
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| 1 | | A vote by mail ballot subject to this subsection that is |
| 2 | | determined to be valid shall be counted before the close of the |
| 3 | | period for counting provisional ballots. |
| 4 | | If a vote by mail ballot is rejected for any reason, the |
| 5 | | election authority shall, within one day after the rejection, |
| 6 | | transmit to the State Board of Elections by electronic means |
| 7 | | the voter's name, street address, email address, and precinct, |
| 8 | | ward, township, and district numbers, as the case may be. If a |
| 9 | | rejected vote by mail ballot is determined to be valid, the |
| 10 | | election authority shall, within one day after the |
| 11 | | determination, remove the name of the voter from the list |
| 12 | | transmitted to the State Board of Elections. The State Board |
| 13 | | of Elections shall maintain the names and information in an |
| 14 | | electronic format on its website accessible to State and local |
| 15 | | political committees. |
| 16 | | Upon request by the State or local political committee, |
| 17 | | each election authority shall, within one day after the |
| 18 | | request, provide the following information about all rejected |
| 19 | | vote by mail ballots: voter's name, street address, email |
| 20 | | address, and precinct, ward, township, and district numbers, |
| 21 | | as the case may be. |
| 22 | | (g-10) All vote by mail ballots determined to be valid |
| 23 | | shall be added to the vote totals for the precincts for which |
| 24 | | they were cast in the order in which the ballots were opened. |
| 25 | | (h) Each political party, candidate, and qualified civic |
| 26 | | organization shall be entitled to have present one pollwatcher |
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| 1 | | for each panel of election judges therein assigned. |
| 2 | | (Source: P.A. 102-1126, eff. 2-10-23; 103-467, eff. 8-4-23; |
| 3 | | revised 6-24-25.) |
| 4 | | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8) |
| 5 | | Sec. 20-8. Time and place of counting ballots. |
| 6 | | (a) (Blank.) |
| 7 | | (b) Each vote by mail voter's ballot returned to an |
| 8 | | election authority, by any means authorized by this Article, |
| 9 | | and received by that election authority may be processed by |
| 10 | | the election authority beginning on the day it is received by |
| 11 | | the election authority in the central ballot counting location |
| 12 | | of the election authority, but the results of the processing |
| 13 | | may not be counted until the day of the election after 7:00 |
| 14 | | p.m., except as provided in subsections (g) and (g-5). |
| 15 | | (c) Each vote by mail voter's ballot that is mailed to an |
| 16 | | election authority and postmarked no later than election day, |
| 17 | | but that is received by the election authority after the polls |
| 18 | | close on election day and before the close of the period for |
| 19 | | counting provisional ballots cast at that election, shall be |
| 20 | | endorsed by the receiving authority with the day and hour of |
| 21 | | receipt and shall be counted at the central ballot counting |
| 22 | | location of the election authority during the period for |
| 23 | | counting provisional ballots. |
| 24 | | Each vote by mail voter's ballot that is mailed to an |
| 25 | | election authority absent a postmark or a barcode usable with |
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| 1 | | an intelligent mail barcode tracking system, but that is |
| 2 | | received by the election authority after the polls close on |
| 3 | | election day and before the close of the period for counting |
| 4 | | provisional ballots cast at that election, shall be endorsed |
| 5 | | by the receiving authority with the day and hour of receipt, |
| 6 | | opened to inspect the date inserted on the certification, and, |
| 7 | | if the certification date is election day or earlier and the |
| 8 | | ballot is otherwise found to be valid under the requirements |
| 9 | | of this Section, counted at the central ballot counting |
| 10 | | location of the election authority during the period for |
| 11 | | counting provisional ballots. Absent a date on the |
| 12 | | certification, the ballot shall not be counted. |
| 13 | | If an election authority is using an intelligent mail |
| 14 | | barcode tracking system, a ballot that is mailed to an |
| 15 | | election authority absent a postmark may be counted if the |
| 16 | | intelligent mail barcode tracking system verifies the envelope |
| 17 | | was mailed no later than election day. |
| 18 | | (d) Special write-in vote by mail voter's blank ballots |
| 19 | | returned to an election authority, by any means authorized by |
| 20 | | this Article, and received by the election authority at any |
| 21 | | time before the closing of the polls on election day shall be |
| 22 | | endorsed by the receiving election authority with the day and |
| 23 | | hour of receipt and shall be counted at the central ballot |
| 24 | | counting location of the election authority during the same |
| 25 | | period provided for counting vote by mail voters' ballots |
| 26 | | under subsections (b), (g), and (g-5). Special write-in vote |
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| 1 | | by mail voter's blank ballot that are mailed to an election |
| 2 | | authority and postmarked no later than election day, but that |
| 3 | | are received by the election authority after the polls close |
| 4 | | on election day and before the closing of the period for |
| 5 | | counting provisional ballots cast at that election, shall be |
| 6 | | endorsed by the receiving authority with the day and hour of |
| 7 | | receipt and shall be counted at the central ballot counting |
| 8 | | location of the election authority during the same periods |
| 9 | | provided for counting vote by mail voters' ballots under |
| 10 | | subsection (c). |
| 11 | | (e) Except as otherwise provided in this Section, vote by |
| 12 | | mail voters' ballots and special write-in vote by mail voter's |
| 13 | | blank ballots received by the election authority after the |
| 14 | | closing of the polls on the day of election shall be endorsed |
| 15 | | by the person receiving the ballots with the day and hour of |
| 16 | | receipt and shall be safely kept unopened by the election |
| 17 | | authority for the period of time required for the preservation |
| 18 | | of ballots used at the election, and shall then, without being |
| 19 | | opened, be destroyed in like manner as the used ballots of that |
| 20 | | election. |
| 21 | | (f) Counting required under this Section shall to begin 7 |
| 22 | | calendar days before on election day after the closing of the |
| 23 | | polls shall commence no later than 8:00 p.m. and shall be |
| 24 | | conducted by a panel or panels of election judges appointed in |
| 25 | | the manner provided by law. The counting shall continue until |
| 26 | | all vote by mail voters' ballots and special write-in vote by |
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| 1 | | mail voter's blank ballots required to be counted on election |
| 2 | | day have been counted. An election authority shall not release |
| 3 | | the results of any counting done under this subsection until |
| 4 | | after the closing of the polls on election day. |
| 5 | | (g) The procedures set forth in Articles 17 and 18 of this |
| 6 | | Code shall apply to all ballots counted under this Section. In |
| 7 | | addition, within 2 days after a ballot subject to this Article |
| 8 | | is received, but in all cases before the close of the period |
| 9 | | for counting provisional ballots, the election judge or |
| 10 | | official shall compare the voter's signature on the |
| 11 | | certification envelope of that ballot with the signature of |
| 12 | | the voter on file in the office of the election authority. If |
| 13 | | the election judge or official determines that the 2 |
| 14 | | signatures match, and that the voter is otherwise qualified to |
| 15 | | cast a ballot under this Article, the election authority shall |
| 16 | | cast and count the ballot on election day or the day the ballot |
| 17 | | is determined to be valid, whichever is later, adding the |
| 18 | | results to the precinct in which the voter is registered. If |
| 19 | | the election judge or official determines that the signatures |
| 20 | | do not match, or that the voter is not qualified to cast a |
| 21 | | ballot under this Article, then without opening the |
| 22 | | certification envelope, the judge or official shall mark |
| 23 | | across the face of the certification envelope the word |
| 24 | | "Rejected" and shall not cast or count the ballot. |
| 25 | | In addition to the voter's signatures not matching, a |
| 26 | | ballot subject to this Article may be rejected by the election |
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| 1 | | judge or official: |
| 2 | | (1) if the ballot envelope is open or has been opened |
| 3 | | and resealed; |
| 4 | | (2) if the voter has already cast an early or grace |
| 5 | | period ballot; |
| 6 | | (3) if the voter voted in person on election day or the |
| 7 | | voter is not a duly registered voter in the precinct; or |
| 8 | | (4) on any other basis set forth in this Code. |
| 9 | | If the election judge or official determines that any of |
| 10 | | these reasons apply, the judge or official shall mark across |
| 11 | | the face of the certification envelope the word "Rejected" and |
| 12 | | shall not cast or count the ballot. |
| 13 | | (g-5) If a ballot subject to this Article is rejected by |
| 14 | | the election judge or official for any reason, the election |
| 15 | | authority shall, within 2 days after the rejection but in all |
| 16 | | cases before the close of the period for counting provisional |
| 17 | | ballots, notify the voter that his or her ballot was rejected. |
| 18 | | The notice shall inform the voter of the reason or reasons the |
| 19 | | ballot was rejected and shall state that the voter may appear |
| 20 | | before the election authority, on or before the 14th day after |
| 21 | | the election, to show cause as to why the ballot should not be |
| 22 | | rejected. The voter may present evidence to the election |
| 23 | | authority supporting his or her contention that the ballot |
| 24 | | should be counted. The election authority shall appoint a |
| 25 | | panel of 3 election judges to review the contested ballot, |
| 26 | | application, and certification envelope, as well as any |
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| 1 | | evidence submitted by the vote by mail voter. No more than 2 |
| 2 | | election judges on the reviewing panel shall be of the same |
| 3 | | political party. The reviewing panel of election judges shall |
| 4 | | make a final determination as to the validity of the contested |
| 5 | | ballot. The judges' determination shall not be reviewable |
| 6 | | either administratively or judicially. |
| 7 | | A ballot subject to this subsection that is determined to |
| 8 | | be valid shall be counted before the close of the period for |
| 9 | | counting provisional ballots. |
| 10 | | (g-10) All ballots determined to be valid shall be added |
| 11 | | to the vote totals for the precincts for which they were cast |
| 12 | | in the order in which the ballots were opened. |
| 13 | | (h) Each political party, candidate, and qualified civic |
| 14 | | organization shall be entitled to have present one pollwatcher |
| 15 | | for each panel of election judges therein assigned. |
| 16 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.) |
| 17 | | Article 115. |
| 18 | | Section 115-5. The Election Code is amended by changing |
| 19 | | Section 10-4 as follows: |
| 20 | | (10 ILCS 5/10-4) (from Ch. 46, par. 10-4) |
| 21 | | Sec. 10-4. Form of petition for nomination. All petitions |
| 22 | | for nomination under this Article 10 for candidates for public |
| 23 | | office in this State, shall in addition to other requirements |
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| 1 | | provided by law, be as follows: Such petitions shall consist |
| 2 | | of sheets of uniform size and each sheet shall contain, above |
| 3 | | the space for signature, an appropriate heading, giving the |
| 4 | | information as to name of candidate or candidates in whose |
| 5 | | behalf such petition is signed; the office; the party; place |
| 6 | | of residence; and such other information or wording as |
| 7 | | required to make same valid, and the heading of each sheet |
| 8 | | shall be the same. Such petition shall be signed by the |
| 9 | | qualified voters in their own proper persons only, and |
| 10 | | opposite the signature of each signer his residence address |
| 11 | | shall be written or printed. The residence address required to |
| 12 | | be written or printed opposite each qualified primary |
| 13 | | elector's name shall include the street address or rural route |
| 14 | | number of the signer, as the case may be, as well as the |
| 15 | | signer's county, and city, village or town, and state. |
| 16 | | However, the county or city, village or town, and state of |
| 17 | | residence of such electors may be printed on the petition |
| 18 | | forms where all of the electors signing the petition reside in |
| 19 | | the same county or city, village or town, and state. Standard |
| 20 | | abbreviations may be used in writing the residence address, |
| 21 | | including street number, if any. Except as otherwise provided |
| 22 | | in this Code, no signature shall be valid or be counted in |
| 23 | | considering the validity or sufficiency of such petition |
| 24 | | unless the requirements of this Section are complied with. At |
| 25 | | the bottom of each sheet of such petition shall be added a |
| 26 | | circulator's statement, signed by a person 18 years of age or |
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| 1 | | older who is a citizen of the United States; stating the street |
| 2 | | address or rural route number, as the case may be, as well as |
| 3 | | the county, city, village or town, and state; certifying that |
| 4 | | the signatures on that sheet of the petition were signed in his |
| 5 | | or her presence; certifying that the signatures are genuine; |
| 6 | | and either (1) indicating the dates on which that sheet was |
| 7 | | circulated, or (2) indicating the first and last dates on |
| 8 | | which the sheet was circulated, or (3) certifying that none of |
| 9 | | the signatures on the sheet were signed more than 90 days |
| 10 | | preceding the last day for the filing of the petition; and |
| 11 | | certifying that to the best of his knowledge and belief the |
| 12 | | persons so signing were at the time of signing the petition |
| 13 | | duly registered voters under Article 4, 5, or 6 of this Code of |
| 14 | | the political subdivision or district for which the candidate |
| 15 | | or candidates shall be nominated, and certifying that their |
| 16 | | respective residences are correctly stated therein. Such |
| 17 | | statement shall be sworn to before some officer authorized to |
| 18 | | administer oaths in this State. Except as otherwise provided |
| 19 | | in this Code, no petition sheet shall be circulated more than |
| 20 | | 90 days preceding the last day provided in Section 10-6 for the |
| 21 | | filing of such petition. Such sheets, before being presented |
| 22 | | to the electoral board or filed with the proper officer of the |
| 23 | | electoral district or division of the state or municipality, |
| 24 | | as the case may be, shall be neatly fastened together in book |
| 25 | | form, by placing the sheets in a pile and fastening them |
| 26 | | together at one edge in a secure and suitable manner, and the |
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| 1 | | sheets shall then be numbered consecutively. The sheets shall |
| 2 | | not be fastened by pasting them together end to end, so as to |
| 3 | | form a continuous strip or roll. All petition sheets which are |
| 4 | | filed with the proper local election officials, election |
| 5 | | authorities or the State Board of Elections shall be the |
| 6 | | original sheets which have been signed by the voters and by the |
| 7 | | circulator, and not photocopies or duplicates of such sheets. |
| 8 | | A petition, when presented or filed, shall not be withdrawn, |
| 9 | | altered, or added to, and no signature shall be revoked except |
| 10 | | by revocation in writing presented or filed with the officers |
| 11 | | or officer with whom the petition is required to be presented |
| 12 | | or filed, and before the presentment or filing of such |
| 13 | | petition. Whoever forges any name of a signer upon any |
| 14 | | petition shall be deemed guilty of a forgery, and on |
| 15 | | conviction thereof, shall be punished accordingly. The word |
| 16 | | "petition" or "petition for nomination", as used herein, shall |
| 17 | | mean what is sometimes known as nomination papers, in |
| 18 | | distinction to what is known as a certificate of nomination. |
| 19 | | The words "political division for which the candidate is |
| 20 | | nominated", or its equivalent, shall mean the largest |
| 21 | | political division in which all qualified voters may vote upon |
| 22 | | such candidate or candidates, as the state in the case of state |
| 23 | | officers; the township in the case of township officers et |
| 24 | | cetera. Except as provided for in Article 34 of the School |
| 25 | | Code, Provided, further, that no person shall circulate or |
| 26 | | certify petitions for candidates of more than one political |
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| 1 | | party, or for an independent candidate or candidates in |
| 2 | | addition to one political party, to be voted upon at the next |
| 3 | | primary or general election, or for such candidates and |
| 4 | | parties with respect to the same political subdivision at the |
| 5 | | next consolidated election. |
| 6 | | (Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.) |
| 7 | | Section 115-10. The School Code is amended by changing |
| 8 | | Section 34-4.1 as follows: |
| 9 | | (105 ILCS 5/34-4.1) |
| 10 | | Sec. 34-4.1. Nomination petitions. In addition to the |
| 11 | | requirements of the general election law, the form of |
| 12 | | petitions under Section 34-4 of this Code shall be |
| 13 | | substantially as follows: |
| 14 | | NOMINATING PETITIONS |
| 15 | | (LEAVE OUT THE INAPPLICABLE PART.) |
| 16 | | To the Board of Election Commissioners for the City of |
| 17 | | Chicago: |
| 18 | | We the undersigned, being (.... or more) of the voters |
| 19 | | residing within said district, hereby petition that .... who |
| 20 | | resides at .... in the City of Chicago shall be a candidate for |
| 21 | | the office of .... of the Chicago Board of Education (full |
| 22 | | term) (vacancy) to be voted for at the election to be held on |
| 23 | | (insert date). |
| 24 | | Name: .................. Address: ................... |
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| 1 | | In the designation of the name of a candidate on a petition |
| 2 | | for nomination, the candidate's given name or names, initial |
| 3 | | or initials, a nickname by which the candidate is commonly |
| 4 | | known, or a combination thereof may be used in addition to the |
| 5 | | candidate's surname. If a candidate has changed his or her |
| 6 | | name, whether by a statutory or common law procedure in |
| 7 | | Illinois or any other jurisdiction, within 3 years before the |
| 8 | | last day for filing the petition, then (i) the candidate's |
| 9 | | name on the petition must be followed by "formerly known as |
| 10 | | (list all prior names during the 3-year period) until name |
| 11 | | changed on (list date of each such name change)" and (ii) the |
| 12 | | petition must be accompanied by the candidate's affidavit |
| 13 | | stating the candidate's previous names during the period |
| 14 | | specified in clause (i) and the date or dates each of those |
| 15 | | names was changed; failure to meet these requirements shall be |
| 16 | | grounds for denying certification of the candidate's name for |
| 17 | | the ballot, but these requirements do not apply to name |
| 18 | | changes to conform a candidate's name to the candidate's |
| 19 | | identity or name changes resulting from adoption to assume an |
| 20 | | adoptive parent's or parents' surname, marriage or civil union |
| 21 | | to assume a spouse's surname, or dissolution of marriage or |
| 22 | | civil union or declaration of invalidity of marriage to assume |
| 23 | | a former surname. No other designation, such as a political |
| 24 | | slogan, as defined by Section 7-17 of the Election Code, title |
| 25 | | or degree, or nickname suggesting or implying possession of a |
| 26 | | title, degree or professional status, or similar information |
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| 1 | | may be used in connection with the candidate's surname. |
| 2 | | All petitions for the nomination of members of the Chicago |
| 3 | | Board of Education shall be filed with the board of election |
| 4 | | commissioners of the jurisdiction in which the principal |
| 5 | | office of the school district is located and shall be |
| 6 | | prepared, filed, and certified as outlined in Article 10 of |
| 7 | | the Election Code. The board of election commissioners shall |
| 8 | | receive and file only those petitions that include a statement |
| 9 | | of candidacy, the required number of voter signatures, the |
| 10 | | notarized signature of the petition circulator, and a receipt |
| 11 | | from the county clerk showing that the candidate has filed a |
| 12 | | statement of economic interests on or before the last day to |
| 13 | | file as required by the Illinois Governmental Ethics Act. A |
| 14 | | person may circulate or certify petitions for candidates for |
| 15 | | the offices under this Article even if that person has |
| 16 | | circulated or certified petitions for a candidate of a |
| 17 | | political party or an independent candidate during the same |
| 18 | | election cycle. The changes made to this Section by this |
| 19 | | amendatory Act of the 104th General Assembly shall apply to |
| 20 | | all petitions circulated or filed on and after January 1, |
| 21 | | 2025. The board of election commissioners may have petition |
| 22 | | forms available for issuance to potential candidates and may |
| 23 | | give notice of the petition filing period by publication in a |
| 24 | | newspaper of general circulation within the school district |
| 25 | | not less than 10 days prior to the first day of filing. The |
| 26 | | board of election commissioners shall make certification to |
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| 1 | | the proper election authorities in accordance with the general |
| 2 | | election law. |
| 3 | | The board of election commissioners of the jurisdiction in |
| 4 | | which the principal office of the school district is located |
| 5 | | shall notify the candidates for whom a petition for nomination |
| 6 | | is filed or the appropriate committee of the obligations under |
| 7 | | the Campaign Financing Act as provided in the general election |
| 8 | | law. Such notice shall be given on a form prescribed by the |
| 9 | | State Board of Elections and in accordance with the |
| 10 | | requirements of the general election law. The board of |
| 11 | | election commissioners shall within 7 days of filing or on the |
| 12 | | last day for filing, whichever is earlier, acknowledge to the |
| 13 | | petitioner in writing the office's acceptance of the petition. |
| 14 | | A candidate for membership on the Chicago Board of |
| 15 | | Education who has petitioned for nomination to fill a full |
| 16 | | term and to fill a vacant term to be voted upon at the same |
| 17 | | election must withdraw his or her petition for nomination from |
| 18 | | either the full term or the vacant term by written |
| 19 | | declaration. |
| 20 | | Nomination petitions are not valid unless the candidate |
| 21 | | named therein files with the board of election commissioners a |
| 22 | | receipt from the county clerk showing that the candidate has |
| 23 | | filed a statement of economic interests as required by the |
| 24 | | Illinois Governmental Ethics Act. Such receipt shall be so |
| 25 | | filed either previously during the calendar year in which his |
| 26 | | or her nomination papers were filed or within the period for |
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| 1 | | the filing of nomination papers in accordance with the general |
| 2 | | election law. |
| 3 | | (Source: P.A. 103-467, eff. 8-4-23; 103-584, eff. 3-18-24; |
| 4 | | 104-434, eff. 11-21-25.) |
| 5 | | Article 120. |
| 6 | | Section 120-5. The Lobbyist Registration Act is amended by |
| 7 | | changing Section 10 and by adding Section 4.8 as follows: |
| 8 | | (25 ILCS 170/4.8 new) |
| 9 | | Sec. 4.8. Use of elected titles. No person registered |
| 10 | | under this Act may use a current or former elected or appointed |
| 11 | | governmental title on any business card, letterhead, or email |
| 12 | | that is used to solicit business or lobby under this Act. |
| 13 | | (25 ILCS 170/10) (from Ch. 63, par. 180) |
| 14 | | Sec. 10. Penalties. |
| 15 | | (a) Any person who violates any of the provisions of this |
| 16 | | Act, except for a violation of Section 4.7 or 4.8 or paragraph |
| 17 | | (d) of Section 5, shall be guilty of a business offense and |
| 18 | | shall be fined not more than $10,000 for each violation. Every |
| 19 | | day that a report or registration is late shall constitute a |
| 20 | | separate violation. In determining the appropriate fine for |
| 21 | | each violation, the trier of fact shall consider the scope of |
| 22 | | the entire lobbying project, the nature of activities |
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| 1 | | conducted during the time the person was in violation of this |
| 2 | | Act, and whether or not the violation was intentional or |
| 3 | | unreasonable. |
| 4 | | (a-5) A violation of Section 4.7 or paragraph (d) of |
| 5 | | Section 5 shall be considered a violation of the State |
| 6 | | Officials and Employees Ethics Act, subject to the |
| 7 | | jurisdiction of the Executive Ethics Commission and to all |
| 8 | | penalties under Section 50-5 of the State Officials and |
| 9 | | Employees Ethics Act. |
| 10 | | (a-10) Any person who violates Section 4.8 shall be guilty |
| 11 | | of a business offense and shall be fined not more than $1,000 |
| 12 | | for each violation. |
| 13 | | (b) In addition to the penalties provided for in |
| 14 | | subsections (a) and (a-5) of this Section, any person |
| 15 | | convicted of any violation of any provision of this Act is |
| 16 | | prohibited for a period of three years from the date of such |
| 17 | | conviction from lobbying. |
| 18 | | (c) There is created in the State treasury a special fund |
| 19 | | to be known as the Lobbyist Registration Administration Fund. |
| 20 | | All fines collected in the enforcement of this Section shall |
| 21 | | be deposited into the Fund. These funds shall, subject to |
| 22 | | appropriation, be used by the Office of the Secretary of State |
| 23 | | for implementation and administration of this Act. |
| 24 | | (Source: P.A. 100-554, eff. 11-16-17.) |
| 25 | | Article 155. |
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| 1 | | Section 155-5. The Election Code is amended by adding |
| 2 | | Section 19-25 as follows: |
| 3 | | (10 ILCS 5/19-25 new) |
| 4 | | Sec. 19-25. Vote by mail tracking. In conjunction with |
| 5 | | election authorities, the State Board of Elections shall |
| 6 | | implement, by January 1, 2027, a secure, free access system |
| 7 | | available to voters in each election authority that allows |
| 8 | | each vote by mail voter to: |
| 9 | | (1) track the delivery and receipt of the voter's vote |
| 10 | | by mail ballot by the election authority; and |
| 11 | | (2) learn if the voter's vote by mail ballot was |
| 12 | | accepted for counting and, if not, the reason why the |
| 13 | | ballot was rejected. |
| 14 | | For each election, the election authority shall make the |
| 15 | | secure, free access system available to vote by mail voters |
| 16 | | from the first day that vote by mail ballots are accepted until |
| 17 | | 30 days after completion of the official canvass. |
| 18 | | Article 165. |
| 19 | | Section 165-5. The School Code is amended by changing |
| 20 | | Section 10-20.56 as follows: |
| 21 | | (105 ILCS 5/10-20.56) |
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| 1 | | Sec. 10-20.56. E-learning days. |
| 2 | | (a) The State Board of Education shall establish and |
| 3 | | maintain, for implementation in school districts, a program |
| 4 | | for use of electronic-learning (e-learning) days, as described |
| 5 | | in this Section. School districts may utilize a program |
| 6 | | approved under this Section for use during remote learning |
| 7 | | days and blended remote learning days under Section 10-30 or |
| 8 | | 34-18.66. |
| 9 | | (b) The school board of a school district may, by |
| 10 | | resolution, adopt a research-based program or research-based |
| 11 | | programs for e-learning days district-wide that shall permit |
| 12 | | student instruction to be received electronically while |
| 13 | | students are not physically present in lieu of the district's |
| 14 | | scheduled emergency days as required by Section 10-19 of this |
| 15 | | Code or because a school was selected to be a polling place |
| 16 | | under Section 11-4.1 of the Election Code. Except as otherwise |
| 17 | | provided in this subsection (b), the The research-based |
| 18 | | program or programs may not exceed the minimum number of |
| 19 | | emergency days in the approved school calendar and must be |
| 20 | | verified annually by the regional office of education or |
| 21 | | intermediate service center for the school district before the |
| 22 | | implementation of any e-learning days in that school year to |
| 23 | | ensure access for all students. An e-learning day used by a |
| 24 | | school district under this subsection (b) due to a school |
| 25 | | being selected as a polling place under Section 11-4.1 of the |
| 26 | | Election Code does not count toward the school district's |
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| 1 | | minimum number of emergency days. The regional office of |
| 2 | | education or intermediate service center shall ensure that the |
| 3 | | specific needs of all students are met, including special |
| 4 | | education students and English learners, and that all mandates |
| 5 | | are still met using the proposed research-based program. The |
| 6 | | e-learning program may utilize the Internet, telephones, |
| 7 | | texts, chat rooms, or other similar means of electronic |
| 8 | | communication for instruction and interaction between teachers |
| 9 | | and students that meet the needs of all learners. The |
| 10 | | e-learning program shall address the school district's |
| 11 | | responsibility to ensure that all teachers and staff who may |
| 12 | | be involved in the provision of e-learning have access to any |
| 13 | | and all hardware and software that may be required for the |
| 14 | | program. If a proposed program does not address this |
| 15 | | responsibility, the school district must propose an alternate |
| 16 | | program. |
| 17 | | (c) Before its adoption by a school board, the school |
| 18 | | board must hold a public hearing on a school district's |
| 19 | | initial proposal for an e-learning program or for renewal of |
| 20 | | such a program, at a regular or special meeting of the school |
| 21 | | board, in which the terms of the proposal must be |
| 22 | | substantially presented and an opportunity for allowing public |
| 23 | | comments must be provided. Notice of such public hearing must |
| 24 | | be provided at least 10 days prior to the hearing by: |
| 25 | | (1) publication in a newspaper of general circulation |
| 26 | | in the school district; |
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| 1 | | (2) written or electronic notice designed to reach the |
| 2 | | parents or guardians of all students enrolled in the |
| 3 | | school district; and |
| 4 | | (3) written or electronic notice designed to reach any |
| 5 | | exclusive collective bargaining representatives of school |
| 6 | | district employees and all those employees not in a |
| 7 | | collective bargaining unit. |
| 8 | | (d) The regional office of education or intermediate |
| 9 | | service center for the school district must timely verify that |
| 10 | | a proposal for an e-learning program has met the requirements |
| 11 | | specified in this Section and that the proposal contains |
| 12 | | provisions designed to reasonably and practicably accomplish |
| 13 | | the following: |
| 14 | | (1) to ensure and verify at least 5 clock hours of |
| 15 | | instruction or school work, as required under Section |
| 16 | | 10-19.05, for each student participating in an e-learning |
| 17 | | day; |
| 18 | | (2) to ensure access from home or other appropriate |
| 19 | | remote facility for all students participating, including |
| 20 | | computers, the Internet, and other forms of electronic |
| 21 | | communication that must be utilized in the proposed |
| 22 | | program; |
| 23 | | (2.5) to ensure that non-electronic materials are made |
| 24 | | available to students participating in the program who do |
| 25 | | not have access to the required technology or to |
| 26 | | participating teachers or students who are prevented from |
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| 1 | | accessing the required technology; |
| 2 | | (3) to ensure appropriate learning opportunities for |
| 3 | | students with special needs; |
| 4 | | (4) to monitor and verify each student's electronic |
| 5 | | participation; |
| 6 | | (5) to address the extent to which student |
| 7 | | participation is within the student's control as to the |
| 8 | | time, pace, and means of learning; |
| 9 | | (6) to provide effective notice to students and their |
| 10 | | parents or guardians of the use of particular days for |
| 11 | | e-learning; |
| 12 | | (7) to provide staff and students with adequate |
| 13 | | training for e-learning days' participation; |
| 14 | | (8) to ensure an opportunity for any collective |
| 15 | | bargaining negotiations with representatives of the school |
| 16 | | district's employees that would be legally required, |
| 17 | | including all classifications of school district employees |
| 18 | | who are represented by collective bargaining agreements |
| 19 | | and who would be affected in the event of an e-learning |
| 20 | | day; |
| 21 | | (9) to review and revise the program as implemented to |
| 22 | | address difficulties confronted; and |
| 23 | | (10) to ensure that the protocol regarding general |
| 24 | | expectations and responsibilities of the program is |
| 25 | | communicated to teachers, staff, and students at least 30 |
| 26 | | days prior to utilizing an e-learning day in a school |
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| 1 | | year. |
| 2 | | The school board's approval of a school district's initial |
| 3 | | e-learning program and renewal of the e-learning program shall |
| 4 | | be for a term of 3 school years, beginning with the first |
| 5 | | school year in which the program was approved and verified by |
| 6 | | the regional office of education or intermediate service |
| 7 | | center for the school district. |
| 8 | | (d-5) A school district shall pay to its contractors who |
| 9 | | provide educational support services to the district, |
| 10 | | including, but not limited to, custodial, transportation, or |
| 11 | | food service providers, their daily, regular rate of pay or |
| 12 | | billings rendered for any e-learning day that is used because |
| 13 | | a school was selected to be a polling place under Section |
| 14 | | 11-4.1 of the Election Code, except that this requirement does |
| 15 | | not apply to contractors who are paid under contracts that are |
| 16 | | entered into, amended, or renewed on or after March 15, 2022 or |
| 17 | | to contracts that otherwise address compensation for such |
| 18 | | e-learning days. |
| 19 | | (d-10) A school district shall pay to its employees who |
| 20 | | provide educational support services to the district, |
| 21 | | including, but not limited to, custodial employees, building |
| 22 | | maintenance employees, transportation employees, food service |
| 23 | | providers, classroom assistants, or administrative staff, |
| 24 | | their daily, regular rate of pay and benefits rendered for any |
| 25 | | school closure or e-learning day if the closure precludes them |
| 26 | | from performing their regularly scheduled duties and the |
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| 1 | | employee would have reported for work but for the closure, |
| 2 | | except this requirement does not apply if the day is |
| 3 | | rescheduled and the employee will be paid their daily, regular |
| 4 | | rate of pay and benefits for the rescheduled day when services |
| 5 | | are rendered. |
| 6 | | (d-15) A school district shall make full payment that |
| 7 | | would have otherwise been paid to its contractors who provide |
| 8 | | educational support services to the district, including, but |
| 9 | | not limited to, custodial, building maintenance, |
| 10 | | transportation, food service providers, classroom assistants, |
| 11 | | or administrative staff, their daily, regular rate of pay and |
| 12 | | benefits rendered for any school closure or e-learning day if |
| 13 | | any closure precludes them from performing their regularly |
| 14 | | scheduled duties and employees would have reported for work |
| 15 | | but for the closure. The employees who provide the support |
| 16 | | services covered by such contracts shall be paid their daily |
| 17 | | bid package rates and benefits as defined by their local |
| 18 | | operating agreements or collective bargaining agreements, |
| 19 | | except this requirement does not apply if the day is |
| 20 | | rescheduled and the employee will be paid their daily, regular |
| 21 | | rate of pay and benefits for the rescheduled day when services |
| 22 | | are rendered. |
| 23 | | (d-20) A school district shall make full payment or |
| 24 | | reimbursement to an employee or contractor as specified in |
| 25 | | subsection (d-10) or (d-15) of this Section for any school |
| 26 | | closure or e-learning day in the 2021-2022 school year that |
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| 1 | | occurred prior to the effective date of this amendatory Act of |
| 2 | | the 102nd General Assembly if the employee or contractor did |
| 3 | | not receive pay or was required to use earned paid time off, |
| 4 | | except this requirement does not apply if the day is |
| 5 | | rescheduled and the employee will be paid their daily, regular |
| 6 | | rate of pay and benefits for the rescheduled day when services |
| 7 | | are rendered. |
| 8 | | (e) The State Board of Education may adopt rules |
| 9 | | consistent with the provision of this Section. |
| 10 | | (f) For purposes of subsections (d-10), (d-15), and (d-20) |
| 11 | | of this Section: |
| 12 | | "Employee" means anyone employed by a school district on |
| 13 | | or after the effective date of this amendatory Act of the 102nd |
| 14 | | General Assembly. |
| 15 | | "School district" includes charter schools established |
| 16 | | under Article 27A of this Code, but does not include the |
| 17 | | Department of Juvenile Justice School District. |
| 18 | | (Source: P.A. 102-584, eff. 6-1-22; 102-697, eff. 4-5-22; |
| 19 | | 103-780, eff. 8-2-24.) |
| 20 | | Article 175. |
| 21 | | Section 175-5. The Election Code is amended by changing |
| 22 | | Sections 17-23, 17-29, 29-4, and 29-17 as follows: |
| 23 | | (10 ILCS 5/17-23) (from Ch. 46, par. 17-23) |
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| 1 | | Sec. 17-23. Pollwatchers in a general election shall be |
| 2 | | authorized in the following manner: |
| 3 | | (1) Each established political party shall be entitled to |
| 4 | | appoint two pollwatchers per precinct. Such pollwatchers must |
| 5 | | be affiliated with the political party for which they are |
| 6 | | pollwatching. For all elections, the pollwatchers must be |
| 7 | | registered to vote in Illinois. |
| 8 | | (2) Each candidate shall be entitled to appoint two |
| 9 | | pollwatchers per precinct. For all elections, the pollwatchers |
| 10 | | must be registered to vote in Illinois. |
| 11 | | (3) Each organization of citizens within the county or |
| 12 | | political subdivision, which has among its purposes or |
| 13 | | interests the investigation or prosecution of election frauds, |
| 14 | | and which shall have registered its name and address and the |
| 15 | | name and addresses of its principal officers with the proper |
| 16 | | election authority at least 40 days before the election, shall |
| 17 | | be entitled to appoint one pollwatcher per precinct. For all |
| 18 | | elections, the pollwatcher must be registered to vote in |
| 19 | | Illinois. |
| 20 | | (3.5) Each State nonpartisan civic organization within the |
| 21 | | county or political subdivision shall be entitled to appoint |
| 22 | | one pollwatcher per precinct, provided that no more than 2 |
| 23 | | pollwatchers appointed by State nonpartisan civic |
| 24 | | organizations shall be present in a precinct polling place at |
| 25 | | the same time. Each organization shall have registered the |
| 26 | | names and addresses of its principal officers with the proper |
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| 1 | | election authority at least 40 days before the election. The |
| 2 | | pollwatchers must be registered to vote in Illinois. For the |
| 3 | | purpose of this paragraph, a "State nonpartisan civic |
| 4 | | organization" means any corporation, unincorporated |
| 5 | | association, or organization that: |
| 6 | | (i) as part of its written articles of incorporation, |
| 7 | | bylaws, or charter or by separate written declaration, has |
| 8 | | among its stated purposes the provision of voter |
| 9 | | information and education, the protection of individual |
| 10 | | voters' rights, and the promotion of free and equal |
| 11 | | elections; |
| 12 | | (ii) is organized or primarily conducts its activities |
| 13 | | within the State of Illinois; and |
| 14 | | (iii) continuously maintains an office or business |
| 15 | | location within the State of Illinois, together with a |
| 16 | | current listed telephone number (a post office box number |
| 17 | | without a current listed telephone number is not |
| 18 | | sufficient). |
| 19 | | (4) In any general election held to elect candidates for |
| 20 | | the offices of a municipality of less than 3,000,000 |
| 21 | | population that is situated in 2 or more counties, a |
| 22 | | pollwatcher who is a resident of Illinois shall be eligible to |
| 23 | | serve as a pollwatcher in any poll located within such |
| 24 | | municipality, provided that such pollwatcher otherwise |
| 25 | | complies with the respective requirements of subsections (1) |
| 26 | | through (3) of this Section and is a registered voter in |
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| 1 | | Illinois. |
| 2 | | (5) Each organized group of proponents or opponents of a |
| 3 | | ballot proposition, which shall have registered the name and |
| 4 | | address of its organization or committee and the name and |
| 5 | | address of its chair with the proper election authority at |
| 6 | | least 40 days before the election, shall be entitled to |
| 7 | | appoint one pollwatcher per precinct. The pollwatcher must be |
| 8 | | registered to vote in Illinois. |
| 9 | | All pollwatchers shall be required to have proper |
| 10 | | credentials. Such credentials shall be printed in sufficient |
| 11 | | quantities, shall be issued by and under the facsimile |
| 12 | | signature(s) of the election authority or the State Board of |
| 13 | | Elections and shall be available for distribution by the |
| 14 | | election authority and State Board of Elections at least 2 |
| 15 | | weeks prior to the election. Such credentials shall be |
| 16 | | authorized by the real or facsimile signature of the State or |
| 17 | | local party official or the candidate or the presiding officer |
| 18 | | of the civic organization or the chair of the proponent or |
| 19 | | opponent group, as the case may be. Neither the election |
| 20 | | authority nor the State Board of Elections may require any |
| 21 | | such party official or the candidate or the presiding officer |
| 22 | | of the civic organization or the chair of the proponent or |
| 23 | | opponent group to submit the names or other information |
| 24 | | concerning pollwatchers before making credentials available to |
| 25 | | such persons or organizations. |
| 26 | | Pollwatcher credentials shall be in substantially the |
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| 1 | | following form: |
| 2 | | POLLWATCHER CREDENTIALS |
| 3 | | TO THE JUDGES OF ELECTION: |
| 4 | | In accordance with the provisions of the Election Code, |
| 5 | | the undersigned hereby appoints .......... (name of |
| 6 | | pollwatcher) who resides at ........... (address) in the |
| 7 | | county of ..........., .......... (township or municipality) |
| 8 | | of ........... (name), State of Illinois and who is duly |
| 9 | | registered to vote from this address, to act as a pollwatcher |
| 10 | | in the ........... precinct of the ........... ward (if |
| 11 | | applicable) of the ........... (township or municipality) of |
| 12 | | ........... at the ........... election to be held on (insert |
| 13 | | date). |
| 14 | | ........................ (Signature of Appointing Authority) |
| 15 | | ......................... TITLE (party official, candidate,
|
| 16 | | civic organization president,
|
| 17 | | proponent or opponent group chair) |
| 18 | | Under penalties provided by law pursuant to Section 29-10 |
| 19 | | of the Election Code, the undersigned pollwatcher certifies |
| 20 | | that he or she resides at ................ (address) in the |
| 21 | | county of ............, ......... (township or municipality) |
| 22 | | of ........... (name), State of Illinois, and is duly |
| 23 | | registered to vote in Illinois. |
| 24 | | .......................... ....................... |
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| 1 | | (Precinct and/or Ward in (Signature of Pollwatcher) |
| 2 | | Which Pollwatcher Resides) |
| 3 | | Pollwatchers must present their credentials to the Judges |
| 4 | | of Election upon entering the polling place. Pollwatcher |
| 5 | | credentials properly executed and signed shall be proof of the |
| 6 | | qualifications of the pollwatcher authorized thereby. Such |
| 7 | | credentials are retained by the Judges and returned to the |
| 8 | | Election Authority at the end of the day of election with the |
| 9 | | other election materials. Once a pollwatcher has surrendered a |
| 10 | | valid credential, he may leave and reenter the polling place |
| 11 | | provided that such continuing action does not disrupt the |
| 12 | | conduct of the election. Pollwatchers may be substituted |
| 13 | | during the course of the day, but established political |
| 14 | | parties, candidates and qualified civic organizations can have |
| 15 | | only as many pollwatchers at any given time as are authorized |
| 16 | | in this Article. A substitute must present his signed |
| 17 | | credential to the judges of election upon entering the polling |
| 18 | | place. Election authorities must provide a sufficient number |
| 19 | | of credentials to allow for substitution of pollwatchers. |
| 20 | | After the polls have closed pollwatchers shall be allowed to |
| 21 | | remain until the canvass of votes is completed; but may leave |
| 22 | | and reenter only in cases of necessity, provided that such |
| 23 | | action is not so continuous as to disrupt the canvass of votes. |
| 24 | | Candidates seeking office in a district or municipality |
| 25 | | encompassing 2 or more counties shall be admitted to any and |
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| 1 | | all polling places throughout such district or municipality |
| 2 | | without regard to the counties in which such candidates are |
| 3 | | registered to vote. Actions of such candidates shall be |
| 4 | | governed in each polling place by the same privileges and |
| 5 | | limitations that apply to pollwatchers as provided in this |
| 6 | | Section. Any such candidate who engages in an activity in a |
| 7 | | polling place which could reasonably be construed by a |
| 8 | | majority of the judges of election as campaign activity shall |
| 9 | | be removed forthwith from such polling place. |
| 10 | | Candidates seeking office in a district or municipality |
| 11 | | encompassing 2 or more counties who desire to be admitted to |
| 12 | | polling places on election day in such district or |
| 13 | | municipality shall be required to have proper credentials. |
| 14 | | Such credentials shall be printed in sufficient quantities, |
| 15 | | shall be issued by and under the facsimile signature of the |
| 16 | | State Board of Elections or the election authority of the |
| 17 | | election jurisdiction where the polling place in which the |
| 18 | | candidate seeks admittance is located, and shall be available |
| 19 | | for distribution at least 2 weeks prior to the election. Such |
| 20 | | credentials shall be signed by the candidate. |
| 21 | | Candidate credentials shall be in substantially the |
| 22 | | following form: |
| 23 | | CANDIDATE CREDENTIALS |
| 24 | | TO THE JUDGES OF ELECTION: |
| 25 | | In accordance with the provisions of the Election Code, I |
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| 1 | | ...... (name of candidate) hereby certify that I am a |
| 2 | | candidate for ....... (name of office) and seek admittance to |
| 3 | | ....... precinct of the ....... ward (if applicable) of the |
| 4 | | ....... (township or municipality) of ....... at the ....... |
| 5 | | election to be held on (insert date). |
| 6 | | ......................... ....................... |
| 7 | | (Signature of Candidate) OFFICE FOR WHICH
|
| 8 | | CANDIDATE SEEKS
|
| 9 | | NOMINATION OR
|
| 10 | | ELECTION |
| 11 | | Pollwatchers shall be permitted to observe all proceedings |
| 12 | | and view all reasonably requested records relating to the |
| 13 | | conduct of the election, provided the secrecy of the ballot is |
| 14 | | not impinged, and to station themselves in a position in the |
| 15 | | voting room as will enable them to observe the judges making |
| 16 | | the signature comparison between the voter application and the |
| 17 | | voter registration record card; provided, however, that such |
| 18 | | pollwatchers shall not be permitted to station themselves in |
| 19 | | such close proximity to the judges of election so as to |
| 20 | | interfere with the orderly conduct of the election and shall |
| 21 | | not, in any event, be permitted to handle election materials. |
| 22 | | Pollwatchers may challenge for cause the voting qualifications |
| 23 | | of a person offering to vote and may call to the attention of |
| 24 | | the judges of election any incorrect procedure or apparent |
| 25 | | violations of this Code. |
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| 1 | | If a majority of the judges of election determine that the |
| 2 | | polling place has become too overcrowded with pollwatchers so |
| 3 | | as to interfere with the orderly conduct of the election, the |
| 4 | | judges shall, by lot, limit such pollwatchers to a reasonable |
| 5 | | number, except that each established or new political party |
| 6 | | shall be permitted to have at least one pollwatcher present. |
| 7 | | Representatives of an election authority, with regard to |
| 8 | | an election under its jurisdiction, the State Board of |
| 9 | | Elections, and law enforcement agencies, including but not |
| 10 | | limited to a United States Attorney, a State's Attorney |
| 11 | | attorney, the Attorney General, and a State, county, or local |
| 12 | | police department, in the performance of their official |
| 13 | | election duties, shall be permitted at all times to enter and |
| 14 | | remain in the polling place. Upon entering the polling place, |
| 15 | | such representatives shall display their official credentials |
| 16 | | or other identification to the judges of election. |
| 17 | | Uniformed State and local police officers assigned to |
| 18 | | polling place duty shall follow all lawful instructions of the |
| 19 | | judges of election and have valid pollwatcher credentials. An |
| 20 | | election authority shall not permit a law enforcement agent to |
| 21 | | enter and remain in the polling place, unless the law |
| 22 | | enforcement agent is voting, is a candidate with valid |
| 23 | | pollwatcher credentials and is not performing law enforcement |
| 24 | | duties, is serving as a pollwatcher with valid pollwatcher |
| 25 | | credentials, is repelling armed enemies of the United States, |
| 26 | | is called upon by the election authority or judges of |
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| 1 | | election, or is required by court order. If a public school |
| 2 | | building is used as a polling place, students or staff are |
| 3 | | present in the building, and a public school official has a |
| 4 | | reasonable belief that there is an imminent threat to the |
| 5 | | safety of students or staff in the building, then the |
| 6 | | responding law enforcement agent may enter the polling place |
| 7 | | to perform law enforcement duties. If a church or place of |
| 8 | | worship is used as a polling place and an official of the |
| 9 | | church or place of worship has a reasonable belief that there |
| 10 | | is an imminent threat to the safety of individuals in the |
| 11 | | church or place of worship, then the responding law |
| 12 | | enforcement agent may enter the polling place to perform law |
| 13 | | enforcement duties. An election authority shall ensure that |
| 14 | | any law enforcement agent who is permitted to enter and remain |
| 15 | | in the polling place has provided the election authority with |
| 16 | | a valid pollwatcher credential. As used in this Section, "law |
| 17 | | enforcement agent" means an agent, subcontractor, or designee |
| 18 | | of federal, State, or local law enforcement authorized with |
| 19 | | the power to arrest or detain individuals, or manage the |
| 20 | | custody of detained individuals, for civil immigration |
| 21 | | enforcement. "Law enforcement agent" does not include an |
| 22 | | on-duty school resource officer, as defined in Section |
| 23 | | 10-20.68 of the School Code, assigned to the school being used |
| 24 | | as a polling place when students or staff are in the school |
| 25 | | building, representatives of State's Attorneys assigned to |
| 26 | | election duties, or representatives of the Attorney General's |
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| 1 | | Office assigned to election duties. |
| 2 | | The provisions of this Section shall also apply to |
| 3 | | supervised casting of vote by mail ballots as provided in |
| 4 | | Section 19-12.2 of this Act. |
| 5 | | Nothing in this Section shall be construed to prohibit a |
| 6 | | law enforcement agent or school resource officer from serving |
| 7 | | as a pollwatcher when the law enforcement agent is not |
| 8 | | performing law enforcement duties. |
| 9 | | Nothing in this Section shall be construed to prohibit a |
| 10 | | law enforcement agent from voting. |
| 11 | | Nothing in this Section applies to other spaces within a |
| 12 | | municipal building, public school building, or church or place |
| 13 | | of worship that are not being used as polls. |
| 14 | | The terms used in this Section shall be construed |
| 15 | | consistently with 18 U.S.C. 592. |
| 16 | | (Source: P.A. 100-1027, eff. 1-1-19.) |
| 17 | | (10 ILCS 5/17-29) (from Ch. 46, par. 17-29) |
| 18 | | Sec. 17-29. (a) No judge of election, pollwatcher, or |
| 19 | | other person shall, at any primary or election, do any |
| 20 | | electioneering or soliciting of votes or engage in any |
| 21 | | political discussion or engage in any practice that is |
| 22 | | intended to intimidate a voter within any polling place, |
| 23 | | within 100 feet of any polling place, or, at the option of a |
| 24 | | church or private school, on any of the property of that church |
| 25 | | or private school that is a polling place; no person shall |
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| 1 | | interrupt, hinder or oppose any voter while approaching within |
| 2 | | those areas for the purpose of voting. Judges of election |
| 3 | | shall enforce the provisions of this Section. |
| 4 | | (b) Election officers shall place 2 or more cones, small |
| 5 | | United States national flags, or some other marker a distance |
| 6 | | of 100 horizontal feet from each entrance to the room used by |
| 7 | | voters to engage in voting, which shall be known as the polling |
| 8 | | room. If the polling room is located within a building that is |
| 9 | | a private business, a public or private school, or a church or |
| 10 | | other organization founded for the purpose of religious |
| 11 | | worship and the distance of 100 horizontal feet ends within |
| 12 | | the interior of the building, then the markers shall be placed |
| 13 | | outside of the building at each entrance used by voters to |
| 14 | | enter that building on the grounds adjacent to the |
| 15 | | thoroughfare or walkway. If the polling room is located within |
| 16 | | a public or private building with 2 or more floors and the |
| 17 | | polling room is located on the ground floor, then the markers |
| 18 | | shall be placed 100 horizontal feet from each entrance to the |
| 19 | | polling room used by voters to engage in voting. If the polling |
| 20 | | room is located in a public or private building with 2 or more |
| 21 | | floors and the polling room is located on a floor above or |
| 22 | | below the ground floor, then the markers shall be placed a |
| 23 | | distance of 100 feet from the nearest elevator or staircase |
| 24 | | used by voters on the ground floor to access the floor where |
| 25 | | the polling room is located. The area within where the markers |
| 26 | | are placed shall be known as a campaign free zone, and |
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| 1 | | electioneering is prohibited pursuant to this subsection. |
| 2 | | Notwithstanding any other provision of this Section, a church |
| 3 | | or private school may choose to apply the campaign free zone to |
| 4 | | its entire property, and, if so, the markers shall be placed |
| 5 | | near the boundaries on the grounds adjacent to the |
| 6 | | thoroughfares or walkways leading to the entrances used by the |
| 7 | | voters. If an election authority maintains a website, no later |
| 8 | | than 5 days before election day, each election authority shall |
| 9 | | post on its website the name and address of every polling place |
| 10 | | designated as a campaign free zone. This information shall be |
| 11 | | immediately provided to any person upon request, and a |
| 12 | | requester shall not be required to submit a request under the |
| 13 | | Freedom of Information Act. |
| 14 | | The area on polling place property beyond the campaign |
| 15 | | free zone, whether publicly or privately owned, is a public |
| 16 | | forum for the time that the polls are open on an election day. |
| 17 | | At the request of election officers any publicly owned |
| 18 | | building must be made available for use as a polling place. A |
| 19 | | person shall have the right to congregate and engage in |
| 20 | | electioneering on any polling place property while the polls |
| 21 | | are open beyond the campaign free zone, including but not |
| 22 | | limited to, the placement of temporary signs. This subsection |
| 23 | | shall be construed liberally in favor of persons engaging in |
| 24 | | electioneering on all polling place property beyond the |
| 25 | | campaign free zone for the time that the polls are open on an |
| 26 | | election day. At or near the door of each polling place, the |
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| 1 | | election judges shall place signage indicating the proper |
| 2 | | entrance to the polling place. In addition, the election |
| 3 | | judges shall ensure that a sign identifying the location of |
| 4 | | the polling place is placed on a nearby public roadway. The |
| 5 | | State Board of Elections shall establish guidelines for the |
| 6 | | placement of polling place signage. |
| 7 | | (c) The regulation of electioneering on polling place |
| 8 | | property on an election day, including but not limited to the |
| 9 | | placement of temporary signs, is an exclusive power and |
| 10 | | function of the State. A home rule unit may not regulate |
| 11 | | electioneering and any ordinance or local law contrary to |
| 12 | | subsection (c) is declared void. This is a denial and |
| 13 | | limitation of home rule powers and functions under subsection |
| 14 | | (h) of Section 6 of Article VII of the Illinois Constitution. |
| 15 | | (Source: P.A. 98-1171, eff. 6-1-15.) |
| 16 | | (10 ILCS 5/29-4) (from Ch. 46, par. 29-4) |
| 17 | | Sec. 29-4. Prevention of voting, or candidate support, or |
| 18 | | performing official election duties. |
| 19 | | (a) Any person who, by force, intimidation, threat, |
| 20 | | deception or forgery, knowingly prevents any other person from |
| 21 | | or knowingly causes another person to be prevented from (i) |
| 22 | | (a) registering to vote, (ii) or (b) lawfully voting, (iii) |
| 23 | | supporting or opposing the nomination or election of any |
| 24 | | person for public office or any public question voted upon at |
| 25 | | any election, or (iv) discharging official election duties, |
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| 1 | | shall be guilty of a Class 4 felony. Notwithstanding any other |
| 2 | | provision of law, the Attorney General shall have concurrent |
| 3 | | jurisdiction with any State's Attorney in the prosecution of |
| 4 | | any offenses under this Section. |
| 5 | | (b) Notwithstanding any other provision of this Code, |
| 6 | | whenever the Attorney General has reasonable cause to believe |
| 7 | | a person has engaged in a pattern or practice of conduct that |
| 8 | | violates subsection (a) or that a violation of subsection (a) |
| 9 | | raises an issue of general public importance, the Attorney |
| 10 | | General may commence a civil action in the name of the People |
| 11 | | of this State to obtain appropriate equitable and declaratory |
| 12 | | relief, including any permanent or preliminary injunction, |
| 13 | | temporary restraining order, or other order, such as an order |
| 14 | | enjoining the defendant from engaging in the pattern or |
| 15 | | practice or ordering any action as may be appropriate. |
| 16 | | (c) The Attorney General may issue subpoenas in order to |
| 17 | | accomplish the objectives and to carry out the duties |
| 18 | | prescribed by this Section. Service by the Attorney General of |
| 19 | | any subpoena upon any person shall be made: |
| 20 | | (1) personally by delivery of a duly executed copy of |
| 21 | | the subpoena to the person to be served or, in the case of |
| 22 | | a public body, in the manner provided in Section 2-211 of |
| 23 | | the Code of Civil Procedure; or |
| 24 | | (2) by mailing by certified mail a duly executed copy |
| 25 | | of the subpoena to the person to be served at the person's |
| 26 | | last known abode or, in the case of a public body, to its |
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| 1 | | principal place of business. |
| 2 | | (d) If any person or public body fails or refuses to obey |
| 3 | | any subpoena issued under this Section, the Attorney General |
| 4 | | may file a complaint in the circuit court to obtain: |
| 5 | | (1) compliance with the subpoena; |
| 6 | | (2) injunctive relief to prevent a violation of this |
| 7 | | Section. |
| 8 | | (e) The Attorney General's determination that reasonable |
| 9 | | cause exists to believe that a violation of subsection (a) |
| 10 | | raises an issue of general public importance shall not be |
| 11 | | reviewable in any court. |
| 12 | | (f) The terms used in this Section shall be construed |
| 13 | | consistently with 18 U.S.C. 593 and 18 U.S.C. 595. |
| 14 | | (Source: P.A. 78-887.) |
| 15 | | (10 ILCS 5/29-17) (from Ch. 46, par. 29-17) |
| 16 | | Sec. 29-17. Deprivation of Constitutional Rights - |
| 17 | | Liability). |
| 18 | | (a) Any person who subjects, or causes to be subjected, a |
| 19 | | citizen of the State of Illinois or other person within the |
| 20 | | jurisdiction thereof to the deprivation of any rights, |
| 21 | | privileges, or immunities secured by the Constitution or laws |
| 22 | | of the United States or of the State of Illinois, relating to |
| 23 | | registration to vote, the conduct of elections, voting, or the |
| 24 | | nomination or election of candidates for public or political |
| 25 | | party office, shall be liable to the party injured or any |
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| 1 | | person affected, in any action or proceeding for redress. |
| 2 | | (b) All monetary, injunctive, and declaratory relief |
| 3 | | available at common law is available under this Section for a |
| 4 | | violation of this Section without regard to whether a |
| 5 | | plaintiff may have a claim under any other statute or common |
| 6 | | law cause of action. |
| 7 | | (c) Upon motion, a court shall award reasonable attorney's |
| 8 | | fees and costs, including expert witness fees and other |
| 9 | | litigation expenses, to a plaintiff who is a prevailing party |
| 10 | | in any action brought under this Act. |
| 11 | | (Source: P.A. 79-1363.) |
| 12 | | Article 180. |
| 13 | | Section 180-5. The Election Code is amended by adding |
| 14 | | Section 24-20.5 as follows: |
| 15 | | (10 ILCS 5/24-20.5 new) |
| 16 | | Sec. 24-20.5. Compliance with Voluntary Voting System |
| 17 | | Guidelines 2.0. |
| 18 | | (a) Notwithstanding any law to the contrary, beginning on |
| 19 | | the effective date of this amendatory Act of the 104th General |
| 20 | | Assembly, any election system or product certified by the |
| 21 | | Election Assistance Commission as compliant with the Voluntary |
| 22 | | Voting System Guidelines 2.0 (VVSG 2.0) may be used within |
| 23 | | this State in lieu of certification by the State Board of |
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| 1 | | Elections. An election authority may authorize, implement, |
| 2 | | use, or purchase or lease any voting product or system that has |
| 3 | | been certified by the United States Election Assistance |
| 4 | | Commission as compliant with VVSG 2.0. |
| 5 | | (b) No later than 365 days after the effective date of this |
| 6 | | amendatory Act of the 104th General Assembly, the State Board |
| 7 | | of Elections shall adopt rules pertaining to the certification |
| 8 | | of election equipment and systems that shall, at a minimum, |
| 9 | | require vendors to submit federal testing documentation and |
| 10 | | proof of certification to VVSG 2.0 for any new systems. A |
| 11 | | submission of VVSG 2.0 compliance may be accepted in lieu of |
| 12 | | duplicating or replicating the testing required by this Code. |
| 13 | | Article 190. |
| 14 | | Section 190-5. The Election Code is amended by changing |
| 15 | | Sections 19-2, 19-3, 19-4, 19-6, 19-8, 19-12.2, and 29-20 and |
| 16 | | by adding Sections 1-4.5 and 19-6.5 as follows: |
| 17 | | (10 ILCS 5/1-4.5 new) |
| 18 | | Sec. 1-4.5. Ballots received by election day. If and only |
| 19 | | if the United States Supreme Court finds in Watson v. |
| 20 | | Republican National Committee that federal election law |
| 21 | | preempts a state law that allows ballots that are cast by a |
| 22 | | federal election day to be counted by election officials after |
| 23 | | election day and if the court's opinion does not indicate when |
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| 1 | | a ballot is considered received by election day, then for |
| 2 | | purposes of federal elections only, a ballot is considered |
| 3 | | received by election day or by the election authority on |
| 4 | | election day when the ballot is in the custody of the proper |
| 5 | | election authority by the close of polls on election day. |
| 6 | | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) |
| 7 | | Sec. 19-2. Making application for a vote by mail ballot. |
| 8 | | Except as otherwise provided in this Code, any elector, as |
| 9 | | defined in Section 19-1, may by mail or electronically on the |
| 10 | | website of the appropriate election authority, not more than |
| 11 | | 90 nor less than 10 5 days prior to the date of such election, |
| 12 | | or by personal delivery not more than 90 nor less than 7 days |
| 13 | | one day prior to the date of such election, make application to |
| 14 | | the county clerk or to the Board of Election Commissioners for |
| 15 | | an official ballot for the voter's precinct to be voted at such |
| 16 | | election. Such a ballot shall be delivered to the elector only |
| 17 | | upon separate application by the elector for each election. |
| 18 | | Voters who make an application for permanent vote by mail |
| 19 | | ballot status shall follow the procedures specified in Section |
| 20 | | 19-3 and may apply year round. A voter Voters whose |
| 21 | | application for permanent vote by mail status is accepted by |
| 22 | | the election authority shall remain on the permanent vote by |
| 23 | | mail list until the voter requests to be removed from |
| 24 | | permanent vote by mail status, the voter provides notice to |
| 25 | | the election authority of a change in registration that |
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| 1 | | affects the voter's their registration status, or the election |
| 2 | | authority receives confirmation that the voter has |
| 3 | | subsequently registered to vote in another election authority |
| 4 | | jurisdiction. The URL address at which voters may |
| 5 | | electronically request a vote by mail ballot shall be fixed no |
| 6 | | later than 90 calendar days before an election and shall not be |
| 7 | | changed until after the election. |
| 8 | | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; |
| 9 | | 102-687, eff. 12-17-21; 102-813, eff. 5-13-22; revised |
| 10 | | 6-24-25.) |
| 11 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) |
| 12 | | Sec. 19-3. Application for a vote by mail ballot. |
| 13 | | (a) The application for a vote by mail ballot for a single |
| 14 | | election shall be substantially in the following form: |
| 15 | | APPLICATION FOR VOTE BY MAIL BALLOT |
| 16 | | To be voted at the .... election in the County of .... and |
| 17 | | State of Illinois. |
| 18 | | I state that I am a resident of .... in the municipality of |
| 19 | | .... in the county of ....; that I have resided at such address |
| 20 | | for at least 30 days; that I am lawfully entitled to vote at |
| 21 | | the .... election to be held on ....; and that I wish to vote |
| 22 | | by mail. |
| 23 | | I hereby make application for an official ballot or |
| 24 | | ballots to be voted by me at such election, and I agree that I |
| 25 | | shall return such ballot or ballots to the official issuing |
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| 1 | | the same prior to the closing of the polls on the date of the |
| 2 | | election or, if returned by mail, postmarked no later than 5 |
| 3 | | days prior to election day, for federal elections, and on |
| 4 | | election day, for non-federal elections, for counting no later |
| 5 | | than during the period for counting provisional ballots, the |
| 6 | | last day of which is the 14th day following election day. In |
| 7 | | addition, I agree that I shall not recall or attempt to recall |
| 8 | | my ballot once placed into the custody of the United States |
| 9 | | Postal Service or a company that is licensed as a motor carrier |
| 10 | | of property by the Illinois Commerce Commission under the |
| 11 | | Illinois Commercial Transportation Law and is engaged in the |
| 12 | | business of making deliveries. |
| 13 | | I understand that this application is made for an official |
| 14 | | vote by mail ballot or ballots to be voted by me at the |
| 15 | | election specified in this application and that I must submit |
| 16 | | a separate application for an official vote by mail ballot or |
| 17 | | ballots to be voted by me at any subsequent election. |
| 18 | | Under penalties as provided by law pursuant to Section |
| 19 | | 29-10 of the Election Code, the undersigned certifies that the |
| 20 | | statements set forth in this application are true and correct. |
| 21 | | .... |
| 22 | | *fill in either (1), (2) or (3). |
| 23 | | Post office address to which ballot is mailed: |
| 24 | | ............... |
| 25 | | (a-5) The application for a single vote by mail ballot |
| 26 | | transmitted electronically pursuant to Section 19-2.6 shall be |
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| 1 | | substantively similar to the application for a vote by mail |
| 2 | | ballot for a single election and shall include: |
| 3 | | I swear or affirm that I am a voter with a print |
| 4 | | disability, and, as a result of this disability, I am |
| 5 | | making a request to receive a vote by mail ballot |
| 6 | | electronically so that I may privately and independently |
| 7 | | mark, verify, and print my vote by mail ballot. |
| 8 | | (b) The application for permanent vote by mail status |
| 9 | | shall be substantially in the following form: |
| 10 | | APPLICATION FOR PERMANENT VOTE BY MAIL STATUS |
| 11 | | I am currently a registered voter and wish to apply for |
| 12 | | permanent vote by mail status. |
| 13 | | I state that I am a resident of .... in the municipality of |
| 14 | | .... in the county of ....; that I have resided at such address |
| 15 | | for at least 30 days; that I am lawfully entitled to vote at |
| 16 | | the .... election to be held on ....; and that I wish to vote |
| 17 | | by mail in: |
| 18 | | ..... all subsequent elections that do not require a party |
| 19 | | designation. |
| 20 | | ..... all subsequent elections, and I wish to receive a |
| 21 | | ................... Party vote by mail ballot in |
| 22 | | elections that require a party designation. |
| 23 | | I hereby make application for an official ballot or |
| 24 | | ballots to be voted by me at such election, and I agree that I |
| 25 | | shall return such ballot or ballots to the official issuing |
| 26 | | the same prior to the closing of the polls on the date of the |
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| 1 | | election or, if returned by mail, postmarked no later than 5 |
| 2 | | days prior to election day, for federal elections, and on |
| 3 | | election day, for non-federal elections, for counting no later |
| 4 | | than during the period for counting provisional ballots, the |
| 5 | | last day of which is the 14th day following election day. |
| 6 | | Under penalties as provided by law under Section 29-10 of |
| 7 | | the Election Code, the undersigned certifies that the |
| 8 | | statements set forth in this application are true and correct. |
| 9 | | .... |
| 10 | | Post office address to which ballot is mailed: |
| 11 | | ............... |
| 12 | | (b-5) The application for permanent vote by mail ballots |
| 13 | | transmitted electronically pursuant to Section 19-2.6 shall be |
| 14 | | substantively similar to the application for permanent vote by |
| 15 | | mail status and shall include: |
| 16 | | I swear or affirm that I am a voter with a |
| 17 | | non-temporary print disability, and as a result of this |
| 18 | | disability, I am making a request to receive vote by mail |
| 19 | | ballots electronically so that I may privately and |
| 20 | | independently mark, verify, and print my vote by mail |
| 21 | | ballots. |
| 22 | | (c) However, if application is made for a primary election |
| 23 | | ballot, such application shall require the applicant to |
| 24 | | designate the name of the political party with which the |
| 25 | | applicant is affiliated. The election authority shall allow |
| 26 | | any voter on permanent vote by mail status to change his or her |
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| 1 | | party affiliation for a primary election ballot by a method |
| 2 | | and deadline published and selected by the election authority. |
| 3 | | (d) If application is made electronically, the applicant |
| 4 | | shall mark the box associated with the above described |
| 5 | | statement included as part of the online application |
| 6 | | certifying that the statements set forth in the application |
| 7 | | under subsection (a) or (b) are true and correct, and a |
| 8 | | signature is not required. |
| 9 | | (e) Any person may produce, reproduce, distribute, or |
| 10 | | return to an election authority an application under this |
| 11 | | Section. If applications are sent to a post office box |
| 12 | | controlled by any individual or organization that is not an |
| 13 | | election authority, those applications shall (i) include a |
| 14 | | valid and current phone number for the individual or |
| 15 | | organization controlling the post office box and (ii) be |
| 16 | | turned over to the appropriate election authority within 7 |
| 17 | | days of receipt; or, if received within 2 weeks of the election |
| 18 | | in which an applicant intends to vote, within 2 days of |
| 19 | | receipt; or, if received on election day in which an applicant |
| 20 | | intends to vote, before the polls close. Failure to turn over |
| 21 | | the applications in compliance with this paragraph shall |
| 22 | | constitute a violation of this Code and shall be punishable as |
| 23 | | a petty offense with a fine of $100 per application. Removing, |
| 24 | | tampering with, or otherwise knowingly making the postmark on |
| 25 | | the application unreadable by the election authority shall |
| 26 | | establish a rebuttable presumption of a violation of this |
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| 1 | | paragraph. Upon receipt, the appropriate election authority |
| 2 | | shall accept and promptly process any application under this |
| 3 | | Section submitted in a form substantially similar to that |
| 4 | | required by this Section, including any substantially similar |
| 5 | | production or reproduction generated by the applicant. |
| 6 | | (f) An election authority may combine the applications in |
| 7 | | subsections (a) and (b) onto one form, but the distinction |
| 8 | | between the applications must be clear and the form must |
| 9 | | provide check boxes for an applicant to indicate whether he or |
| 10 | | she is applying for a single election vote by mail ballot or |
| 11 | | for permanent vote by mail status. |
| 12 | | (Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22; |
| 13 | | 103-467, eff. 8-4-23.) |
| 14 | | (10 ILCS 5/19-4) (from Ch. 46, par. 19-4) |
| 15 | | Sec. 19-4. Mailing or delivery of ballots; time. |
| 16 | | Immediately upon the receipt of such application either by |
| 17 | | mail or electronic means, not more than 90 days nor less than |
| 18 | | 10 5 days prior to such election, or by personal delivery not |
| 19 | | more than 90 days nor less than 7 days one day prior to such |
| 20 | | election, at the office of such election authority, it shall |
| 21 | | be the duty of such election authority to examine the records |
| 22 | | to ascertain whether or not such applicant is lawfully |
| 23 | | entitled to vote as requested, including a verification of the |
| 24 | | applicant's signature on file with the office of the election |
| 25 | | authority, and if found so to be entitled to vote, to post |
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| 1 | | within one business day thereafter the name, street address, |
| 2 | | ward and precinct number or township and district number, as |
| 3 | | the case may be, of such applicant given on a list, the pages |
| 4 | | of which are to be numbered consecutively to be kept by such |
| 5 | | election authority for such purpose in a conspicuous, open and |
| 6 | | public place accessible to the public at the entrance of the |
| 7 | | office of such election authority, and in such a manner that |
| 8 | | such list may be viewed without necessity of requesting |
| 9 | | permission therefor. Within one day after posting the name and |
| 10 | | other information of an applicant for a vote by mail ballot, |
| 11 | | the election authority shall transmit by electronic means |
| 12 | | pursuant to a process established by the State Board of |
| 13 | | Elections that name and other posted information to the State |
| 14 | | Board of Elections, which shall maintain those names and other |
| 15 | | information in an electronic format on its website, arranged |
| 16 | | by county and accessible to State and local political |
| 17 | | committees. Within 2 business days after posting a name and |
| 18 | | other information on the list within its office, but no sooner |
| 19 | | than 40 days before an election, the election authority shall |
| 20 | | mail, postage prepaid, or deliver in person in such office, or |
| 21 | | deliver via electronic transmission pursuant to Section |
| 22 | | 19-2.6, an official ballot or ballots if more than one are to |
| 23 | | be voted at said election. Mail delivery of Temporarily Absent |
| 24 | | Student ballot applications pursuant to Section 19-12.3 shall |
| 25 | | be by nonforwardable mail. However, for the consolidated |
| 26 | | election, vote by mail ballots for certain precincts may be |
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| 1 | | delivered to applicants not less than 25 days before the |
| 2 | | election if so much time is required to have prepared and |
| 3 | | printed the ballots containing the names of persons nominated |
| 4 | | for offices at the consolidated primary. The election |
| 5 | | authority shall enclose with each vote by mail ballot or |
| 6 | | application written instructions on how voting assistance |
| 7 | | shall be provided pursuant to Section 17-14 and a document, |
| 8 | | written and approved by the State Board of Elections, |
| 9 | | informing the vote by mail voter of the required postage for |
| 10 | | returning the application and ballot, and enumerating the |
| 11 | | circumstances under which a person is authorized to vote by |
| 12 | | vote by mail ballot pursuant to this Article; such document |
| 13 | | shall also include a statement informing the applicant that, |
| 14 | | if he or she falsifies or is solicited by another to falsify |
| 15 | | his or her eligibility to cast a vote by mail ballot or recalls |
| 16 | | or attempts to recall his or her ballot, such applicant or |
| 17 | | other is subject to penalties pursuant to Section 29-10 and |
| 18 | | Section 29-20 of the Election Code. Each election authority |
| 19 | | shall maintain a list of the name, street address, ward and |
| 20 | | precinct, or township and district number, as the case may be, |
| 21 | | of all applicants who have returned vote by mail ballots to |
| 22 | | such authority, and the name of such vote by mail voter shall |
| 23 | | be added to such list within one business day from receipt of |
| 24 | | such ballot. If the vote by mail ballot envelope indicates |
| 25 | | that the voter was assisted in casting the ballot, the name of |
| 26 | | the person so assisting shall be included on the list. The |
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| 1 | | list, the pages of which are to be numbered consecutively, |
| 2 | | shall be kept by each election authority in a conspicuous, |
| 3 | | open, and public place accessible to the public at the |
| 4 | | entrance of the office of the election authority and in a |
| 5 | | manner that the list may be viewed without necessity of |
| 6 | | requesting permission for viewing. |
| 7 | | Each election authority shall maintain a list for each |
| 8 | | election of the voters to whom it has issued vote by mail |
| 9 | | ballots. The list shall be maintained for each precinct within |
| 10 | | the jurisdiction of the election authority. Prior to the |
| 11 | | opening of the polls on election day, the election authority |
| 12 | | shall deliver to the judges of election in each precinct the |
| 13 | | list of registered voters in that precinct to whom vote by mail |
| 14 | | ballots have been issued by mail. |
| 15 | | Each election authority shall maintain a list for each |
| 16 | | election of voters to whom it has issued temporarily absent |
| 17 | | student ballots. The list shall be maintained for each |
| 18 | | election jurisdiction within which such voters temporarily |
| 19 | | abide. Immediately after the close of the period during which |
| 20 | | application may be made by mail or electronic means for vote by |
| 21 | | mail ballots, each election authority shall mail to each other |
| 22 | | election authority within the State a certified list of all |
| 23 | | such voters temporarily abiding within the jurisdiction of the |
| 24 | | other election authority. |
| 25 | | In the event that the return address of an application for |
| 26 | | ballot by a physically incapacitated elector is that of a |
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| 1 | | facility licensed or certified under the Nursing Home Care |
| 2 | | Act, the Specialized Mental Health Rehabilitation Act of 2013, |
| 3 | | the ID/DD Community Care Act, or the MC/DD Act, within the |
| 4 | | jurisdiction of the election authority, and the applicant is a |
| 5 | | registered voter in the precinct in which such facility is |
| 6 | | located, the ballots shall be prepared and transmitted to a |
| 7 | | responsible judge of election no later than 9 a.m. on the |
| 8 | | Friday, Saturday, Sunday, or Monday immediately preceding the |
| 9 | | election as designated by the election authority under Section |
| 10 | | 19-12.2. Such judge shall deliver in person on the designated |
| 11 | | day the ballot to the applicant on the premises of the facility |
| 12 | | from which application was made. The election authority shall |
| 13 | | by mail notify the applicant in such facility that the ballot |
| 14 | | will be delivered by a judge of election on the designated day. |
| 15 | | All applications for vote by mail ballots shall be |
| 16 | | available at the office of the election authority for public |
| 17 | | inspection upon request from the time of receipt thereof by |
| 18 | | the election authority until 30 days after the election, |
| 19 | | except during the time such applications are kept in the |
| 20 | | office of the election authority pursuant to Section 19-7, and |
| 21 | | except during the time such applications are in the possession |
| 22 | | of the judges of election. |
| 23 | | Notwithstanding any provision of this Section to the |
| 24 | | contrary, pursuant to subsection (a) of Section 30 of the |
| 25 | | Address Confidentiality for Victims of Domestic Violence, |
| 26 | | Sexual Assault, Human Trafficking, or Stalking Act, neither |
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| 1 | | the name nor the address of a program participant under that |
| 2 | | Act shall be included in any list of registered voters |
| 3 | | available to the public, including the lists referenced in |
| 4 | | this Section. |
| 5 | | (Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22; |
| 6 | | 102-1126, eff. 2-10-23.) |
| 7 | | (10 ILCS 5/19-6) (from Ch. 46, par. 19-6) |
| 8 | | Sec. 19-6. Such vote by mail voter shall make and |
| 9 | | subscribe to the certifications provided for in the |
| 10 | | application and on the return envelope for the ballot, and |
| 11 | | such ballot or ballots shall be folded by such voter in the |
| 12 | | manner required to be folded before depositing the same in the |
| 13 | | ballot box, and be deposited in such envelope and the envelope |
| 14 | | securely sealed. The voter shall then endorse his certificate |
| 15 | | upon the back of the envelope and the envelope shall be mailed |
| 16 | | in person by such voter, postage prepaid, to the election |
| 17 | | authority issuing the ballot or, if more convenient, it may be |
| 18 | | delivered in person, by either the voter or by any person |
| 19 | | authorized by the voter, or by a company licensed as a motor |
| 20 | | carrier of property by the Illinois Commerce Commission under |
| 21 | | the Illinois Commercial Transportation Law, which is engaged |
| 22 | | in the business of making deliveries. |
| 23 | | Election authorities shall accept any vote by mail ballot |
| 24 | | returned, including ballots returned with insufficient or no |
| 25 | | postage. Election authorities shall may maintain one or more |
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| 1 | | secure vote by mail collection drop box and may maintain |
| 2 | | additional secure collection sites for the postage-free return |
| 3 | | of vote by mail ballots. Any election authority with |
| 4 | | collection sites shall collect all ballots returned each day |
| 5 | | and process them as required by this Code, including noting |
| 6 | | the day on which the ballot was collected. Ballots returned to |
| 7 | | such collection sites after close of business shall be dated |
| 8 | | as delivered the next day, with the exception of ballots |
| 9 | | delivered on election day, which shall be dated as received on |
| 10 | | election day with the hour of receipt noted. Election |
| 11 | | authorities shall permit electors to return vote by mail |
| 12 | | ballots at any collection site it has established through the |
| 13 | | close of polls on election day, including all polling |
| 14 | | locations during early voting or on election day. Vote by mail |
| 15 | | ballots returned to an early voting or election day polling |
| 16 | | place shall be delivered to the voter's designated election |
| 17 | | day polling location and to the election judges of that |
| 18 | | voter's assigned precinct. All collection sites shall be |
| 19 | | secured by locks that may be opened only by election authority |
| 20 | | personnel. The State Board of Elections shall establish |
| 21 | | additional guidelines for the security of collection sites and |
| 22 | | shall educate election authorities and voters on the |
| 23 | | application process for and the proper return of vote by mail |
| 24 | | ballots, including all applicable time constraints. |
| 25 | | It shall be unlawful for any person not the voter or a |
| 26 | | person authorized by the voter to take the ballot and ballot |
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| 1 | | envelope of a voter for deposit into the mail unless the ballot |
| 2 | | has been issued pursuant to application by a physically |
| 3 | | incapacitated elector under Section 3-3 or a hospitalized |
| 4 | | voter under Section 19-13, in which case any employee or |
| 5 | | person under the direction of the facility in which the |
| 6 | | elector or voter is located may deposit the ballot and ballot |
| 7 | | envelope into the mail. If the voter authorized a person to |
| 8 | | deliver the ballot to the election authority, the voter and |
| 9 | | the person authorized to deliver the ballot shall complete the |
| 10 | | authorization printed on the exterior envelope supplied by an |
| 11 | | election authority for the return of the vote by mail ballot. |
| 12 | | The exterior of the envelope supplied by an election authority |
| 13 | | for the return of the vote by mail ballot shall include an |
| 14 | | authorization in substantially the following form: |
| 15 | | I ............ (voter) authorize ............... to take |
| 16 | | the necessary steps to have this ballot delivered promptly to |
| 17 | | the office of the election authority. |
| 18 | | ....................... ........................
|
| 19 | | Date Signature of voter |
| 20 | | ...............................................
|
| 21 | | Printed Name of Authorized Delivery Agent |
| 22 | | ...............................................
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| 1 | | Signature of Authorized Delivery Agency |
| 2 | | ...............................................
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| 3 | | Date Delivered to the Election Authority |
| 4 | | (Source: P.A. 102-1, eff. 4-2-21; 102-668, eff. 11-15-21.) |
| 5 | | (10 ILCS 5/19-6.5 new) |
| 6 | | Sec. 19-6.5. Vote by mail collection drop boxes. Subject |
| 7 | | to appropriation, the State Board of Elections shall |
| 8 | | administer a program to ensure that every election authority |
| 9 | | maintains at least one secure vote by mail collection drop box |
| 10 | | within its jurisdiction. Starting on July 1, 2026, the State |
| 11 | | Board of Elections shall coordinate with each local election |
| 12 | | authority the acquisition and installation of one secure vote |
| 13 | | by mail collection drop box. Installation of the new vote by |
| 14 | | mail collection drop box shall occur no later than 15 days |
| 15 | | before November 3, 2026. Procurement of the secure vote by |
| 16 | | mail collection drop box shall be undertaken by the election |
| 17 | | authorities in accordance with applicable procurement laws and |
| 18 | | ordinances. The State Board of Elections shall distribute up |
| 19 | | to $25,000 in funds to each election authority or election |
| 20 | | authority's vendor for the actual costs to acquire one secure |
| 21 | | vote by mail collection drop box upon receipt of a proper bill |
| 22 | | or invoice from the election authority. |
| 23 | | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8) |
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| 1 | | Sec. 19-8. Time and place of counting ballots. |
| 2 | | (a) (Blank.) |
| 3 | | (b) Each vote by mail voter's ballot returned to an |
| 4 | | election authority, by any means authorized by this Article, |
| 5 | | and received by that election authority before the closing of |
| 6 | | the polls on election day shall be endorsed by the receiving |
| 7 | | election authority with the day and hour of receipt and may be |
| 8 | | processed by the election authority beginning on the day it is |
| 9 | | received by the election authority in the central ballot |
| 10 | | counting location of the election authority, but the results |
| 11 | | of the processing may not be counted until the day of the |
| 12 | | election after 7:00 p.m., except as provided in subsections |
| 13 | | (g) and (g-5). |
| 14 | | (c) Each vote by mail voter's ballot that is mailed to an |
| 15 | | election authority and postmarked no later than 5 days prior |
| 16 | | to election day, but that is received by the election |
| 17 | | authority after the polls close on election day and before the |
| 18 | | close of the period for counting provisional ballots cast at |
| 19 | | that election, shall be endorsed by the receiving authority |
| 20 | | with the day and hour of receipt and shall be counted for all |
| 21 | | non-federal elections at the central ballot counting location |
| 22 | | of the election authority during the period for counting |
| 23 | | provisional ballots. |
| 24 | | Each vote by mail voter's ballot that is mailed to an |
| 25 | | election authority absent a postmark or a barcode usable with |
| 26 | | an intelligent mail barcode tracking system, but that is |
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| 1 | | received by the election authority after the polls close on |
| 2 | | election day and before the close of the period for counting |
| 3 | | provisional ballots cast at that election, shall be endorsed |
| 4 | | by the receiving authority with the day and hour of receipt, |
| 5 | | opened to inspect the date inserted on the certification, and, |
| 6 | | if the certification date is 5 days prior to election day or |
| 7 | | earlier and the ballot is otherwise found to be valid under the |
| 8 | | requirements of this Section, counted for all non-federal |
| 9 | | elections at the central ballot counting location of the |
| 10 | | election authority during the period for counting provisional |
| 11 | | ballots. Absent a date on the certification, the ballot shall |
| 12 | | not be counted. |
| 13 | | If an election authority is using an intelligent mail |
| 14 | | barcode tracking system, a ballot that is mailed to an |
| 15 | | election authority absent a postmark may be counted for a |
| 16 | | non-federal election if the intelligent mail barcode tracking |
| 17 | | system verifies the envelope was mailed no later than 5 days |
| 18 | | prior to election day. |
| 19 | | (d) Special write-in vote by mail voter's blank ballots |
| 20 | | returned to an election authority, by any means authorized by |
| 21 | | this Article, and received by the election authority at any |
| 22 | | time before the closing of the polls on election day shall be |
| 23 | | endorsed by the receiving election authority with the day and |
| 24 | | hour of receipt and shall be counted at the central ballot |
| 25 | | counting location of the election authority during the same |
| 26 | | period provided for counting vote by mail voters' ballots |
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| 1 | | under subsections (b), (g), and (g-5). Special write-in vote |
| 2 | | by mail voter's blank ballots that are mailed to an election |
| 3 | | authority and postmarked no later than 5 days prior to |
| 4 | | election day, but that are received by the election authority |
| 5 | | after the polls close on election day and before the closing of |
| 6 | | the period for counting provisional ballots cast at that |
| 7 | | election, shall be endorsed by the receiving authority with |
| 8 | | the day and hour of receipt and shall be counted for |
| 9 | | non-federal elections at the central ballot counting location |
| 10 | | of the election authority during the same periods provided for |
| 11 | | counting vote by mail voters' ballots under subsection (c). |
| 12 | | (e) Except as otherwise provided in this Section, vote by |
| 13 | | mail voters' ballots and special write-in vote by mail voter's |
| 14 | | blank ballots received by the election authority after the |
| 15 | | closing of the polls on an election day shall be endorsed by |
| 16 | | the election authority receiving them with the day and hour of |
| 17 | | receipt and shall be safely kept unopened by the election |
| 18 | | authority for the period of time required for the preservation |
| 19 | | of ballots used at the election, and shall then, without being |
| 20 | | opened, be destroyed in like manner as the used ballots of that |
| 21 | | election. |
| 22 | | (f) Counting required under this Section to begin on |
| 23 | | election day after the closing of the polls shall commence no |
| 24 | | later than 8:00 p.m. and shall be conducted by a panel or |
| 25 | | panels of election judges appointed in the manner provided by |
| 26 | | law. The counting shall continue until all vote by mail |
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| 1 | | voters' ballots and special write-in vote by mail voter's |
| 2 | | blank ballots required to be counted on election day have been |
| 3 | | counted. |
| 4 | | (g) The procedures set forth in Articles 17 and 18 of this |
| 5 | | Code shall apply to all ballots counted under this Section. In |
| 6 | | addition, within 2 days after a vote by mail ballot is |
| 7 | | received, and for non-federal elections but in all cases |
| 8 | | before the close of the period for counting provisional |
| 9 | | ballots, the election judge or official shall compare the |
| 10 | | voter's signature on the certification envelope of that vote |
| 11 | | by mail ballot with the voter's signature on the application |
| 12 | | verified in accordance with Section 19-4 or the signature of |
| 13 | | the voter on file in the office of the election authority. If |
| 14 | | the election judge or official determines that the 2 |
| 15 | | signatures match, and that the vote by mail voter is otherwise |
| 16 | | qualified to cast a vote by mail ballot, the election |
| 17 | | authority shall cast and count the ballot on election day or |
| 18 | | the day the ballot is determined to be valid, whichever is |
| 19 | | later, adding the results to the precinct in which the voter is |
| 20 | | registered. If the election judge or official determines that |
| 21 | | the signatures do not match, or that the vote by mail voter is |
| 22 | | not qualified to cast a vote by mail ballot, then without |
| 23 | | opening the certification envelope, the judge or official |
| 24 | | shall mark across the face of the certification envelope the |
| 25 | | word "Rejected" and shall not cast or count the ballot. |
| 26 | | In addition to the voter's signatures not matching, a vote |
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| 1 | | by mail ballot may be rejected by the election judge or |
| 2 | | official: |
| 3 | | (1) if the ballot envelope is open or has been opened |
| 4 | | and resealed; |
| 5 | | (2) if the voter has already cast an early or grace |
| 6 | | period ballot; |
| 7 | | (3) if the voter voted in person on election day or the |
| 8 | | voter is not a duly registered voter in the precinct; or |
| 9 | | (4) on any other basis set forth in this Code. |
| 10 | | If the election judge or official determines that any of |
| 11 | | these reasons apply, the judge or official shall mark across |
| 12 | | the face of the certification envelope the word "Rejected" and |
| 13 | | shall not cast or count the ballot. |
| 14 | | (g-5) If a vote by mail ballot is rejected by the election |
| 15 | | judge or official for any reason, the election authority |
| 16 | | shall, within 2 days after the rejection for federal elections |
| 17 | | and, for non-federal elections, but in all cases before the |
| 18 | | close of the period for counting provisional ballots, notify |
| 19 | | the vote by mail voter that his or her ballot was rejected. The |
| 20 | | notice shall inform the voter of the reason or reasons the |
| 21 | | ballot was rejected and shall state that the voter may appear |
| 22 | | before the election authority, on or before the fourth day |
| 23 | | after the election for federal elections and on or before the |
| 24 | | 14th day after the election for non-federal elections, to show |
| 25 | | cause as to why the ballot should not be rejected. The voter |
| 26 | | may present evidence to the election authority supporting his |
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| 1 | | or her contention that the ballot should be counted. The |
| 2 | | election authority shall appoint a panel of 3 election judges |
| 3 | | to review the contested ballot, application, and certification |
| 4 | | envelope, as well as any evidence submitted by the vote by mail |
| 5 | | voter. No more than 2 election judges on the reviewing panel |
| 6 | | shall be of the same political party. The reviewing panel of |
| 7 | | election judges shall make a final determination as to the |
| 8 | | validity of the contested vote by mail ballot. The judges' |
| 9 | | determination shall not be reviewable either administratively |
| 10 | | or judicially. |
| 11 | | A vote by mail ballot subject to this subsection that is |
| 12 | | determined to be valid shall be counted before the close of the |
| 13 | | period for counting provisional ballots. |
| 14 | | If a vote by mail ballot is rejected for any reason, the |
| 15 | | election authority shall, within one day after the rejection, |
| 16 | | transmit to the State Board of Elections by electronic means |
| 17 | | the voter's name, street address, email address, and precinct, |
| 18 | | ward, township, and district numbers, as the case may be. If a |
| 19 | | rejected vote by mail ballot is determined to be valid, the |
| 20 | | election authority shall, within one day after the |
| 21 | | determination, remove the name of the voter from the list |
| 22 | | transmitted to the State Board of Elections. The State Board |
| 23 | | of Elections shall maintain the names and information in an |
| 24 | | electronic format on its website accessible to State and local |
| 25 | | political committees. |
| 26 | | Upon request by the State or local political committee, |
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| 1 | | each election authority shall, within one day after the |
| 2 | | request, provide the following information about all rejected |
| 3 | | vote by mail ballots: voter's name, street address, email |
| 4 | | address, and precinct, ward, township, and district numbers, |
| 5 | | as the case may be. |
| 6 | | (g-10) All vote by mail ballots determined to be valid |
| 7 | | shall be added to the vote totals for the precincts for which |
| 8 | | they were cast in the order in which the ballots were opened. |
| 9 | | (h) Each political party, candidate, and qualified civic |
| 10 | | organization shall be entitled to have present one pollwatcher |
| 11 | | for each panel of election judges therein assigned. |
| 12 | | (Source: P.A. 102-1126, eff. 2-10-23; 103-467, eff. 8-4-23; |
| 13 | | revised 6-24-25.) |
| 14 | | (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2) |
| 15 | | Sec. 19-12.2. Voting by physically incapacitated electors |
| 16 | | who have made proper application to the election authority not |
| 17 | | later than 10 5 days before the regular primary and general |
| 18 | | election of 1980 and before each election thereafter shall be |
| 19 | | conducted either through the vote by mail procedures as |
| 20 | | detailed in this Article or on the premises of (i) federally |
| 21 | | operated veterans' homes, hospitals, and facilities located in |
| 22 | | Illinois or (ii) facilities licensed or certified pursuant to |
| 23 | | the Nursing Home Care Act, the Specialized Mental Health |
| 24 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
| 25 | | the MC/DD Act for the sole benefit of residents of such homes, |
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| 1 | | hospitals, and facilities. For the purposes of this Section, |
| 2 | | "federally operated veterans' home, hospital, or facility" |
| 3 | | means the long-term care facilities at the Jesse Brown VA |
| 4 | | Medical Center, Illiana Health Care System, Edward Hines, Jr. |
| 5 | | VA Hospital, Marion VA Medical Center, and Captain James A. |
| 6 | | Lovell Federal Health Care Center. Such voting shall be |
| 7 | | conducted during any continuous period sufficient to allow all |
| 8 | | applicants to cast their ballots between the hours of 9 a.m. |
| 9 | | and 7 p.m. either on the Friday, Saturday, Sunday or Monday |
| 10 | | immediately preceding the regular election. This vote by mail |
| 11 | | voting on one of said days designated by the election |
| 12 | | authority shall be supervised by two election judges who must |
| 13 | | be selected by the election authority in the following order |
| 14 | | of priority: (1) from the panel of judges appointed for the |
| 15 | | precinct in which such home, hospital, or facility is located, |
| 16 | | or from a panel of judges appointed for any other precinct |
| 17 | | within the jurisdiction of the election authority in the same |
| 18 | | ward or township, as the case may be, in which the home, |
| 19 | | hospital, or facility is located or, only in the case where a |
| 20 | | judge or judges from the precinct, township or ward are |
| 21 | | unavailable to serve, (3) from a panel of judges appointed for |
| 22 | | any other precinct within the jurisdiction of the election |
| 23 | | authority. The two judges shall be from different political |
| 24 | | parties. Not less than 30 days before each regular election, |
| 25 | | the election authority shall have arranged with the chief |
| 26 | | administrative officer of each home, hospital, or facility in |
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| 1 | | his or its election jurisdiction a mutually convenient time |
| 2 | | period on the Friday, Saturday, Sunday or Monday immediately |
| 3 | | preceding the election for such voting on the premises of the |
| 4 | | home, hospital, or facility and shall post in a prominent |
| 5 | | place in his or its office a notice of the agreed day and time |
| 6 | | period for conducting such voting at each home, hospital, or |
| 7 | | facility; provided that the election authority shall not later |
| 8 | | than noon on the Thursday before the election also post the |
| 9 | | names and addresses of those homes, hospitals, and facilities |
| 10 | | from which no applications were received and in which no |
| 11 | | supervised vote by mail voting will be conducted. All |
| 12 | | provisions of this Code applicable to pollwatchers shall be |
| 13 | | applicable herein. To the maximum extent feasible, voting |
| 14 | | booths or screens shall be provided to insure the privacy of |
| 15 | | the voter. Voting procedures shall be as described in Article |
| 16 | | 17 of this Code, except that ballots shall be treated as vote |
| 17 | | by mail ballots and shall not be counted until the close of the |
| 18 | | polls on the following day. After the last voter has concluded |
| 19 | | voting, the judges shall seal the ballots in an envelope and |
| 20 | | affix their signatures across the flap of the envelope. |
| 21 | | Immediately thereafter, the judges shall bring the sealed |
| 22 | | envelope to the office of the election authority who shall |
| 23 | | deliver such ballots to the election authority's central |
| 24 | | ballot counting location prior to the closing of the polls on |
| 25 | | the day of election. The judges of election shall also report |
| 26 | | to the election authority the name of any applicant in the |
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| 1 | | home, hospital, or facility who, due to unforeseen |
| 2 | | circumstance or condition or because of a religious holiday, |
| 3 | | was unable to vote. In this event, the election authority may |
| 4 | | appoint a qualified person from his or its staff to deliver the |
| 5 | | ballot to such applicant on the day of election. This staff |
| 6 | | person shall follow the same procedures prescribed for judges |
| 7 | | conducting vote by mail voting in such homes, hospitals, or |
| 8 | | facilities and shall return the ballot to the central ballot |
| 9 | | counting location before the polls close. However, if the |
| 10 | | home, hospital, or facility from which the application was |
| 11 | | made is also used as a regular precinct polling place for that |
| 12 | | voter, voting procedures heretofore prescribed may be |
| 13 | | implemented by 2 of the election judges of opposite party |
| 14 | | affiliation assigned to that polling place during the hours of |
| 15 | | voting on the day of the election. Judges of election shall be |
| 16 | | compensated not less than $25.00 for conducting vote by mail |
| 17 | | voting in such homes, hospitals, or facilities. |
| 18 | | Not less than 120 days before each regular election, the |
| 19 | | Department of Public Health shall certify to the State Board |
| 20 | | of Elections a list of the facilities licensed or certified |
| 21 | | pursuant to the Nursing Home Care Act, the Specialized Mental |
| 22 | | Health Rehabilitation Act of 2013, the ID/DD Community Care |
| 23 | | Act, or the MC/DD Act. The lists shall indicate the approved |
| 24 | | bed capacity and the name of the chief administrative officer |
| 25 | | of each such home, hospital, or facility, and the State Board |
| 26 | | of Elections shall certify the same to the appropriate |
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| 1 | | election authority within 20 days thereafter. |
| 2 | | (Source: P.A. 103-600, eff. 7-1-24.) |
| 3 | | (10 ILCS 5/29-20) (from Ch. 46, par. 29-20) |
| 4 | | Sec. 29-20. Vote by Mail ballots - violations. A person is |
| 5 | | guilty of a Class 3 felony who knowingly: |
| 6 | | (1) Solicits another person, knowing that the person |
| 7 | | is not legally qualified to vote as a vote by mail voter, |
| 8 | | to apply for a vote by mail ballot; |
| 9 | | (2) Solicits another person, knowing that the person |
| 10 | | is not legally qualified to vote as a vote by mail voter, |
| 11 | | to cast a ballot as a vote by mail voter; |
| 12 | | (3) Intimidates or unduly influences another person to |
| 13 | | cast a vote by mail ballot in a manner inconsistent with |
| 14 | | the voter's intent; or |
| 15 | | (4) Marks or tampers with a vote by mail ballot of |
| 16 | | another person or takes a vote by mail ballot of another |
| 17 | | person in violation of Section 19-6 so that an opportunity |
| 18 | | for fraudulent marking or tampering is created; or . |
| 19 | | (5) Recalls a vote by mail ballot or attempts to |
| 20 | | recall a vote by mail ballot after the ballot has been |
| 21 | | placed into the custody of the United States Postal |
| 22 | | Service or a company that is licensed as a motor carrier of |
| 23 | | property by the Illinois Commerce Commission under the |
| 24 | | Illinois Commercial Transportation Law and is engaged in |
| 25 | | the business of making deliveries. |
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| 1 | | (Source: P.A. 98-1171, eff. 6-1-15.) |
| 2 | | Article 195. |
| 3 | | Section 195-5. The Election Code is amended by changing |
| 4 | | Section 7-41 as follows: |
| 5 | | (10 ILCS 5/7-41) (from Ch. 46, par. 7-41) |
| 6 | | Sec. 7-41. (a) All officers upon whom is imposed by law the |
| 7 | | duty of designating and providing polling places for general |
| 8 | | elections, shall provide in each such polling place so |
| 9 | | designated and provided, a sufficient number of booths for |
| 10 | | such primary election, which booths shall be provided with |
| 11 | | shelves, such supplies and pencils as will enable the voter to |
| 12 | | prepare his ballot for voting and in which voters may prepare |
| 13 | | their ballots screened from all observation as to the manner |
| 14 | | in which they do so. Such booths shall be within plain view of |
| 15 | | the election officers and both they and the ballot boxes shall |
| 16 | | be within plain view of those within the proximity of the |
| 17 | | voting booths. No person other than election officers and the |
| 18 | | challengers allowed by law and those admitted for the purpose |
| 19 | | of voting, as hereinafter provided, shall be permitted within |
| 20 | | the proximity of the voting booths, except by authority of the |
| 21 | | primary officers to keep order and enforce the law. |
| 22 | | (b) The number of such voting booths shall not be less than |
| 23 | | one to every seventy-five voters or fraction thereof, who |
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| 1 | | voted at the last preceding election in the precinct or |
| 2 | | election district. |
| 3 | | (c) No person shall do any electioneering or soliciting of |
| 4 | | votes on primary day within any polling place or within one |
| 5 | | hundred feet of any polling place, or, at the option of a |
| 6 | | church or private school, on any of the property of that church |
| 7 | | or private school that is a polling place. Election officers |
| 8 | | shall place 2 or more cones, small United States national |
| 9 | | flags, or some other marker a distance of 100 horizontal feet |
| 10 | | from each entrance to the room used by voters to engage in |
| 11 | | voting, which shall be known as the polling room. If the |
| 12 | | polling room is located within a building that is a private |
| 13 | | business, a public or private school, or a church or other |
| 14 | | organization founded for the purpose of religious worship and |
| 15 | | the distance of 100 horizontal feet ends within the interior |
| 16 | | of the building, then the markers shall be placed outside of |
| 17 | | the building at each entrance used by voters to enter that |
| 18 | | building on the grounds adjacent to the thoroughfare or |
| 19 | | walkway. If the polling room is located within a public or |
| 20 | | private building with 2 or more floors and the polling room is |
| 21 | | located on the ground floor, then the markers shall be placed |
| 22 | | 100 horizontal feet from each entrance to the polling room |
| 23 | | used by voters to engage in voting. If the polling room is |
| 24 | | located in a public or private building with 2 or more floors |
| 25 | | and the polling room is located on a floor above or below the |
| 26 | | ground floor, then the markers shall be placed a distance of |
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| 1 | | 100 feet from the nearest elevator or staircase used by voters |
| 2 | | on the ground floor to access the floor where the polling room |
| 3 | | is located. The area within where the markers are placed shall |
| 4 | | be known as a campaign free zone, and electioneering is |
| 5 | | prohibited pursuant to this subsection. Notwithstanding any |
| 6 | | other provision of this Section, a church or private school |
| 7 | | may choose to apply the campaign free zone to its entire |
| 8 | | property, and, if so, the markers shall be placed near the |
| 9 | | boundaries on the grounds adjacent to the thoroughfares or |
| 10 | | walkways leading to the entrances used by the voters. At or |
| 11 | | near the door of each polling place, the election judges shall |
| 12 | | place signage indicating the proper entrance to the polling |
| 13 | | place. In addition, the election judges shall ensure that a |
| 14 | | sign identifying the location of the polling place is placed |
| 15 | | on a nearby public roadway. Within a forest preserve district |
| 16 | | or conservation district, the polling place property ends 500 |
| 17 | | horizontal feet from each entrance of the polling room, |
| 18 | | allowing electioneering between 100 and 500 feet from the |
| 19 | | entrance of the polling room, except that the campaign free |
| 20 | | zone shall not include any private property located within the |
| 21 | | boundaries of the forest preserve district or conservation |
| 22 | | district. The State Board of Elections shall establish |
| 23 | | guidelines for the placement of polling place signage. |
| 24 | | The area on polling place property beyond the campaign |
| 25 | | free zone, whether publicly or privately owned, is a public |
| 26 | | forum for the time that the polls are open on an election day. |
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| 1 | | At the request of election officers any publicly owned |
| 2 | | building must be made available for use as a polling place. A |
| 3 | | person shall have the right to congregate and engage in |
| 4 | | electioneering on any polling place property while the polls |
| 5 | | are open beyond the campaign free zone, including but not |
| 6 | | limited to, the placement of temporary signs. This subsection |
| 7 | | shall be construed liberally in favor of persons engaging in |
| 8 | | electioneering on all polling place property beyond the |
| 9 | | campaign free zone for the time that the polls are open on an |
| 10 | | election day. |
| 11 | | (d) The regulation of electioneering on polling place |
| 12 | | property on an election day, including but not limited to the |
| 13 | | placement of temporary signs, is an exclusive power and |
| 14 | | function of the State. A home rule unit may not regulate |
| 15 | | electioneering and any ordinance or local law contrary to |
| 16 | | subsection (c) is declared void. This is a denial and |
| 17 | | limitation of home rule powers and functions under subsection |
| 18 | | (h) of Section 6 of Article VII of the Illinois Constitution. |
| 19 | | (Source: P.A. 95-699, eff. 11-9-07.) |
| 20 | | Article 200. |
| 21 | | Section 200-5. The Election Code is amended by adding |
| 22 | | Section 9-9.6 as follows: |
| 23 | | (10 ILCS 5/9-9.6 new) |
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| 1 | | Sec. 9-9.6. Disclosure of political communications |
| 2 | | generated by artificial intelligence. |
| 3 | | (a) As used in this Section: |
| 4 | | "Artificial intelligence" has the meaning set forth in |
| 5 | | Section 2-101 of the Illinois Human Rights Act. |
| 6 | | "Distribution platform" includes, but is not limited to, a |
| 7 | | website or a regularly published newspaper, magazine, or other |
| 8 | | periodical of general circulation, including an Internet |
| 9 | | publication or electronic publication, that routinely carries |
| 10 | | news and commentary of general interest. |
| 11 | | "Qualified political advertisement" means any paid |
| 12 | | advertisement, including, but not limited to, search engine |
| 13 | | marketing, display advertisements, video advertisements, |
| 14 | | native advertisements, issue advertisements, messaging service |
| 15 | | advertisements, mobile application advertisements, and |
| 16 | | sponsorships, relating to a candidate for federal, State, or |
| 17 | | local office in this State, any election to federal, State, or |
| 18 | | local office in this State, or a ballot question, that |
| 19 | | contains any image, audio, or video that (i) is generated in |
| 20 | | whole or substantially with the use of artificial intelligence |
| 21 | | and (ii) may reasonably lead to voter interference, coercion, |
| 22 | | or intimidation if the use of artificial intelligence is not |
| 23 | | disclosed to voters. |
| 24 | | (b) If a person, committee, or other entity creates, |
| 25 | | originally publishes, or originally distributes a qualified |
| 26 | | political advertisement within 120 days before an election or |
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| 1 | | up to 60 days after an election, the qualified political |
| 2 | | advertisement shall include, in a clear and conspicuous |
| 3 | | manner, a statement that the qualified political advertisement |
| 4 | | was generated in whole or substantially by artificial |
| 5 | | intelligence as follows: |
| 6 | | (1) if the qualified political advertisement is a |
| 7 | | graphic communication, the statement shall appear in |
| 8 | | letters at least as large as the majority of the text in |
| 9 | | the graphic communication and be in the same language as |
| 10 | | the language used in the graphic communication; |
| 11 | | (2) if the qualified political advertisement is an |
| 12 | | audio communication, the statement shall be spoken in a |
| 13 | | clearly audible and intelligible manner at the beginning |
| 14 | | or end of the communication, shall last at least 3 |
| 15 | | seconds, and shall be in the same language as the language |
| 16 | | used in the audio communication; and |
| 17 | | (3) if the qualified political advertisement is a |
| 18 | | video communication that also includes audio, the |
| 19 | | statement shall: |
| 20 | | (A) appear for at least 4 seconds in letters at |
| 21 | | least as large as the majority of any text |
| 22 | | communication or, if there is no other text |
| 23 | | communication, in a size that is easily readable by |
| 24 | | the average viewer; |
| 25 | | (B) be spoken in a clearly audible and |
| 26 | | intelligible manner at the beginning or end of the |
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| 1 | | communication and last at least 3 seconds; and |
| 2 | | (C) be in the same language as the language used in |
| 3 | | the video communication. |
| 4 | | (c) Every entity regulated by the Board shall file notice |
| 5 | | to the Board within 24 hours of the qualified political |
| 6 | | advertisement that contains the disclosure required under |
| 7 | | subsection (b) airing on a public medium. The Board shall |
| 8 | | outline the format for providing the required notice on its |
| 9 | | website no later than 140 days before the first election after |
| 10 | | the effective date of this amendatory Act of the 104th General |
| 11 | | Assembly. The Board shall provide a list of qualified |
| 12 | | political advertisements that contain the disclosure required |
| 13 | | under subsection (b) and the entity's name on its website. The |
| 14 | | list shall be updated weekly 120 days before an election |
| 15 | | through 60 days after an election. |
| 16 | | (d) A person who violates subsection (b) is subject to the |
| 17 | | following: |
| 18 | | (1) for a first violation, the Board may impose on the |
| 19 | | person a civil penalty of not more than $250; and |
| 20 | | (2) for a second or subsequent violation, the Board |
| 21 | | may impose on the person a civil penalty of not more than |
| 22 | | $1,000 for each violation. |
| 23 | | Each qualified political advertisement that is distributed |
| 24 | | or aired to the public that violates this Section is a separate |
| 25 | | violation. |
| 26 | | (e) This Section does not apply to any of the following: |
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| 1 | | (1) a radio or television broadcasting station, |
| 2 | | including a cable or satellite television operator, |
| 3 | | programmer, or producer, streaming service, or mobile |
| 4 | | application of one of the entities described in this |
| 5 | | paragraph that broadcasts a qualified political |
| 6 | | advertisement or a communication generated in whole or |
| 7 | | substantially by artificial intelligence as part of a bona |
| 8 | | fide newscast, news interview, news documentary, or |
| 9 | | on-the-spot coverage of bona fide news events, if the |
| 10 | | broadcast clearly acknowledges through content or a |
| 11 | | disclosure, in a manner that can be easily heard or read by |
| 12 | | the average listener or viewer, that there are questions |
| 13 | | about the authenticity of the communication; |
| 14 | | (2) a radio or television broadcasting station, |
| 15 | | including a cable or satellite television operator, |
| 16 | | programmer, or producer, streaming service, or mobile |
| 17 | | application of one of the entities described in this |
| 18 | | paragraph when the entity is paid to broadcast qualified |
| 19 | | political advertisements if the entity does not |
| 20 | | intentionally remove or modify any disclaimer provided by |
| 21 | | the creator or sponsor of the election communication; |
| 22 | | (3) a distribution platform that publishes qualified |
| 23 | | political advertisements prohibited under this Section, if |
| 24 | | the distribution platform has a clearly stated written |
| 25 | | policy, provided to any person, committee, or other entity |
| 26 | | that creates, seeks to publish, or originally distributes |
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| 1 | | a qualified political advertisement, that the qualified |
| 2 | | political advertisement shall include a statement |
| 3 | | consistent with subsection (b); |
| 4 | | (4) a qualified political advertisement that |
| 5 | | constitutes satire or parody; and |
| 6 | | (5) a business or its affiliate if the business or its |
| 7 | | affiliate is regulated by the Federal Communications |
| 8 | | Commission. |
| 9 | | (f) A distribution platform is not liable under this |
| 10 | | Section if the distribution platform can show that it provided |
| 11 | | notice to the distributor of a qualified political |
| 12 | | advertisement of the distribution platform's prohibitions |
| 13 | | concerning the failure to disclose content created in whole or |
| 14 | | substantially by artificial intelligence in a qualified |
| 15 | | political advertisement or prerecorded telephone message. |
| 16 | | (g) If a person, committee, or other entity violates |
| 17 | | subsection (b) by creating, publishing, or disclosing a |
| 18 | | qualified political advertisement that features another |
| 19 | | candidate and that does not satisfy the requirements of this |
| 20 | | Section, then the featured candidate may petition the circuit |
| 21 | | court for injunctive relief to prohibit publication or |
| 22 | | disclosure of the qualified political advertisement. A |
| 23 | | featured candidate that prevails in circuit court under this |
| 24 | | subsection may recover reasonable attorney's fees and costs. |
| 25 | | Article 999. |
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| 1 | | Section 999-95. No acceleration or delay. Where this Act |
| 2 | | makes changes in a statute that is represented in this Act by |
| 3 | | text that is not yet or no longer in effect (for example, a |
| 4 | | Section represented by multiple versions), the use of that |
| 5 | | text does not accelerate or delay the taking effect of (i) the |
| 6 | | changes made by this Act or (ii) provisions derived from any |
| 7 | | other Public Act. |
| 8 | | Section 999-97. Severability. The provisions of this Act |
| 9 | | are severable under Section 1.31 of the Statute on Statutes. |
| 10 | | Section 999-99. Effective date. This Act takes effect upon |
| 11 | | becoming law.". |