SB1799 96TH GENERAL ASSEMBLY

LRB096 04115 JAM 14155 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1799

Introduced 2/20/2009, by Sen. Dale A. Righter

SYNOPSIS AS INTRODUCED:

10 ILCS 5/16-6

from Ch. 46, par. 16-6

Amends the Election Code. Provides that the Code's electronic voting equipment provisions that modify the Code's requirement of a separate ballot for constitutional amendments and constitutional convention calls supersede that separate ballot requirement. Removes the requirement that constitutional amendment and constitutional convention call ballots be printed on blue paper. Removes the requirement that a constitutional convention call ballot include language concerning the effect of not voting.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Section 16-6 as follows:

(10 ILCS 5/16-6) (from Ch. 46, par. 16-6)

Sec. 16-6. Whenever one or more proposals for amendment of the constitution or the calling of a constitutional convention or any combination thereof is or are to be voted upon by the people, the proposition or propositions for the adoption or rejection of such amendment or amendments or convention shall be submitted upon a ballot separate from the "Official Ballot" containing the names of candidates for State and other offices to be voted at such election. Such separate ballot shall be printed upon paper of a distinctly blue color and shall, as near as may be practicable, be of uniform size and blue color, but any variation in the size of such ballots or in the tincture of blue employed shall not affect or impair the validity thereof. Preceding each proposal to amend the constitution shall be printed the brief explanation of the amendment, prepared by the General Assembly, or in the case of a proposed amendment initiated by petition pursuant to Section 3 of Article XIV of the Constitution of the State of Illinois by the principal proponents of the amendment as approved by the Attorney General, and immediately below the explanation, the proposition shall be printed in substantially the following form:

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YES For the proposed amendment - ---------- to Article ______ (or Section NO _______ of Article ______) of the Constitution.

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In the case of a proposition for the calling of a constitutional convention, such proposition shall be printed in substantially the following form:

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YES For the calling - ---------- of a Constitutional NO Convention.

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On the back or outside of the ballot so as to appear when folded, shall be printed the words "CONSTITUTION BALLOT", followed by the designation of the polling place for which the ballot is prepared, the date of the election and a facsimile of the signature of the clerk or other officer who has caused the ballots to be printed. Immediately above the words "CONSTITUTION BALLOT" in the case of a proposition for the calling of a constitutional convention the following legend shall be printed in bold face type:

"NOTICE

THE FAILURE TO VOTE THIS BALLOT IS THE EQUIVALENT OF A NEGATIVE VOTE. (THIS IS NOT TO BE CONSTRUED AS A DIRECTION THAT YOUR VOTE IS REQUIRED TO BE CAST EITHER IN FAVOR OF OR IN OPPOSITION TO THE PROPOSITION HEREIN CONTAINED.)

WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".

Immediately above the words "CONSTITUTION BALLOT", in the case of a proposition to amend the Constitution or for the calling of a constitutional convention, the following legend shall be printed in bold face type:

"NOTICE

WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH."

If a proposition for the calling of a constitutional convention is submitted at the same election as one or more propositions to amend the constitution, the proposition for the calling of a constitutional convention shall be printed at the top of the ballot. In such case, the back or outside of the ballot shall be printed the same as if it were a proposal solely to amend the constitution.

Where voting machines or electronic voting systems are used, the provisions of this Section may be modified as required or authorized by Article 24, or Article 24A, 24B, or 24C, whichever is applicable. The provisions of Sections 24A-6, 24B-6, and 24C-6 of this Code, to the extent that they modify the separate ballot requirement of this Section, shall supersede the separate ballot requirement of this Section.

(Source: P.A. 81-163.)