Rep. LaToya Greenwood
Filed: 3/23/2018
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1 | AMENDMENT TO HOUSE BILL 1010
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2 | AMENDMENT NO. ______. Amend House Bill 1010 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Sections 1A-6, 1A-6.1, 1A-7, 2A-1.2, 4-6.2, 4-11, 4-12, 4-22, | ||||||
6 | 5-14, 5-15, 5-16.2, 5-29, 6-24, 6-44, 6-50.2, 6-60, 6-66, 6-70, | ||||||
7 | 6A-3, 7-1, 7-2, 7-4, 7-7, 7-8, 7-8.01, 7-8.02, 7-9, 7-9.1, | ||||||
8 | 7-10, 7-11, 7-12, 7-13, 7-14.1, 7-17, 7-19, 7-25, 7-34, 7-46, | ||||||
9 | 7-51, 7-53, 7-55, 7-56, 7-58, 7-59, 7-60, 7-60.1, 8-5, 8-6, | ||||||
10 | 8-7, 9-1.3, 9-1.8, 9-2, 9-8.10, 9-11, 9-15, 9-20, 10-2, 10-6.2, | ||||||
11 | 10-8, 10-9, 10-10, 11-6, 13-1, 13-1.1, 13-2, 13-3, 13-4, 14-1, | ||||||
12 | 14-3.1, 14-3.2, 14-5, 17-18.1, 17-22, 17-23, 18-1, 18-14, 21-1, | ||||||
13 | 22-1, 22-4, 22-8, 22-15, 22-15.1, 24-13, 24A-10, 24A-11, | ||||||
14 | 24A-15, 24B-10, 24B-11, 24B-15, 24C-13, 24C-15, 25-6, 25-11, | ||||||
15 | 28-13, 29B-10, 29B-20, 29B-25, and 29B-30 as follows:
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16 | (10 ILCS 5/1A-6) (from Ch. 46, par. 1A-6)
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1 | Sec. 1A-6.
One member of the State Board of Elections shall | ||||||
2 | be elected by
the members of the Board to be chairperson | ||||||
3 | chairman and shall serve as chairperson chairman of
the Board | ||||||
4 | for a term ending June 30, 1979. On July 1 of 1979 and on July
1 | ||||||
5 | of each odd-numbered year thereafter, a chairperson chairman | ||||||
6 | shall be elected by
the members of the Board for a 2 year term | ||||||
7 | ending June 30 of the next
odd-numbered year. If July 1 of any | ||||||
8 | odd-numbered year does not fall on a
business day, said | ||||||
9 | election shall be held on the first business day
thereafter. | ||||||
10 | The chairperson chairman elected for each 2 year term shall not | ||||||
11 | be of
the same political party affiliation as the prior | ||||||
12 | chairperson chairman . Whenever a
vacancy occurs in the office | ||||||
13 | of chairperson chairman , a new chairperson chairman of the same | ||||||
14 | political
party affiliation shall be
elected for the remainder | ||||||
15 | of the vacating chairperson's chairman's term. Whenever a | ||||||
16 | chairperson
chairman is elected, the Board shall elect from | ||||||
17 | among its members, a
vice chairperson chairman who shall not be | ||||||
18 | of the same political party affiliation
as the chairperson | ||||||
19 | chairman .
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20 | Upon the confirmation of all of the members of the State | ||||||
21 | Board of Elections
initially appointed under the amendatory Act | ||||||
22 | of 1978, the Governor shall
designate one of the members as | ||||||
23 | interim chairperson chairman who shall preside over
the Board | ||||||
24 | until a chairperson chairman is elected pursuant to this | ||||||
25 | Section.
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26 | (Source: P.A. 80-1178 .)
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1 | (10 ILCS 5/1A-6.1) (from Ch. 46, par. 1A-6.1)
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2 | Sec. 1A-6.1.
The chairperson chairman of the State Board of | ||||||
3 | Elections shall preside
at all meetings of the Board, except | ||||||
4 | that the vice chairperson chairman shall preside
at any meeting | ||||||
5 | when the chairperson chairman is absent. The salary of the | ||||||
6 | chairperson chairman
shall be $25,000 per year, or as set by | ||||||
7 | the Compensation Review Board,
whichever is greater, and the | ||||||
8 | salary of the vice-chairperson vice-chairman shall be $20,000
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9 | per year, or as set by the Compensation Review Board, whichever | ||||||
10 | is
greater. The salary of the other Board members
shall be | ||||||
11 | $15,000 per year, or as set by the Compensation Review Board,
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12 | whichever is greater. Each member shall be reimbursed for | ||||||
13 | actual expenses
incurred in the performance of his duties.
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14 | (Source: P.A. 83-1177.)
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15 | (10 ILCS 5/1A-7) (from Ch. 46, par. 1A-7)
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16 | Sec. 1A-7.
The State Board of Elections shall meet at such | ||||||
17 | time or times as the chairperson
chairman or any 4 members | ||||||
18 | shall direct, but at least once per month.
Five members of the | ||||||
19 | Board are necessary to constitute a quorum and 5 votes
are | ||||||
20 | necessary for any action of the Board
to become effective, | ||||||
21 | including the appointment of the executive director, the
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22 | employment of technical consultants and the employment of other | ||||||
23 | persons.
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24 | If a quorum is present at a meeting of the Board, one of |
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1 | the members
present may vote for the absent member pursuant to | ||||||
2 | a written proxy
signed by the absent member. A member voting by | ||||||
3 | proxy who is not in
attendance may not be counted towards the | ||||||
4 | presence of a quorum.
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5 | (Source: P.A. 80-1178.)
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6 | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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7 | Sec. 2A-1.2. Consolidated Schedule of Elections - Offices | ||||||
8 | Designated.
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9 | (a) At the general election in the appropriate | ||||||
10 | even-numbered years, the
following offices shall be filled or | ||||||
11 | shall be on the ballot as otherwise
required by this Code:
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12 | (1) Elector of President and Vice President of the | ||||||
13 | United States;
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14 | (2) United States Senator and United States | ||||||
15 | Representative;
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16 | (3) State Executive Branch elected officers;
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17 | (4) State Senator and State Representative;
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18 | (5) County elected officers, including State's | ||||||
19 | Attorney, County Board
member, County Commissioners, and | ||||||
20 | elected President of the County Board or
County Chief | ||||||
21 | Executive;
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22 | (6) Circuit Court Clerk;
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23 | (7) Regional Superintendent of Schools, except in | ||||||
24 | counties or
educational service regions in which that | ||||||
25 | office has been abolished;
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1 | (8) Judges of the Supreme, Appellate and Circuit | ||||||
2 | Courts, on the question
of retention, to fill vacancies and | ||||||
3 | newly created judicial offices;
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4 | (9) (Blank);
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5 | (10) Trustee of the Metropolitan Sanitary District of | ||||||
6 | Chicago, and elected
Trustee of other Sanitary Districts;
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7 | (11) Special District elected officers, not otherwise | ||||||
8 | designated in this
Section, where the statute creating or | ||||||
9 | authorizing the creation of
the district requires an annual | ||||||
10 | election and permits or requires election
of candidates of | ||||||
11 | political parties.
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12 | (b) At the general primary election:
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13 | (1) in each even-numbered year candidates of political | ||||||
14 | parties shall be
nominated for those offices to be filled | ||||||
15 | at the general election in that
year, except where pursuant | ||||||
16 | to law nomination of candidates of political
parties is | ||||||
17 | made by caucus.
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18 | (2) in the appropriate even-numbered years the | ||||||
19 | political party offices of
State central committeeperson | ||||||
20 | committeeman , township committeeperson committeeman , ward | ||||||
21 | committeeperson committeeman , and
precinct committeeperson | ||||||
22 | committeeman shall be filled and delegates and alternate | ||||||
23 | delegates
to the National nominating conventions shall be | ||||||
24 | elected as may be required
pursuant to this Code. In the | ||||||
25 | even-numbered years in which a Presidential
election is to | ||||||
26 | be held, candidates in the Presidential preference primary
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1 | shall also be on the ballot.
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2 | (3) in each even-numbered year, where the municipality | ||||||
3 | has provided for
annual elections to elect municipal | ||||||
4 | officers pursuant to Section 6(f) or
Section 7 of Article | ||||||
5 | VII of the Constitution, pursuant to the Illinois
Municipal | ||||||
6 | Code or pursuant to the municipal charter, the offices of | ||||||
7 | such
municipal officers shall be filled at an election held | ||||||
8 | on the date of the
general primary election, provided that | ||||||
9 | the municipal election shall be a
nonpartisan election | ||||||
10 | where required by the Illinois Municipal Code. For
partisan | ||||||
11 | municipal elections in even-numbered years, a primary to | ||||||
12 | nominate
candidates for municipal office to be elected at | ||||||
13 | the general primary
election shall be held on the Tuesday 6 | ||||||
14 | weeks preceding that election.
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15 | (4) in each school district which has adopted the | ||||||
16 | provisions of
Article 33 of the School Code, successors to | ||||||
17 | the members of the board
of education whose terms expire in | ||||||
18 | the year in which the general primary is
held shall be | ||||||
19 | elected.
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20 | (c) At the consolidated election in the appropriate | ||||||
21 | odd-numbered years,
the following offices shall be filled:
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22 | (1) Municipal officers, provided that in | ||||||
23 | municipalities in which
candidates for alderman or other | ||||||
24 | municipal office are not permitted by law
to be candidates | ||||||
25 | of political parties, the runoff election where required
by | ||||||
26 | law, or the nonpartisan election where required by law, |
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1 | shall be held on
the date of the consolidated election; and | ||||||
2 | provided further, in the case of
municipal officers | ||||||
3 | provided for by an ordinance providing the form of
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4 | government of the municipality pursuant to Section 7 of | ||||||
5 | Article VII of the
Constitution, such offices shall be | ||||||
6 | filled by election or by runoff
election as may be provided | ||||||
7 | by such ordinance;
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8 | (2) Village and incorporated town library directors;
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9 | (3) City boards of stadium commissioners;
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10 | (4) Commissioners of park districts;
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11 | (5) Trustees of public library districts;
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12 | (6) Special District elected officers, not otherwise | ||||||
13 | designated in this
section, where the statute creating or | ||||||
14 | authorizing the creation of the district
permits or | ||||||
15 | requires election of candidates of political parties;
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16 | (7) Township officers, including township park | ||||||
17 | commissioners, township
library directors, and boards of | ||||||
18 | managers of community buildings, and
Multi-Township | ||||||
19 | Assessors;
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20 | (8) Highway commissioners and road district clerks;
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21 | (9) Members of school boards in school districts which | ||||||
22 | adopt Article 33
of the School Code;
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23 | (10) The directors and chairperson chairman of the | ||||||
24 | Chain O Lakes - Fox River Waterway
Management Agency;
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25 | (11) Forest preserve district commissioners elected | ||||||
26 | under Section 3.5 of
the Downstate Forest Preserve District |
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1 | Act;
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2 | (12) Elected members of school boards, school | ||||||
3 | trustees, directors of
boards of school directors, | ||||||
4 | trustees of county boards of school trustees
(except in | ||||||
5 | counties or educational service regions having a | ||||||
6 | population
of 2,000,000 or more inhabitants) and members of | ||||||
7 | boards of school inspectors,
except school boards in school
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8 | districts that adopt Article 33 of the School Code;
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9 | (13) Members of Community College district boards;
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10 | (14) Trustees of Fire Protection Districts;
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11 | (15) Commissioners of the Springfield Metropolitan | ||||||
12 | Exposition and
Auditorium
Authority;
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13 | (16) Elected Trustees of Tuberculosis Sanitarium | ||||||
14 | Districts;
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15 | (17) Elected Officers of special districts not | ||||||
16 | otherwise designated in
this Section for which the law | ||||||
17 | governing those districts does not permit
candidates of | ||||||
18 | political parties.
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19 | (d) At the consolidated primary election in each | ||||||
20 | odd-numbered year,
candidates of political parties shall be | ||||||
21 | nominated for those offices to be
filled at the consolidated | ||||||
22 | election in that year, except where pursuant to
law nomination | ||||||
23 | of candidates of political parties is made by caucus, and
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24 | except those offices listed in paragraphs (12) through (17) of | ||||||
25 | subsection
(c).
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26 | At the consolidated primary election in the appropriate |
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1 | odd-numbered years,
the mayor, clerk, treasurer, and aldermen | ||||||
2 | shall be elected in
municipalities in which
candidates for | ||||||
3 | mayor, clerk, treasurer, or alderman are not permitted by
law | ||||||
4 | to be candidates
of political parties, subject to runoff | ||||||
5 | elections to be held at the
consolidated election as may be | ||||||
6 | required
by law, and municipal officers shall be nominated in a | ||||||
7 | nonpartisan election
in municipalities in which pursuant to law | ||||||
8 | candidates for such office are
not permitted to be candidates | ||||||
9 | of political parties.
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10 | At the consolidated primary election in the appropriate | ||||||
11 | odd-numbered years,
municipal officers shall be nominated or | ||||||
12 | elected, or elected subject to
a runoff, as may be provided by | ||||||
13 | an ordinance providing a form of government
of the municipality | ||||||
14 | pursuant to Section 7 of Article VII of the Constitution.
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15 | (e) (Blank).
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16 | (f) At any election established in Section 2A-1.1, public | ||||||
17 | questions may
be submitted to voters pursuant to this Code and | ||||||
18 | any special election
otherwise required or authorized by law or | ||||||
19 | by court order may be conducted
pursuant to this Code.
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20 | Notwithstanding the regular dates for election of officers | ||||||
21 | established
in this Article, whenever a referendum is held for | ||||||
22 | the establishment of
a political subdivision whose officers are | ||||||
23 | to be elected, the initial officers
shall be elected at the | ||||||
24 | election at which such referendum is held if otherwise
so | ||||||
25 | provided by law. In such cases, the election of the initial | ||||||
26 | officers
shall be subject to the referendum.
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1 | Notwithstanding the regular dates for election of | ||||||
2 | officials established
in this Article, any community college | ||||||
3 | district which becomes effective by
operation of law pursuant | ||||||
4 | to Section 6-6.1 of the Public Community College
Act, as now or | ||||||
5 | hereafter amended, shall elect the initial district board
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6 | members at the next regularly scheduled election following the | ||||||
7 | effective
date of the new district.
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8 | (g) At any election established in Section 2A-1.1, if in | ||||||
9 | any precinct
there are no offices or public questions required | ||||||
10 | to be on the ballot under
this Code then no election shall be | ||||||
11 | held in the precinct on that date.
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12 | (h) There may be conducted a
referendum in accordance with | ||||||
13 | the provisions of Division 6-4 of the
Counties Code.
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14 | (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, | ||||||
15 | eff. 8-9-96; 90-358, eff. 1-1-98.)
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16 | (10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
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17 | Sec. 4-6.2. (a) The county clerk shall appoint all | ||||||
18 | municipal and township
or road district clerks or their duly | ||||||
19 | authorized deputies as deputy registrars
who may accept the | ||||||
20 | registration of all qualified residents of the State.
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21 | The county clerk shall appoint all precinct | ||||||
22 | committeepersons in the county
as deputy registrars who may | ||||||
23 | accept the registration of any qualified resident
of the State, | ||||||
24 | except during the 27 days preceding an election.
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25 | The county clerk shall appoint each of the following named |
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1 | persons as deputy
registrars upon the written request of such | ||||||
2 | persons:
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3 | 1. The chief librarian, or a qualified person | ||||||
4 | designated by the chief
librarian, of any public library | ||||||
5 | situated within the election jurisdiction,
who may accept | ||||||
6 | the registrations of any qualified resident of the State,
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7 | at such library.
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8 | 2. The principal, or a qualified person designated by | ||||||
9 | the principal, of
any high school, elementary school, or | ||||||
10 | vocational school situated
within the election | ||||||
11 | jurisdiction, who may accept the registrations of any
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12 | qualified resident of the State, at such school. The county | ||||||
13 | clerk shall notify
every principal and vice-principal of | ||||||
14 | each high school, elementary school, and
vocational school | ||||||
15 | situated within the election jurisdiction of their
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16 | eligibility to serve as deputy registrars and offer | ||||||
17 | training courses for
service as deputy registrars at | ||||||
18 | conveniently located facilities at least 4
months prior to | ||||||
19 | every election.
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20 | 3. The president, or a qualified person designated by | ||||||
21 | the president, of
any university, college, community | ||||||
22 | college, academy or other institution of
learning situated | ||||||
23 | within the election jurisdiction, who may accept the
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24 | registrations of any resident of the State, at such | ||||||
25 | university, college,
community college, academy or | ||||||
26 | institution.
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1 | 4. A duly elected or appointed official of a bona fide | ||||||
2 | labor organization,
or a reasonable number of qualified | ||||||
3 | members designated by such official,
who may accept the | ||||||
4 | registrations of any qualified resident of the State.
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5 | 5. A duly elected or appointed official of a bonafide | ||||||
6 | State civic
organization, as defined and determined by rule | ||||||
7 | of the State Board of
Elections, or qualified members | ||||||
8 | designated by such official, who may accept
the | ||||||
9 | registration of any qualified resident of the State.
In | ||||||
10 | determining the number of deputy registrars that shall be | ||||||
11 | appointed,
the county clerk shall consider the population | ||||||
12 | of the jurisdiction, the
size of the organization, the | ||||||
13 | geographic size of the jurisdiction,
convenience for the | ||||||
14 | public, the existing number of deputy registrars in the
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15 | jurisdiction and their location, the registration | ||||||
16 | activities of the
organization and the need to appoint | ||||||
17 | deputy registrars to assist and
facilitate the | ||||||
18 | registration of non-English speaking individuals. In no
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19 | event shall a county clerk fix an arbitrary number | ||||||
20 | applicable to every
civic organization requesting | ||||||
21 | appointment of its members as deputy
registrars. The State | ||||||
22 | Board of Elections shall by rule provide for
certification | ||||||
23 | of bonafide State civic organizations. Such appointments
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24 | shall be made for a period not to exceed 2 years, | ||||||
25 | terminating on the first
business day of the month | ||||||
26 | following the month of the general election, and
shall be |
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1 | valid for all periods of voter registration as provided by | ||||||
2 | this
Code during the terms of such appointments.
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3 | 6.
The Director of Healthcare and Family Services, or a
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4 | reasonable number of employees designated by the Director | ||||||
5 | and located at
public aid offices, who may accept the | ||||||
6 | registration of any qualified
resident of the county at any | ||||||
7 | such public aid office.
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8 | 7.
The Director of the Illinois Department of | ||||||
9 | Employment Security, or a
reasonable number of employees | ||||||
10 | designated by the Director and located at
unemployment | ||||||
11 | offices, who may accept the registration of any qualified
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12 | resident of the county at any such unemployment office.
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13 | 8. The president of any corporation as defined by the | ||||||
14 | Business
Corporation Act of 1983, or a reasonable number of | ||||||
15 | employees designated by
such president, who may accept the | ||||||
16 | registrations of any qualified resident
of the State.
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17 | If the request to be appointed as deputy registrar is | ||||||
18 | denied, the
county clerk shall, within 10 days after the date | ||||||
19 | the request is submitted,
provide the affected individual or | ||||||
20 | organization with written notice setting
forth the specific | ||||||
21 | reasons or criteria relied upon to deny the request to
be | ||||||
22 | appointed as deputy registrar.
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23 | The county clerk may appoint as many additional deputy | ||||||
24 | registrars as he
considers necessary. The county clerk shall | ||||||
25 | appoint such additional deputy
registrars in such manner that | ||||||
26 | the convenience of the public is served,
giving due |
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1 | consideration to both population concentration and area. Some
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2 | of the additional deputy registrars shall be selected so that | ||||||
3 | there are an
equal number from each of the 2 major political | ||||||
4 | parties in the election
jurisdiction. The county clerk, in | ||||||
5 | appointing an additional deputy
registrar, shall make the | ||||||
6 | appointment from a list of applicants submitted
by the | ||||||
7 | Chairperson Chairman of the County Central Committee of the | ||||||
8 | applicant's
political party. A Chairperson Chairman of a County | ||||||
9 | Central Committee shall submit a
list of applicants to the | ||||||
10 | county clerk by November 30 of each year. The
county clerk may | ||||||
11 | require a Chairperson Chairman of a County Central Committee to
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12 | furnish a supplemental list of applicants.
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13 | Deputy registrars may accept registrations at any time | ||||||
14 | other than the 27
day period preceding an election. All persons | ||||||
15 | appointed as deputy
registrars shall be registered voters | ||||||
16 | within the county and shall take and
subscribe to the following | ||||||
17 | oath or affirmation:
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18 | "I do solemnly swear (or affirm, as the case may be) that I | ||||||
19 | will support
the Constitution of the United States, and the | ||||||
20 | Constitution of the State
of Illinois, and that I will | ||||||
21 | faithfully discharge the duties of the office
of deputy | ||||||
22 | registrar to the best of my ability and that I will register no
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23 | person nor cause the registration of any person except upon his | ||||||
24 | personal
application before me.
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25 | ............................
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26 | (Signature Deputy Registrar)"
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1 | This oath shall be administered by the county clerk, or by | ||||||
2 | one of his
deputies, or by any person qualified to take | ||||||
3 | acknowledgement of deeds and
shall immediately thereafter be | ||||||
4 | filed with the county clerk.
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5 | Appointments of deputy registrars under this Section, | ||||||
6 | except precinct committeepersons
committeemen , shall be for | ||||||
7 | 2-year terms, commencing on December 1 following
the general | ||||||
8 | election of each even-numbered year; except that the terms of
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9 | the initial appointments shall be until December 1st following | ||||||
10 | the next
general election. Appointments of precinct | ||||||
11 | committeepersons committeemen shall be for 2-year
terms | ||||||
12 | commencing on the date of the county convention following the | ||||||
13 | general
primary at which they were elected. The county clerk | ||||||
14 | shall issue a
certificate of appointment to each deputy | ||||||
15 | registrar, and shall maintain in
his office for public | ||||||
16 | inspection a list of the names of all appointees.
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17 | (b) The county clerk shall be responsible for training all | ||||||
18 | deputy registrars
appointed pursuant to subsection (a), at | ||||||
19 | times and locations reasonably
convenient for both the county | ||||||
20 | clerk and such appointees. The county clerk
shall be | ||||||
21 | responsible for certifying and supervising all deputy | ||||||
22 | registrars
appointed pursuant to subsection (a). Deputy | ||||||
23 | registrars appointed under
subsection (a) shall be subject to | ||||||
24 | removal for cause.
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25 | (c)
Completed registration materials under the control of | ||||||
26 | deputy registrars,
appointed pursuant to subsection (a), shall |
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| |||||||
1 | be returned to the appointing election
authority by first-class | ||||||
2 | mail within 2 business days or personal delivery within 7 days, | ||||||
3 | except that completed registration materials
received by the | ||||||
4 | deputy registrars during the period between the 35th and
28th | ||||||
5 | day preceding an election shall be returned by the deputy
| ||||||
6 | registrars to
the appointing election authority within 48 hours | ||||||
7 | after receipt thereof. The
completed registration materials | ||||||
8 | received by the deputy registrars on the
28th day preceding an | ||||||
9 | election shall be returned by the deputy
registrars
within 24 | ||||||
10 | hours after receipt thereof. Unused materials shall be returned
| ||||||
11 | by deputy registrars appointed pursuant to paragraph 4 of | ||||||
12 | subsection (a),
not later than the next working day following | ||||||
13 | the close of registration.
| ||||||
14 | (d) The county clerk or board of election commissioners, as | ||||||
15 | the case may
be, must provide any additional forms requested by | ||||||
16 | any deputy registrar
regardless of the number of unaccounted | ||||||
17 | registration forms the deputy registrar
may have in his or her | ||||||
18 | possession.
| ||||||
19 | (e) No deputy registrar shall engage in any electioneering | ||||||
20 | or the promotion
of any cause during the performance of his or | ||||||
21 | her duties.
| ||||||
22 | (f) The county clerk shall not be criminally or civilly | ||||||
23 | liable for the
acts or omissions of any deputy registrar. Such | ||||||
24 | deputy registrars shall
not be deemed to be employees of the | ||||||
25 | county clerk.
| ||||||
26 | (g) Completed registration materials returned by deputy |
| |||||||
| |||||||
1 | registrars for persons residing outside the county shall be | ||||||
2 | transmitted by the county clerk within 2 days after receipt to | ||||||
3 | the election authority of the person's election jurisdiction of | ||||||
4 | residence.
| ||||||
5 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
6 | (10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
| ||||||
7 | Sec. 4-11.
At least 2 weeks prior to the general November | ||||||
8 | election in
each even numbered year and the consolidated | ||||||
9 | election in
each odd-numbered
year the county clerk shall cause | ||||||
10 | a list to be made for each precinct of
all names upon the | ||||||
11 | registration record cards not marked or erased, in
alphabetical
| ||||||
12 | order, with the address, provided, that such list may be | ||||||
13 | arranged
geographically,
by street and number, in numerical | ||||||
14 | order, with respect to all precincts
in which all, or | ||||||
15 | substantially all residences of voters therein shall be
located | ||||||
16 | upon and numbered along streets, avenues, courts, or other | ||||||
17 | highways
which are either named or numbered, upon direction | ||||||
18 | either of the county
board or of the circuit court. On the | ||||||
19 | list, the county clerk shall indicate,
by italics, asterisk, or | ||||||
20 | other means, the names of all persons who have
registered since | ||||||
21 | the last regularly scheduled election in the consolidated
| ||||||
22 | schedule of elections established in Section 2A-1.1 of this | ||||||
23 | Act. The county
clerk shall cause such precinct lists to be | ||||||
24 | printed
or typed in sufficient numbers to meet all reasonable | ||||||
25 | demands, and
upon application a copy of the same shall be given |
| |||||||
| |||||||
1 | to any person applying
therefor. By such time, the county clerk | ||||||
2 | shall give the precinct lists
to the chairperson chairman of a | ||||||
3 | county central committee of an established political
party, as | ||||||
4 | such party is defined in Section 10-2 of this Act, or to the | ||||||
5 | chairperson's chairman's
duly authorized representative. | ||||||
6 | Within 30 days of the effective date of
this Amendatory Act of | ||||||
7 | 1983, the county clerk shall give the precinct lists
compiled | ||||||
8 | prior to the general November election of 1982 to the | ||||||
9 | chairperson chairman
of county central committee of an | ||||||
10 | established political party or to the chairperson's
chairman's | ||||||
11 | duly authorized representative.
| ||||||
12 | Prior to the opening of the polls for other elections, the | ||||||
13 | county clerk
shall transmit or deliver to the judges of | ||||||
14 | election of each polling place
a corrected list of registered | ||||||
15 | voters in the precinct, or the names of persons
added to and | ||||||
16 | erased or withdrawn from the list for such precinct. At other
| ||||||
17 | times such list, currently corrected, shall be kept available | ||||||
18 | for public
inspection in the office of the county clerk.
| ||||||
19 | Within 60 days after each general election the county
clerk | ||||||
20 | shall indicate by italics, asterisk, or other means, on the | ||||||
21 | list of
registered voters in each precinct, each registrant who | ||||||
22 | voted at that general
election, and shall provide a copy of | ||||||
23 | such list to the chairperson chairman of the county
central | ||||||
24 | committee of each established political party or to the | ||||||
25 | chairperson's chairman's
duly authorized representative.
| ||||||
26 | Within 60 days after the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of 1983, the
county clerk shall indicate by italics, | ||||||
2 | asterisk, or other means, on the
list of registered voters in | ||||||
3 | each precinct, each registrant who voted at
the general | ||||||
4 | election of 1982, and shall provide a copy of such coded list
| ||||||
5 | to the chairperson chairman
of the county central committee of | ||||||
6 | each established political party or to
the chairperson's | ||||||
7 | chairman's duly authorized representative.
| ||||||
8 | The county clerk may charge a fee to reimburse the actual
| ||||||
9 | cost of duplicating
each copy of a list provided under either | ||||||
10 | of the 2 preceding paragraphs.
| ||||||
11 | (Source: P.A. 90-358, eff. 1-1-98.)
| ||||||
12 | (10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
| ||||||
13 | Sec. 4-12.
Any voter or voters in the township, city, | ||||||
14 | village or
incorporated town containing such precinct, and any | ||||||
15 | precinct committeeperson committeeman
in the county, may, | ||||||
16 | between the hours of 9:00
a.m. and 5:00 p.m. of Monday and | ||||||
17 | Tuesday of the second week prior to the
week in which the 1970 | ||||||
18 | primary election for the nomination of candidates
for State and | ||||||
19 | county offices or any election thereafter is to be held, make
| ||||||
20 | application in writing, to the county clerk, to have any name | ||||||
21 | upon the
register of any precinct erased. Such application | ||||||
22 | shall be, in substance,
in the words and figures following:
| ||||||
23 | "I being a qualified voter, registered from No. .... Street | ||||||
24 | in the ....
precinct of the .... ward of the city (village or | ||||||
25 | town of) .... (or of the
.... town of ....) do hereby solemnly |
| |||||||
| |||||||
1 | swear (or affirm) that ....
registered from No. .... Street is | ||||||
2 | not a qualified voter in the ....
precinct of .... ward of the | ||||||
3 | city (village or town) of .... (or of the ....
town of ....) | ||||||
4 | and hence I ask that his name be erased from the register of
| ||||||
5 | such precinct for the following reason .....
| ||||||
6 | Affiant further says that he has personal knowledge of the | ||||||
7 | facts set
forth in the above affidavit.
| ||||||
8 | (Signed) .....
| ||||||
9 | Subscribed and sworn to before me on (insert date).
| ||||||
10 | ....
| ||||||
11 | ....
| ||||||
12 | ....."
| ||||||
13 | Such application shall be signed and sworn to by the | ||||||
14 | applicant before
the county clerk or any deputy authorized by | ||||||
15 | the county clerk for that
purpose, and filed with said clerk. | ||||||
16 | Thereupon notice of such application,
and of the time and place | ||||||
17 | of hearing thereon, with a demand to appear
before the county | ||||||
18 | clerk and show cause why his name shall not be erased
from said | ||||||
19 | register, shall be mailed, in an envelope duly stamped and
| ||||||
20 | directed to such person at the address upon said register, at | ||||||
21 | least four
days before the day fixed in said notice to show | ||||||
22 | cause. If such person has provided the election authority with | ||||||
23 | an e-mail address, then the election authority shall also send | ||||||
24 | the same notice by electronic mail at least 4 days before the | ||||||
25 | day fixed in said notice to show cause.
|
| |||||||
| |||||||
1 | A like notice shall be mailed to the person or persons | ||||||
2 | making the
application to have the name upon such register | ||||||
3 | erased to appear and show
cause why said name should be erased, | ||||||
4 | the notice to set out the day and
hour of such hearing. If the | ||||||
5 | voter making such application fails to appear
before said clerk | ||||||
6 | at the time set for the hearing as fixed in the said
notice or | ||||||
7 | fails to show cause why the name upon such register shall be
| ||||||
8 | erased, the application to erase may be dismissed by the county | ||||||
9 | clerk.
| ||||||
10 | Any voter making the application is privileged from arrest | ||||||
11 | while
presenting it to the county clerk, and while going to and | ||||||
12 | from the office
of the county clerk.
| ||||||
13 | (Source: P.A. 98-115, eff. 10-1-13.)
| ||||||
14 | (10 ILCS 5/4-22) (from Ch. 46, par. 4-22)
| ||||||
15 | Sec. 4-22.
Except as otherwise provided in this Section | ||||||
16 | upon application
to vote each registered elector shall sign his | ||||||
17 | name or make his mark as the
case may be, on a certificate | ||||||
18 | substantially as follows:
| ||||||
19 | CERTIFICATE OF REGISTERED VOTER
| ||||||
20 | City of ....... Ward ....... Precinct .......
| ||||||
21 | Election ....... (Date) ....... (Month) ....... (Year)
| ||||||
22 | Registration Record .......
| ||||||
23 | Checked by .......
| ||||||
24 | Voter's number ....
| ||||||
25 | INSTRUCTION TO VOTERS
|
| |||||||
| |||||||
1 | Sign this certificate and hand it to the election officer | ||||||
2 | in charge. After
the registration record has been checked, the | ||||||
3 | officer will hand it back
to you. Whereupon you shall present | ||||||
4 | it to the officer in charge of the ballots.
| ||||||
5 | I hereby certify that I am registered from the address | ||||||
6 | below and am qualified to vote.
| ||||||
7 | Signature of voter .......
| ||||||
8 | residence address .......
| ||||||
9 | An individual shall not be required to provide his social
| ||||||
10 | security number when applying for a ballot. He shall not be | ||||||
11 | denied a
ballot, nor shall his ballot be challenged, solely | ||||||
12 | because of his refusal
to provide his social security number.
| ||||||
13 | Nothing in this Act prevents an individual from being requested
| ||||||
14 | to provide his social security number when the individual | ||||||
15 | applies for a
ballot.
If, however, the certificate contains a | ||||||
16 | space for the individual's
social security number, the | ||||||
17 | following notice shall appear on the
certificate, immediately | ||||||
18 | above such space,
in bold-face capital letters, in type the | ||||||
19 | size of which
equals the largest type on the certificate:
| ||||||
20 | "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT IS | ||||||
21 | NOT REQUIRED
TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. HE | ||||||
22 | OR SHE MAY NOT BE DENIED
A BALLOT, NOR SHALL HIS OR HER BALLOT | ||||||
23 | BE CHALLENGED, SOLELY BECAUSE OF HIS
OR HER REFUSAL TO PROVIDE | ||||||
24 | HIS OR HER SOCIAL
SECURITY NUMBER."
| ||||||
25 | The certificates of each State-wide political party at a | ||||||
26 | general primary election
shall be separately printed upon paper |
| |||||||
| |||||||
1 | of uniform quality, texture and size,
but the certificates of | ||||||
2 | no 2 State-wide political parties shall be of the
same color or | ||||||
3 | tint. However, if the election authority provides computer
| ||||||
4 | generated applications with the precinct, ballot style and | ||||||
5 | voter's name
and address preprinted on the application, a | ||||||
6 | single application may be used
for State-wide political parties | ||||||
7 | if it contains spaces or check-off boxes
to indicate the | ||||||
8 | political party. Such application shall not entitle the
voter | ||||||
9 | to vote in the primary of more than one political party at the | ||||||
10 | same election.
| ||||||
11 | At the consolidated primary, such certificates may contain | ||||||
12 | spaces or checkoff
boxes permitting the voter to request a | ||||||
13 | primary ballot of any other political
party which is | ||||||
14 | established only within a political subdivision and for which
a | ||||||
15 | primary is conducted on the same election day. Such application | ||||||
16 | shall
not entitle the voter
to vote in both the primary of the | ||||||
17 | State-wide political party and the primary
of the local | ||||||
18 | political party with respect to the offices of the same | ||||||
19 | political
subdivision. In no event may a voter vote in more | ||||||
20 | than one State-wide primary
on the same day.
| ||||||
21 | The judges in charge of the precinct registration files | ||||||
22 | shall compare the
signature upon such certificate with the | ||||||
23 | signature on the registration record
card as a means of | ||||||
24 | identifying the voter. Unless satisfied by such comparison
that | ||||||
25 | the applicant to vote is the identical person who is registered | ||||||
26 | under
the same name, the judges shall ask such applicant the |
| |||||||
| |||||||
1 | questions for identification
which appear on the registration | ||||||
2 | card, and if the applicant does not prove
to the satisfaction | ||||||
3 | of a majority of the judges of the election precinct
that he is | ||||||
4 | the identical person registered under the name in question then
| ||||||
5 | the vote of such applicant shall be challenged by a judge of | ||||||
6 | election, and
the same procedure
followed as provided by law | ||||||
7 | for challenged voters.
| ||||||
8 | In case the elector is unable to sign his name, a judge of | ||||||
9 | election shall
check the data on the registration card and | ||||||
10 | shall check the address given,
with the registered address, in | ||||||
11 | order to determine whether he is entitled to vote.
| ||||||
12 | One of the judges of election shall check the certificate | ||||||
13 | of each applicant
for a ballot after the registration record | ||||||
14 | has been examined, and shall
sign his initials on the | ||||||
15 | certificate in the space provided therefor, and
shall enter | ||||||
16 | upon such certificate the number of the voter in the place | ||||||
17 | provided
therefor, and make an entry in the voting record space | ||||||
18 | on the registration
record, to indicate whether or not the | ||||||
19 | applicant voted. Such judge shall
then hand such certificate | ||||||
20 | back to the applicant in case he is permitted
to vote, and such | ||||||
21 | applicant shall hand it to the judge of election in charge
of | ||||||
22 | the ballots. The certificates of the voters shall be filed in | ||||||
23 | the order
in which they are received and shall constitute an | ||||||
24 | official poll record.
The term "poll lists" and "poll books", | ||||||
25 | where used in this Article, shall
be construed to apply to such | ||||||
26 | official poll record.
|
| |||||||
| |||||||
1 | After each general primary election the county clerk shall | ||||||
2 | indicate by
color code or other means next to the name of each | ||||||
3 | registrant on the list
of registered voters in each precinct | ||||||
4 | the primary ballot of a political
party that the registrant | ||||||
5 | requested at that general primary election. The
county clerk, | ||||||
6 | within 60 days after the general primary election, shall | ||||||
7 | provide
a copy of this coded list to the chairperson chairman | ||||||
8 | of the county central committee
of each established political | ||||||
9 | party or to the chairperson's chairman's duly authorized | ||||||
10 | representative.
| ||||||
11 | Within 60 days after the effective date of this amendatory | ||||||
12 | Act of 1983,
the county clerk shall provide to the chairperson | ||||||
13 | chairman of the county central committee
of each established | ||||||
14 | political party or to the chairperson's chairman's duly | ||||||
15 | authorized
representative
the list of registered voters in each | ||||||
16 | precinct at the time of the general
primary election of 1982 | ||||||
17 | and shall indicate on such list by color code or
other means | ||||||
18 | next to the name of a registrant the primary ballot of a | ||||||
19 | political
party that the registrant requested at the general | ||||||
20 | primary election of 1982.
| ||||||
21 | The county clerk may charge a fee to reimburse the actual
| ||||||
22 | cost of duplicating
each copy of a list provided under either | ||||||
23 | of the 2 preceding paragraphs.
| ||||||
24 | Where an elector makes application to vote by signing and | ||||||
25 | presenting the
certificate provided by this Section, and his | ||||||
26 | registration record card is
not found in the precinct registry |
| |||||||
| |||||||
1 | of voters, but his name appears as that
of a registered voter | ||||||
2 | in such precinct upon the printed precinct register
as | ||||||
3 | corrected or revised by the supplemental list, or upon the | ||||||
4 | consolidated
list, if any, and whose name has not been erased | ||||||
5 | or withdrawn from such
register, the printed precinct register | ||||||
6 | as corrected or revised by the supplemental
list, or | ||||||
7 | consolidated list, if any, shall be prima facie evidence of the
| ||||||
8 | elector's right to vote upon compliance with the provisions | ||||||
9 | hereinafter
set forth in this Section. In such event one of the | ||||||
10 | judges of election
shall require an affidavit by such person | ||||||
11 | and one voter residing in the
precinct before the judges of | ||||||
12 | election, substantially in the form prescribed
in Section 17-10 | ||||||
13 | of this Act, and upon the presentation of such affidavits,
a | ||||||
14 | certificate shall be issued to such elector, and upon the | ||||||
15 | presentation
of such certificate and affidavits, he shall be | ||||||
16 | entitled to vote.
| ||||||
17 | Provided, however, that applications for ballots made by | ||||||
18 | registered voters
under the provisions of Article 19 of this | ||||||
19 | Act shall be accepted by the
Judges of Election in lieu of the | ||||||
20 | "Certificate of Registered Voter" provided
for in this Section.
| ||||||
21 | When the county clerk delivers to the judges of election | ||||||
22 | for use at the
polls a supplemental or consolidated list of the | ||||||
23 | printed precinct register,
he shall give a copy of the | ||||||
24 | supplemental or consolidated list to the chairperson chairman
| ||||||
25 | of a county central committee of an established political party | ||||||
26 | or to the chairperson's
chairman's duly authorized |
| |||||||
| |||||||
1 | representative.
| ||||||
2 | Whenever 2 or more elections occur simultaneously, the | ||||||
3 | election authority
charged with the duty of providing | ||||||
4 | application certificates may prescribe
the form thereof so that | ||||||
5 | a voter is required to execute only one, indicating
in which of | ||||||
6 | the elections he desires to vote.
| ||||||
7 | After the signature has been verified, the judges shall | ||||||
8 | determine in which
political subdivisions the voter resides by | ||||||
9 | use of the information contained
on the voter registration | ||||||
10 | cards or the separate registration lists or other
means | ||||||
11 | approved by the State Board of Elections and prepared and | ||||||
12 | supplied
by the election authority. The voter's certificate | ||||||
13 | shall be so marked by
the judges as to
show the respective | ||||||
14 | ballots which the voter is given.
| ||||||
15 | (Source: P.A. 84-809.)
| ||||||
16 | (10 ILCS 5/5-14) (from Ch. 46, par. 5-14)
| ||||||
17 | Sec. 5-14.
Either of the canvassers shall, at the end of | ||||||
18 | the canvass,
return the "Verification Lists" to the County | ||||||
19 | Clerk and a certificate of
the correctness of such return. | ||||||
20 | Immediately after receipt of such Verification
Lists, the | ||||||
21 | County Clerk shall cause copies to be printed in plain large
| ||||||
22 | type in sufficient numbers to meet all demands, and upon | ||||||
23 | application, a
copy of the same shall be given to any person | ||||||
24 | applying therefor. Thereafter
a list of registered voters in | ||||||
25 | each precinct shall be compiled by the County
clerk, prior to |
| |||||||
| |||||||
1 | the General Election to be held in November of each even
| ||||||
2 | numbered year. On the list, the County Clerk shall indicate, by | ||||||
3 | italics,
asterisk, or other means, the names of all persons who | ||||||
4 | have registered since
the last regularly scheduled election in | ||||||
5 | the consolidated schedule of elections
established in Section | ||||||
6 | 2A-1.1 of this Act.
| ||||||
7 | When the list of registered voters in each precinct is | ||||||
8 | compiled, the
County Clerk shall give a copy of it to the | ||||||
9 | chairperson chairman of a county central
committee of an | ||||||
10 | established political party, as such party is defined in
| ||||||
11 | Section 10-2 of this Act, or to the chairperson's chairman's | ||||||
12 | duly authorized representative.
Within 30 days of the effective | ||||||
13 | date of this Amendatory Act of 1983, the
County Clerk shall
| ||||||
14 | give the list of registered voters in each precinct that was | ||||||
15 | compiled prior
to the general November election of 1982 to the | ||||||
16 | chairperson chairman of a county central
committee of an | ||||||
17 | established political party or to the chairperson's chairman's | ||||||
18 | duly
authorized
representative.
| ||||||
19 | Within 60 days after each general election the county clerk
| ||||||
20 | shall indicate by italics, asterisk, or other means, on the | ||||||
21 | list of registered
voters in each precinct, each registrant who | ||||||
22 | voted at that general election,
and shall provide a copy of | ||||||
23 | such list to the chairperson chairman of the county central
| ||||||
24 | committee of each established political party or to the | ||||||
25 | chairperson's chairman's duly
authorized representative.
| ||||||
26 | Within 60 days after the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of 1983, the
county clerk shall indicate by italics, | ||||||
2 | asterisk, or other means, on the
list of registered voters in | ||||||
3 | each precinct, each registrant who voted at
the general | ||||||
4 | election of 1982, and shall provide a copy of such
coded list | ||||||
5 | to the chairperson chairman of the county central committee of | ||||||
6 | each established
political party or to the chairperson's | ||||||
7 | chairman's duly authorized representative.
| ||||||
8 | The county clerk may charge a fee to reimburse the actual
| ||||||
9 | cost of duplicating
each copy of a list provided under either | ||||||
10 | of the 2 preceding paragraphs.
| ||||||
11 | (Source: P.A. 83-1263.)
| ||||||
12 | (10 ILCS 5/5-15) (from Ch. 46, par. 5-15)
| ||||||
13 | Sec. 5-15.
Any voter or voters in the township, city, | ||||||
14 | village, or
incorporated town containing such precinct, and any | ||||||
15 | precinct committeeperson committeeman
in the county, may, | ||||||
16 | between the hours of nine
o'clock a.m. and six o'clock p.m. of | ||||||
17 | the Monday and Tuesday of the third
week immediately preceding | ||||||
18 | the week in which such April 10, 1962 Primary
Election is to be | ||||||
19 | held, make application in writing, before such County
Clerk, to | ||||||
20 | have any name upon such register of any precinct erased.
| ||||||
21 | Thereafter such application shall be made between the hours of | ||||||
22 | nine o'clock
a.m. and six o'clock p.m. of Monday and Tuesday of | ||||||
23 | the second week prior
to the week in which any county, city, | ||||||
24 | village, township, or incorporated
town election is to be held. | ||||||
25 | Such application shall be in substance, in the
words and |
| |||||||
| |||||||
1 | figures following:
| ||||||
2 | "I, being a qualified voter, registered from No. .... | ||||||
3 | Street in the ....
precinct of the .... Ward of the city | ||||||
4 | (village or town of .... ) of
the .... District .... town of | ||||||
5 | .... do hereby solemnly swear (or affirm) that
.... registered | ||||||
6 | from No. .... Street is not a qualified voter in the ....
| ||||||
7 | precinct of the .... ward of the city (village or town) of .... | ||||||
8 | or of the
.... district town of .... hence I ask that his name | ||||||
9 | be erased from the
register of such precinct for the following | ||||||
10 | reason ..... Affiant further
says that he has personal | ||||||
11 | knowledge of the facts set forth in the above
affidavit.
| ||||||
12 | (Signed) .....
| ||||||
13 | Subscribed and sworn to before me on (insert date).
| ||||||
14 | ....
| ||||||
15 | ....
| ||||||
16 | ...."
| ||||||
17 | Such application shall be signed and sworn to by the | ||||||
18 | applicant before
the County Clerk or any Deputy authorized by | ||||||
19 | the County Clerk for that
purpose, and filed with the Clerk. | ||||||
20 | Thereupon notice of such application,
with a demand to appear | ||||||
21 | before the County Clerk and show cause why his name
shall not | ||||||
22 | be erased from the register, shall be mailed by special
| ||||||
23 | delivery, duly stamped and directed, to such person, to the | ||||||
24 | address upon
said register at least 4 days before the day fixed | ||||||
25 | in said notice to
show cause. If such person has provided the | ||||||
26 | election authority with an e-mail address, then the election |
| |||||||
| |||||||
1 | authority shall also send the same notice by electronic mail at | ||||||
2 | least 4 days before the day fixed in said notice to show cause.
| ||||||
3 | A like notice shall be mailed to the person or persons | ||||||
4 | making the
application to have the name upon such register | ||||||
5 | erased to appear and show
cause why the name should be erased, | ||||||
6 | the notice to set out the day and
hour of such hearing. If the | ||||||
7 | voter making such application fails to appear
before the Clerk | ||||||
8 | at the time set for the hearing as fixed in the said
notice or | ||||||
9 | fails to show cause why the name upon such register shall be
| ||||||
10 | erased, the application may be dismissed by the County Clerk.
| ||||||
11 | Any voter making such application or applications shall be | ||||||
12 | privileged
from arrest while presenting the same to the County | ||||||
13 | Clerk, and whilst going
to and returning from the office of the | ||||||
14 | County Clerk.
| ||||||
15 | (Source: P.A. 98-115, eff. 10-1-13.)
| ||||||
16 | (10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
| ||||||
17 | Sec. 5-16.2. (a) The county clerk shall appoint all | ||||||
18 | municipal and
township clerks or their duly authorized deputies | ||||||
19 | as deputy registrars who
may accept the registration of all | ||||||
20 | qualified residents of the State.
| ||||||
21 | The county clerk shall appoint all precinct | ||||||
22 | committeepersons in the county
as deputy registrars who may | ||||||
23 | accept the registration of any qualified resident
of the State, | ||||||
24 | except during the 27 days preceding an election.
| ||||||
25 | The county clerk shall appoint each of the following named |
| |||||||
| |||||||
1 | persons as deputy
registrars upon the written request of such | ||||||
2 | persons:
| ||||||
3 | 1. The chief librarian, or a qualified person | ||||||
4 | designated by the chief
librarian, of any public library | ||||||
5 | situated within the election jurisdiction,
who may accept | ||||||
6 | the registrations of any qualified resident of the State,
| ||||||
7 | at such library.
| ||||||
8 | 2. The principal, or a qualified person designated by | ||||||
9 | the principal, of
any high school, elementary school, or | ||||||
10 | vocational school situated
within the election | ||||||
11 | jurisdiction, who may accept the registrations of any
| ||||||
12 | resident of the State, at such school. The county clerk | ||||||
13 | shall notify every
principal and vice-principal of each | ||||||
14 | high school, elementary school, and
vocational school | ||||||
15 | situated within the election jurisdiction of their
| ||||||
16 | eligibility to serve as deputy registrars and offer | ||||||
17 | training courses for
service as deputy registrars at | ||||||
18 | conveniently located facilities at least 4
months prior to | ||||||
19 | every election.
| ||||||
20 | 3. The president, or a qualified person designated by | ||||||
21 | the president, of
any university, college, community | ||||||
22 | college, academy or other institution
of learning situated | ||||||
23 | within the election jurisdiction, who may accept the
| ||||||
24 | registrations of any resident of the State, at such | ||||||
25 | university, college,
community college, academy or | ||||||
26 | institution.
|
| |||||||
| |||||||
1 | 4. A duly elected or appointed official of a bona fide | ||||||
2 | labor organization,
or a reasonable number of qualified | ||||||
3 | members designated by such official,
who may accept the | ||||||
4 | registrations of any qualified resident of the State.
| ||||||
5 | 5. A duly elected or appointed official of a bona fide | ||||||
6 | State civic
organization, as defined and determined by rule | ||||||
7 | of the State Board of
Elections, or qualified members | ||||||
8 | designated by such official, who may accept
the | ||||||
9 | registration of any qualified resident of the State.
In | ||||||
10 | determining the number of deputy registrars that shall be | ||||||
11 | appointed,
the county clerk shall consider the population | ||||||
12 | of the jurisdiction, the
size of the organization, the | ||||||
13 | geographic size of the jurisdiction,
convenience for the | ||||||
14 | public, the existing number of deputy registrars in the
| ||||||
15 | jurisdiction and their location, the registration | ||||||
16 | activities of the
organization and the need to appoint | ||||||
17 | deputy registrars to assist and
facilitate the | ||||||
18 | registration of non-English speaking individuals. In no
| ||||||
19 | event shall a county clerk fix an arbitrary number | ||||||
20 | applicable to every
civic organization requesting | ||||||
21 | appointment of its members as deputy registrars.
The State | ||||||
22 | Board of Elections shall by rule provide for
certification | ||||||
23 | of bona fide State civic organizations.
Such appointments | ||||||
24 | shall be made for a period not to exceed 2 years,
| ||||||
25 | terminating on the first business day of the month | ||||||
26 | following the month of
the general election, and shall be |
| |||||||
| |||||||
1 | valid for all periods of voter
registration as provided by | ||||||
2 | this Code during the terms of such appointments.
| ||||||
3 | 6.
The Director of Healthcare and Family Services, or a
| ||||||
4 | reasonable number of employees designated by the Director | ||||||
5 | and located at
public aid offices, who may accept the | ||||||
6 | registration of any qualified
resident of the county at any | ||||||
7 | such public aid office.
| ||||||
8 | 7.
The Director of the Illinois Department of | ||||||
9 | Employment Security, or a
reasonable number of employees | ||||||
10 | designated by the Director and located at
unemployment | ||||||
11 | offices, who may accept the registration of any qualified
| ||||||
12 | resident of the county at any such unemployment office.
| ||||||
13 | 8. The president of any corporation as defined by the | ||||||
14 | Business
Corporation Act of 1983, or a reasonable number of | ||||||
15 | employees designated by
such president, who may accept the | ||||||
16 | registrations of any qualified resident
of the State.
| ||||||
17 | If the request to be appointed as deputy registrar is | ||||||
18 | denied, the
county clerk shall, within 10 days after the date | ||||||
19 | the request is submitted,
provide the affected individual or | ||||||
20 | organization with written notice setting
forth the specific | ||||||
21 | reasons or criteria relied upon to deny the request to
be | ||||||
22 | appointed as deputy registrar.
| ||||||
23 | The county clerk may appoint as many additional deputy | ||||||
24 | registrars as he
considers necessary. The county clerk shall | ||||||
25 | appoint such additional deputy
registrars in such manner that | ||||||
26 | the convenience of the public is served,
giving due |
| |||||||
| |||||||
1 | consideration to both population concentration and area. Some
| ||||||
2 | of the additional deputy registrars shall be selected so that | ||||||
3 | there are an
equal number from each of the 2 major political | ||||||
4 | parties in the election
jurisdiction. The county clerk, in | ||||||
5 | appointing an additional deputy
registrar, shall make the | ||||||
6 | appointment from a list of applicants submitted
by the | ||||||
7 | Chairperson Chairman of the County Central Committee of the | ||||||
8 | applicant's
political party. A Chairperson Chairman of a County | ||||||
9 | Central Committee shall submit a
list of applicants to the | ||||||
10 | county clerk by November 30 of each year. The
county clerk may | ||||||
11 | require a Chairperson Chairman of a County Central Committee to
| ||||||
12 | furnish a supplemental list of applicants.
| ||||||
13 | Deputy registrars may accept registrations at any time | ||||||
14 | other than the 27
day period preceding an election. All persons | ||||||
15 | appointed as deputy
registrars shall be registered voters | ||||||
16 | within the county and shall take and
subscribe to the following | ||||||
17 | oath or affirmation:
| ||||||
18 | "I do solemnly swear (or affirm, as the case may be) that I | ||||||
19 | will support
the Constitution of the United States, and the | ||||||
20 | Constitution of the State
of Illinois, and that I will | ||||||
21 | faithfully discharge the duties of the office
of deputy | ||||||
22 | registrar to the best of my ability and that I will register
no | ||||||
23 | person nor cause the registration of any person except upon his | ||||||
24 | personal
application before me.
| ||||||
25 | ...............................
| ||||||
26 | (Signature of Deputy Registrar)"
|
| |||||||
| |||||||
1 | This oath shall be administered by the county clerk, or by | ||||||
2 | one of his
deputies, or by any person qualified to take | ||||||
3 | acknowledgement of deeds and
shall immediately thereafter be | ||||||
4 | filed with the county clerk.
| ||||||
5 | Appointments of deputy registrars under this Section, | ||||||
6 | except precinct committeepersons
committeemen , shall be for | ||||||
7 | 2-year terms, commencing on December 1 following
the general | ||||||
8 | election of each even-numbered year, except that the terms of
| ||||||
9 | the initial appointments shall be until December 1st following | ||||||
10 | the next
general election. Appointments of precinct | ||||||
11 | committeepersons committeemen shall be for
2-year terms | ||||||
12 | commencing on the date of the county convention following the
| ||||||
13 | general primary at which they were elected. The county clerk | ||||||
14 | shall issue a
certificate of appointment to each deputy | ||||||
15 | registrar, and shall maintain in
his office for public | ||||||
16 | inspection a list of the names of all appointees.
| ||||||
17 | (b) The county clerk shall be responsible for training all | ||||||
18 | deputy registrars
appointed pursuant to subsection (a), at | ||||||
19 | times and locations reasonably
convenient for both the county | ||||||
20 | clerk and such appointees. The county clerk
shall be | ||||||
21 | responsible for certifying and supervising all deputy | ||||||
22 | registrars
appointed pursuant to subsection (a). Deputy | ||||||
23 | registrars appointed under
subsection (a) shall be subject to | ||||||
24 | removal for cause.
| ||||||
25 | (c)
Completed registration materials under the control of | ||||||
26 | deputy registrars,
appointed pursuant to subsection (a), shall |
| |||||||
| |||||||
1 | be returned to the appointing election
authority by first-class | ||||||
2 | mail within 2 business days or personal delivery within 7 days, | ||||||
3 | except that completed registration materials
received by the | ||||||
4 | deputy registrars during the period between the 35th and
28th | ||||||
5 | day preceding an election shall be returned by the deputy
| ||||||
6 | registrars to
the appointing election authority within 48 hours | ||||||
7 | after receipt thereof. The
completed registration materials | ||||||
8 | received by the deputy registrars on the
28th day preceding an | ||||||
9 | election shall be returned by the deputy
registrars within 24 | ||||||
10 | hours after receipt thereof.
Unused materials shall be returned | ||||||
11 | by deputy
registrars appointed pursuant to paragraph 4 of | ||||||
12 | subsection (a), not later
than the next working day following | ||||||
13 | the close of registration.
| ||||||
14 | (d) The county clerk or board of election commissioners, as | ||||||
15 | the case may
be, must provide any additional forms requested by | ||||||
16 | any deputy registrar
regardless of the number of unaccounted | ||||||
17 | registration forms the deputy registrar
may have in his or her | ||||||
18 | possession.
| ||||||
19 | (e) No deputy registrar shall engage in any electioneering | ||||||
20 | or the promotion
of any cause during the performance of his or | ||||||
21 | her duties.
| ||||||
22 | (f) The county clerk shall not be criminally or civilly | ||||||
23 | liable for the
acts or omissions of any deputy registrar. Such | ||||||
24 | deputy registers shall not
be deemed to be employees of the | ||||||
25 | county clerk.
| ||||||
26 | (g) Completed registration materials returned by deputy |
| |||||||
| |||||||
1 | registrars for persons residing outside the county shall be | ||||||
2 | transmitted by the county clerk within 2 days after receipt to | ||||||
3 | the election authority of the person's election jurisdiction of | ||||||
4 | residence.
| ||||||
5 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
6 | (10 ILCS 5/5-29) (from Ch. 46, par. 5-29)
| ||||||
7 | Sec. 5-29.
Upon application to vote, except as hereinafter | ||||||
8 | provided
for absent electors, each registered elector shall | ||||||
9 | sign his name or make
his mark as the case may be, on a | ||||||
10 | certificate substantially as follows:
| ||||||
11 | "Certificate of Registered Voter
| ||||||
12 | Town of................District or Precinct Number..........;
| ||||||
13 | City of................Ward...............Precinct..........;
| ||||||
14 | Village of................................Precinct..........;
| ||||||
15 | Election.....................................................
| ||||||
16 | (date) (month) (year)
| ||||||
17 | Registration record
| ||||||
18 | Checked by.....................
| ||||||
19 | Voter's number..................
| ||||||
20 | Instruction to voters
| ||||||
21 | Sign this certificate and hand it to the election officer | ||||||
22 | in charge.
After the registration record has been checked, the | ||||||
23 | officer will hand it
back to you. Whereupon you shall present | ||||||
24 | it to the officer in charge of
the ballots.
| ||||||
25 | I hereby certify that I am registered from the address |
| |||||||
| |||||||
1 | below and am
qualified to vote.
| ||||||
2 | Signature of voter ...............
| ||||||
3 | Residence address ..............."
| ||||||
4 | An individual shall not be required to provide his social
| ||||||
5 | security number when applying for a ballot. He shall not be | ||||||
6 | denied a
ballot, nor shall his ballot be challenged, solely | ||||||
7 | because of his refusal
to provide his social security number.
| ||||||
8 | Nothing in this Act prevents an individual from being requested
| ||||||
9 | to provide his social security number when the individual | ||||||
10 | applies for a
ballot.
If, however, the certificate contains a | ||||||
11 | space for the individual's
social security number, the | ||||||
12 | following notice shall appear on the
certificate, immediately | ||||||
13 | above such space,
in bold-face capital letters, in type the | ||||||
14 | size of which
equals the largest type on the certificate:
| ||||||
15 | "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT IS | ||||||
16 | NOT REQUIRED
TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. HE | ||||||
17 | OR SHE MAY NOT BE DENIED
A BALLOT, NOR SHALL HIS OR HER BALLOT | ||||||
18 | BE CHALLENGED, SOLELY BECAUSE OF HIS
OR HER REFUSAL TO PROVIDE | ||||||
19 | HIS OR HER SOCIAL
SECURITY NUMBER."
| ||||||
20 | Certificates as above prescribed shall be furnished by the | ||||||
21 | county
clerk for all elections.
| ||||||
22 | The Judges in charge of the precinct registration files | ||||||
23 | shall compare
the signature upon such certificate with the | ||||||
24 | signature on the
registration record card as a means of | ||||||
25 | identifying the voter. Unless
satisfied by such comparison that | ||||||
26 | the applicant to vote is the identical
person who is registered |
| |||||||
| |||||||
1 | under the same name, the Judges shall ask such
applicant the | ||||||
2 | questions for identification which appear on the
registration | ||||||
3 | card and if the applicant does not prove to the
satisfaction of | ||||||
4 | a majority of the judges of the election precinct that
he is | ||||||
5 | the identical person registered under the name in question then
| ||||||
6 | the vote for such applicant shall be challenged by a Judge of | ||||||
7 | Election,
and the same procedure followed as provided by law | ||||||
8 | for challenged voters.
| ||||||
9 | In case the elector is unable to sign his name, a Judge of | ||||||
10 | Election
shall check the data on the registration card and | ||||||
11 | shall check the
address given, with the registered address, in | ||||||
12 | order to determine
whether he is entitled to vote.
| ||||||
13 | One of the Judges of election shall check the certificate | ||||||
14 | of each
applicant for a ballot after the registration record | ||||||
15 | has been examined
and shall sign his initials on the | ||||||
16 | certificate in the space provided
therefor, and shall enter | ||||||
17 | upon such certificate the number of the voter
in the place | ||||||
18 | provided therefor, and make an entry in the voting record
space | ||||||
19 | on the registration record, to indicate whether or not the
| ||||||
20 | applicant voted. Such judge shall then hand such certificate | ||||||
21 | back to the
applicant in case he is permitted to vote, and such | ||||||
22 | applicant shall hand
it to the judge of election in charge of | ||||||
23 | the ballots. The certificates
of the voters shall be filed in | ||||||
24 | the order in which they are received and
shall constitute an | ||||||
25 | official poll record. The term "Poll Lists" and
"Poll Books" | ||||||
26 | where used in this article 5 shall be construed to apply to
|
| |||||||
| |||||||
1 | such official poll records.
| ||||||
2 | After each general primary election the county clerk shall | ||||||
3 | indicate by
color code or other means next to the name of each | ||||||
4 | registrant on the list
of registered voters in each precinct | ||||||
5 | the primary ballot of a political
party that the registrant | ||||||
6 | requested at that general primary election. The
county clerk, | ||||||
7 | within 60 days after the general primary election, shall
| ||||||
8 | provide a copy of this coded list to the chairperson chairman | ||||||
9 | of the county central
committee of each established political | ||||||
10 | party or to the chairperson's chairman's duly
authorized | ||||||
11 | representative.
| ||||||
12 | Within 60 days after the effective date of this amendatory | ||||||
13 | Act of 1983,
the county clerk shall provide to the chairperson | ||||||
14 | chairman of the county central
committee of each established | ||||||
15 | political party or to the chairperson's chairman's duly
| ||||||
16 | authorized representative the list of registered voters in each | ||||||
17 | precinct at
the time of the general primary election of 1982 | ||||||
18 | and shall indicate on such
list by color code or other means | ||||||
19 | next to the name of a registrant the
primary ballot of a | ||||||
20 | political party that the registrant requested at the
general | ||||||
21 | primary election of 1982.
| ||||||
22 | The county clerk may charge a fee to reimburse the actual | ||||||
23 | cost of
duplicating each copy of a list provided under either | ||||||
24 | of the 2
preceding paragraphs.
| ||||||
25 | Where an elector makes application to vote by signing and | ||||||
26 | presenting
the certificate provided by this Section, and his |
| |||||||
| |||||||
1 | registration record
card is not found in the precinct registry | ||||||
2 | of voters, but his name
appears as that of a registered voter | ||||||
3 | in such precinct upon the printed
precinct list of voters and | ||||||
4 | whose name has not been erased or withdrawn
from such register, | ||||||
5 | it shall be the duty of one of the Judges of
Election to | ||||||
6 | require an affidavit by such person and two voters residing
in | ||||||
7 | the precinct before the judges of election that he is the same | ||||||
8 | person
whose name appears upon the precinct register and that | ||||||
9 | he resides in the
precinct stating the street number of his | ||||||
10 | residence. Forms for such
affidavit shall be supplied by the | ||||||
11 | county clerk for all elections. Upon
the making of such | ||||||
12 | affidavit and the presentation of his certificate
such elector | ||||||
13 | shall be entitled to vote. All affidavits made under this
| ||||||
14 | paragraph shall be preserved and returned to the county clerk | ||||||
15 | in an
envelope. It shall be the duty of the county clerk within | ||||||
16 | 30 days after
such election to take steps provided by Section | ||||||
17 | 5-27 of this article 5
for the execution of new registration | ||||||
18 | affidavits by electors who have
voted under the provisions of | ||||||
19 | this paragraph.
| ||||||
20 | Provided, however, that the applications for ballots made | ||||||
21 | by
registered voters and under the provisions of article 19 of | ||||||
22 | this act
shall be accepted by the Judges of Election in lieu of | ||||||
23 | the "certificate
of registered voter" provided for in this | ||||||
24 | section.
| ||||||
25 | When the county clerk delivers to the judges of election | ||||||
26 | for use at the
polls a supplemental or consolidated list of the |
| |||||||
| |||||||
1 | printed precinct register,
he shall give a copy of the | ||||||
2 | supplemental or consolidated list to the chairperson chairman
| ||||||
3 | of a county central committee of an established political party | ||||||
4 | or to the chairperson's
chairman's duly authorized | ||||||
5 | representative.
| ||||||
6 | Whenever two or more elections occur simultaneously, the | ||||||
7 | election
authority charged with the duty of providing | ||||||
8 | application certificates
may prescribe the form thereof so that | ||||||
9 | a voter is required to execute
only one, indicating in which of | ||||||
10 | the elections he desires to vote.
| ||||||
11 | After the signature has been verified, the judges shall | ||||||
12 | determine in
which political subdivisions the voter resides by | ||||||
13 | use of the information
contained on the voter registration | ||||||
14 | cards or the separate registration
lists or other means | ||||||
15 | approved by the State Board of Elections and
prepared and | ||||||
16 | supplied by the election authority. The voter's
certificate | ||||||
17 | shall be so marked by the judges as to show the respective
| ||||||
18 | ballots which the voter is given.
| ||||||
19 | (Source: P.A. 84-809; 84-832 .)
| ||||||
20 | (10 ILCS 5/6-24) (from Ch. 46, par. 6-24)
| ||||||
21 | Sec. 6-24.
Within 20 days after such first appointment | ||||||
22 | shall be
made, such commissioners shall organize as a board by | ||||||
23 | electing one of
their number as chairperson chairman and one as | ||||||
24 | secretary, and they shall perform
the duties incident to such | ||||||
25 | offices. And upon every new appointment of
a commissioner, such |
| |||||||
| |||||||
1 | board shall reorganize in like manner. Each
commissioner, | ||||||
2 | before taking his seat in such board, shall take an oath
of | ||||||
3 | office before the court, which in substance shall be in the | ||||||
4 | following
form:
| ||||||
5 | "I, .... do solemnly swear, (or affirm) that I am a citizen | ||||||
6 | of the
United States, and have resided in the State of
Illinois | ||||||
7 | for a period of 2 years last past, and that I am a legal
voter | ||||||
8 | and resident of the jurisdiction of the .......... Board of | ||||||
9 | Election
Commissioners. That I will support the Constitution of
| ||||||
10 | the United States and of the State of Illinois, and the laws | ||||||
11 | passed in
pursuance thereof, to the best of my ability, and | ||||||
12 | will faithfully and
honestly discharge the duties of the office | ||||||
13 | of election commissioner."
| ||||||
14 | Where the 2 year residence requirement is waived by the | ||||||
15 | appointing court,
the provision pertaining to the 2 year | ||||||
16 | residence requirement shall be omitted
from the oath of office.
| ||||||
17 | Which oath, when subscribed and sworn to before such court | ||||||
18 | shall be
filed in the office of the county clerk of said county | ||||||
19 | and be there
preserved. Such commissioner shall also, before | ||||||
20 | taking such oath, give
an official bond in the sum of | ||||||
21 | $10,000.00 with two securities, to be
approved by said court, | ||||||
22 | conditioned for the faithful and honest
performance of his | ||||||
23 | duties and the preservation of the property of his
office. Such | ||||||
24 | board of commissioners shall at once secure and open an
office | ||||||
25 | sufficient for the purposes of such board, which shall be kept
| ||||||
26 | open during ordinary business hours of each week day and such |
| |||||||
| |||||||
1 | other days
and such other times as the board may direct or as | ||||||
2 | otherwise required by
law, legal holidays excepted; provided | ||||||
3 | that such office shall be
kept open from the time of opening | ||||||
4 | the polls on the day of any election,
primary or general, and | ||||||
5 | until all returns of that election have been
received from each | ||||||
6 | precinct under the jurisdiction of such Board. Upon
the opening | ||||||
7 | of such office the county clerk of the county in which such
| ||||||
8 | city, village or incorporated town is situated shall, upon | ||||||
9 | demand, turn
over to such board all registry books, | ||||||
10 | registration record cards, poll
books, tally sheets and ballot | ||||||
11 | boxes heretofore used and all other
books, forms, blanks and | ||||||
12 | stationery of every description in his hands in
any way | ||||||
13 | relating to elections or the holding of elections within such
| ||||||
14 | city, village or incorporated town.
| ||||||
15 | (Source: P.A. 80-1437.)
| ||||||
16 | (10 ILCS 5/6-44) (from Ch. 46, par. 6-44)
| ||||||
17 | Sec. 6-44.
Any voter or voters in the ward, village or | ||||||
18 | incorporated
town containing such precinct, and any precinct | ||||||
19 | committeeperson committeeman in the
county, may, between the | ||||||
20 | hours of nine o'clock a.m. and six p.m. of
Monday and Tuesday | ||||||
21 | of the second week prior to
the week in which such election is | ||||||
22 | to be held make application in
writing, before such board of | ||||||
23 | election commissioners, to have any name
upon such register of | ||||||
24 | any precinct erased. However, in
municipalities having a | ||||||
25 | population of more than 500,000 and having a
board of election |
| |||||||
| |||||||
1 | commissioners (except as otherwise provided for such
| ||||||
2 | municipalities in Section 6-60 of this Article) and in all | ||||||
3 | cities,
villages and incorporated towns within the | ||||||
4 | jurisdiction of such board,
such application shall be made | ||||||
5 | between the hours of nine o'clock a.m.
and six o'clock p.m. of | ||||||
6 | Monday and Tuesday of the second week prior to
the week in | ||||||
7 | which such election is to be held. Such application shall
be, | ||||||
8 | in substance, in the words and figures following:
| ||||||
9 | "I being a qualified voter, registered from No. .... street | ||||||
10 | in the
.... precinct of the .... ward of the city (village or | ||||||
11 | town) of .... do
hereby solemnly swear (or affirm) that I have | ||||||
12 | personal knowledge that
.... registered from No. .... street is | ||||||
13 | not a qualified voter in the
.... precinct of the .... ward of | ||||||
14 | the city (village or town) of .... and
hence I ask that his | ||||||
15 | name be erased from the register of such precinct
for the | ||||||
16 | following reason ....
| ||||||
17 | Affiant further says that he has personal knowledge of the | ||||||
18 | facts set
forth in the above affidavit.
| ||||||
19 | (Signed)....
| ||||||
20 | Subscribed and sworn to before me on (insert date).
| ||||||
21 | ....
| ||||||
22 | ...."
| ||||||
23 | Such application shall be signed and sworn to by the | ||||||
24 | applicant before
any member of the board or the clerk thereof | ||||||
25 | and filed with said board.
Thereupon notice of such | ||||||
26 | application, with a demand to appear before the
board of |
| |||||||
| |||||||
1 | election commissioners and show cause why his name shall not be
| ||||||
2 | erased from said register, shall be personally served upon such | ||||||
3 | person
or left at his place of residence indicated in such | ||||||
4 | register, or in the
case of a homeless individual, at his or | ||||||
5 | her mailing address, by a
messenger of said board of election | ||||||
6 | commissioners, and, as to the manner
and time of serving such | ||||||
7 | notice such messenger shall make affidavit;
the messenger shall | ||||||
8 | also make affidavit of the fact in case he cannot
find such | ||||||
9 | person or his place of residence, and that he went to the place
| ||||||
10 | named on such register as his or her place of residence. Such | ||||||
11 | notice shall
be served at least one day before the time fixed | ||||||
12 | for such party to show cause.
| ||||||
13 | The commissioners shall also cause a like notice or demand | ||||||
14 | to be sent
by mail duly stamped and directed, to such person, | ||||||
15 | to the address upon the
register at least 2 days before the day | ||||||
16 | fixed in the notice to show cause.
| ||||||
17 | A like notice shall be served on the person or persons | ||||||
18 | making the
application to have the name upon such register | ||||||
19 | erased to appear and
show cause why said name shall be erased, | ||||||
20 | the notice to set out the day
and hour of such hearing. If the | ||||||
21 | voter making such application fails to
appear before said board | ||||||
22 | at the time set for the hearing as fixed in the
notice or fails | ||||||
23 | to show cause why the name upon such register shall
be erased, | ||||||
24 | the application may be dismissed by the board.
| ||||||
25 | Any voter making such application or applications shall be | ||||||
26 | privileged
from arrest while presenting the same to the board |
| |||||||
| |||||||
1 | of election commissioners,
and while going to and returning | ||||||
2 | from the board of election commissioners.
| ||||||
3 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
4 | (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
| ||||||
5 | Sec. 6-50.2. (a) The board of election commissioners shall | ||||||
6 | appoint all
precinct committeepersons in the election | ||||||
7 | jurisdiction as deputy registrars
who may accept the | ||||||
8 | registration of any qualified resident of the State, except | ||||||
9 | during the 27 days preceding an election.
| ||||||
10 | The board of election commissioners shall appoint each of | ||||||
11 | the following
named persons as deputy registrars upon the | ||||||
12 | written request of such persons:
| ||||||
13 | 1. The chief librarian, or a qualified person | ||||||
14 | designated by the chief
librarian, of any public library | ||||||
15 | situated within the election jurisdiction,
who may accept | ||||||
16 | the registrations of any qualified resident of the State, | ||||||
17 | at such library.
| ||||||
18 | 2. The principal, or a qualified person designated by | ||||||
19 | the principal, of
any high school, elementary school, or | ||||||
20 | vocational school situated
within the election | ||||||
21 | jurisdiction, who may accept the registrations of any
| ||||||
22 | resident of the State, at such school. The board of | ||||||
23 | election
commissioners shall notify every principal and | ||||||
24 | vice-principal of each high
school, elementary school, and | ||||||
25 | vocational school situated in the election
jurisdiction of |
| |||||||
| |||||||
1 | their eligibility to serve as deputy registrars and offer
| ||||||
2 | training courses for service as deputy registrars at | ||||||
3 | conveniently located
facilities at least 4 months prior to | ||||||
4 | every election.
| ||||||
5 | 3. The president, or a qualified person designated by | ||||||
6 | the president, of
any university, college, community | ||||||
7 | college, academy or other institution
of learning situated | ||||||
8 | within the State, who may accept the
registrations of any | ||||||
9 | resident of the election jurisdiction, at such university,
| ||||||
10 | college, community college, academy or institution.
| ||||||
11 | 4. A duly elected or appointed official of a bona fide | ||||||
12 | labor
organization, or a reasonable number of qualified | ||||||
13 | members designated
by such official, who may accept the | ||||||
14 | registrations of any qualified
resident of the State.
| ||||||
15 | 5. A duly elected or appointed official of a bona fide | ||||||
16 | State civic
organization, as defined and determined by rule | ||||||
17 | of the State Board of
Elections, or qualified members | ||||||
18 | designated by such official, who may accept
the | ||||||
19 | registration of any qualified resident of the State.
In | ||||||
20 | determining the number of deputy registrars that shall be | ||||||
21 | appointed,
the board of election commissioners shall | ||||||
22 | consider the population of the
jurisdiction, the size of | ||||||
23 | the organization, the geographic size of the
jurisdiction, | ||||||
24 | convenience for the public, the existing number of deputy
| ||||||
25 | registrars in the jurisdiction and their location, the | ||||||
26 | registration
activities of the organization and the need to |
| |||||||
| |||||||
1 | appoint deputy registrars to
assist and facilitate the | ||||||
2 | registration of non-English speaking individuals.
In no | ||||||
3 | event shall a board of election commissioners fix an | ||||||
4 | arbitrary
number applicable to every civic organization | ||||||
5 | requesting appointment of its
members as deputy | ||||||
6 | registrars. The State Board of Elections shall by rule
| ||||||
7 | provide for certification of bona fide State civic | ||||||
8 | organizations. Such
appointments shall be made for a period | ||||||
9 | not to exceed 2 years, terminating
on the first business | ||||||
10 | day of the month following the month of the general
| ||||||
11 | election, and shall be valid for all periods of voter | ||||||
12 | registration as
provided by this Code during the terms of | ||||||
13 | such appointments.
| ||||||
14 | 6.
The Director of Healthcare and Family Services, or a
| ||||||
15 | reasonable number of employees designated by the Director | ||||||
16 | and located at
public aid offices, who may accept the | ||||||
17 | registration of any qualified
resident of the election | ||||||
18 | jurisdiction at any such public aid office.
| ||||||
19 | 7.
The Director of the Illinois Department of | ||||||
20 | Employment Security, or a
reasonable number of employees | ||||||
21 | designated by the Director and located at
unemployment | ||||||
22 | offices, who may accept the registration of any qualified
| ||||||
23 | resident of the election jurisdiction at any such | ||||||
24 | unemployment office.
If the request to be appointed as | ||||||
25 | deputy registrar is denied, the board
of election | ||||||
26 | commissioners shall, within 10 days after the date the |
| |||||||
| |||||||
1 | request
is submitted, provide the affected individual or | ||||||
2 | organization with written
notice setting forth the | ||||||
3 | specific reasons or criteria relied upon to deny
the | ||||||
4 | request to be appointed as deputy registrar.
| ||||||
5 | 8. The president of any corporation, as defined by the | ||||||
6 | Business
Corporation Act of 1983, or a reasonable number of | ||||||
7 | employees designated by
such president, who may accept the | ||||||
8 | registrations of any qualified resident
of the State.
| ||||||
9 | The board of election commissioners may appoint as many | ||||||
10 | additional deputy
registrars as it considers necessary. The | ||||||
11 | board of election commissioners
shall appoint such additional | ||||||
12 | deputy registrars in such manner that the
convenience of the | ||||||
13 | public is served, giving due consideration to both
population | ||||||
14 | concentration and area. Some of the additional deputy
| ||||||
15 | registrars shall be selected so that there are an equal number | ||||||
16 | from
each of the 2 major political parties in the election | ||||||
17 | jurisdiction. The
board of election commissioners, in | ||||||
18 | appointing an additional deputy registrar,
shall make the | ||||||
19 | appointment from a list of applicants submitted by the | ||||||
20 | Chairperson Chairman
of the County Central Committee of the | ||||||
21 | applicant's political party. A Chairperson Chairman
of a County | ||||||
22 | Central Committee shall submit a list of applicants to the | ||||||
23 | board
by November 30 of each year. The board may require a | ||||||
24 | Chairperson Chairman of a County
Central Committee to furnish a | ||||||
25 | supplemental list of applicants.
| ||||||
26 | Deputy registrars may accept registrations at any time |
| |||||||
| |||||||
1 | other than the 27
day period preceding an election. All persons | ||||||
2 | appointed as deputy
registrars shall be registered voters | ||||||
3 | within the election jurisdiction and
shall take and subscribe | ||||||
4 | to the following oath or affirmation:
| ||||||
5 | "I do solemnly swear (or affirm, as the case may be) that I | ||||||
6 | will support
the Constitution of the United States, and the | ||||||
7 | Constitution of the State
of Illinois, and that I will | ||||||
8 | faithfully discharge the duties of the office
of registration | ||||||
9 | officer to the best of my ability and that I will register
no | ||||||
10 | person nor cause the registration of any person except upon his | ||||||
11 | personal
application before me.
| ||||||
12 | ....................................
| ||||||
13 | (Signature of Registration Officer)"
| ||||||
14 | This oath shall be administered and certified to by one of | ||||||
15 | the commissioners
or by the executive director or by some | ||||||
16 | person designated by the board of
election commissioners, and | ||||||
17 | shall immediately thereafter be filed with the
board of | ||||||
18 | election commissioners. The members of the board of election
| ||||||
19 | commissioners and all persons authorized by them under the | ||||||
20 | provisions of
this Article to take registrations, after | ||||||
21 | themselves taking and subscribing
to the above oath, are | ||||||
22 | authorized to take or administer such oaths and
execute such | ||||||
23 | affidavits as are required by this Article.
| ||||||
24 | Appointments of deputy registrars under this Section, | ||||||
25 | except precinct committeepersons
committeemen , shall be for | ||||||
26 | 2-year terms, commencing on December 1 following
the general |
| |||||||
| |||||||
1 | election of each even-numbered year, except that the terms of
| ||||||
2 | the initial appointments shall be until December 1st following | ||||||
3 | the next
general election. Appointments of precinct | ||||||
4 | committeepersons committeemen shall be for 2-year
terms | ||||||
5 | commencing on the date of the county convention following the | ||||||
6 | general
primary at which they were elected. The county clerk | ||||||
7 | shall issue a
certificate of appointment to each deputy | ||||||
8 | registrar, and shall maintain in
his office for public | ||||||
9 | inspection a list of the names of all appointees.
| ||||||
10 | (b) The board of election commissioners shall be | ||||||
11 | responsible for training
all deputy registrars appointed | ||||||
12 | pursuant to subsection (a), at times and
locations reasonably | ||||||
13 | convenient for both the board of election commissioners
and | ||||||
14 | such appointees. The board of election commissioners shall be | ||||||
15 | responsible
for certifying and supervising all deputy | ||||||
16 | registrars appointed pursuant
to subsection (a). Deputy | ||||||
17 | registrars appointed under subsection (a) shall
be subject to | ||||||
18 | removal for cause.
| ||||||
19 | (c)
Completed registration materials under the control of | ||||||
20 | deputy
registrars appointed pursuant to subsection (a) shall be | ||||||
21 | returned to the
appointing election authority by first-class | ||||||
22 | mail within 2 business days or personal delivery within 7 days, | ||||||
23 | except that completed registration
materials received by the | ||||||
24 | deputy registrars during the period between the
35th and 28th | ||||||
25 | day preceding an election shall be returned by the
deputy
| ||||||
26 | registrars to the appointing election authority within 48 hours |
| |||||||
| |||||||
1 | after receipt
thereof. The completed registration materials | ||||||
2 | received by the deputy
registrars on the 28th day preceding an | ||||||
3 | election shall be returned
by the
deputy registrars within 24 | ||||||
4 | hours after receipt thereof. Unused materials
shall be returned | ||||||
5 | by deputy registrars appointed pursuant to paragraph 4 of
| ||||||
6 | subsection (a), not later than the next working day following | ||||||
7 | the close of
registration.
| ||||||
8 | (d) The county clerk or board of election commissioners, as | ||||||
9 | the case may
be, must provide any additional forms requested by | ||||||
10 | any deputy registrar
regardless of the number of unaccounted | ||||||
11 | registration forms the deputy registrar
may have in his or her | ||||||
12 | possession.
| ||||||
13 | (e) No deputy registrar shall engage in any electioneering | ||||||
14 | or the promotion
of any cause during the performance of his or | ||||||
15 | her duties.
| ||||||
16 | (f) The board of election commissioners shall not be | ||||||
17 | criminally or
civilly liable for the acts or omissions of any | ||||||
18 | deputy registrar. Such
deputy registrars shall not be deemed to | ||||||
19 | be employees of the board of
election commissioners.
| ||||||
20 | (g) Completed registration materials returned by deputy | ||||||
21 | registrars for persons residing outside the election | ||||||
22 | jurisdiction shall be transmitted by the board of election | ||||||
23 | commissioners within 2 days after receipt to the election | ||||||
24 | authority of the person's election jurisdiction of residence.
| ||||||
25 | (Source: P.A. 97-81, eff. 7-5-11.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/6-60) (from Ch. 46, par. 6-60)
| ||||||
2 | Sec. 6-60.
Immediately after the last registration day | ||||||
3 | before any election,
except as is otherwise provided in Section | ||||||
4 | 6-43 of this Article, the board
of election commissioners shall | ||||||
5 | prepare and print precinct registers in
the manner provided by | ||||||
6 | Section 6-43 of this article, and make such copies available to
| ||||||
7 | any person applying therefor. Provided, however, that in | ||||||
8 | cities, villages
and incorporated towns of less than 200,000 | ||||||
9 | inhabitants such printed lists
shall be prepared only before a | ||||||
10 | general election. On the precinct registers,
the board of | ||||||
11 | election commissioners shall indicate, by italics, asterisk,
| ||||||
12 | or other means, the names of all persons who have registered | ||||||
13 | since the last
regularly scheduled election in the consolidated | ||||||
14 | schedule of elections
established in Section 2A-1.1 of this | ||||||
15 | Act.
| ||||||
16 | Prior to the general election of even-numbered years, all | ||||||
17 | boards of election
commissioners shall give the precinct | ||||||
18 | registers to the chairperson chairman of a county
central | ||||||
19 | committee of an established political party, as such party is | ||||||
20 | defined
in Section 10-2 of this Act, or to the chairperson's | ||||||
21 | chairman's duly authorized representative.
Within 30 days of | ||||||
22 | the effective date of this Amendatory Act of 1983, all
boards | ||||||
23 | of election commissioners shall give the precinct registers | ||||||
24 | compiled
prior to the general November election of 1982 to the | ||||||
25 | chairperson chairman of a county
central committee of an | ||||||
26 | established political party or to the chairperson's chairman's |
| |||||||
| |||||||
1 | duly
authorized representative.
| ||||||
2 | For the first registration under this article, such | ||||||
3 | precinct register shall
be printed and available to any person | ||||||
4 | upon application therefor at least
three days before the first | ||||||
5 | day upon which any voter may make application in writing
to | ||||||
6 | have any name erased from the register as provided by Section | ||||||
7 | 6-44 of
this Article. For subsequent registrations, such | ||||||
8 | registers, except as otherwise
provided in this section for | ||||||
9 | municipalities of more than 500,000, shall
be printed and shall | ||||||
10 | be available to any person upon application at least
five days | ||||||
11 | before the first day upon which any voter may make application
| ||||||
12 | in writing to have any name erased from the register.
| ||||||
13 | Application to have a name upon such register erased may be | ||||||
14 | made in the
manner provided by Section 6-44 of this Article, | ||||||
15 | and applications to erase
names, complete registration, or to | ||||||
16 | register or restore names shall be heard
in the same manner as | ||||||
17 | is provided by Section 6-45 of this Article, with
application | ||||||
18 | to the circuit court and appeal to the Supreme Court as | ||||||
19 | provided
in Sections 6-46 and 6-47. The rights conferred and | ||||||
20 | the times specified
by these sections with respect to the first | ||||||
21 | election under this article
shall also apply to succeeding | ||||||
22 | registrations and elections. Provided, however,
that in | ||||||
23 | municipalities having a population of more than 500,000, and | ||||||
24 | having
a Board of Election Commissioners, as to all elections, | ||||||
25 | registrations for
which are made solely with the Board of | ||||||
26 | Election Commissioners, and where
no general precinct |
| |||||||
| |||||||
1 | registrations were provided for or held within twenty-eight
| ||||||
2 | days before the election, an application to have a name upon | ||||||
3 | such register
erased, as provided for in Section 6-44, shall be | ||||||
4 | made within two days after
the publication of the printed | ||||||
5 | precinct register, and
the Board of Election Commissioners | ||||||
6 | shall announce its decision on such
applications within four | ||||||
7 | days after said applications are made, and within
four days | ||||||
8 | after its decision on such applications shall cause a | ||||||
9 | supplemental
printed precinct register showing such correction | ||||||
10 | as may be necessary by
reason of such decision to be printed in | ||||||
11 | like manner as hereinabove provided
in Section 6-43 hereof, and | ||||||
12 | upon application a copy of the same shall be
given to any | ||||||
13 | person applying therefor. Such list shall have printed on
the | ||||||
14 | bottom thereof the facsimile signatures of the members of the | ||||||
15 | board
of election commissioners. Said supplemental printed | ||||||
16 | precinct register
shall be prima facie evidence that the | ||||||
17 | electors whose names appear thereon
are entitled to vote. If | ||||||
18 | the dates specified in this Article as to applications
to | ||||||
19 | complete or erase registrations or as to proceedings before the | ||||||
20 | Board
of Election Commissioners or the circuit court in the | ||||||
21 | first registration
under this Article shall not be applicable | ||||||
22 | to any subsequent primary or
regular or special election, the | ||||||
23 | Board of Election Commissioners shall,
with the approval of the | ||||||
24 | circuit court, adopt and publish a schedule of
dates which | ||||||
25 | shall permit equal intervals of time therefor as are provided
| ||||||
26 | for such first registrations.
|
| |||||||
| |||||||
1 | After action by the Board of Election Commissioners and by | ||||||
2 | the circuit
court, a supplemental list shall be prepared and | ||||||
3 | made available in the manner
provided by Section 6-48 of this | ||||||
4 | Article.
| ||||||
5 | Within 60 days after each general election the board of | ||||||
6 | election commissioners
shall indicate by italics,
asterisk, or | ||||||
7 | other means, on the list of registered voters in each precinct,
| ||||||
8 | each registrant who voted at that general election, and shall | ||||||
9 | provide a
copy of such list to the chairperson chairman of the | ||||||
10 | county central committee of each
established political party or | ||||||
11 | to the chairperson's chairman's duly authorized | ||||||
12 | representative.
| ||||||
13 | Within 60 days after the effective date of this amendatory | ||||||
14 | Act of 1983, the
board of election commissioners shall indicate | ||||||
15 | by italics, asterisk, or
other means, on the list of registered | ||||||
16 | voters in each precinct, each registrant
who voted at the | ||||||
17 | general election of 1982, and shall provide a copy of such
| ||||||
18 | coded list to the chairperson chairman
of the county central | ||||||
19 | committee of each established political party or to
the | ||||||
20 | chairperson's chairman's duly authorized representative.
| ||||||
21 | The board of election commissioners may charge a fee to
| ||||||
22 | reimburse the actual cost of duplicating
each copy of a list | ||||||
23 | provided under either
of the 2 preceding paragraphs.
| ||||||
24 | (Source: P.A. 83-1263.)
| ||||||
25 | (10 ILCS 5/6-66) (from Ch. 46, par. 6-66)
|
| |||||||
| |||||||
1 | Sec. 6-66.
Upon application to vote each registered elector | ||||||
2 | shall
sign his name or make his mark as the case may be, on a | ||||||
3 | certificate
substantially as follows:
| ||||||
4 | "CERTIFICATE OF REGISTERED VOTER
| ||||||
5 | City of ................. Ward .... Precinct .... Election
| ||||||
6 | ...............(Date).......(Month)...........(Year) | ||||||
7 | Registration Record
....... Checked by ...............
Voter's | ||||||
8 | number ....
| ||||||
9 | INSTRUCTION TO VOTERS
| ||||||
10 | Sign this certificate and hand it to the election officers | ||||||
11 | in charge.
After the registration record has been checked, the | ||||||
12 | officer will hand it
back to you. Whereupon you shall present | ||||||
13 | it to the officer in charge of
the ballots.
| ||||||
14 | I hereby certify that I am registered from the address | ||||||
15 | below and am
qualified to vote.
| ||||||
16 | Signature of voter ................
| ||||||
17 | Residence address ................"
| ||||||
18 | An individual shall not be required to provide his social
| ||||||
19 | security number when applying for a ballot. He shall not be | ||||||
20 | denied a
ballot, nor shall his ballot be challenged, solely | ||||||
21 | because of his refusal
to provide his social security number.
| ||||||
22 | Nothing in this Act prevents an individual from being requested
| ||||||
23 | to provide his social security number when the individual | ||||||
24 | applies for a
ballot.
If, however, the certificate contains a | ||||||
25 | space for the individual's
social security number, the | ||||||
26 | following notice shall appear on the
certificate, immediately |
| |||||||
| |||||||
1 | above such space,
in bold-face capital letters, in type the | ||||||
2 | size of which
equals the largest type on the certificate:
| ||||||
3 | "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT IS | ||||||
4 | NOT REQUIRED
TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. HE | ||||||
5 | OR SHE MAY NOT BE DENIED
A BALLOT, NOR SHALL HIS OR HER BALLOT | ||||||
6 | BE CHALLENGED, SOLELY BECAUSE OF HIS
OR HER REFUSAL TO PROVIDE | ||||||
7 | HIS OR HER SOCIAL
SECURITY NUMBER."
| ||||||
8 | The applications of each State-wide political party
at a | ||||||
9 | primary election
shall be separately printed
upon paper of | ||||||
10 | uniform quality, texture and size, but the applications of
no 2 | ||||||
11 | State-wide political parties shall be of the same color or | ||||||
12 | tint. If
the election authority provides computer generated | ||||||
13 | applications with the
precinct, ballot style, and voter's name | ||||||
14 | and address preprinted on the
application, a single application | ||||||
15 | may be used for State-wide political
parties if it contains | ||||||
16 | spaces or check-off boxes to indicate the political
party. Such | ||||||
17 | applications may contain
spaces or check-off boxes
permitting | ||||||
18 | the voter to also request a primary ballot of any political
| ||||||
19 | party which is established only within a political subdivision | ||||||
20 | and for
which a primary is conducted on the same election day.
| ||||||
21 | Such applications shall not entitle the voter to vote in both | ||||||
22 | the
primary of a State-wide political party and the primary of
| ||||||
23 | a local political party with respect to the offices of the same
| ||||||
24 | political subdivision or to vote in the primary of more
than | ||||||
25 | one State-wide political party on the same day.
| ||||||
26 | The judges in charge of the precinct registration files |
| |||||||
| |||||||
1 | shall compare
the signature upon such certificate with the | ||||||
2 | signature on the
registration record card as a means of | ||||||
3 | identifying the voter. Unless
satisfied by such comparison that | ||||||
4 | the applicant to vote is the identical
person who is registered | ||||||
5 | under the same name, the judges shall ask such
applicant the | ||||||
6 | questions for identification which appear on the
registration | ||||||
7 | card, and if the applicant does not prove to the
satisfaction | ||||||
8 | of a majority of the judges of the election precinct that
he is | ||||||
9 | the identical person registered under the name in question then
| ||||||
10 | the vote of such applicant shall be challenged by a judge of | ||||||
11 | election,
and the same procedure followed as provided in this | ||||||
12 | Article and Act for
challenged voters.
| ||||||
13 | In case the elector is unable to sign his name, a judge of | ||||||
14 | election
shall check the data on the registration card and | ||||||
15 | shall check the
address given, with the registered address, in | ||||||
16 | order to determine
whether he is entitled to vote.
| ||||||
17 | One of the judges of election shall check the certificate | ||||||
18 | of such
applicant for a ballot after the registration record | ||||||
19 | has been examined,
and shall sign his initials on the | ||||||
20 | certificate in the space provided
therefor, and shall enter | ||||||
21 | upon such certificate the number of the voter
in the place | ||||||
22 | provided therefor, and make an entry in the voting record
space | ||||||
23 | on the registration record, to indicate whether or not the
| ||||||
24 | applicant voted. Such judge shall then hand such certificate | ||||||
25 | back to the
applicant in case he is permitted to vote, and such | ||||||
26 | applicant shall hand
it to the judge of election in charge of |
| |||||||
| |||||||
1 | the ballots. The certificates
of the voters shall be filed in | ||||||
2 | the order in which they are received and
shall constitute an | ||||||
3 | official poll record. The terms "poll lists" and
"poll books", | ||||||
4 | where used in this Article and Act, shall be construed to
apply | ||||||
5 | to such official poll record.
| ||||||
6 | After each general primary election the board of election | ||||||
7 | commissioners
shall indicate by color code or other means next | ||||||
8 | to the name of each registrant
on the list of registered voters | ||||||
9 | in each precinct the primary ballot of
a political party that | ||||||
10 | the registrant requested at the general primary
election. The | ||||||
11 | board of election commissioners, within 60 days after that
| ||||||
12 | general primary election, shall provide a copy of this coded | ||||||
13 | list to the
chairman of the county central committee of each | ||||||
14 | established political
party or to the chairperson's chairman's | ||||||
15 | duly authorized representative.
| ||||||
16 | Within 60 days after the effective date of this amendatory | ||||||
17 | Act of 1983,
the board of election commissioners shall provide | ||||||
18 | to the chairman of the
county central committee of each | ||||||
19 | established political party or to the chairperson's
chairman's | ||||||
20 | duly authorized representative the list of registered voters in
| ||||||
21 | each precinct at the time of the general primary election of | ||||||
22 | 1982 and shall
indicate on such list by color code or
other | ||||||
23 | means next to the name of a registrant the primary ballot of a | ||||||
24 | political
party that the registrant requested at the general | ||||||
25 | primary election of 1982.
| ||||||
26 | The board of election commissioners may charge a fee to
|
| |||||||
| |||||||
1 | reimburse the actual cost of duplicating each copy of a list | ||||||
2 | provided under
either of the 2 preceding paragraphs.
| ||||||
3 | Where an elector makes application to vote by signing and | ||||||
4 | presenting
the certificate provided by this Section, and his | ||||||
5 | registration card is
not found in the precinct registry of | ||||||
6 | voters, but his name appears as
that of a registered voter in | ||||||
7 | such precinct upon the printed precinct
register as corrected | ||||||
8 | or revised by the supplemental list, or upon the
consolidated | ||||||
9 | list, if any provided by this Article and whose name has
not | ||||||
10 | been erased or withdrawn from such register, the printed | ||||||
11 | precinct
register as corrected or revised by the supplemental | ||||||
12 | list, or
consolidated list, if any, shall be prima facie | ||||||
13 | evidence of the
elector's right to vote upon compliance with | ||||||
14 | the provisions hereinafter
set forth in this Section. In such | ||||||
15 | event it shall be the duty of one of
the judges of election to | ||||||
16 | require an affidavit by such person and 2
voters residing in | ||||||
17 | the precinct before the judges of election that he is
the same | ||||||
18 | person whose name appears upon the printed precinct register as
| ||||||
19 | corrected or revised by the supplemental list, or consolidated | ||||||
20 | list, if
any, and that he resides in the precinct, stating the | ||||||
21 | street and number
of his residence, and upon the presentation | ||||||
22 | of such affidavits, a
certificate shall be issued to such | ||||||
23 | elector, and upon the presentation
of such certificate and | ||||||
24 | affidavits, he shall be entitled to vote. Any
elector whose | ||||||
25 | name does not appear as a registered voter on the printed
| ||||||
26 | precinct register or supplemental list but who has a |
| |||||||
| |||||||
1 | certificate issued
by the board of election commissioners as | ||||||
2 | provided in Section 6-43 of
this Article, shall be entitled to | ||||||
3 | vote upon the presentation of such
certificate accompanied by | ||||||
4 | the affidavits of 2 voters residing in the
precinct that the | ||||||
5 | elector is the same person described in such
certificate and | ||||||
6 | that he resides in the precinct, stating the street and
number | ||||||
7 | of his residence. Forms for all affidavits required hereunder
| ||||||
8 | shall be supplied by the board of election commissioners. All | ||||||
9 | affidavits
made under this paragraph shall be preserved and | ||||||
10 | returned to the board
of election commissioners in the manner | ||||||
11 | provided by this Article and
Article 18 of this Act. It shall | ||||||
12 | be the duty of the board of election
commissioners, within 30 | ||||||
13 | days after such election, to take the steps
provided by Section | ||||||
14 | 6-64 of this Article for the execution of new
registration | ||||||
15 | affidavits by electors who have voted under the provisions
of | ||||||
16 | this paragraph.
| ||||||
17 | When the board of election commissioners delivers to the | ||||||
18 | judges of election
for use at the polls a supplemental or | ||||||
19 | consolidated list of the printed
precinct register, it shall | ||||||
20 | give a copy of the supplemental or consolidated
list to the | ||||||
21 | chairperson chairman of a county central committee of an | ||||||
22 | established political
party or to the chairperson's chairman's | ||||||
23 | duly authorized representative.
| ||||||
24 | Whenever 2 or more elections occur simultaneously, the | ||||||
25 | election
official or officials charged with the duty of | ||||||
26 | providing application
certificates may prescribe the form |
| |||||||
| |||||||
1 | thereof so that a voter is required
to execute only one, | ||||||
2 | indicating in which of the elections he desires to vote.
| ||||||
3 | After the signature has been verified, the judges shall | ||||||
4 | determine in which
political subdivisions the voter resides by | ||||||
5 | use of the information contained
on the voter registration | ||||||
6 | cards or the separate registration lists or other
means | ||||||
7 | approved by the State Board of Elections and prepared and | ||||||
8 | supplied
by the election authority. The voter's certificate | ||||||
9 | shall be so marked by
the judges as to show the respective | ||||||
10 | ballots which the voter is given.
| ||||||
11 | (Source: P.A. 84-809.)
| ||||||
12 | (10 ILCS 5/6-70) (from Ch. 46, par. 6-70)
| ||||||
13 | Sec. 6-70.
Such election commissioners and the executive | ||||||
14 | director of the
Board of Election Commissioners shall be paid | ||||||
15 | by the county. In
counties having a population of 500,000 or | ||||||
16 | more, the city first adopting
the provisions of this Act shall | ||||||
17 | pay the salary of the assistant executive
director. In all | ||||||
18 | other counties such salary shall be paid by the county.
In | ||||||
19 | cities, villages and incorporated towns having a population | ||||||
20 | less than
25,000 as determined by the last federal census, the | ||||||
21 | election commissioners
shall receive a salary of not less than | ||||||
22 | $1,800 per annum. If the population is
25,000 or more but less | ||||||
23 | than 40,000 the election commissioners shall receive a
salary | ||||||
24 | of not less than $2,400 per annum, to be determined by the | ||||||
25 | county board.
If the population is 40,000 or more but less than |
| |||||||
| |||||||
1 | 70,000 the election
commissioners shall receive a salary of not | ||||||
2 | less than $2,100 per annum, to be
determined by the county | ||||||
3 | board. If the population is 70,000 or more but less
than | ||||||
4 | 100,000 the election commissioners shall receive a salary of | ||||||
5 | not less than
$2,700 per annum, to be determined by the county | ||||||
6 | board. If the population is
100,000 or more but less than | ||||||
7 | 2,000,000 the election commissioners shall
receive a salary of | ||||||
8 | not less than $3,200 per annum, to be determined by the
county | ||||||
9 | board. The chairperson chairman of a board of election | ||||||
10 | commissioners, in counties
with a population of less than | ||||||
11 | 2,000,000, shall be paid by the county an
additional amount | ||||||
12 | equal to 10% of his salary as an election commissioner. If
the | ||||||
13 | population is less than 25,000 the executive director shall | ||||||
14 | receive a
salary of not less than $4,500 per annum. If the | ||||||
15 | population is 25,000 or more
but less than 40,000 the executive | ||||||
16 | director shall receive a salary of not less
than $8,000 per | ||||||
17 | annum, and in such cities, villages and incorporated towns
| ||||||
18 | there may be employed one assistant executive director who | ||||||
19 | shall receive a
salary of not less than $6,000 per annum. If | ||||||
20 | the population is 40,000 or more
but less than 70,000 the | ||||||
21 | executive director shall receive a salary of not less
than | ||||||
22 | $9,500 per annum, and in such cities, villages and incorporated | ||||||
23 | towns
there may be employed one assistant executive director | ||||||
24 | who shall receive a
salary of not less than $7,500 per annum. | ||||||
25 | If the population is 70,000 or more
but less than 100,000 the | ||||||
26 | executive director shall receive a salary of not less
than |
| |||||||
| |||||||
1 | $11,000 per annum, and in such cities, villages and | ||||||
2 | incorporated towns
there may be employed one assistant | ||||||
3 | executive director who shall receive a
salary of not less than | ||||||
4 | $8,000 per annum. If the population is 100,000 or more
but less | ||||||
5 | than 2,000,000 the executive director shall receive a salary of | ||||||
6 | not
less than $12,000 per annum, and in such cities, villages | ||||||
7 | and incorporated
towns there may be employed one assistant | ||||||
8 | executive director who shall receive
a salary of not less than | ||||||
9 | $8,000 per annum. It shall be the duty of the Board
of Election | ||||||
10 | Commissioners in such cities, villages and incorporated towns | ||||||
11 | to
fix the salary of the executive director and assistant | ||||||
12 | executive
director at the time of appointment of the clerk. In | ||||||
13 | cities, villages and
incorporated towns with a population | ||||||
14 | greater than 2,000,000 the election
commissioners shall | ||||||
15 | receive a salary of not less than $21,000, provided,
however, | ||||||
16 | that the chairperson chairman of the Board of Election | ||||||
17 | Commissioners shall receive
a salary, as set by and from time | ||||||
18 | to time changed by the Board of County
Commissioners, of not | ||||||
19 | less than $35,000 per annum and shall hold no other
office. In | ||||||
20 | cities, villages and incorporated towns with a population | ||||||
21 | greater
than 2,000,000, such other election commissioners | ||||||
22 | shall hold no other office.
In cities, villages and | ||||||
23 | incorporated towns with a population greater than
2,000,000 the | ||||||
24 | executive director and employees of the Board of Election
| ||||||
25 | Commissioners shall serve on a full-time basis and shall hold | ||||||
26 | no other office.
In cities, villages and incorporated towns |
| |||||||
| |||||||
1 | with a population of greater than
2,000,000, no election | ||||||
2 | commissioner, executive director nor employee shall
| ||||||
3 | participate in any manner, in any activity or interests of any | ||||||
4 | political party
or of any candidate for public office or for | ||||||
5 | nomination thereof, nor
participate in any political campaign | ||||||
6 | for the nomination or election of
candidates for public office. | ||||||
7 | Violation of any provision hereof
shall be cause for removal | ||||||
8 | from office or dismissal, as the case may be;
provided, that | ||||||
9 | nothing contained herein shall be deemed to interfere
with the | ||||||
10 | right of any person to vote for any candidate or upon any issue
| ||||||
11 | as his reason and conscience may dictate nor interfere with the | ||||||
12 | duties
of his office. All expenses incurred by such Board of | ||||||
13 | Election
Commissioners shall be paid by such city.
| ||||||
14 | The salaries and expenditures are to be audited by the | ||||||
15 | chief circuit
judge, who may designate an independent external | ||||||
16 | auditor to perform the
task, and the salaries and expenditures | ||||||
17 | shall be paid by the county or city
treasurer, as the case may | ||||||
18 | be, upon the warrant of the chief circuit judge of
any money in | ||||||
19 | the county or city treasury, as the case may be, not otherwise
| ||||||
20 | appropriated. It shall also be the duty of the governing | ||||||
21 | authority of those
counties and cities, respectively, to make | ||||||
22 | provisions for the prompt payment of
the salaries and | ||||||
23 | expenditures.
| ||||||
24 | (Source: P.A. 86-874; 87-1052.)
| ||||||
25 | (10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
|
| |||||||
| |||||||
1 | Sec. 6A-3. Commissioners; filling vacancies. | ||||||
2 | (a) If the county board adopts an ordinance providing for | ||||||
3 | the
establishment of a county board of election commissioners, | ||||||
4 | or if a
majority of the votes cast on a proposition submitted | ||||||
5 | in accordance with
Section 6A-2(a) are in favor of a county | ||||||
6 | board of election commissioners, a
county board of election | ||||||
7 | commissioners shall be appointed in the same
manner as is | ||||||
8 | provided in Article 6 for boards of election commissioners
in | ||||||
9 | cities, villages and incorporated towns, except that the county | ||||||
10 | board of
election commissioners shall be appointed by the | ||||||
11 | chairperson chairman of the county board
rather than the | ||||||
12 | circuit court. However, before any
appointments are made, the | ||||||
13 | appointing authority shall ascertain whether
the county clerk | ||||||
14 | desires to be a member of the county board of election
| ||||||
15 | commissioners. If the county clerk so
desires, he shall be one | ||||||
16 | of the
members of the county board of election commissioners, | ||||||
17 | and the
appointing authority shall appoint only 2 other | ||||||
18 | members.
| ||||||
19 | (b) For any county board of election commissioners | ||||||
20 | established under subsection (b) of Section 6A-1, within 30 | ||||||
21 | days after the effective date of this amendatory Act of the | ||||||
22 | 98th General Assembly, the chief judge of the circuit court of | ||||||
23 | the county shall appoint 5 commissioners. At least 4 of those | ||||||
24 | commissioners shall be selected from the 2 major established | ||||||
25 | political parties of the State, with at least 2 from each of | ||||||
26 | those parties. Such appointment shall be entered of record in |
| |||||||
| |||||||
1 | the office of the County Clerk and the State Board of | ||||||
2 | Elections. Those first appointed shall hold their offices for | ||||||
3 | the period of one, 2, and 3 years respectively, and the judge | ||||||
4 | appointing them shall designate the term for which each | ||||||
5 | commissioner shall hold his or her office, whether for one, 2 | ||||||
6 | or 3 years except that no more than one commissioner from each | ||||||
7 | major established political party may be designated the same | ||||||
8 | term. After the initial term, each commissioner or his or her | ||||||
9 | successor shall be appointed to a 3 year term. No elected | ||||||
10 | official or former elected official who has been out of elected | ||||||
11 | office for less than 2 years may be appointed to the board. | ||||||
12 | Vacancies shall be filled by the chief judge of the circuit | ||||||
13 | court within 30 days of the vacancy in a manner that maintains | ||||||
14 | the foregoing political party representation. | ||||||
15 | (c) For any county board of election commissioners | ||||||
16 | established under subsection (c) of Section 6A-1, within 30 | ||||||
17 | days after the conclusion of the election at which the | ||||||
18 | proposition to establish a county board of election | ||||||
19 | commissioners is approved by the voters, the municipal board | ||||||
20 | shall apply to the circuit court of the county for the chief | ||||||
21 | judge of the circuit court to appoint 2 additional | ||||||
22 | commissioners, one of whom shall be from each major established | ||||||
23 | political party and neither of whom shall reside within the | ||||||
24 | limits of the municipal board, so that 3 commissioners shall | ||||||
25 | reside within the limits of the municipal board and 2 shall | ||||||
26 | reside within the county but not within the municipality, as it |
| |||||||
| |||||||
1 | may exist from time to time. Not more than 3 of the | ||||||
2 | commissioners shall be members of the same major established | ||||||
3 | political party. Vacancies shall be filled by the chief judge | ||||||
4 | of the circuit court upon application of the remaining | ||||||
5 | commissioners in a manner that maintains the foregoing | ||||||
6 | geographical and political party representation. | ||||||
7 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
8 | (10 ILCS 5/7-1) (from Ch. 46, par. 7-1)
| ||||||
9 | Sec. 7-1. Application of Article.
| ||||||
10 | (a) Except as otherwise provided in this Article, the | ||||||
11 | nomination of all
candidates for all elective State, | ||||||
12 | congressional, judicial, and county
officers, State's | ||||||
13 | Attorneys (whether elected from a single county or from more
| ||||||
14 | than one county), city, village, and incorporated town and | ||||||
15 | municipal officers,
trustees of sanitary districts, township | ||||||
16 | officers in townships of over 5,000
population coextensive with | ||||||
17 | or included wholly within cities or villages not
under the | ||||||
18 | commission form of government, precinct, township, ward, and
| ||||||
19 | State central committeepersons committeemen , and delegates and | ||||||
20 | alternate delegates to
national nominating conventions by all | ||||||
21 | political parties, as defined in
Section 7-2 of this Article 7, | ||||||
22 | shall be made in the manner provided in
this Article 7 and not | ||||||
23 | otherwise. The nomination of candidates for
electors of | ||||||
24 | President and Vice President of the United States shall be made
| ||||||
25 | only in the manner provided for in Section 7-9 of this Article.
|
| |||||||
| |||||||
1 | (b) This Article 7 shall not
apply to (i) the nomination of | ||||||
2 | candidates for school elections and township
elections, except | ||||||
3 | in those townships specifically mentioned
in subsection (a) and | ||||||
4 | except in those cases in which a township central
committee | ||||||
5 | determines under Section 6A-2 of the Township Law of 1874 or | ||||||
6 | Section
45-55 of the Township Code that its candidates for | ||||||
7 | township offices shall be
nominated by primary in accordance | ||||||
8 | with this Article, (ii) the nomination of
park commissioners in | ||||||
9 | park districts organized under the Park District Code,
(iii) | ||||||
10 | the nomination of officers of cities and villages organized | ||||||
11 | under
special charters, or (iv) the nomination of municipal | ||||||
12 | officers for cities,
villages, and incorporated towns with a | ||||||
13 | population of 5,000 or less,
except where a city, village, or | ||||||
14 | incorporated town with a population of
5,000 or less has by | ||||||
15 | ordinance determined that political parties shall nominate
| ||||||
16 | candidates for municipal office in the city, village, or
| ||||||
17 | incorporated town by primary in accordance with this Article. | ||||||
18 | In that event,
the municipal clerk shall certify the ordinance | ||||||
19 | to the proper election
officials no later than November 15 in | ||||||
20 | the year preceding the consolidated
primary election.
| ||||||
21 | (c) The words "township officers" or "township offices" | ||||||
22 | shall be
construed, when used in this Article, to include | ||||||
23 | supervisors.
| ||||||
24 | (d) As provided in Sections 3.1-25-20 through 3.1-25-60 of | ||||||
25 | the Illinois
Municipal Code, a village may adopt a system of | ||||||
26 | nonpartisan primary and general
elections for the election of |
| |||||||
| |||||||
1 | village officers.
| ||||||
2 | (Source: P.A. 88-670, eff. 12-2-94; 89-5, eff. 1-1-96.)
| ||||||
3 | (10 ILCS 5/7-2) (from Ch. 46, par. 7-2)
| ||||||
4 | Sec. 7-2.
A political party, which at the general election | ||||||
5 | for State and
county officers then next preceding a primary, | ||||||
6 | polled more than 5 per cent
of the entire vote cast in the | ||||||
7 | State, is hereby declared to be a political
party within the | ||||||
8 | State, and shall nominate all candidates provided for in
this | ||||||
9 | Article 7 under the provisions hereof, and shall elect | ||||||
10 | precinct,
township, ward and State central committeepersons | ||||||
11 | committeemen as herein provided.
| ||||||
12 | A political party, which at the general election for State | ||||||
13 | and county
officers then next preceding a primary, cast more | ||||||
14 | than 5 per cent of the
entire vote cast within any | ||||||
15 | congressional district, is hereby declared to
be a political | ||||||
16 | party within the meaning of this Article, within such
| ||||||
17 | congressional district, and shall nominate its candidate for | ||||||
18 | Representative
in Congress, under the provisions hereof. A | ||||||
19 | political party, which at the
general election for State and | ||||||
20 | county officers then next preceding a
primary, cast more than 5 | ||||||
21 | per cent of the entire vote cast in any county,
is hereby | ||||||
22 | declared to be a political party within the meaning of this
| ||||||
23 | Article, within said county, and shall nominate all county | ||||||
24 | officers in said
county under the provisions hereof, and shall | ||||||
25 | elect precinct, township, and
ward committeepersons |
| |||||||
| |||||||
1 | committeemen , as herein provided;
| ||||||
2 | A political party, which at the municipal election for | ||||||
3 | city, village or
incorporated town officers then next preceding | ||||||
4 | a primary, cast more than 5
per cent of the entire vote cast in | ||||||
5 | any city or village, or incorporated
town is hereby declared to | ||||||
6 | be a political party within the meaning of this
Article, within | ||||||
7 | said city, village or incorporated town, and shall nominate
all | ||||||
8 | city, village or incorporated town officers in said city or | ||||||
9 | village or
incorporated town under the provisions hereof to the | ||||||
10 | extent and in the
cases provided in Section 7-1.
| ||||||
11 | A political party, which at the municipal election for town | ||||||
12 | officers
then next preceding a primary, cast more than 5 per | ||||||
13 | cent of the entire vote
cast in said town, is hereby declared | ||||||
14 | to be a political party within the
meaning of this Article, | ||||||
15 | within said town, and shall nominate all town
officers in said | ||||||
16 | town under the provisions hereof to the extent and in the
cases | ||||||
17 | provided in Section 7-1.
| ||||||
18 | A political party, which at the municipal election in any | ||||||
19 | other
municipality or political subdivision, (except townships | ||||||
20 | and school
districts), for municipal or other officers therein | ||||||
21 | then next preceding a
primary, cast more than 5 per cent of the | ||||||
22 | entire vote cast in such
municipality or political subdivision, | ||||||
23 | is hereby declared to be a political
party within the meaning | ||||||
24 | of this Article, within said municipality or
political | ||||||
25 | subdivision, and shall nominate all municipal or other officers
| ||||||
26 | therein under the provisions hereof to the extent and in the |
| |||||||
| |||||||
1 | cases provided
in Section 7-1.
| ||||||
2 | Provided, that no political organization or group shall be | ||||||
3 | qualified as
a political party hereunder, or given a place on a | ||||||
4 | ballot, which
organization or group is associated, directly or | ||||||
5 | indirectly, with
Communist, Fascist, Nazi or other un-American | ||||||
6 | principles and engages in
activities or propaganda designed to | ||||||
7 | teach subservience to the political
principles and ideals of | ||||||
8 | foreign nations or the overthrow by violence of
the established | ||||||
9 | constitutional form of government of the United States and
the | ||||||
10 | State of Illinois.
| ||||||
11 | (Source: Laws 1943, vol. 2, p. 1 .)
| ||||||
12 | (10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
| ||||||
13 | Sec. 7-4.
The following words and phrases in this Article 7 | ||||||
14 | shall,
unless the same be inconsistent with the context, be | ||||||
15 | construed as
follows:
| ||||||
16 | 1. The word "primary" the primary elections provided for in | ||||||
17 | this
Article, which are the general primary, the consolidated | ||||||
18 | primary, and for
those municipalities which have annual | ||||||
19 | partisan elections for any officer,
the municipal primary held | ||||||
20 | 6 weeks prior to the general primary election
date in even | ||||||
21 | numbered years.
| ||||||
22 | 2. The definition of terms in Section 1-3 of this Act shall | ||||||
23 | apply to
this Article.
| ||||||
24 | 3. The word "precinct" a voting district heretofore or | ||||||
25 | hereafter
established by law within which all qualified |
| |||||||
| |||||||
1 | electors vote at one
polling place.
| ||||||
2 | 4. The words "state office" or "state officer", an office | ||||||
3 | to be
filled, or an officer to be voted for, by qualified | ||||||
4 | electors of the
entire state, including United States Senator | ||||||
5 | and Congressman at large.
| ||||||
6 | 5. The words "congressional office" or "congressional | ||||||
7 | officer",
representatives in Congress.
| ||||||
8 | 6. The words "county office" or "county officer," include | ||||||
9 | an office
to be filled or an officer to be voted for, by the | ||||||
10 | qualified electors of
the entire county. "County office" or | ||||||
11 | "county officer" also include the
assessor and board of appeals | ||||||
12 | and county commissioners and president of
county board of Cook | ||||||
13 | County, and county board members and the chairperson chairman
| ||||||
14 | of the county board in counties subject to "An Act relating to | ||||||
15 | the
composition and election of county boards in certain | ||||||
16 | counties", enacted
by the 76th General Assembly.
| ||||||
17 | 7. The words "city office" and "village office," and | ||||||
18 | "incorporated
town office" or "city officer" and "village | ||||||
19 | officer", and "incorporated
town officer" an office to be | ||||||
20 | filled or an officer to be voted for by
the qualified electors | ||||||
21 | of the entire municipality, including aldermen.
| ||||||
22 | 8. The words "town office" or "town officer", an office to | ||||||
23 | be filled
or an officer to be voted for by the qualified | ||||||
24 | electors of an entire
town.
| ||||||
25 | 9. The words "town" and "incorporated town" shall | ||||||
26 | respectively be
defined as in Section 1-3 of this Act.
|
| |||||||
| |||||||
1 | 10. The words "delegates and alternate delegates to | ||||||
2 | National
nominating conventions" include all delegates and | ||||||
3 | alternate delegates to
National nominating conventions whether | ||||||
4 | they be elected from the state
at large or from congressional | ||||||
5 | districts or selected by State convention
unless contrary and | ||||||
6 | non-inclusive language specifically limits the term
to one | ||||||
7 | class.
| ||||||
8 | 11. "Judicial office" means a post held by a judge of the | ||||||
9 | Supreme,
Appellate or Circuit Court.
| ||||||
10 | (Source: P.A. 80-1469.)
| ||||||
11 | (10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
| ||||||
12 | Sec. 7-7. For the purpose of making nominations in certain | ||||||
13 | instances as
provided in this Article and this Act, the | ||||||
14 | following committees are authorized
and shall constitute the | ||||||
15 | central or managing committees of each political
party, viz: A | ||||||
16 | State central committee, whose responsibilities include, but | ||||||
17 | are not limited to, filling by appointment vacancies in | ||||||
18 | nomination for statewide offices, including but not limited to | ||||||
19 | the office of United States Senator, a congressional committee | ||||||
20 | for each
congressional district, a county central committee for | ||||||
21 | each county, a
municipal central committee for each city, | ||||||
22 | incorporated town or village, a
ward committeeperson | ||||||
23 | committeeman for each ward in cities containing a population of
| ||||||
24 | 500,000 or more; a township committeeperson committeeman for | ||||||
25 | each township or part of a
township that lies outside of cities |
| |||||||
| |||||||
1 | having a population of 200,000 or
more, in counties having a | ||||||
2 | population of 2,000,000 or more; a precinct committeeperson
| ||||||
3 | committeeman for each precinct in counties having a population | ||||||
4 | of less than
2,000,000; a county board district committee for | ||||||
5 | each county board district
created under Division 2-3 of the | ||||||
6 | Counties Code; a State's Attorney committee
for each group of 2 | ||||||
7 | or more counties which jointly elect a State's Attorney; a
| ||||||
8 | Superintendent of Multi-County Educational Service Region | ||||||
9 | committee for each
group of 2 or more counties which jointly | ||||||
10 | elect a Superintendent of a
Multi-County Educational Service | ||||||
11 | Region; a judicial subcircuit
committee in
a judicial circuit | ||||||
12 | divided into subcircuits for each judicial subcircuit in
that | ||||||
13 | circuit; and
a board of review election district committee
for | ||||||
14 | each Cook County Board of Review election district.
| ||||||
15 | (Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03; | ||||||
16 | 94-645, eff. 8-22-05.)
| ||||||
17 | (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
| ||||||
18 | Sec. 7-8. The State central committee shall be composed of | ||||||
19 | one or two
members from each congressional district in the | ||||||
20 | State and shall be elected as
follows:
| ||||||
21 | State Central Committee
| ||||||
22 | (a) Within 30 days after January 1, 1984 (the effective | ||||||
23 | date of Public Act 83-33), the State central committee of each | ||||||
24 | political party shall certify to
the State Board of Elections | ||||||
25 | which of the following alternatives it wishes
to apply to the |
| |||||||
| |||||||
1 | State central committee of that party.
| ||||||
2 | Alternative A. At the primary in
1970 and at the general | ||||||
3 | primary election held every 4 years thereafter, each primary
| ||||||
4 | elector may vote for one candidate of his party for member of | ||||||
5 | the State
central committee for the congressional district in | ||||||
6 | which he resides.
The candidate receiving the highest number of | ||||||
7 | votes shall be declared
elected State central committeeperson | ||||||
8 | committeeman from the district. A political party
may, in lieu | ||||||
9 | of the foregoing, by a majority vote of delegates at any State
| ||||||
10 | convention of such party, determine to thereafter elect the | ||||||
11 | State central committeepersons
committeemen in the manner | ||||||
12 | following:
| ||||||
13 | At the county convention held by such political party, | ||||||
14 | State central committeepersons
committeemen shall be elected | ||||||
15 | in the same manner as provided in this
Article for the election | ||||||
16 | of officers of the county central committee, and
such election | ||||||
17 | shall follow the election of officers of the county central
| ||||||
18 | committee. Each elected ward, township or precinct | ||||||
19 | committeeperson committeeman shall cast
as his vote one vote | ||||||
20 | for each ballot voted in his ward, township, part of a
township | ||||||
21 | or precinct in the last preceding primary election of his
| ||||||
22 | political party. In the case of a county lying partially within | ||||||
23 | one
congressional district and partially within another | ||||||
24 | congressional district,
each ward, township or precinct | ||||||
25 | committeeperson committeeman shall vote only with respect
to | ||||||
26 | the congressional district in which his ward, township, part of |
| |||||||
| |||||||
1 | a
township or precinct is located. In the case of a | ||||||
2 | congressional district
which encompasses more than one county, | ||||||
3 | each ward, township or precinct committeeperson
committeeman | ||||||
4 | residing within the congressional district shall cast as his
| ||||||
5 | vote one vote for each ballot voted in his ward, township, part | ||||||
6 | of a
township or precinct in the last preceding primary | ||||||
7 | election of his
political party for one candidate of his party | ||||||
8 | for member of the State
central committee for the congressional | ||||||
9 | district in which he resides and
the Chairperson Chairman of | ||||||
10 | the county central committee shall report the results of
the | ||||||
11 | election to the State Board of Elections. The State Board of | ||||||
12 | Elections
shall certify the candidate receiving the highest | ||||||
13 | number of votes elected
State central committeeperson | ||||||
14 | committeeman for that congressional district.
| ||||||
15 | The State central committee shall adopt rules to provide | ||||||
16 | for and govern
the procedures to be followed in the election of | ||||||
17 | members of the State central
committee.
| ||||||
18 | After August 6, 1999 (the
effective date of Public Act | ||||||
19 | 91-426), whenever a vacancy occurs in the office of Chairperson | ||||||
20 | Chairman of a State
central committee, or at the end of the | ||||||
21 | term of office of Chairperson Chairman , the State
central | ||||||
22 | committee of each political party that has selected Alternative | ||||||
23 | A shall
elect a Chairperson Chairman who shall not be required | ||||||
24 | to be a member of the State Central
Committee. The Chairperson | ||||||
25 | Chairman shall be a
registered voter in this State and of the | ||||||
26 | same political party as the State
central committee.
|
| |||||||
| |||||||
1 | Alternative B. Each congressional committee shall, within | ||||||
2 | 30 days after
the adoption of this alternative, appoint a | ||||||
3 | person of the sex opposite that
of the incumbent member for | ||||||
4 | that congressional district to serve as an
additional member of | ||||||
5 | the State central committee until his or her successor
is | ||||||
6 | elected at the general primary election in 1986. Each | ||||||
7 | congressional
committee shall make this appointment by voting | ||||||
8 | on the basis set forth in
paragraph (e) of this Section. In | ||||||
9 | each congressional district at the
general primary election | ||||||
10 | held in 1986 and every 4 years thereafter, the
male candidate | ||||||
11 | receiving the highest number of votes of the party's male
| ||||||
12 | candidates for State central committeeman, and the female | ||||||
13 | candidate
receiving the highest number of votes of the party's | ||||||
14 | female candidates for
State central committeewoman, shall be | ||||||
15 | declared elected State central
committeeman and State central | ||||||
16 | committeewoman from the district. At the
general primary | ||||||
17 | election held in 1986 and every 4 years thereafter, if all a
| ||||||
18 | party's candidates for State central committeemen or State | ||||||
19 | central
committeewomen from a congressional district are of the | ||||||
20 | same sex, the candidate
receiving the highest number of votes | ||||||
21 | shall be declared elected a State central
committeeman or State | ||||||
22 | central committeewoman from the district, and, because of
a | ||||||
23 | failure to elect one male and one female to the committee, a | ||||||
24 | vacancy shall be
declared to exist in the office of the second | ||||||
25 | member of the State central
committee from the district. This | ||||||
26 | vacancy shall be filled by appointment by
the congressional |
| |||||||
| |||||||
1 | committee of the political party, and the person appointed to
| ||||||
2 | fill the vacancy shall be a resident of the congressional | ||||||
3 | district and of the
sex opposite that of the committeeman or | ||||||
4 | committeewoman elected at the general
primary election. Each | ||||||
5 | congressional committee shall make this appointment by
voting | ||||||
6 | on the basis set forth in paragraph (e) of this Section.
| ||||||
7 | The Chairperson Chairman of a State central committee | ||||||
8 | composed as provided in this
Alternative B must be selected | ||||||
9 | from the committee's members.
| ||||||
10 | Except as provided for in Alternative A with respect to the | ||||||
11 | selection of
the Chairperson Chairman of the State central | ||||||
12 | committee, under both of the foregoing
alternatives, the
State
| ||||||
13 | central
committee of each political party shall be composed of | ||||||
14 | members elected
or appointed from the several congressional | ||||||
15 | districts of the State,
and of no other person or persons | ||||||
16 | whomsoever. The members of the State
central committee shall, | ||||||
17 | within 41 days after each quadrennial election of
the full | ||||||
18 | committee, meet in the city of Springfield and organize
by | ||||||
19 | electing a Chairperson chairman , and may at such time
elect | ||||||
20 | such officers from among their own number (or otherwise), as | ||||||
21 | they
may deem necessary or expedient. The outgoing chairperson | ||||||
22 | chairman of the State
central committee of the party shall, 10 | ||||||
23 | days before the meeting, notify
each member of the State | ||||||
24 | central committee elected at the primary of the
time and place | ||||||
25 | of such meeting. In the organization and proceedings of
the | ||||||
26 | State central committee, each State central committeeman and |
| |||||||
| |||||||
1 | State
central committeewoman shall have one vote for each | ||||||
2 | ballot voted in his or her
congressional district by the | ||||||
3 | primary electors of his or her party at the
primary election | ||||||
4 | immediately preceding the meeting of the State central
| ||||||
5 | committee. Whenever a vacancy occurs in the State central | ||||||
6 | committee of any
political party, the vacancy shall be filled | ||||||
7 | by appointment of
the chairmen of the county central committees | ||||||
8 | of the
political party
of the counties located within the | ||||||
9 | congressional district in which the vacancy
occurs and,
if | ||||||
10 | applicable, the ward and township committeepersons | ||||||
11 | committeemen of the
political
party in counties of 2,000,000 or | ||||||
12 | more inhabitants located within the
congressional
district. If | ||||||
13 | the congressional district in which the vacancy occurs lies
| ||||||
14 | wholly within a
county of 2,000,000 or more inhabitants, the | ||||||
15 | ward and township committeepersons committeemen
of the | ||||||
16 | political party in that congressional district shall vote to | ||||||
17 | fill the
vacancy. In voting to fill the vacancy, each | ||||||
18 | chairperson chairman of a county central
committee and
each | ||||||
19 | ward and township committeeperson committeeman in counties of | ||||||
20 | 2,000,000
or
more inhabitants shall have one vote for each | ||||||
21 | ballot voted in each precinct of
the congressional district in | ||||||
22 | which the vacancy exists of
his or her
county, township, or | ||||||
23 | ward cast by the primary electors of his or her party
at the
| ||||||
24 | primary election immediately preceding the meeting to fill the | ||||||
25 | vacancy in the
State
central committee. The person appointed to | ||||||
26 | fill the vacancy shall be a
resident of the
congressional |
| |||||||
| |||||||
1 | district in which the vacancy occurs, shall be a qualified | ||||||
2 | voter,
and, in a committee composed as provided in Alternative | ||||||
3 | B, shall be of the
same
sex as his or her
predecessor. A | ||||||
4 | political party may, by a majority vote of the
delegates of any | ||||||
5 | State convention of such party, determine to return
to the | ||||||
6 | election of State central committeeman and State central
| ||||||
7 | committeewoman by the vote of primary electors.
Any action | ||||||
8 | taken by a political party at a State convention in accordance
| ||||||
9 | with this Section shall be reported to the State Board of | ||||||
10 | Elections by the chairperson
chairman and secretary of such | ||||||
11 | convention within 10 days after such action.
| ||||||
12 | Ward, Township and Precinct Committeepersons Committeemen
| ||||||
13 | (b) At the primary in 1972 and
at the general primary | ||||||
14 | election every 4 years thereafter, each primary elector in | ||||||
15 | cities having a
population of 200,000 or over may vote for one | ||||||
16 | candidate of his party in
his ward for ward committeeperson | ||||||
17 | committeeman . Each candidate for ward committeeperson | ||||||
18 | committeeman
must be a resident of and in the ward where he | ||||||
19 | seeks to be elected ward committeeperson
committeeman . The one | ||||||
20 | having the highest number of votes shall be such
ward | ||||||
21 | committeeperson committeeman of such party for such ward. At | ||||||
22 | the primary election
in 1970 and at the general primary | ||||||
23 | election every 4 years thereafter,
each primary elector in | ||||||
24 | counties containing a population of 2,000,000 or
more, outside | ||||||
25 | of cities containing a population of 200,000 or more, may
vote | ||||||
26 | for one candidate of his party for township committeeperson |
| |||||||
| |||||||
1 | committeeman . Each
candidate for township committeeperson | ||||||
2 | committeeman must be a resident of and in the
township or part | ||||||
3 | of a township (which lies outside of a city having a
population | ||||||
4 | of 200,000 or more, in counties containing a population of
| ||||||
5 | 2,000,000 or more), and in which township or part of a township | ||||||
6 | he seeks
to be elected township committeeperson committeeman . | ||||||
7 | The one having the highest number
of votes shall be such | ||||||
8 | township committeeperson committeeman of such party for such
| ||||||
9 | township or part of a township. At the primary
in 1970 and at | ||||||
10 | the general primary election every 2 years thereafter, each | ||||||
11 | primary elector,
except in counties having a population of | ||||||
12 | 2,000,000 or over, may vote
for one candidate of his party in | ||||||
13 | his precinct for precinct committeeperson
committeeman . Each | ||||||
14 | candidate for precinct committeeperson committeeman must be a | ||||||
15 | bona
fide resident of the precinct where he seeks to be elected | ||||||
16 | precinct committeeperson
committeeman . The one having the | ||||||
17 | highest number of votes shall be such
precinct committeeperson | ||||||
18 | committeeman of such party for such precinct. The official
| ||||||
19 | returns of the primary shall show the name of the | ||||||
20 | committeeperson committeeman of each
political party.
| ||||||
21 | Terms of Committeepersons Committeemen . All precinct | ||||||
22 | committeepersons committeemen elected under the
provisions of | ||||||
23 | this Article shall continue as such committeepersons | ||||||
24 | committeemen until the
date of the primary to be held in the | ||||||
25 | second year after their election.
Except as otherwise provided | ||||||
26 | in this Section for certain State central committeepersons
|
| |||||||
| |||||||
1 | committeemen who have 2 year terms, all State central | ||||||
2 | committeepersons committeemen , township committeepersons
| ||||||
3 | committeemen and ward committeepersons committeemen shall | ||||||
4 | continue as such committeepersons committeemen
until the date | ||||||
5 | of primary to be held in the fourth year after their
election. | ||||||
6 | However, a vacancy exists in the office of precinct | ||||||
7 | committeeperson committeeman
when a precinct committeeperson | ||||||
8 | committeeman ceases to reside in the precinct in which he
was | ||||||
9 | elected and such precinct committeeperson committeeman shall | ||||||
10 | thereafter neither have
nor exercise any rights, powers or | ||||||
11 | duties as committeeperson committeeman in that precinct,
even | ||||||
12 | if a successor has not been elected or appointed.
| ||||||
13 | (c) The Multi-Township Central Committee shall consist of | ||||||
14 | the precinct committeepersons
committeemen of such party, in | ||||||
15 | the multi-township assessing district formed
pursuant to | ||||||
16 | Section 2-10 of the Property Tax Code and shall be organized | ||||||
17 | for the purposes set forth in Section
45-25 of the Township | ||||||
18 | Code. In the organization and proceedings of the
Multi-Township | ||||||
19 | Central Committee each precinct committeeperson committeeman | ||||||
20 | shall have one vote
for each ballot voted in his precinct by | ||||||
21 | the primary electors of his party at
the primary at which he | ||||||
22 | was elected.
| ||||||
23 | County Central Committee
| ||||||
24 | (d) The county central committee of each political party in | ||||||
25 | each
county shall consist of the various township | ||||||
26 | committeepersons committeemen , precinct committeepersons
|
| |||||||
| |||||||
1 | committeemen and ward committeepersons committeemen , if any, | ||||||
2 | of such party in the county.
In the organization and | ||||||
3 | proceedings of the county central committee,
each precinct | ||||||
4 | committeeperson committeeman shall have one vote for each | ||||||
5 | ballot voted in
his precinct by the primary electors of his | ||||||
6 | party at the primary at
which he was elected; each township | ||||||
7 | committeeperson committeeman shall have one vote for
each | ||||||
8 | ballot voted in his township or part of a township as the case | ||||||
9 | may
be by the primary electors of his party at the primary | ||||||
10 | election
for the nomination of candidates for election to the | ||||||
11 | General Assembly
immediately preceding the meeting of the | ||||||
12 | county central committee; and
in the organization and | ||||||
13 | proceedings of the county central committee,
each ward | ||||||
14 | committeeperson committeeman shall have one vote for each | ||||||
15 | ballot voted in his
ward by the primary electors of his party | ||||||
16 | at the primary election
for the nomination of candidates for | ||||||
17 | election to the General Assembly
immediately preceding the | ||||||
18 | meeting of the county central committee.
| ||||||
19 | Cook County Board of Review Election District Committee
| ||||||
20 | (d-1) Each board of review election district committee of | ||||||
21 | each political
party in Cook County shall consist of the
| ||||||
22 | various township committeepersons committeemen and ward | ||||||
23 | committeepersons committeemen , if any, of that party in
the | ||||||
24 | portions of the county composing the board of review election | ||||||
25 | district. In
the organization and proceedings of each of the 3 | ||||||
26 | election
district committees, each township committeeperson |
| |||||||
| |||||||
1 | committeeman shall have one vote for each
ballot voted in his | ||||||
2 | or her township or part of a township, as the case may be,
by
| ||||||
3 | the primary electors of his or her party at the primary | ||||||
4 | election immediately
preceding the meeting of the board of | ||||||
5 | review election district committee; and
in the organization and | ||||||
6 | proceedings of each of the 3 election district
committees, each | ||||||
7 | ward committeeperson committeeman shall have one vote for each
| ||||||
8 | ballot voted in
his or her ward or part of that ward, as the | ||||||
9 | case may be, by the primary
electors of his or her party at the | ||||||
10 | primary election immediately preceding the
meeting of the board | ||||||
11 | of review election district committee.
| ||||||
12 | Congressional Committee
| ||||||
13 | (e) The congressional committee of each party in each | ||||||
14 | congressional
district shall be composed of the chairmen of the | ||||||
15 | county central
committees of the counties composing the | ||||||
16 | congressional district, except
that in congressional districts | ||||||
17 | wholly within the territorial limits of
one county, the | ||||||
18 | precinct committeepersons
committeemen , township | ||||||
19 | committeepersons committeemen and ward committeepersons | ||||||
20 | committeemen , if any, of
the party representing the precincts | ||||||
21 | within the limits of the
congressional district, shall compose | ||||||
22 | the congressional committee. A
State central committeeperson | ||||||
23 | committeeman in each district shall be a member and the | ||||||
24 | chairperson
chairman or, when a district has 2 State central | ||||||
25 | committeepersons committeemen , a co-chairperson co-chairman
of | ||||||
26 | the congressional committee, but shall not have the right to
|
| |||||||
| |||||||
1 | vote except in case of a tie.
| ||||||
2 | In the organization and proceedings of congressional | ||||||
3 | committees
composed of precinct committeepersons committeemen | ||||||
4 | or township committeepersons committeemen or ward | ||||||
5 | committeepersons
committeemen , or any combination thereof, | ||||||
6 | each precinct committeeperson committeeman
shall have one vote | ||||||
7 | for each ballot voted in his precinct by the primary
electors | ||||||
8 | of his party at the primary at which he was elected, each
| ||||||
9 | township committeeperson committeeman shall have one vote for | ||||||
10 | each ballot voted in his
township or part of a township as the | ||||||
11 | case may be by the primary
electors of his party at the primary | ||||||
12 | election immediately preceding the
meeting of the | ||||||
13 | congressional committee, and each ward committeeperson | ||||||
14 | committeeman shall
have one vote for each ballot voted in each | ||||||
15 | precinct of his ward located
in such congressional district by | ||||||
16 | the primary electors of his party at
the primary election | ||||||
17 | immediately preceding the meeting of the
congressional | ||||||
18 | committee; and in the organization and proceedings of
| ||||||
19 | congressional committees composed of the chairmen of the county | ||||||
20 | central
committees of the counties within such district, each | ||||||
21 | chairperson chairman of such
county central committee shall | ||||||
22 | have one vote for each ballot voted in
his county by the | ||||||
23 | primary electors of his party at the primary election
| ||||||
24 | immediately preceding the meeting of the congressional | ||||||
25 | committee.
| ||||||
26 | Judicial District Committee
|
| |||||||
| |||||||
1 | (f) The judicial district committee of each political party | ||||||
2 | in each
judicial district shall be composed of the chairperson | ||||||
3 | chairman of the county
central committees of the counties | ||||||
4 | composing the judicial district.
| ||||||
5 | In the organization and proceedings of judicial district | ||||||
6 | committees
composed of the chairmen of the county central | ||||||
7 | committees of the
counties within such district, each | ||||||
8 | chairperson chairman of such county central
committee shall | ||||||
9 | have one vote for each ballot voted in his county by the
| ||||||
10 | primary electors of his party at the primary election | ||||||
11 | immediately
preceding the meeting of the judicial district | ||||||
12 | committee.
| ||||||
13 | Circuit Court Committee
| ||||||
14 | (g) The circuit court committee of each political party in | ||||||
15 | each
judicial circuit outside Cook County shall be composed of | ||||||
16 | the chairmen
of the county central committees of the counties | ||||||
17 | composing the judicial
circuit.
| ||||||
18 | In the organization and proceedings of circuit court | ||||||
19 | committees, each chairperson
chairman of a county central | ||||||
20 | committee shall have one vote for each
ballot voted in his | ||||||
21 | county by the primary electors of his party at the
primary | ||||||
22 | election immediately preceding the meeting of the circuit court
| ||||||
23 | committee.
| ||||||
24 | Judicial Subcircuit Committee
| ||||||
25 | (g-1) The judicial subcircuit committee of each political | ||||||
26 | party in
each judicial subcircuit in a judicial circuit divided |
| |||||||
| |||||||
1 | into subcircuits
shall be composed of (i) the ward and township | ||||||
2 | committeepersons committeemen
of the townships and wards | ||||||
3 | composing the judicial subcircuit in Cook County and
(ii) the | ||||||
4 | precinct committeepersons committeemen of the precincts
| ||||||
5 | composing the judicial subcircuit in any county other than Cook | ||||||
6 | County.
| ||||||
7 | In the organization and proceedings of each judicial | ||||||
8 | subcircuit committee,
each township committeeperson | ||||||
9 | committeeman shall have one vote for each ballot voted in his
| ||||||
10 | township or part of a township, as the case may be, in the | ||||||
11 | judicial
subcircuit by the primary electors of his party at the | ||||||
12 | primary election
immediately preceding the meeting of the | ||||||
13 | judicial subcircuit committee;
each precinct committeeperson | ||||||
14 | committeeman shall have one vote for each ballot voted in his
| ||||||
15 | precinct or part of a precinct, as the case may be, in the | ||||||
16 | judicial subcircuit
by the primary electors of his party at the | ||||||
17 | primary election immediately
preceding the meeting of the | ||||||
18 | judicial subcircuit committee;
and
each ward committeeperson | ||||||
19 | committeeman shall have one vote for each ballot voted in his
| ||||||
20 | ward or part of a ward, as the case may be, in the judicial | ||||||
21 | subcircuit by
the primary electors of his party at the primary | ||||||
22 | election immediately
preceding the meeting of the judicial | ||||||
23 | subcircuit committee.
| ||||||
24 | Municipal Central Committee
| ||||||
25 | (h) The municipal central committee of each political party | ||||||
26 | shall be
composed of the precinct, township or ward |
| |||||||
| |||||||
1 | committeepersons committeemen , as the case may
be, of such | ||||||
2 | party representing the precincts or wards, embraced in such
| ||||||
3 | city, incorporated town or village. The voting strength of each
| ||||||
4 | precinct, township or ward committeeperson committeeman on the | ||||||
5 | municipal central
committee shall be the same as his voting | ||||||
6 | strength on the county central
committee.
| ||||||
7 | For political parties, other than a statewide political | ||||||
8 | party,
established only within a municipality or
township, the | ||||||
9 | municipal or township managing committee shall be composed
of | ||||||
10 | the party officers of the local established party. The party | ||||||
11 | officers
of a local established party shall be as follows: the | ||||||
12 | chairperson chairman and
secretary of the caucus for those | ||||||
13 | municipalities and townships authorized
by statute to nominate | ||||||
14 | candidates by caucus shall serve as party officers
for the | ||||||
15 | purpose of filling vacancies in nomination under Section
7-61; | ||||||
16 | for municipalities and townships authorized by statute or | ||||||
17 | ordinance
to nominate candidates by petition and primary | ||||||
18 | election, the party officers
shall be the party's candidates | ||||||
19 | who are nominated at the primary. If no party
primary was held | ||||||
20 | because of the provisions of Section 7-5, vacancies in
| ||||||
21 | nomination shall be filled by the party's remaining candidates | ||||||
22 | who shall
serve as the party's officers.
| ||||||
23 | Powers
| ||||||
24 | (i) Each committee and its officers shall have the powers | ||||||
25 | usually
exercised by such committees and by the officers | ||||||
26 | thereof, not
inconsistent with the provisions of this Article. |
| |||||||
| |||||||
1 | The several committees
herein provided for shall not have power | ||||||
2 | to delegate any of their
powers, or functions to any other | ||||||
3 | person, officer or committee, but this
shall not be construed | ||||||
4 | to prevent a committee from appointing from its
own membership | ||||||
5 | proper and necessary subcommittees.
| ||||||
6 | (j) The State central committee of a political party which | ||||||
7 | elects its
members by Alternative B under paragraph (a) of this | ||||||
8 | Section shall adopt a
plan to give effect to the delegate | ||||||
9 | selection rules of the national political
party and file a copy | ||||||
10 | of such plan with the State Board of Elections when
approved by | ||||||
11 | a national political party.
| ||||||
12 | (k) For the purpose of the designation of a proxy by a | ||||||
13 | Congressional
Committee to vote in place of an
absent State | ||||||
14 | central committeeman or committeewoman at meetings of the
State | ||||||
15 | central committee of a political party which elects its members | ||||||
16 | by
Alternative B under paragraph (a) of this Section, the proxy | ||||||
17 | shall be
appointed by the vote of the ward and township | ||||||
18 | committeepersons committeemen , if any, of the
wards and | ||||||
19 | townships which lie entirely or partially within the
| ||||||
20 | Congressional District from which the absent State central | ||||||
21 | committeeman or
committeewoman was elected and the vote of the | ||||||
22 | chairmen of the county
central committees of those counties | ||||||
23 | which lie entirely or partially within
that Congressional | ||||||
24 | District and in which there are no ward or township | ||||||
25 | committeepersons
committeemen . When voting for such proxy, the | ||||||
26 | county chairperson chairman , ward committeeperson
committeeman |
| |||||||
| |||||||
1 | or township committeeperson committeeman , as the case may be, | ||||||
2 | shall have one
vote for each ballot voted in his county, ward | ||||||
3 | or township, or portion
thereof within the Congressional | ||||||
4 | District, by the primary electors of his
party at the primary | ||||||
5 | at which he was elected. However, the absent State
central | ||||||
6 | committeeman or committeewoman may designate a proxy when | ||||||
7 | permitted
by the rules of a political party which elects its | ||||||
8 | members by Alternative B
under paragraph (a) of this Section.
| ||||||
9 | Notwithstanding any law to the contrary, a person is | ||||||
10 | ineligible to hold the position of committeeperson in any | ||||||
11 | committee established pursuant to this Section if he or she is | ||||||
12 | statutorily ineligible to vote in a general election because of | ||||||
13 | conviction of a felony. When a committeeperson is convicted of | ||||||
14 | a felony, the position occupied by that committeeperson shall | ||||||
15 | automatically become vacant.
| ||||||
16 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
17 | (10 ILCS 5/7-8.01) (from Ch. 46, par. 7-8.01)
| ||||||
18 | Sec. 7-8.01.
The county board district committee of each | ||||||
19 | political party in each
county board district created pursuant | ||||||
20 | to "An Act relating to the
composition and election of county | ||||||
21 | boards in certain counties", enacted by
the 76th General | ||||||
22 | Assembly, shall consist of the precinct committeepersons | ||||||
23 | committeemen of
the precincts included in the county board | ||||||
24 | district.
| ||||||
25 | (Source: P.A. 76-1651.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/7-8.02) (from Ch. 46, par. 7-8.02)
| ||||||
2 | Sec. 7-8.02.
The State's Attorney committee for each group | ||||||
3 | of counties
which jointly elect a State's Attorney and the | ||||||
4 | Superintendent of Multi-County
Educational Service Region | ||||||
5 | committee for each group of counties
which jointly elect a | ||||||
6 | Superintendent of a Multi-County Educational
Service Region | ||||||
7 | shall consist of the chairmen of the county
central committees | ||||||
8 | of the counties composing such group of counties. In the
| ||||||
9 | organization and proceedings of a State's Attorney or | ||||||
10 | Superintendent of
Multi-County Educational Service Region | ||||||
11 | committee, each chairperson chairman
of a county central | ||||||
12 | committee shall have one vote for each ballot voted in
his or | ||||||
13 | her county by the primary electors of his or her party at
the | ||||||
14 | last primary of an even-numbered year.
| ||||||
15 | (Source: P.A. 84-861.)
| ||||||
16 | (10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
| ||||||
17 | Sec. 7-9. County central committee; county and State | ||||||
18 | conventions.
| ||||||
19 | (a) On the 29th day next succeeding the primary at which | ||||||
20 | committeepersons
committeemen are elected, the county central | ||||||
21 | committee of each political
party shall meet within the county | ||||||
22 | and proceed to
organize by electing from its own number a | ||||||
23 | chairperson chairman and either from its
own number, or | ||||||
24 | otherwise, such other officers as such committee may deem
|
| |||||||
| |||||||
1 | necessary or expedient. Such meeting of the county central | ||||||
2 | committee
shall be known as the county convention.
| ||||||
3 | The chairperson chairman of each county committee shall | ||||||
4 | within 10 days after the
organization, forward to the State | ||||||
5 | Board of Elections, the names and
post office addresses of the | ||||||
6 | officers, precinct committeepersons committeemen and
| ||||||
7 | representative committeepersons committeemen elected by his | ||||||
8 | political party.
| ||||||
9 | The county convention of each political party shall choose | ||||||
10 | delegates
to the State convention of its party, if the party | ||||||
11 | chooses to hold a State convention; but in any county having | ||||||
12 | within
its limits any city having a population of 200,000, or | ||||||
13 | over the
delegates from such city shall be chosen by wards, the | ||||||
14 | ward committeepersons committeemen
from the respective wards | ||||||
15 | choosing the number of delegates to which such
ward is entitled | ||||||
16 | on the basis prescribed in paragraph (e) of this
Section such | ||||||
17 | delegates to be members of the delegation to the State
| ||||||
18 | convention from such county. In all counties containing a | ||||||
19 | population of
2,000,000 or more outside of cities having a | ||||||
20 | population of 200,000 or
more, the delegates from each of the | ||||||
21 | townships or parts of townships as
the case may be shall be | ||||||
22 | chosen by townships or parts of townships as
the case may be, | ||||||
23 | the township committeepersons committeemen from the respective | ||||||
24 | townships
or parts of townships as the case may be choosing the | ||||||
25 | number of
delegates to which such townships or parts of | ||||||
26 | townships as the case may
be are entitled, on the basis |
| |||||||
| |||||||
1 | prescribed in paragraph (e) of this
Section such delegates to | ||||||
2 | be members of the delegation to the State
convention from such | ||||||
3 | county.
| ||||||
4 | Each member of the State Central Committee of a political | ||||||
5 | party which
elects its members by Alternative B under paragraph | ||||||
6 | (a) of Section 7-8
shall be a delegate to the State Convention, | ||||||
7 | if the party chooses to hold a State convention, ex officio.
| ||||||
8 | Each member of the State Central Committee of a political | ||||||
9 | party which
elects its members by Alternative B under paragraph | ||||||
10 | (a) of Section 7-8 may
appoint 2 delegates to the State | ||||||
11 | Convention, if the party chooses to hold a State convention, | ||||||
12 | who must be residents of the
member's Congressional District.
| ||||||
13 | (b) State conventions may be held within 180 days after the
| ||||||
14 | general primary in the year 2000 and every 4 years thereafter. | ||||||
15 | In the year 1998, and every 4 years thereafter,
the chairperson | ||||||
16 | chairman of a State central committee may issue a call for a | ||||||
17 | State
convention within 180 days after the general primary.
| ||||||
18 | The State
convention of each political party, if the party | ||||||
19 | chooses to hold a State convention, has power to make
| ||||||
20 | nominations of candidates of its political party for the | ||||||
21 | electors of
President and Vice President of the United States, | ||||||
22 | and to adopt any party
platform, and, to the
extent determined | ||||||
23 | by the State central committee as provided in Section
7-14, to | ||||||
24 | choose and select delegates and alternate delegates at large to
| ||||||
25 | national nominating conventions. The State Central Committee | ||||||
26 | may adopt
rules to provide for and govern the procedures of the |
| |||||||
| |||||||
1 | State convention.
| ||||||
2 | (c) The chairperson chairman and secretary of each State | ||||||
3 | convention, if the party chooses to hold a State convention, | ||||||
4 | shall,
within 2 days thereafter, transmit to the State Board of | ||||||
5 | Elections of
this State a certificate setting forth the names | ||||||
6 | and addresses of all
persons nominated by such State convention | ||||||
7 | for electors of President and
Vice President of the United | ||||||
8 | States, and of any persons selected by the State
convention for
| ||||||
9 | delegates and alternate delegates at large to national | ||||||
10 | nominating
conventions; and the names of such candidates so | ||||||
11 | chosen by such State
convention for electors of President and | ||||||
12 | Vice President of the United
States, shall be caused by
the | ||||||
13 | State Board of Elections to be printed upon the official ballot | ||||||
14 | at
the general election, in the manner required by law, and | ||||||
15 | shall be
certified to the various county clerks of the proper | ||||||
16 | counties in the
manner as provided in Section 7-60 of this | ||||||
17 | Article 7 for the certifying
of the names of persons nominated | ||||||
18 | by any party for State offices. If and
as long as this Act | ||||||
19 | prescribes that the names of such electors be not
printed on | ||||||
20 | the ballot, then the names of such electors shall be
certified | ||||||
21 | in such manner as may be prescribed by the parts of this Act
| ||||||
22 | applicable thereto.
| ||||||
23 | (d) Each convention, if the party chooses to hold a State | ||||||
24 | convention, may perform all other functions inherent to such
| ||||||
25 | political organization and not inconsistent with this Article.
| ||||||
26 | (e) At least 33 days before the date of a State convention, |
| |||||||
| |||||||
1 | if the party chooses to hold a State convention, the | ||||||
2 | chairperson chairman of the State central committee of each | ||||||
3 | political
party shall file in the principal office of the State | ||||||
4 | Board of
Elections a call for the State convention. Such call | ||||||
5 | shall state, among
other things, the time and place | ||||||
6 | (designating the building or hall) for
holding the State | ||||||
7 | convention. Such call shall be signed by the chairperson | ||||||
8 | chairman
and attested by the secretary of the committee. In | ||||||
9 | such convention each
county shall be entitled to one delegate | ||||||
10 | for each 500 ballots voted by
the primary electors of the party | ||||||
11 | in such county at the primary to be
held next after the | ||||||
12 | issuance of such call; and if in such county, less
than 500 | ||||||
13 | ballots are so voted or if the number of ballots so voted is
| ||||||
14 | not exactly a multiple of 500, there shall be one delegate for | ||||||
15 | such
group which is less than 500, or for such group | ||||||
16 | representing the number
of votes over the multiple of 500, | ||||||
17 | which delegate shall have 1/500 of
one vote for each primary | ||||||
18 | vote so represented by him. The call for such
convention shall | ||||||
19 | set forth this paragraph (e) of Section 7-9 in full and
shall | ||||||
20 | direct that the number of delegates to be chosen be calculated | ||||||
21 | in
compliance herewith and that such number of delegates be | ||||||
22 | chosen.
| ||||||
23 | (f) All precinct, township and ward committeepersons | ||||||
24 | committeemen when elected as
provided in this Section shall | ||||||
25 | serve as though elected at large
irrespective of any changes | ||||||
26 | that may be made in precinct, township or
ward boundaries and |
| |||||||
| |||||||
1 | the voting strength of each committeeperson committeeman shall
| ||||||
2 | remain as provided in this Section for the entire time for | ||||||
3 | which he is
elected.
| ||||||
4 | (g) The officers elected at any convention provided for in | ||||||
5 | this
Section shall serve until their successors are elected as | ||||||
6 | provided in
this Act.
| ||||||
7 | (h) A special meeting of any central committee may be | ||||||
8 | called by the chairperson
chairman , or by not less than 25% of | ||||||
9 | the members of such committee, by
giving 5 days notice to | ||||||
10 | members of such committee in writing designating
the time and | ||||||
11 | place at which such special meeting is to be held and the
| ||||||
12 | business which it is proposed to present at such special | ||||||
13 | meeting.
| ||||||
14 | (i) Except as otherwise provided in this Act, whenever a | ||||||
15 | vacancy
exists in the office of precinct committeeperson | ||||||
16 | committeeman because no one was elected
to that office or | ||||||
17 | because the precinct committeeperson committeeman ceases to | ||||||
18 | reside in
the precinct or for any other reason, the chairperson | ||||||
19 | chairman of the county
central committee of the appropriate | ||||||
20 | political party may fill the
vacancy in such office by | ||||||
21 | appointment of a qualified resident of the
county and the | ||||||
22 | appointed precinct committeeperson committeeman shall serve as | ||||||
23 | though
elected; however, no such appointment may be made | ||||||
24 | between the general
primary election and the 30th day after the | ||||||
25 | general primary election.
| ||||||
26 | (j) If the number of Congressional Districts in the State |
| |||||||
| |||||||
1 | of Illinois
is reduced as a result of reapportionment of | ||||||
2 | Congressional Districts
following a federal decennial census, | ||||||
3 | the State Central Committeemen and
Committeewomen of a | ||||||
4 | political
party which elects its State Central
Committee by | ||||||
5 | either Alternative A or by Alternative B under paragraph (a)
of | ||||||
6 | Section 7-8 who were
previously elected shall continue to serve | ||||||
7 | as if no reapportionment had
occurred until the expiration of | ||||||
8 | their terms.
| ||||||
9 | (Source: P.A. 99-522, eff. 6-30-16.)
| ||||||
10 | (10 ILCS 5/7-9.1) (from Ch. 46, par. 7-9.1)
| ||||||
11 | Sec. 7-9.1.
(a) Except as otherwise provided in this Act, | ||||||
12 | whenever
a vacancy exists in
the office of delegate to a State | ||||||
13 | or national nominating convention by
reason of death or for any | ||||||
14 | other reason, then the alternate receiving the
highest vote | ||||||
15 | shall succeed to the vacated office and exercise all the
rights | ||||||
16 | and prerogatives and discharge all the duties of the office. | ||||||
17 | The
vacated office of alternate shall be filled by the | ||||||
18 | congressional committee
of the district.
| ||||||
19 | (b) Vacancies, whether temporary or permanent, in the | ||||||
20 | office of delegate
to the national nominating convention of a | ||||||
21 | political party whose State Central
Committee uses Alternative | ||||||
22 | B of Section 7-14.1 shall be filled by alternate
delegates in | ||||||
23 | the following order:
| ||||||
24 | 1. Alternates from the same District with same Presidential | ||||||
25 | preference;
|
| |||||||
| |||||||
1 | 2. Alternates from other Districts with same Presidential | ||||||
2 | preference;
| ||||||
3 | 3. Alternate at-large delegates with same Presidential | ||||||
4 | preference;
| ||||||
5 | 4. Alternates from the same District with different | ||||||
6 | Presidential preference;
| ||||||
7 | 5. Alternates from other Districts with different | ||||||
8 | Presidential preference;
| ||||||
9 | 6. Alternate at-large delegates with different | ||||||
10 | Presidential preference.
| ||||||
11 | Unpledged delegates shall be replaced by unpledged | ||||||
12 | alternates.
| ||||||
13 | Each delegate shall certify in writing the order of his | ||||||
14 | succession of alternates
to the chairperson chairman of the | ||||||
15 | State's delegation.
| ||||||
16 | The delegation shall, as soon as practicable, fill a | ||||||
17 | vacancy in the position
of alternate delegate by choosing, in | ||||||
18 | accord with its rules, a person of
the same Presidential | ||||||
19 | preference and from the same political subdivision.
| ||||||
20 | The alternate succeeding to the vacated office shall | ||||||
21 | exercise all the rights
and prerogatives of the office and | ||||||
22 | discharge all the duties of the office.
| ||||||
23 | (Source: P.A. 83-32.)
| ||||||
24 | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| ||||||
25 | Sec. 7-10. Form of petition for nomination. The name of no |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | candidate for
nomination, or State central committeeperson | |||||||||||||||||||||
2 | committeeman , or township committeeperson committeeman , or
| |||||||||||||||||||||
3 | precinct committeeperson committeeman , or ward committeeperson | |||||||||||||||||||||
4 | committeeman or candidate for delegate or
alternate delegate to | |||||||||||||||||||||
5 | national nominating conventions, shall be printed
upon the | |||||||||||||||||||||
6 | primary ballot unless a petition for nomination has been filed | |||||||||||||||||||||
7 | in
his behalf as provided in this Article in substantially the | |||||||||||||||||||||
8 | following form:
| |||||||||||||||||||||
9 | We, the undersigned, members of and affiliated with the | |||||||||||||||||||||
10 | .... party
and qualified primary electors of the .... party, in | |||||||||||||||||||||
11 | the .... of ....,
in the county of .... and State of Illinois, | |||||||||||||||||||||
12 | do hereby petition that
the following named person or persons | |||||||||||||||||||||
13 | shall be a candidate or candidates
of the .... party for the | |||||||||||||||||||||
14 | nomination for (or in case of committeepersons committeemen for
| |||||||||||||||||||||
15 | election to) the office or offices hereinafter specified, to be | |||||||||||||||||||||
16 | voted
for at the primary election to be held on (insert date).
| |||||||||||||||||||||
| ||||||||||||||||||||||
21 | Name.................. Address.......................
| |||||||||||||||||||||
22 | State of Illinois)
| |||||||||||||||||||||
23 | ) ss.
| |||||||||||||||||||||
24 | County of........)
|
| |||||||
| |||||||
1 | I, ...., do hereby certify
that I reside at No. .... | ||||||
2 | street, in the .... of ...., county of ....,
and State of | ||||||
3 | ....., that I am 18 years of age or older, that
I am a citizen | ||||||
4 | of the United States, and that the signatures on this sheet
| ||||||
5 | were signed
in my presence, and are genuine, and that to the | ||||||
6 | best of my knowledge
and belief the persons so signing were at | ||||||
7 | the time of signing the
petitions qualified voters of the .... | ||||||
8 | party, and that their respective
residences are correctly | ||||||
9 | stated, as above set forth.
| ||||||
10 | .........................
| ||||||
11 | Subscribed and sworn to before me on (insert date).
| ||||||
12 | .........................
| ||||||
13 | Each sheet of the petition other than the statement of | ||||||
14 | candidacy and
candidate's statement shall be of uniform size | ||||||
15 | and shall contain above
the space for signatures an appropriate | ||||||
16 | heading giving the information
as to name of candidate or | ||||||
17 | candidates, in whose behalf such petition is
signed; the | ||||||
18 | office, the political party represented and place of
residence; | ||||||
19 | and the heading of each sheet shall be the same.
| ||||||
20 | Such petition shall be signed by qualified primary electors | ||||||
21 | residing
in the political division for which the nomination is | ||||||
22 | sought in their
own proper persons only and opposite the | ||||||
23 | signature of each signer, his
residence address shall be | ||||||
24 | written or printed. The residence address
required to be | ||||||
25 | written or printed opposite each qualified primary elector's
|
| |||||||
| |||||||
1 | name shall include the street address or rural route number of | ||||||
2 | the signer,
as the case may be, as well as the signer's county, | ||||||
3 | and city, village or
town, and state.
However the county or | ||||||
4 | city, village or town, and state of residence of
the electors | ||||||
5 | may be printed on the petition forms where all of the
electors | ||||||
6 | signing the petition reside in the same county or city, village
| ||||||
7 | or town, and state. Standard abbreviations may be used in | ||||||
8 | writing the
residence address, including street number, if any. | ||||||
9 | At the bottom of
each sheet of such petition shall be added a | ||||||
10 | circulator statement signed by
a person 18 years of age or | ||||||
11 | older who is a citizen of the United States,
stating the street | ||||||
12 | address or rural route number, as the case may be, as well
as | ||||||
13 | the county, city, village or town, and state;
and certifying | ||||||
14 | that the signatures on that sheet of the petition were signed | ||||||
15 | in
his or her presence and certifying that the signatures are | ||||||
16 | genuine; and
either (1) indicating the dates on which that | ||||||
17 | sheet was circulated, or (2)
indicating the first and last | ||||||
18 | dates on which the sheet was circulated, or (3)
certifying that | ||||||
19 | none of the signatures on the sheet were signed more than 90
| ||||||
20 | days preceding the last day for the filing of the petition and | ||||||
21 | certifying that
to the best of his or her knowledge and belief | ||||||
22 | the persons so signing were at
the time of signing the | ||||||
23 | petitions qualified voters of the political party for
which a | ||||||
24 | nomination is sought. Such statement shall be sworn to before | ||||||
25 | some
officer authorized to administer oaths in this State.
| ||||||
26 | No petition sheet shall be circulated more than 90 days |
| |||||||
| |||||||
1 | preceding the
last day provided in Section 7-12 for the filing | ||||||
2 | of such petition.
| ||||||
3 | The person circulating the petition, or the candidate on | ||||||
4 | whose behalf the
petition is circulated, may strike any | ||||||
5 | signature from the petition,
provided that:
| ||||||
6 | (1) the person striking the signature shall initial the | ||||||
7 | petition at
the place where the signature is struck; and
| ||||||
8 | (2) the person striking the signature shall sign a | ||||||
9 | certification
listing the page number and line number of | ||||||
10 | each signature struck from
the petition. Such | ||||||
11 | certification shall be filed as a part of the petition.
| ||||||
12 | Such sheets before being filed shall be neatly fastened | ||||||
13 | together in
book form, by placing the sheets in a pile and | ||||||
14 | fastening them together
at one edge in a secure and suitable | ||||||
15 | manner, and the sheets shall then
be numbered consecutively. | ||||||
16 | The sheets shall not be fastened by pasting
them together end | ||||||
17 | to end, so as to form a continuous strip or roll. All
petition | ||||||
18 | sheets which are filed with the proper local election | ||||||
19 | officials,
election authorities or the State Board of Elections | ||||||
20 | shall be the original
sheets which have been signed by the | ||||||
21 | voters and by the circulator thereof,
and not photocopies or | ||||||
22 | duplicates of such sheets. Each petition must include
as a part | ||||||
23 | thereof, a statement of candidacy for each of the candidates | ||||||
24 | filing,
or in whose behalf the petition is filed. This | ||||||
25 | statement shall set out the
address of such candidate, the | ||||||
26 | office for which he is a candidate, shall state
that the |
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
1 | candidate is a qualified primary voter of the party to which | |||||||||||||||||||||||||||||
2 | the
petition relates and is qualified for the office specified | |||||||||||||||||||||||||||||
3 | (in the case of a
candidate for State's Attorney it shall state | |||||||||||||||||||||||||||||
4 | that the candidate is at the time
of filing such statement a | |||||||||||||||||||||||||||||
5 | licensed attorney-at-law of this State), shall state
that he | |||||||||||||||||||||||||||||
6 | has filed (or will file before the close of the petition filing | |||||||||||||||||||||||||||||
7 | period)
a statement of economic interests as required by the | |||||||||||||||||||||||||||||
8 | Illinois Governmental
Ethics Act, shall request that the | |||||||||||||||||||||||||||||
9 | candidate's name be placed upon the official
ballot, and shall | |||||||||||||||||||||||||||||
10 | be subscribed and sworn to by such candidate before some
| |||||||||||||||||||||||||||||
11 | officer authorized to take acknowledgment of deeds in the State | |||||||||||||||||||||||||||||
12 | and shall be in
substantially the following form:
| |||||||||||||||||||||||||||||
13 | Statement of Candidacy
| |||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
18 | State of Illinois)
| |||||||||||||||||||||||||||||
19 | ) ss.
| |||||||||||||||||||||||||||||
20 | County of .......)
| |||||||||||||||||||||||||||||
21 | I, ...., being first duly sworn, say that I reside at .... | |||||||||||||||||||||||||||||
22 | Street in the city
(or village) of ...., in the county of ...., | |||||||||||||||||||||||||||||
23 | State of Illinois; that I
am a qualified voter therein and am a | |||||||||||||||||||||||||||||
24 | qualified primary voter of the ....
party; that I am a | |||||||||||||||||||||||||||||
25 | candidate for nomination (for election in the case of |
| |||||||
| |||||||
1 | committeeperson
committeeman and delegates and alternate | ||||||
2 | delegates) to the office of ....
to be voted upon at the | ||||||
3 | primary election to be held on (insert date); that I am
legally | ||||||
4 | qualified (including
being the holder of any license that may | ||||||
5 | be an eligibility requirement
for the office I seek the | ||||||
6 | nomination for) to hold such office and that I
have filed (or I | ||||||
7 | will file before the close of the petition filing period)
a | ||||||
8 | statement of economic interests as required by the Illinois
| ||||||
9 | Governmental Ethics Act and I hereby request that my name be | ||||||
10 | printed
upon the official primary ballot for nomination for (or | ||||||
11 | election to in
the case of committeepersons committeemen and | ||||||
12 | delegates and alternate delegates) such
office.
| ||||||
13 | Signed ......................
| ||||||
14 | Subscribed and sworn to (or affirmed) before me by ...., | ||||||
15 | who is to me
personally known, on (insert date).
| ||||||
16 | Signed ....................
| ||||||
17 | (Official Character)
| ||||||
18 | (Seal, if officer has one.)
| ||||||
19 | The petitions, when filed, shall not be withdrawn or added | ||||||
20 | to, and no
signatures shall be revoked except by revocation | ||||||
21 | filed in writing with
the State Board of Elections, election | ||||||
22 | authority or local election
official with whom the petition is | ||||||
23 | required to be filed, and before the
filing of such petition. | ||||||
24 | Whoever forges the name of a signer upon any
petition required | ||||||
25 | by this Article is deemed guilty of a forgery and on
conviction |
| |||||||
| |||||||
1 | thereof shall be punished accordingly.
| ||||||
2 | A candidate for the offices listed in this Section must | ||||||
3 | obtain the number
of signatures specified in this Section on | ||||||
4 | his or her petition for nomination.
| ||||||
5 | (a) Statewide office or delegate to a national nominating | ||||||
6 | convention. If a
candidate seeks to run for statewide office or | ||||||
7 | as a delegate or alternate
delegate to a national nominating | ||||||
8 | convention elected from the State at-large,
then the | ||||||
9 | candidate's petition for nomination must contain at least 5,000 | ||||||
10 | but
not more than 10,000 signatures.
| ||||||
11 | (b) Congressional office or congressional delegate to a | ||||||
12 | national nominating
convention. If a candidate seeks to run for | ||||||
13 | United States Congress or as a
congressional delegate or | ||||||
14 | alternate congressional delegate to a national
nominating | ||||||
15 | convention elected from a congressional district, then the
| ||||||
16 | candidate's petition for nomination must contain at least the | ||||||
17 | number of
signatures equal to 0.5% of the qualified primary | ||||||
18 | electors of his or her party
in his or her congressional | ||||||
19 | district. In the first primary election following a
| ||||||
20 | redistricting of congressional districts, a candidate's | ||||||
21 | petition for nomination
must contain at least 600 signatures of | ||||||
22 | qualified primary electors of the
candidate's political party | ||||||
23 | in his or her congressional district.
| ||||||
24 | (c) County office. If a candidate seeks to run for any | ||||||
25 | countywide office,
including but not limited to county board | ||||||
26 | chairperson or county board
member, elected on an at-large |
| |||||||
| |||||||
1 | basis, in a county other than Cook County,
then the candidate's | ||||||
2 | petition for nomination must contain at least the number
of | ||||||
3 | signatures equal to 0.5% of the qualified electors of his or | ||||||
4 | her party who
cast votes at the last preceding general election | ||||||
5 | in his or her county. If a
candidate
seeks to run for county | ||||||
6 | board member elected from a county board district, then
the | ||||||
7 | candidate's petition for nomination must contain at least the | ||||||
8 | number of
signatures equal to 0.5% of the qualified primary | ||||||
9 | electors of his or her party
in the
county board district. In | ||||||
10 | the first primary election following a redistricting
of county | ||||||
11 | board districts or the initial establishment of county board
| ||||||
12 | districts, a candidate's petition for nomination must contain | ||||||
13 | at least the
number of signatures equal to 0.5% of the | ||||||
14 | qualified electors of his or her
party
in the entire county who | ||||||
15 | cast votes at the last preceding general election
divided by | ||||||
16 | the
total number of county board districts comprising the | ||||||
17 | county board; provided
that
in no event shall the number of | ||||||
18 | signatures be less than 25.
| ||||||
19 | (d) County office; Cook County only.
| ||||||
20 | (1) If a candidate seeks to run for countywide office | ||||||
21 | in Cook County,
then the candidate's petition for | ||||||
22 | nomination must contain at least the number
of signatures | ||||||
23 | equal to 0.5% of the qualified electors of his or her party | ||||||
24 | who
cast votes at the last preceding general election in | ||||||
25 | Cook County.
| ||||||
26 | (2) If a candidate seeks to run for Cook County Board |
| |||||||
| |||||||
1 | Commissioner,
then the candidate's petition for nomination | ||||||
2 | must contain at least the number
of signatures equal to | ||||||
3 | 0.5% of
the qualified primary electors of his or her party | ||||||
4 | in his or her county board
district. In the first primary | ||||||
5 | election following a redistricting of Cook
County Board of | ||||||
6 | Commissioners districts, a candidate's petition for
| ||||||
7 | nomination must contain at least the number of signatures | ||||||
8 | equal to 0.5% of
the qualified electors of his or her party | ||||||
9 | in the entire county who cast votes
at the last
preceding | ||||||
10 | general election divided by the total number of county | ||||||
11 | board
districts comprising the county board; provided that | ||||||
12 | in no event shall the
number of signatures be less than 25.
| ||||||
13 | (3) If a candidate seeks to run for Cook County Board | ||||||
14 | of Review
Commissioner, which is elected from a district | ||||||
15 | pursuant to subsection (c)
of Section 5-5 of the Property | ||||||
16 | Tax Code, then the candidate's petition for
nomination must | ||||||
17 | contain at least the number of signatures equal to 0.5% of
| ||||||
18 | the total number of registered voters in his or her board | ||||||
19 | of
review district in the last general election at which a | ||||||
20 | commissioner was
regularly scheduled to be elected from | ||||||
21 | that board of review district. In no
event shall the number | ||||||
22 | of signatures required be greater than the requisite
number | ||||||
23 | for a candidate who seeks countywide office in Cook County
| ||||||
24 | under subsection (d)(1) of this Section. In the first | ||||||
25 | primary election
following a redistricting of Cook County | ||||||
26 | Board of Review districts, a
candidate's petition for |
| |||||||
| |||||||
1 | nomination must contain at least 4,000 signatures
or at | ||||||
2 | least the number of signatures required for a countywide | ||||||
3 | candidate in
Cook County, whichever is less,
of the | ||||||
4 | qualified electors of his or her party in the district.
| ||||||
5 | (e) Municipal or township office. If a candidate seeks to | ||||||
6 | run for municipal
or township office, then the candidate's | ||||||
7 | petition for nomination must contain
at least the number of | ||||||
8 | signatures equal to 0.5% of the qualified primary
electors of | ||||||
9 | his or her party in the municipality or township. If a | ||||||
10 | candidate
seeks to run for alderman of a municipality, then the | ||||||
11 | candidate's petition for
nomination must contain at least the | ||||||
12 | number of signatures equal to 0.5% of the
qualified primary | ||||||
13 | electors of his or her party of the ward. In the first
primary | ||||||
14 | election following redistricting of aldermanic wards or | ||||||
15 | trustee
districts of a municipality or the initial | ||||||
16 | establishment of wards or districts,
a candidate's petition for | ||||||
17 | nomination must contain the number of signatures
equal to at | ||||||
18 | least 0.5% of the total number of votes cast for the candidate | ||||||
19 | of
that political party who received the highest number of | ||||||
20 | votes in the entire
municipality at the last regular election | ||||||
21 | at which an officer was regularly
scheduled to be elected from
| ||||||
22 | the entire municipality, divided by the number of wards or | ||||||
23 | districts. In no
event shall the number of signatures be less | ||||||
24 | than 25.
| ||||||
25 | (f) State central committeeperson. If a candidate seeks to | ||||||
26 | run for State
central committeeperson, then the candidate's |
| |||||||
| |||||||
1 | petition for nomination must
contain at least 100 signatures of | ||||||
2 | the primary electors of his or her party of
his or
her | ||||||
3 | congressional district.
| ||||||
4 | (g) Sanitary district trustee. If a candidate seeks to run | ||||||
5 | for trustee of a
sanitary district in which trustees are not | ||||||
6 | elected from wards, then the
candidate's petition for | ||||||
7 | nomination must contain at least the number of
signatures equal | ||||||
8 | to 0.5% of the primary electors of his or her party from the
| ||||||
9 | sanitary district. If a candidate seeks to run for trustee
of a | ||||||
10 | sanitary district in which trustees are elected from wards, | ||||||
11 | then the
candidate's petition for
nomination must contain at | ||||||
12 | least the number of signatures equal to 0.5% of the
primary | ||||||
13 | electors of his or her party in the ward of that sanitary | ||||||
14 | district. In
the
first primary election following | ||||||
15 | redistricting of sanitary districts elected
from wards, a | ||||||
16 | candidate's petition for nomination must contain at least the
| ||||||
17 | signatures of 150 qualified primary electors of his or her ward | ||||||
18 | of that
sanitary district.
| ||||||
19 | (h) Judicial office. If a candidate seeks to run for | ||||||
20 | judicial office in a district, then the candidate's petition | ||||||
21 | for nomination must contain the number of signatures equal to | ||||||
22 | 0.4% of the number of votes cast in that district for the | ||||||
23 | candidate for his or her political party for the office of | ||||||
24 | Governor at the last general election at which a Governor was | ||||||
25 | elected, but in no event less than 500 signatures. If a | ||||||
26 | candidate seeks to run for judicial office in a
circuit or |
| |||||||
| |||||||
1 | subcircuit, then the candidate's petition for nomination
must | ||||||
2 | contain the number of signatures equal to 0.25% of the number | ||||||
3 | of votes
cast for the judicial candidate of his or her | ||||||
4 | political party who received the
highest number of votes
at the | ||||||
5 | last general election at which a judicial
officer from the same | ||||||
6 | circuit or subcircuit was regularly scheduled
to be elected, | ||||||
7 | but in no event less than 1,000 signatures in circuits and | ||||||
8 | subcircuits located in the First Judicial District or 500 | ||||||
9 | signatures in every other Judicial District.
| ||||||
10 | (i) Precinct, ward, and township committeeperson. If a | ||||||
11 | candidate seeks to
run for precinct committeeperson, then the | ||||||
12 | candidate's petition for nomination
must contain at least 10 | ||||||
13 | signatures of the primary electors of his or her
party for the | ||||||
14 | precinct. If a candidate seeks to run for ward committeeperson,
| ||||||
15 | then the candidate's petition for nomination must contain no | ||||||
16 | less than the
number of signatures equal to 10% of the primary | ||||||
17 | electors of his or her party
of the ward, but no more than 16% | ||||||
18 | of those same electors; provided that the
maximum number of | ||||||
19 | signatures may be 50 more than the minimum number, whichever
is | ||||||
20 | greater. If a candidate seeks to run for township | ||||||
21 | committeeperson, then the
candidate's petition for nomination | ||||||
22 | must contain no less than the number of
signatures equal to 5% | ||||||
23 | of the primary electors of his or her party of the
township, | ||||||
24 | but no more than 8% of those same electors;
provided that the | ||||||
25 | maximum number of signatures may be 50 more than the
minimum | ||||||
26 | number, whichever is greater.
|
| |||||||
| |||||||
1 | (j) State's attorney or regional superintendent of schools | ||||||
2 | for multiple
counties. If
a candidate seeks to run for State's | ||||||
3 | attorney or regional Superintendent of
Schools who serves more | ||||||
4 | than one county, then the candidate's petition for
nomination | ||||||
5 | must contain at least the number of signatures equal to 0.5% of | ||||||
6 | the
primary electors of his or her party in the territory | ||||||
7 | comprising the counties.
| ||||||
8 | (k) Any other office. If a candidate seeks any other | ||||||
9 | office, then the
candidate's petition for nomination must | ||||||
10 | contain at least the number of
signatures equal to 0.5% of the | ||||||
11 | registered voters of the political subdivision,
district, or | ||||||
12 | division for which the nomination is made or 25 signatures,
| ||||||
13 | whichever is greater.
| ||||||
14 | For purposes of this Section the number of primary electors | ||||||
15 | shall be
determined by taking the total vote cast, in the | ||||||
16 | applicable district, for the
candidate for that political party | ||||||
17 | who received the highest number of votes,
statewide, at the | ||||||
18 | last general election in the State at which electors for
| ||||||
19 | President of the United States were elected. For political | ||||||
20 | subdivisions, the
number of primary electors shall be | ||||||
21 | determined by taking the total vote
cast for the candidate for | ||||||
22 | that political party who received the highest number
of votes | ||||||
23 | in the political subdivision at the last regular election at | ||||||
24 | which an
officer was regularly scheduled to be elected from | ||||||
25 | that subdivision. For wards
or districts of political | ||||||
26 | subdivisions, the number of primary electors shall be
|
| |||||||
| |||||||
1 | determined by taking the total vote cast for the candidate for | ||||||
2 | that political
party who received the highest number of votes | ||||||
3 | in the ward or district at the
last regular election at which | ||||||
4 | an officer was regularly scheduled to be elected
from that ward | ||||||
5 | or district.
| ||||||
6 | A "qualified primary elector" of a party may not
sign | ||||||
7 | petitions for or be a candidate in the primary of more than
one | ||||||
8 | party.
| ||||||
9 | The changes made to this Section of this amendatory Act of | ||||||
10 | the 93rd General
Assembly are declarative of existing law, | ||||||
11 | except for item (3) of subsection
(d).
| ||||||
12 | Petitions of candidates for nomination for offices herein | ||||||
13 | specified,
to be filed with the same officer, may contain the | ||||||
14 | names of 2 or more
candidates of the same political party for | ||||||
15 | the same or different
offices. In the case of the offices of | ||||||
16 | Governor and Lieutenant Governor, a joint petition including | ||||||
17 | one candidate for each of those offices must be filed.
| ||||||
18 | (Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
| ||||||
19 | (10 ILCS 5/7-11) (from Ch. 46, par. 7-11)
| ||||||
20 | Sec. 7-11.
Any candidate for President of the United States | ||||||
21 | may have his name
printed upon the primary ballot of his | ||||||
22 | political party by filing in the
office of the State Board of | ||||||
23 | Elections not more than 113 and not less
than 106 days prior to | ||||||
24 | the date of the general primary, in any year in which a
| ||||||
25 | Presidential election is to be held, a petition signed by not |
| |||||||
| |||||||
1 | less than
3000 or more than 5000 primary electors, members of | ||||||
2 | and affiliated with the
party of which he is a candidate, and | ||||||
3 | no candidate for President of the
United States, who fails to | ||||||
4 | comply with the provisions of this Article
shall have his name | ||||||
5 | printed upon any primary ballot: Provided, however,
that if the | ||||||
6 | rules or policies of a national political
party conflict with | ||||||
7 | such requirements for filing petitions for President of
the | ||||||
8 | United States in a presidential preference primary, the | ||||||
9 | Chairperson Chairman of the
State central committee of such | ||||||
10 | national political party shall notify the
State Board of | ||||||
11 | Elections in writing, citing by reference the rules or
policies | ||||||
12 | of the national political party in conflict, and in such case | ||||||
13 | the
Board shall direct such petitions to be filed in accordance | ||||||
14 | with the delegate selection plan adopted by the state central | ||||||
15 | committee of such national political party. Provided, further, | ||||||
16 | unless rules
or policies of a national political party | ||||||
17 | otherwise provide, the
vote for President of the United States, | ||||||
18 | as herein provided for, shall be
for the sole purpose of | ||||||
19 | securing an expression of the sentiment and will of
the party | ||||||
20 | voters with respect to candidates for nomination for said | ||||||
21 | office,
and the vote of the state at large shall be taken and | ||||||
22 | considered as
advisory to the delegates and alternates at large | ||||||
23 | to the national
conventions of respective political parties; | ||||||
24 | and the vote of the respective
congressional districts shall be | ||||||
25 | taken and considered as advisory to the
delegates and | ||||||
26 | alternates of said congressional districts to the national
|
| |||||||
| |||||||
1 | conventions of the respective political parties.
| ||||||
2 | (Source: P.A. 96-1008, eff. 7-6-10; 97-81, eff. 7-5-11.)
| ||||||
3 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| ||||||
4 | Sec. 7-12. All petitions for nomination shall be filed by | ||||||
5 | mail or
in person as follows: | ||||||
6 | (1) Where the nomination is to be made for a State, | ||||||
7 | congressional, or
judicial office, or for any office a | ||||||
8 | nomination for which is made for a
territorial division or | ||||||
9 | district which comprises more than one county or
is partly | ||||||
10 | in one county and partly in another county or counties, | ||||||
11 | then,
except as otherwise provided in this Section, such | ||||||
12 | petition for nomination
shall be filed in the principal | ||||||
13 | office of the State Board of Elections not
more than 113 | ||||||
14 | and not less than 106 days prior to the date of the | ||||||
15 | primary,
but, in the case of petitions for nomination to | ||||||
16 | fill a vacancy by special
election in the office of | ||||||
17 | representative in Congress from this State, such
petition | ||||||
18 | for nomination shall be filed in the principal office of | ||||||
19 | the State
Board of Elections not more than 85 days and not | ||||||
20 | less than 82 days prior to
the date of the primary.
| ||||||
21 | Where a vacancy occurs in the office of Supreme, | ||||||
22 | Appellate or Circuit
Court Judge within the 3-week period | ||||||
23 | preceding the 106th day before a
general primary election, | ||||||
24 | petitions for nomination for the office in which
the | ||||||
25 | vacancy has occurred shall be filed in the principal office |
| |||||||
| |||||||
1 | of the
State Board of Elections not more than 92 nor less | ||||||
2 | than 85 days prior to
the date of the general primary | ||||||
3 | election.
| ||||||
4 | Where the nomination is to be made for delegates or | ||||||
5 | alternate
delegates to a national nominating convention, | ||||||
6 | then such petition for
nomination shall be filed in the | ||||||
7 | principal office of the State Board of
Elections not more | ||||||
8 | than 113 and not less than 106 days prior to the date of
| ||||||
9 | the primary; provided, however, that if the rules or | ||||||
10 | policies of a national
political party conflict with such | ||||||
11 | requirements for filing petitions for
nomination for | ||||||
12 | delegates or alternate delegates to a national nominating
| ||||||
13 | convention, the chairperson chairman of the State central | ||||||
14 | committee of such national
political party shall notify the | ||||||
15 | Board in writing, citing by reference the
rules or policies | ||||||
16 | of the national political party in conflict, and in such
| ||||||
17 | case the Board shall direct such petitions to be filed in | ||||||
18 | accordance with the delegate selection plan adopted by the | ||||||
19 | state central committee of such national political party.
| ||||||
20 | (2) Where the nomination is to be made for a county | ||||||
21 | office or trustee
of a sanitary district then such petition | ||||||
22 | shall be filed in the office
of the county clerk not more | ||||||
23 | than 113 nor less than 106 days prior to the
date of the | ||||||
24 | primary.
| ||||||
25 | (3) Where the nomination is to be made for a municipal | ||||||
26 | or township
office, such petitions for nomination shall be |
| |||||||
| |||||||
1 | filed in the office of
the local election official, not | ||||||
2 | more than 99 nor less than 92 days
prior to the date of the | ||||||
3 | primary; provided, where a municipality's or
township's | ||||||
4 | boundaries are coextensive with or are entirely within the
| ||||||
5 | jurisdiction of a municipal board of election | ||||||
6 | commissioners, the petitions
shall be filed in the office | ||||||
7 | of such board; and provided, that petitions
for the office | ||||||
8 | of multi-township assessor shall be filed with the election
| ||||||
9 | authority.
| ||||||
10 | (4) The petitions of candidates for State central | ||||||
11 | committeeperson committeeman shall
be filed in the | ||||||
12 | principal office of the State Board of Elections not
more | ||||||
13 | than 113 nor less than 106 days prior to the date of the | ||||||
14 | primary.
| ||||||
15 | (5) Petitions of candidates for precinct, township or | ||||||
16 | ward committeepersons
committeemen shall be filed in the | ||||||
17 | office of the county clerk not more
than 113 nor less than | ||||||
18 | 106 days prior to the date of the primary.
| ||||||
19 | (6) The State Board of Elections and the various | ||||||
20 | election authorities
and local election officials with | ||||||
21 | whom such petitions for nominations
are filed shall specify | ||||||
22 | the place where filings shall be made and upon
receipt | ||||||
23 | shall endorse thereon the day and hour on which each | ||||||
24 | petition
was filed. All petitions filed by persons waiting | ||||||
25 | in line as of 8:00
a.m. on the first day for filing, or as | ||||||
26 | of the normal opening hour of
the office involved on such |
| |||||||
| |||||||
1 | day, shall be deemed filed as of 8:00 a.m.
or the normal | ||||||
2 | opening hour, as the case may be. Petitions filed by mail
| ||||||
3 | and received after midnight of the first day for filing and | ||||||
4 | in the first
mail delivery or pickup of that day shall be | ||||||
5 | deemed as filed as of 8:00
a.m. of that day or as of the | ||||||
6 | normal opening hour of such day, as the
case may be. All | ||||||
7 | petitions received thereafter shall be deemed as filed
in | ||||||
8 | the order of actual receipt. However, 2 or more petitions | ||||||
9 | filed within the last hour of the filing deadline shall be | ||||||
10 | deemed filed simultaneously. Where 2 or more petitions are | ||||||
11 | received
simultaneously, the State Board of Elections or | ||||||
12 | the various election
authorities or local election | ||||||
13 | officials with whom such petitions are
filed shall break | ||||||
14 | ties and determine the order of filing, by means of a
| ||||||
15 | lottery or other fair and impartial method of random | ||||||
16 | selection approved
by the State Board of Elections. Such | ||||||
17 | lottery shall be conducted within
9 days following the last | ||||||
18 | day for petition filing and shall be open to the
public. | ||||||
19 | Seven days written notice of the time and place of | ||||||
20 | conducting such
random selection shall be given by the | ||||||
21 | State Board of Elections to the chairperson
chairman of the | ||||||
22 | State central committee of each established political
| ||||||
23 | party, and by each election authority or local election | ||||||
24 | official, to the
County Chairperson Chairman of each | ||||||
25 | established political party, and to each
organization of | ||||||
26 | citizens within the election jurisdiction which was
|
| |||||||
| |||||||
1 | entitled, under this Article, at the next preceding | ||||||
2 | election, to have
pollwatchers present on the day of | ||||||
3 | election. The State Board of Elections,
election authority | ||||||
4 | or local election official shall post in a conspicuous,
| ||||||
5 | open and public place, at the entrance of the office, | ||||||
6 | notice of the time
and place of such lottery. The State | ||||||
7 | Board of Elections shall adopt rules
and regulations | ||||||
8 | governing the procedures for the conduct of such lottery.
| ||||||
9 | All candidates shall be certified in the order in which | ||||||
10 | their petitions
have been filed. Where candidates have | ||||||
11 | filed simultaneously, they shall be
certified in the order | ||||||
12 | determined by lot and prior to candidates who filed
for the | ||||||
13 | same office at a later time.
| ||||||
14 | (7) The State Board of Elections or the appropriate | ||||||
15 | election
authority or local election official with whom | ||||||
16 | such a petition for
nomination is filed shall notify the | ||||||
17 | person for whom a petition for
nomination has been filed of | ||||||
18 | the obligation to file statements of
organization, reports | ||||||
19 | of campaign contributions, and annual reports of
campaign | ||||||
20 | contributions and expenditures under Article 9 of this Act.
| ||||||
21 | Such notice shall be given in the manner prescribed by | ||||||
22 | paragraph (7) of
Section 9-16 of this Code.
| ||||||
23 | (8) Nomination papers filed under this Section are not | ||||||
24 | valid if the
candidate named therein fails to file a | ||||||
25 | statement of economic interests
as required by the Illinois | ||||||
26 | Governmental Ethics Act in relation to his
candidacy with |
| |||||||
| |||||||
1 | the appropriate officer by the end of the period for the
| ||||||
2 | filing of nomination papers unless he has filed a statement | ||||||
3 | of economic
interests in relation to the same governmental | ||||||
4 | unit with that officer
within a year preceding the date on | ||||||
5 | which such nomination papers were
filed. If the nomination | ||||||
6 | papers of any candidate and the statement of
economic | ||||||
7 | interest of that candidate are not required to be filed | ||||||
8 | with
the same officer, the candidate must file with the | ||||||
9 | officer with whom the
nomination papers are filed a receipt | ||||||
10 | from the officer with whom the
statement of economic | ||||||
11 | interests is filed showing the date on which such
statement | ||||||
12 | was filed. Such receipt shall be so filed not later than | ||||||
13 | the
last day on which nomination papers may be filed.
| ||||||
14 | (9) Any person for whom a petition for nomination, or | ||||||
15 | for committeeperson committeeman or
for delegate or | ||||||
16 | alternate delegate to a national nominating convention has
| ||||||
17 | been filed may cause his name to be withdrawn by request in | ||||||
18 | writing, signed
by him and duly acknowledged before an | ||||||
19 | officer qualified to take
acknowledgments of deeds, and | ||||||
20 | filed in the principal or permanent branch
office of the | ||||||
21 | State Board of Elections or with the appropriate election
| ||||||
22 | authority or local election official, not later than the | ||||||
23 | date of
certification of candidates for the consolidated | ||||||
24 | primary or general primary
ballot. No names so withdrawn | ||||||
25 | shall be certified or printed on the
primary ballot. If | ||||||
26 | petitions for nomination have been filed for the
same |
| |||||||
| |||||||
1 | person with respect to more than one political party, his | ||||||
2 | name
shall not be certified nor printed on the primary | ||||||
3 | ballot of any party.
If petitions for nomination have been | ||||||
4 | filed for the same person for 2 or
more offices which are | ||||||
5 | incompatible so that the same person could not
serve in | ||||||
6 | more than one of such offices if elected, that person must
| ||||||
7 | withdraw as a candidate for all but one of such offices | ||||||
8 | within the
5 business days following the last day for | ||||||
9 | petition filing. A candidate in a judicial election may | ||||||
10 | file petitions for nomination for only one vacancy in a | ||||||
11 | subcircuit and only one vacancy in a circuit in any one | ||||||
12 | filing period, and if petitions for nomination have been | ||||||
13 | filed for the same person for 2 or more vacancies in the | ||||||
14 | same circuit or subcircuit in the same filing period, his | ||||||
15 | or her name shall be certified only for the first vacancy | ||||||
16 | for which the petitions for nomination were filed. If he | ||||||
17 | fails to
withdraw as a candidate for all but one of such | ||||||
18 | offices within such time
his name shall not be certified, | ||||||
19 | nor printed on the primary ballot, for any
office. For the | ||||||
20 | purpose of the foregoing provisions, an office in a
| ||||||
21 | political party is not incompatible with any other office.
| ||||||
22 | (10)(a) Notwithstanding the provisions of any other | ||||||
23 | statute, no primary
shall be held for an established | ||||||
24 | political party in any township,
municipality, or ward | ||||||
25 | thereof, where the nomination of such
party for every | ||||||
26 | office to be voted upon by the electors of such
township, |
| |||||||
| |||||||
1 | municipality, or ward thereof, is uncontested. Whenever a
| ||||||
2 | political party's nomination of candidates is uncontested | ||||||
3 | as to one or
more, but not all, of the offices to be voted | ||||||
4 | upon by the electors of a
township, municipality, or ward | ||||||
5 | thereof, then a primary shall
be held for that party in | ||||||
6 | such township, municipality, or ward thereof;
provided | ||||||
7 | that the primary ballot shall not include those offices
| ||||||
8 | within such township, municipality, or ward thereof, for | ||||||
9 | which the
nomination is uncontested. For purposes of this | ||||||
10 | Article, the nomination
of an established political party | ||||||
11 | of a candidate for election to an office
shall be deemed to | ||||||
12 | be uncontested where not more than the number of persons
to | ||||||
13 | be nominated have timely filed valid nomination papers | ||||||
14 | seeking the
nomination of such party for election to such | ||||||
15 | office.
| ||||||
16 | (b) Notwithstanding the provisions of any other | ||||||
17 | statute, no primary
election shall be held for an | ||||||
18 | established political party for any special
primary | ||||||
19 | election called for the purpose of filling a vacancy in the | ||||||
20 | office
of representative in the United States Congress | ||||||
21 | where the nomination of
such political party for said | ||||||
22 | office is uncontested. For the purposes of
this Article, | ||||||
23 | the nomination of an established political party of a
| ||||||
24 | candidate for election to said office shall be deemed to be | ||||||
25 | uncontested
where not more than the number of persons to be | ||||||
26 | nominated have timely filed
valid nomination papers |
| |||||||
| |||||||
1 | seeking the nomination of such established party
for | ||||||
2 | election to said office. This subsection (b) shall not | ||||||
3 | apply if such
primary election is conducted on a regularly | ||||||
4 | scheduled election day.
| ||||||
5 | (c) Notwithstanding the provisions in subparagraph (a) | ||||||
6 | and (b) of this
paragraph (10), whenever a person who has | ||||||
7 | not timely filed valid nomination
papers and who intends to | ||||||
8 | become a write-in candidate for a political
party's | ||||||
9 | nomination for any office for which the nomination is | ||||||
10 | uncontested
files a written statement or notice of that | ||||||
11 | intent with the State Board of
Elections or the local | ||||||
12 | election official with whom nomination papers for
such | ||||||
13 | office are filed, a primary ballot shall be prepared and a | ||||||
14 | primary
shall be held for that office. Such statement or | ||||||
15 | notice shall be filed on
or before the date established in | ||||||
16 | this Article for certifying candidates
for the primary | ||||||
17 | ballot. Such statement or notice shall contain (i) the
name | ||||||
18 | and address of the person intending to become a write-in | ||||||
19 | candidate,
(ii) a statement that the person is a qualified | ||||||
20 | primary elector of the
political party from whom the | ||||||
21 | nomination is sought, (iii) a statement that
the person | ||||||
22 | intends to become a write-in candidate for the party's
| ||||||
23 | nomination, and (iv) the office the person is seeking as a | ||||||
24 | write-in
candidate. An election authority shall have no | ||||||
25 | duty to conduct a primary
and prepare a primary ballot for | ||||||
26 | any office for which the nomination is
uncontested unless a |
| |||||||
| |||||||
1 | statement or notice meeting the requirements of this
| ||||||
2 | Section is filed in a timely manner.
| ||||||
3 | (11) If multiple sets of nomination papers are filed | ||||||
4 | for a candidate to
the same office, the State Board of | ||||||
5 | Elections, appropriate election
authority or local | ||||||
6 | election official where the petitions are filed shall
| ||||||
7 | within 2 business days notify the candidate of his or her | ||||||
8 | multiple petition
filings and that the candidate has 3 | ||||||
9 | business days after receipt of the
notice to notify the | ||||||
10 | State Board of Elections, appropriate election
authority | ||||||
11 | or local election official that he or she may cancel prior | ||||||
12 | sets
of petitions. If the candidate notifies the State | ||||||
13 | Board of Elections,
appropriate election authority or | ||||||
14 | local election official, the last set of
petitions filed | ||||||
15 | shall be the only petitions to be considered valid by the
| ||||||
16 | State Board of Elections, election authority or local | ||||||
17 | election official. If
the candidate fails to notify the | ||||||
18 | State Board of Elections, election authority
or local
| ||||||
19 | election official then only the first set of petitions | ||||||
20 | filed shall be valid
and all subsequent petitions shall be | ||||||
21 | void.
| ||||||
22 | (12) All nominating petitions shall be available for | ||||||
23 | public inspection
and shall be preserved for a period of | ||||||
24 | not less than 6 months.
| ||||||
25 | (Source: P.A. 99-221, eff. 7-31-15.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/7-13) (from Ch. 46, par. 7-13)
| ||||||
2 | Sec. 7-13.
The board of election commissioners in cities of | ||||||
3 | 500,000 or more
population having such board, shall constitute | ||||||
4 | an electoral board for the
hearing and passing upon objections | ||||||
5 | to nomination petitions for ward committeepersons
| ||||||
6 | committeemen .
| ||||||
7 | Such objections shall be filed in the office of the county | ||||||
8 | clerk within 5 business days after the last day for filing | ||||||
9 | nomination papers. The objection shall state the name
and | ||||||
10 | address of the objector, who may be any qualified elector in | ||||||
11 | the ward,
the specific grounds of objection and the relief | ||||||
12 | requested of the electoral
board. Upon the receipt of the | ||||||
13 | objection, the county clerk shall forthwith
transmit such | ||||||
14 | objection and the petition of the candidate to the board of
| ||||||
15 | election commissioners. The board of election commissioners | ||||||
16 | shall forthwith
notify the objector and candidate objected to | ||||||
17 | of the time and place for
hearing hereon. After a hearing upon | ||||||
18 | the validity of such objections, the
board shall
certify to the | ||||||
19 | county clerk its decision stating whether or not the name
of | ||||||
20 | the candidate shall be printed on the ballot and the county | ||||||
21 | clerk in his
or her certificate to the board of election | ||||||
22 | commissioners shall leave off
of the certificate the name of | ||||||
23 | the candidate for ward committeeperson committeeman that the
| ||||||
24 | election commissioners order not to be printed on the ballot. | ||||||
25 | However, the
decision of the board of election commissioners is | ||||||
26 | subject to judicial
review as provided in Section 10-10.1.
|
| |||||||
| |||||||
1 | The county electoral board composed as provided in Section | ||||||
2 | 10-9 shall
constitute an electoral board for the hearing and | ||||||
3 | passing upon objections
to nomination petitions for precinct | ||||||
4 | and township committeepersons committeemen . Such
objections | ||||||
5 | shall be filed in the office of the county clerk within 5 | ||||||
6 | business days after the last day for filing nomination papers. | ||||||
7 | The objection shall state the name and
address of the objector | ||||||
8 | who may be any qualified elector in the precinct or
in the | ||||||
9 | township or part of a township that lies outside of a city | ||||||
10 | having a
population of 500,000 or more, the specific grounds of | ||||||
11 | objection and the
relief requested of the electoral board. Upon | ||||||
12 | the receipt of the objection
the county clerk shall forthwith | ||||||
13 | transmit such objection and the petition
of the candidate to | ||||||
14 | the chairperson chairman of the county electoral board. The | ||||||
15 | chairperson
chairman of the county electoral board shall | ||||||
16 | forthwith notify the objector,
the candidate whose petition is | ||||||
17 | objected to and the other members of the
electoral board of the | ||||||
18 | time and place for hearing thereon. After hearing
upon the | ||||||
19 | validity of such objections the board shall certify its | ||||||
20 | decision to the county clerk
stating whether or not the name of | ||||||
21 | the candidate shall be printed on the
ballot, and the county | ||||||
22 | clerk, in his or her certificate to the board of
election | ||||||
23 | commissioners, shall leave off of the certificate the name of | ||||||
24 | the
candidate ordered by the board not to be printed on the | ||||||
25 | ballot, and the
county clerk shall also refrain from printing | ||||||
26 | on the official primary
ballot, the name of any candidate whose |
| |||||||
| |||||||
1 | name has been ordered by the
electoral board not to be printed | ||||||
2 | on the ballot. However, the decision of
the board is subject to | ||||||
3 | judicial review as provided in Section 10-10.1.
| ||||||
4 | In such proceedings the electoral boards have the same | ||||||
5 | powers as other
electoral boards under the provisions of | ||||||
6 | Section 10-10 of this Act and
their decisions are subject to | ||||||
7 | judicial review under Section 10-10.1.
| ||||||
8 | (Source: P.A. 96-1008, eff. 7-6-10.)
| ||||||
9 | (10 ILCS 5/7-14.1) (from Ch. 46, par. 7-14.1)
| ||||||
10 | Sec. 7-14.1.
Delegates and alternate delegates to national | ||||||
11 | nominating
conventions shall be chosen according to one of the | ||||||
12 | following alternative
methods of allocating delegates for | ||||||
13 | election. The State central committee
of each political party | ||||||
14 | established pursuant to this Article 7 shall certify
to the | ||||||
15 | State Board of Elections, not less than 30 days prior to the | ||||||
16 | first
date for filing of petitions for election as delegate or | ||||||
17 | alternate delegate
to a national nominating convention, which | ||||||
18 | of the following alternatives
it wishes to be utilized in | ||||||
19 | allocating the delegates and alternate delegates
to which | ||||||
20 | Illinois will be entitled at its national nominating | ||||||
21 | convention.
The State Board of Elections shall meet promptly | ||||||
22 | and, not less than 20 days
prior to the first date for filing | ||||||
23 | of such petitions, shall publish and
certify to the county | ||||||
24 | clerk in each county the number of delegates or alternate
| ||||||
25 | delegates to be elected from each congressional district or |
| |||||||
| |||||||
1 | from the State
at large or State convention of a political | ||||||
2 | party, as the case may be,
according to the method chosen by | ||||||
3 | each State central committee. If
a State central committee | ||||||
4 | fails to certify to the State Board of
Elections its choice of | ||||||
5 | one of the following methods prior to the
aforementioned | ||||||
6 | meeting of the State Board of Elections, the State Board
of | ||||||
7 | Elections shall certify delegates for that political party | ||||||
8 | pursuant
to whichever of the alternatives below was used by | ||||||
9 | that political party
pursuant to whichever of the alternatives | ||||||
10 | below was used by that
political party in the most recent year | ||||||
11 | in which delegates were
selected, subject to any subsequent | ||||||
12 | amendments.
| ||||||
13 | Prior to the aforementioned meeting of the State Board of | ||||||
14 | Elections at
which the Board shall publish and certify to the | ||||||
15 | county clerk the number
of delegates or alternate delegates to | ||||||
16 | be elected from each congressional
district or the State at | ||||||
17 | large or State convention, the Secretary of State
shall | ||||||
18 | ascertain from the call of the national convention of each | ||||||
19 | political
party the number of delegates and alternate delegates | ||||||
20 | to which Illinois
will be entitled at the respective national | ||||||
21 | nominating conventions. The
Secretary of State shall report the | ||||||
22 | number
of delegates and alternate delegates to which Illinois | ||||||
23 | will be entitled
at the respective national nominating | ||||||
24 | conventions to the State Board of
Elections convened as | ||||||
25 | aforesaid to be utilized by the State Board of
Elections in | ||||||
26 | calculating the number of delegates and alternates to be
|
| |||||||
| |||||||
1 | elected from each congressional district in the State at large | ||||||
2 | or State
convention, as the case may be.
| ||||||
3 | Alternative A: The State Board of Elections shall allocate | ||||||
4 | the number of
delegates and alternate delegates to which the | ||||||
5 | State is entitled among the
congressional districts in the | ||||||
6 | State.
| ||||||
7 | 1. Of the number of delegates to which the State is | ||||||
8 | entitled, 10, plus
those remaining unallocated under paragraph | ||||||
9 | 2, shall be delegates at large.
The State central committee of | ||||||
10 | the appropriate political party shall determine
whether the | ||||||
11 | delegates at large shall be (a) elected in the primary from
the | ||||||
12 | State at large, (b) selected by the State convention, or (c) | ||||||
13 | chosen
by a combination of these 2 methods. If the State | ||||||
14 | central committee determines
that all or a specified number of | ||||||
15 | the delegates at large shall be elected
in the primary, the | ||||||
16 | committee shall file with the Board a report of such
| ||||||
17 | determination at the same time it certifies the alternative it | ||||||
18 | wishes to
use in allocating its delegates.
| ||||||
19 | 2. All delegates other than the delegates at large shall be | ||||||
20 | elected from
the congressional districts. Two delegates shall | ||||||
21 | be allocated from this
number to each district. After reserving | ||||||
22 | 10 delegates to be delegates at
large and allocating 2 | ||||||
23 | delegates to each district, the Board shall allocate
the | ||||||
24 | remaining delegates to the congressional districts pursuant to | ||||||
25 | the
following formula:
| ||||||
26 | (a) For each district, the number of remaining |
| |||||||
| |||||||
1 | delegates shall be multiplied
by a fraction, the numerator | ||||||
2 | of which is the vote cast in the congressional
district for | ||||||
3 | the party's nominee in the last Presidential election, and
| ||||||
4 | the denominator of which is the vote cast in the State for | ||||||
5 | the party's nominee
in the last Presidential election.
| ||||||
6 | (b) The Board shall first allocate to each district a | ||||||
7 | number of delegates
equal to the whole number in the | ||||||
8 | product resulting from the multiplication
procedure in | ||||||
9 | subparagraph (a).
| ||||||
10 | (c) The Board shall then allocate any remaining | ||||||
11 | delegates, one to each
district, in the order of the | ||||||
12 | largest fractional remainder in the product
resulting from | ||||||
13 | the multiplication procedure in subparagraph (a), omitting
| ||||||
14 | those districts for which that product is less than 1.875.
| ||||||
15 | (d) The Board shall then allocate any remaining | ||||||
16 | delegates, one to each
district, in the order of the | ||||||
17 | largest fractional remainder in the product
resulting from | ||||||
18 | the multiplication procedure in subparagraph (a), among | ||||||
19 | those
districts for which that product is at least one but | ||||||
20 | less than 1.875.
| ||||||
21 | (e) Any delegates remaining unallocated shall be | ||||||
22 | delegates at large and
shall be selected as determined by | ||||||
23 | the State central committee under paragraph
1 of this | ||||||
24 | Alternative A.
| ||||||
25 | 3. The alternate delegates at large shall be allocated in | ||||||
26 | the same manner
as the delegates at large. The alternate |
| |||||||
| |||||||
1 | delegates other than the alternate
delegates at large shall be | ||||||
2 | allocated in the same manner as the delegates
other than the | ||||||
3 | delegates at large.
| ||||||
4 | Alternative B: the chairperson chairman of the State | ||||||
5 | central committee shall file
with the State Board of Elections | ||||||
6 | a statement of the number of delegates
and alternate delegates | ||||||
7 | to which the State is entitled and the number of
such delegates | ||||||
8 | and alternate delegates to be elected from congressional
| ||||||
9 | districts. The State Board of Elections shall allocate such | ||||||
10 | number of
delegates and alternate delegates, as the case may | ||||||
11 | be, among the
congressional districts in the State for election | ||||||
12 | from the congressional districts.
| ||||||
13 | The Board shall utilize the sum of 1/3 of each of the | ||||||
14 | following formulae
to determine the number of delegates and | ||||||
15 | alternate delegates, as the case
may be, to be elected from | ||||||
16 | each congressional district:
| ||||||
17 | (1) Formula 1 shall be determined by multiplying paragraphs | ||||||
18 | (a), (b), and (c)
together as follows:
| ||||||
19 | (a) The fraction derived by dividing the population of | ||||||
20 | the district by
the population of the State and adding to | ||||||
21 | that fraction the following: 1/2
of the fraction calculated | ||||||
22 | by dividing the total district vote for the party's
| ||||||
23 | candidate in the most recent presidential election by the | ||||||
24 | total statewide
vote for that candidate in that election, | ||||||
25 | plus 1/2 of the fraction calculated
by dividing the total | ||||||
26 | district vote for the party's candidate in the second
most |
| |||||||
| |||||||
1 | recent Presidential election by the total statewide vote | ||||||
2 | for that
candidate in that election;
| ||||||
3 | (b) 1/2;
| ||||||
4 | (c) The number of delegates or alternate delegates, as | ||||||
5 | the case may be,
to which the State is entitled at the | ||||||
6 | party's national nominating convention.
| ||||||
7 | (2) Formula 2 shall be determined by multiplying paragraphs | ||||||
8 | (a), (b), and (c)
together as follows:
| ||||||
9 | (a) The fraction calculated by dividing the total | ||||||
10 | numbers of votes in
the district for the party's candidate | ||||||
11 | in the most recent Gubernatorial
election by the total | ||||||
12 | statewide vote for that candidate in that election,
plus, | ||||||
13 | the fraction calculated by dividing the total district vote | ||||||
14 | for the
party's candidate in the most recent presidential | ||||||
15 | election by the total
statewide vote for that candidate in | ||||||
16 | that election;
| ||||||
17 | (b) 1/2;
| ||||||
18 | (c) The number of delegates or alternate delegates, as | ||||||
19 | the case may be,
to which the State is entitled at the | ||||||
20 | party's national nominating convention.
| ||||||
21 | (3) Formula 3 shall be determined by multiplying paragraphs | ||||||
22 | (a), (b), and (c)
together as follows:
| ||||||
23 | (a) 1/2 of the fraction calculated by dividing the | ||||||
24 | total district vote
for the party's candidate in the most | ||||||
25 | recent presidential election by the
total statewide vote | ||||||
26 | for that candidate in that election, plus 1/2 of the
|
| |||||||
| |||||||
1 | fraction calculated by dividing the total district vote for | ||||||
2 | the party's
candidate in the second most recent | ||||||
3 | presidential election by the total
statewide vote for that | ||||||
4 | candidate in that election. This sum shall be
added to the | ||||||
5 | fraction calculated by dividing the total voter | ||||||
6 | registration
of the party in the district by the total | ||||||
7 | voter registration of the party
in the State as of January | ||||||
8 | 1 of the year prior to the year in which the
national | ||||||
9 | nominating convention is held;
| ||||||
10 | (b) 1/2;
| ||||||
11 | (c) The number of delegates or alternate delegates, as | ||||||
12 | the case may be,
to which the State is entitled at the | ||||||
13 | party's national nominating convention.
| ||||||
14 | Fractional numbers of delegates and alternate delegates | ||||||
15 | shall be rounded
upward in rank order to the next whole number, | ||||||
16 | largest fraction first, until
the total number of delegates and | ||||||
17 | alternate delegates, respectively, to
be so chosen have been | ||||||
18 | allocated.
| ||||||
19 | The remainder of the delegates and alternate delegates | ||||||
20 | shall be selected
as determined by the State central committee | ||||||
21 | of the party and shall be
certified to the State Board of | ||||||
22 | Elections by the chairperson chairman of the State central
| ||||||
23 | committee.
| ||||||
24 | Notwithstanding anything to the contrary contained herein, | ||||||
25 | with
respect to all aspects of the selection of delegates and | ||||||
26 | alternate delegates
to a national nominating convention under |
| |||||||
| |||||||
1 | Alternative B, this Code shall be superseded
by the delegate | ||||||
2 | selection rules and policies of the
national political party | ||||||
3 | including, but not limited to, the development of
an | ||||||
4 | affirmative action plan.
| ||||||
5 | (Source: P.A. 96-1000, eff. 7-2-10.)
| ||||||
6 | (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
| ||||||
7 | Sec. 7-17. Candidate ballot name procedures.
| ||||||
8 | (a) Each election authority in each county shall cause to | ||||||
9 | be
printed upon the general primary ballot of each party for | ||||||
10 | each precinct
in his jurisdiction the name of each candidate | ||||||
11 | whose petition for
nomination or for committeeperson | ||||||
12 | committeeman has been filed in the office of the
county clerk, | ||||||
13 | as herein provided; and also the name of each candidate
whose | ||||||
14 | name has been certified to his office by the State Board of
| ||||||
15 | Elections, and in the order so certified, except as hereinafter
| ||||||
16 | provided.
| ||||||
17 | It shall be the duty of the election authority to cause to | ||||||
18 | be printed
upon the consolidated primary ballot of each | ||||||
19 | political party for each
precinct in his jurisdiction the name | ||||||
20 | of each candidate whose name has
been certified to him, as | ||||||
21 | herein provided and which is to be voted for
in such precinct.
| ||||||
22 | (b) In the designation of the name of a candidate on the | ||||||
23 | primary ballot
the candidate's given name or names, initial or | ||||||
24 | initials, a nickname by
which the candidate is commonly known, | ||||||
25 | or a combination thereof, may be
used in addition to the |
| |||||||
| |||||||
1 | candidate's surname. If a candidate has changed his or her | ||||||
2 | name, whether by a statutory or common law procedure in | ||||||
3 | Illinois or any other jurisdiction, within 3 years before the | ||||||
4 | last day for filing the petition for nomination, nomination | ||||||
5 | papers, or certificate of nomination for that office, whichever | ||||||
6 | is applicable, then (i) the candidate's name on the primary | ||||||
7 | ballot must be followed by "formerly known as (list all prior | ||||||
8 | names during the 3-year period) until name changed on (list | ||||||
9 | date of each such name change)" and (ii) the petition, papers, | ||||||
10 | or certificate must be accompanied by the candidate's affidavit | ||||||
11 | stating the candidate's previous names during the period | ||||||
12 | specified in (i) and the date or dates each of those names was | ||||||
13 | changed; failure to meet these requirements shall be grounds | ||||||
14 | for denying certification of the candidate's name for the | ||||||
15 | ballot or removing the candidate's name from the ballot, as | ||||||
16 | appropriate, but these requirements do not apply to name | ||||||
17 | changes resulting from adoption to assume an adoptive parent's | ||||||
18 | or parents' surname, marriage to assume a spouse's surname, or | ||||||
19 | dissolution of marriage or declaration of invalidity of | ||||||
20 | marriage to assume a former surname. No other designation such
| ||||||
21 | as a political slogan, title, or degree, or nickname suggesting | ||||||
22 | or
implying possession of
a title, degree or professional | ||||||
23 | status, or similar information may be
used in connection
with | ||||||
24 | the candidate's surname.
For purposes of this Section, a | ||||||
25 | "political slogan" is defined as any
word
or words expressing | ||||||
26 | or connoting a position, opinion, or belief that the
candidate |
| |||||||
| |||||||
1 | may espouse, including but not limited to, any word or words
| ||||||
2 | conveying any meaning other than that of the personal identity | ||||||
3 | of the
candidate. A
candidate may not use a political slogan as | ||||||
4 | part of his or her name on the
ballot, notwithstanding that the | ||||||
5 | political slogan may be part of the
candidate's name.
| ||||||
6 | (c) The State Board of Elections, a local election | ||||||
7 | official, or an election
authority shall remove any candidate's | ||||||
8 | name designation from a ballot that is
inconsistent with | ||||||
9 | subsection (b) of this Section. In addition, the State Board
of | ||||||
10 | Elections, a local election official, or an election authority | ||||||
11 | shall not
certify to any election authority any candidate name | ||||||
12 | designation that is
inconsistent with subsection (b) of this | ||||||
13 | Section.
| ||||||
14 | (d) If the State Board of Elections, a local election | ||||||
15 | official, or an
election authority removes a candidate's name | ||||||
16 | designation from a ballot
under subsection (c) of this Section, | ||||||
17 | then the aggrieved candidate may
seek appropriate relief in | ||||||
18 | circuit court.
| ||||||
19 | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
| ||||||
20 | (10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
| ||||||
21 | Sec. 7-19. The primary ballot of each political party for | ||||||
22 | each precinct shall be
arranged and printed substantially in | ||||||
23 | the manner following:
| ||||||
24 | 1. Designating words. At the top of the ballot shall be | ||||||
25 | printed in
large capital letters, words designating the ballot, |
| |||||||
| |||||||
1 | if a Republican
ballot, the designating words shall be: | ||||||
2 | "REPUBLICAN PRIMARY BALLOT"; if
a Democratic ballot the | ||||||
3 | designating words shall be: "DEMOCRATIC PRIMARY
BALLOT"; and in | ||||||
4 | like manner for each political party.
| ||||||
5 | 2. Order of Names, Directions to Voters, etc. Beginning not | ||||||
6 | less
than one inch below designating words, the name of each | ||||||
7 | office to be
filled shall be printed in capital letters. Such | ||||||
8 | names may be printed on
the ballot either in a single column or | ||||||
9 | in 2 or more columns and in the
following order, to-wit:
| ||||||
10 | President of the United States, State offices, | ||||||
11 | congressional offices,
delegates and alternate delegates to be | ||||||
12 | elected from the State at large
to National nominating | ||||||
13 | conventions, delegates and alternate delegates to
be elected | ||||||
14 | from congressional districts to National nominating
| ||||||
15 | conventions, member or members of the State central committee, | ||||||
16 | trustees of sanitary
districts, county offices, judicial | ||||||
17 | officers, city, village and
incorporated town offices, town | ||||||
18 | offices, or of such of the said offices
as candidates are to be | ||||||
19 | nominated for at such primary, and precinct,
township or ward | ||||||
20 | committeepersons committeemen . If two or more columns are used, | ||||||
21 | the
foregoing offices to and including member of the State | ||||||
22 | central committee
shall be listed in the left-hand column and | ||||||
23 | Senatorial offices, as
defined in Section 8-3, shall be the
| ||||||
24 | first offices listed in the second column.
| ||||||
25 | Below the name of each office shall be printed in small | ||||||
26 | letters the
directions to voters: "Vote for one"; "Vote for not |
| |||||||
| |||||||
1 | more than two"; "Vote for not more than three". If no candidate | ||||||
2 | or candidates file for an office and if no person or persons | ||||||
3 | file a declaration as a write-in candidate for that office, | ||||||
4 | then below the title of that office the election authority | ||||||
5 | instead shall print "No Candidate".
| ||||||
6 | Next to the name of each candidate for delegate or | ||||||
7 | alternate delegate
to a national nominating convention shall | ||||||
8 | appear either (a)
the name of the
candidate's preference for | ||||||
9 | President of the United States or the word
"uncommitted" or (b) | ||||||
10 | no official designation, depending upon the action
taken by the | ||||||
11 | State central committee pursuant to Section 7-10.3 of this Act.
| ||||||
12 | Below the name of each office shall be printed in capital | ||||||
13 | letters the
names of all candidates, arranged in the order in | ||||||
14 | which their petitions
for nominations were filed, except as | ||||||
15 | otherwise provided in Sections
7-14 and 7-17 of this Article. | ||||||
16 | Opposite and in front of the name of each
candidate shall be | ||||||
17 | printed a square and all squares upon the primary
ballot shall | ||||||
18 | be of uniform size. The names of each team of candidates for | ||||||
19 | Governor and Lieutenant Governor, however, shall be printed | ||||||
20 | within a bracket, and a single square shall be printed in front | ||||||
21 | of the bracket. Spaces between the names of candidates
under | ||||||
22 | each office shall be uniform and sufficient spaces shall | ||||||
23 | separate
the names of candidates for one office from the names | ||||||
24 | of candidates for
another office, to avoid confusion and to | ||||||
25 | permit the writing in of the
names of other candidates.
| ||||||
26 | Where voting machines or electronic voting systems are |
| |||||||
| |||||||
1 | used, the
provisions of this Section may be modified as | ||||||
2 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
3 | is applicable.
| ||||||
4 | (Source: P.A. 95-862, eff. 8-19-08; 96-1018, eff. 1-1-11.)
| ||||||
5 | (10 ILCS 5/7-25) (from Ch. 46, par. 7-25)
| ||||||
6 | Sec. 7-25.
The tally sheets for each political party | ||||||
7 | participating in the
primary election shall be substantially in | ||||||
8 | the following form:
| ||||||
9 | "Tally sheet for ....(name of political party) for the .... | ||||||
10 | precinct, in
the county of .... for a primary held on the .... | ||||||
11 | day of .... A.D. ....."
| ||||||
12 | The names of candidates for nomination and for State | ||||||
13 | central committeepersons
committeemen , township, and precinct | ||||||
14 | and ward committeepersons committeemen , and delegates
and | ||||||
15 | alternate delegates to National nominating conventions, shall | ||||||
16 | be placed
on the tally sheets of each political party by the | ||||||
17 | primary judges, in the
order in which they appear on the | ||||||
18 | ballot.
| ||||||
19 | (Source: Laws 1957, p. 1450.)
| ||||||
20 | (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
| ||||||
21 | Sec. 7-34. Pollwatchers in a primary election shall be | ||||||
22 | authorized in
the following manner:
| ||||||
23 | (1) Each established political party shall be entitled to | ||||||
24 | appoint
one pollwatcher per precinct. Such pollwatchers must be |
| |||||||
| |||||||
1 | affiliated with
the political party for which they are | ||||||
2 | pollwatching and must be a registered
voter in Illinois.
| ||||||
3 | (2) Each candidate shall be entitled to appoint two | ||||||
4 | pollwatchers per
precinct. For Federal, State, county, | ||||||
5 | township, and municipal primary elections, the
pollwatchers | ||||||
6 | must be registered to vote in Illinois.
| ||||||
7 | (3) Each organization of citizens within the county or | ||||||
8 | political
subdivision, which has among its purposes or | ||||||
9 | interests the investigation
or prosecution of election frauds, | ||||||
10 | and which shall have registered its
name and address and the | ||||||
11 | names and addresses of its principal officers
with the proper | ||||||
12 | election authority at least 40 days before the primary
| ||||||
13 | election, shall be entitled to appoint one pollwatcher per | ||||||
14 | precinct.
For all primary elections, the pollwatcher must be | ||||||
15 | registered to vote in
Illinois.
| ||||||
16 | (3.5) Each State nonpartisan civic organization within the | ||||||
17 | county or political subdivision shall be entitled to appoint | ||||||
18 | one pollwatcher per precinct, provided that no more than 2 | ||||||
19 | pollwatchers appointed by State nonpartisan civic | ||||||
20 | organizations shall be present in a precinct polling place at | ||||||
21 | the same time. Each organization shall have registered the | ||||||
22 | names and addresses of its principal officers with the proper | ||||||
23 | election authority at least 40 days before the primary | ||||||
24 | election. The pollwatchers must be registered to vote in | ||||||
25 | Illinois. For the purpose of this paragraph, a "State | ||||||
26 | nonpartisan civic organization" means any corporation, |
| |||||||
| |||||||
1 | unincorporated association, or organization that: | ||||||
2 | (i) as part of its written articles of incorporation, | ||||||
3 | bylaws, or charter or by separate written declaration, has | ||||||
4 | among its stated purposes the provision of voter | ||||||
5 | information and education, the protection of individual | ||||||
6 | voters' rights, and the promotion of free and equal | ||||||
7 | elections; | ||||||
8 | (ii) is organized or primarily conducts its activities | ||||||
9 | within the State of Illinois; and | ||||||
10 | (iii) continuously maintains an office or business | ||||||
11 | location within the State of Illinois, together with a | ||||||
12 | current listed telephone number (a post office box number | ||||||
13 | without a current listed telephone number is not | ||||||
14 | sufficient).
| ||||||
15 | (4) Each organized group of proponents or opponents of a | ||||||
16 | ballot
proposition, which shall have registered the name and | ||||||
17 | address of its
organization or committee and the name and | ||||||
18 | address of its chairperson chairman with
the proper election | ||||||
19 | authority at least 40 days before the primary
election, shall | ||||||
20 | be entitled to appoint one pollwatcher per precinct. The
| ||||||
21 | pollwatcher must be registered to vote in Illinois.
| ||||||
22 | (5) In any primary election held to nominate candidates for | ||||||
23 | the offices
of a municipality of less than 3,000,000 population | ||||||
24 | that is situated in
2 or more counties, a pollwatcher who is a | ||||||
25 | resident of a county in which
any part of the municipality is
| ||||||
26 | situated shall be eligible to serve as a pollwatcher in any |
| |||||||
| |||||||
1 | polling place
located within such municipality, provided that | ||||||
2 | such pollwatcher otherwise
complies with the respective | ||||||
3 | requirements of subsections (1) through (4)
of this Section and | ||||||
4 | is a registered voter whose residence is within
Illinois.
| ||||||
5 | All pollwatchers shall be required to have proper | ||||||
6 | credentials. Such
credentials shall be printed in sufficient | ||||||
7 | quantities, shall be issued
by and under the facsimile | ||||||
8 | signature(s) of the election authority and
shall be available | ||||||
9 | for distribution at least 2 weeks prior to the
election. Such | ||||||
10 | credentials shall be authorized by the real or facsimile
| ||||||
11 | signature of the State or local party official or the candidate | ||||||
12 | or the
presiding officer of the civic organization or the | ||||||
13 | chairperson chairman of the
proponent or opponent group, as the | ||||||
14 | case may be.
| ||||||
15 | Pollwatcher credentials shall be in substantially the | ||||||
16 | following form:
| ||||||
17 | POLLWATCHER CREDENTIALS
| ||||||
18 | TO THE JUDGES OF ELECTION:
| ||||||
19 | In accordance with the provisions of the Election Code,
the | ||||||
20 | undersigned hereby appoints ........... (name of pollwatcher)
| ||||||
21 | at .......... (address) in the county of ...........,
| ||||||
22 | .......... (township or municipality) of ........... (name), | ||||||
23 | State of Illinois
and who is duly registered to vote from this | ||||||
24 | address,
to act as a pollwatcher in the ........... precinct of | ||||||
25 | the
.......... ward (if applicable) of the ...........
|
| |||||||
| |||||||
1 | (township or municipality) of ........... at the
........... | ||||||
2 | election to be held on (insert date).
| ||||||
3 | ........................ (Signature of Appointing Authority)
| ||||||
4 | ........................ TITLE (party official, candidate,
| ||||||
5 | civic organization president,
| ||||||
6 | proponent or opponent group | ||||||
7 | chairperson chairman )
| ||||||
8 | Under penalties provided by law pursuant to Section 29-10 | ||||||
9 | of the
Election Code, the undersigned pollwatcher certifies | ||||||
10 | that he or she resides
at .............. (address) in the | ||||||
11 | county of ........., ......... (township
or municipality) of | ||||||
12 | .......... (name), State of Illinois, and is duly
registered to | ||||||
13 | vote in Illinois.
| ||||||
14 | ........................... ..........................
| ||||||
15 | (Precinct and/or Ward in (Signature of Pollwatcher)
| ||||||
16 | Which Pollwatcher Resides)
| ||||||
17 | Pollwatchers must present their credentials to the Judges | ||||||
18 | of Election
upon entering the polling place. Pollwatcher | ||||||
19 | credentials properly
executed and signed shall be proof of the | ||||||
20 | qualifications of the
pollwatcher authorized thereby. Such | ||||||
21 | credentials are retained by the
Judges and returned to the | ||||||
22 | Election Authority at the end of the day of election
with the | ||||||
23 | other election materials. Once a pollwatcher has surrendered a
| ||||||
24 | valid credential, he may leave and reenter the polling place | ||||||
25 | provided
that such continuing action does not disrupt the |
| |||||||
| |||||||
1 | conduct of the election.
Pollwatchers may be substituted during | ||||||
2 | the course of the day, but established
political parties, | ||||||
3 | candidates, qualified civic organizations and proponents
and | ||||||
4 | opponents of a ballot proposition can have only as many | ||||||
5 | pollwatchers
at any given time as are authorized in this | ||||||
6 | Article. A substitute must
present his signed credential to the | ||||||
7 | judges of election upon entering the
polling place. Election | ||||||
8 | authorities must provide a sufficient number of
credentials to | ||||||
9 | allow for substitution of pollwatchers.
After the polls have | ||||||
10 | closed, pollwatchers shall be allowed to
remain until the | ||||||
11 | canvass of votes is completed; but may leave and
reenter only | ||||||
12 | in cases of necessity, provided that such action is not so
| ||||||
13 | continuous as to disrupt the canvass of votes.
| ||||||
14 | Candidates seeking office in a district or municipality | ||||||
15 | encompassing 2
or more counties shall be admitted to any and | ||||||
16 | all polling places throughout
such district or municipality | ||||||
17 | without regard to the counties in which such
candidates are | ||||||
18 | registered to vote. Actions of such candidates shall be
| ||||||
19 | governed in each polling place by the same privileges and | ||||||
20 | limitations that
apply to pollwatchers as provided in this | ||||||
21 | Section. Any such candidate who
engages in an activity in a | ||||||
22 | polling place which could reasonably be
construed by a majority | ||||||
23 | of the judges of election as campaign activity
shall be removed | ||||||
24 | forthwith from such polling place.
| ||||||
25 | Candidates seeking office in a district or municipality | ||||||
26 | encompassing 2 or
more counties who desire to be admitted to |
| |||||||
| |||||||
1 | polling places on election day
in such district or municipality | ||||||
2 | shall be required to have proper
credentials. Such credentials | ||||||
3 | shall be printed in sufficient quantities,
shall be issued by | ||||||
4 | and under the facsimile signature of the
election authority of | ||||||
5 | the election jurisdiction where the polling place in
which the | ||||||
6 | candidate seeks admittance is located, and shall be available | ||||||
7 | for
distribution at least 2 weeks prior to the election. Such | ||||||
8 | credentials shall
be signed by the candidate.
| ||||||
9 | Candidate credentials shall be in substantially the | ||||||
10 | following form:
| ||||||
11 | CANDIDATE CREDENTIALS
| ||||||
12 | TO THE JUDGES OF ELECTION:
| ||||||
13 | In accordance with the provisions of the Election Code, I | ||||||
14 | ...... (name of
candidate) hereby certify that I am a candidate | ||||||
15 | for ....... (name of
office) and seek admittance to ....... | ||||||
16 | precinct of the ....... ward (if
applicable) of the ....... | ||||||
17 | (township or municipality) of ....... at the
....... election | ||||||
18 | to be held on (insert date).
| ||||||
19 | ......................... .......................
| ||||||
20 | (Signature of Candidate) OFFICE FOR WHICH
| ||||||
21 | CANDIDATE SEEKS
| ||||||
22 | NOMINATION OR
| ||||||
23 | ELECTION
| ||||||
24 | Pollwatchers shall be permitted to observe all proceedings |
| |||||||
| |||||||
1 | and view all reasonably requested records relating
to the | ||||||
2 | conduct of the election, provided the secrecy of the ballot is | ||||||
3 | not impinged, and to station themselves in a position
in the | ||||||
4 | voting room as will enable them to observe the judges making | ||||||
5 | the
signature comparison between the voter application and the | ||||||
6 | voter
registration record card; provided, however, that such | ||||||
7 | pollwatchers
shall not be permitted to station themselves in | ||||||
8 | such close proximity to
the judges of election so as to | ||||||
9 | interfere with the orderly conduct of
the election and shall | ||||||
10 | not, in any event, be permitted to handle
election materials. | ||||||
11 | Pollwatchers may challenge for cause the voting
qualifications | ||||||
12 | of a person offering to vote and may call to the
attention of | ||||||
13 | the judges of election any incorrect procedure or apparent
| ||||||
14 | violations of this Code.
| ||||||
15 | If a majority of the judges of election determine that the | ||||||
16 | polling
place has become too overcrowded with pollwatchers so | ||||||
17 | as to interfere
with the orderly conduct of the election, the | ||||||
18 | judges shall, by lot,
limit such pollwatchers to a reasonable | ||||||
19 | number, except that each
candidate and each established or new | ||||||
20 | political party shall be permitted
to have at least one | ||||||
21 | pollwatcher present.
| ||||||
22 | Representatives of an election authority, with regard to an | ||||||
23 | election
under its jurisdiction, the State Board of Elections, | ||||||
24 | and law
enforcement agencies, including but not limited to a | ||||||
25 | United States
Attorney, a State's attorney, the Attorney | ||||||
26 | General, and a State, county,
or local police department, in |
| |||||||
| |||||||
1 | the performance of their official
election duties, shall be | ||||||
2 | permitted at all times to enter and remain in
the polling | ||||||
3 | place. Upon entering the polling place, such
representatives | ||||||
4 | shall display their official credentials or other
| ||||||
5 | identification to the judges of election.
| ||||||
6 | Uniformed police officers assigned to polling place duty | ||||||
7 | shall follow
all lawful instructions of the judges of election.
| ||||||
8 | The provisions of this Section shall also apply to | ||||||
9 | supervised casting of vote by mail
ballots as provided in | ||||||
10 | Section 19-12.2 of this Act.
| ||||||
11 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
12 | (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
| ||||||
13 | Sec. 7-46.
On receiving from the primary judges a primary | ||||||
14 | ballot of his
party, the primary elector shall forthwith and | ||||||
15 | without leaving the polling
place, retire alone to one of the | ||||||
16 | voting booths and prepare such primary
ballot by marking a | ||||||
17 | cross (X) in the square in front of and opposite the
name of | ||||||
18 | each candidate of his choice for each office to be filled, and | ||||||
19 | for
delegates and alternate delegates to national nominating | ||||||
20 | conventions, and
for committeepersons committeemen , if | ||||||
21 | committeepersons committeemen are being elected at such | ||||||
22 | primary. A cross (X) in the square in front of the bracket | ||||||
23 | enclosing the names of a team of candidates for Governor and | ||||||
24 | Lieutenant Governor counts as one vote for each of those | ||||||
25 | candidates.
|
| |||||||
| |||||||
1 | Any primary elector may, instead of voting for any | ||||||
2 | candidate for
nomination or for committeeperson committeeman | ||||||
3 | or for delegate or alternate delegate to
national nominating | ||||||
4 | conventions, whose name is printed on the primary
ballot, write | ||||||
5 | in the name of any other person affiliated with such party as
a | ||||||
6 | candidate for the nomination for any office, or for | ||||||
7 | committeeperson committeeman , or for
delegates or alternate | ||||||
8 | delegates to national nominating conventions, and
indicate his | ||||||
9 | choice of such candidate or committeeperson committeeman or | ||||||
10 | delegate or
alternate delegate, by placing to the left of and | ||||||
11 | opposite the name thus
written a square and placing in the | ||||||
12 | square a cross (X). A primary elector, however, may not by this | ||||||
13 | method vote separately for Governor and Lieutenant Governor but | ||||||
14 | must write in the names of candidates of his or her choice for | ||||||
15 | both offices and indicate his or her choice of those names by | ||||||
16 | placing a single square to the left of those names and placing | ||||||
17 | in that square a cross (X).
| ||||||
18 | Where voting machines or electronic voting systems are | ||||||
19 | used, the
provisions of this section may be modified as | ||||||
20 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
21 | is applicable.
| ||||||
22 | (Source: P.A. 96-1018, eff. 1-1-11.)
| ||||||
23 | (10 ILCS 5/7-51) (from Ch. 46, par. 7-51)
| ||||||
24 | Sec. 7-51.
If the primary elector marks more names upon the | ||||||
25 | primary
ballot than there are persons to be nominated as |
| |||||||
| |||||||
1 | candidates for an
office, or for State central committeepersons | ||||||
2 | committeemen , or precinct committeepersons committeemen , or
| ||||||
3 | township committeepersons committeemen , or ward | ||||||
4 | committeepersons committeemen , or delegates or alternate
| ||||||
5 | delegates to National nominating conventions, or if for any | ||||||
6 | reason it is
impossible to determine the primary elector's | ||||||
7 | choice of a candidate for
the nomination for an office, or | ||||||
8 | committeeperson committeeman , or delegate, his primary
ballot | ||||||
9 | shall not be counted for the nomination for such office or | ||||||
10 | committeeperson
committeeman .
| ||||||
11 | No primary ballot, without the endorsement of the judge's | ||||||
12 | initials
thereon, shall be counted.
| ||||||
13 | No judge shall omit to endorse his initials on a primary | ||||||
14 | ballot, as
required by this Article, nor shall any person not | ||||||
15 | authorized so to do
initial a primary ballot knowing that he is | ||||||
16 | not so authorized.
| ||||||
17 | Primary ballots not counted shall be marked "defective" on | ||||||
18 | the back
thereof; and primary ballots to which objections have | ||||||
19 | been made by
either of the primary judges or challengers shall | ||||||
20 | be marked "objected
to" on the back thereof; and a memorandum, | ||||||
21 | signed by the primary judges,
stating how it was counted, shall | ||||||
22 | be written on the back of each primary
ballot so marked; and | ||||||
23 | all primary ballots marked "defective" or
"objected to" shall | ||||||
24 | be enclosed in an envelope and securely sealed, and
so marked | ||||||
25 | and endorsed as to clearly disclose its contents. The envelope
| ||||||
26 | to be used for enclosing ballots marked "defective" or |
| |||||||
| |||||||
1 | "objected to"
shall bear upon its face, in not less than 1 1/2 | ||||||
2 | inch type, the legend:
"This envelope is for use after 6:00 | ||||||
3 | P.M. only." The envelope to be used
for enclosing ballots | ||||||
4 | spoiled by voters while attempting to vote shall
bear upon its | ||||||
5 | face, in not less than 1 1/2 inch type, the legend: "This
| ||||||
6 | envelope is for use before 6:00 P.M. only."
| ||||||
7 | All primary ballots not voted, and all that have been | ||||||
8 | spoiled by
voters while attempting to vote, shall be returned | ||||||
9 | to the proper election authority
by the primary judges, and a | ||||||
10 | receipt taken therefor, and shall be
preserved 2 months. Such | ||||||
11 | official shall keep a record of the number of
primary ballots | ||||||
12 | delivered for each polling place, and he or they shall
also | ||||||
13 | enter upon such record the number and character of primary | ||||||
14 | ballots
returned, with the time when and the persons by whom | ||||||
15 | they are returned.
| ||||||
16 | (Source: P.A. 80-1469.)
| ||||||
17 | (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
| ||||||
18 | Sec. 7-53.
As soon as the ballots of a political party | ||||||
19 | shall have
been read and the votes of the political party | ||||||
20 | counted, as provided in
the last above section, the 3 judges in | ||||||
21 | charge of the tally sheets shall
foot up the tally sheets so as | ||||||
22 | to show the total number of votes cast
for each candidate of | ||||||
23 | the political party and for each candidate for
State Central | ||||||
24 | committeeperson committeeman and precinct committeeperson | ||||||
25 | committeeman , township committeeperson
committeeman or ward |
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | committeeperson committeeman , and delegate and alternate | ||||||||||||||||||||||||||
2 | delegate
to National nominating conventions, and certify the | ||||||||||||||||||||||||||
3 | same to be correct.
Thereupon, the primary judges shall set | ||||||||||||||||||||||||||
4 | down in a certificate of results
on the tally sheet, under the | ||||||||||||||||||||||||||
5 | name of the political party, the name of
each candidate voted | ||||||||||||||||||||||||||
6 | for upon the primary ballot, written at full
length, the name | ||||||||||||||||||||||||||
7 | of the office for which he is a candidate for
nomination or for | ||||||||||||||||||||||||||
8 | committeeperson committeeman , or delegate or alternate | ||||||||||||||||||||||||||
9 | delegate to
National nominating conventions, the total number | ||||||||||||||||||||||||||
10 | of votes which the
candidate received, and they shall also set | ||||||||||||||||||||||||||
11 | down the total number of
ballots voted by the primary electors | ||||||||||||||||||||||||||
12 | of the political party in the
precinct. The certificate of | ||||||||||||||||||||||||||
13 | results shall be made substantially in the
following form:
| ||||||||||||||||||||||||||
14 | ................ Party
| ||||||||||||||||||||||||||
15 | At the primary election held in the .... precinct of the | ||||||||||||||||||||||||||
16 | (1) *township of
...., or (2) *City of ...., or (3) *.... ward | ||||||||||||||||||||||||||
17 | in the city of .... on (insert
date), the primary electors of | ||||||||||||||||||||||||||
18 | the ....
party voted .... ballots, and the respective | ||||||||||||||||||||||||||
19 | candidates whose names were
written or printed on the primary | ||||||||||||||||||||||||||
20 | ballot of the .... party, received
respectively the following | ||||||||||||||||||||||||||
21 | votes:
| ||||||||||||||||||||||||||
|
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
5 | *Fill in either (1), (2) or (3).
| |||||||||||||||||||||
6 | And so on for each candidate.
| |||||||||||||||||||||
7 | We hereby certify the above and foregoing to be true and | |||||||||||||||||||||
8 | correct.
| |||||||||||||||||||||
9 | Dated (insert date).
| |||||||||||||||||||||
10 | ...................................
| |||||||||||||||||||||
11 | Name Address
| |||||||||||||||||||||
12 | ...................................
| |||||||||||||||||||||
13 | Name Address
| |||||||||||||||||||||
14 | ...................................
| |||||||||||||||||||||
15 | Name Address
| |||||||||||||||||||||
16 | ...................................
| |||||||||||||||||||||
17 | Name Address
| |||||||||||||||||||||
18 | ...................................
| |||||||||||||||||||||
19 | Name Address
| |||||||||||||||||||||
20 | Judges of Primary
| |||||||||||||||||||||
21 | Where voting machines or electronic voting systems are | |||||||||||||||||||||
22 | used, the
provisions of this Section may be modified as | |||||||||||||||||||||
23 | required or authorized by
Article 24 and Article 24A, whichever | |||||||||||||||||||||
24 | is applicable.
| |||||||||||||||||||||
25 | (Source: P.A. 96-1018, eff. 1-1-11 .)
|
| |||||||
| |||||||
1 | (10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
| ||||||
2 | Sec. 7-55.
The primary poll books or the official poll | ||||||
3 | record, and the
tally sheets with the certificates of the | ||||||
4 | primary judges written thereon,
together with the envelopes | ||||||
5 | containing the ballots, including the envelope
containing the | ||||||
6 | ballots marked "defective" or "objected to", shall be
carefully | ||||||
7 | enveloped and sealed up together, properly endorsed, and the
| ||||||
8 | primary judges shall elect 2 judges (one from each of the major | ||||||
9 | political
parties), who shall immediately deliver the same to | ||||||
10 | the clerk from whom the
primary ballots were obtained, which | ||||||
11 | clerk shall safely keep the same for 2
months, and thereafter | ||||||
12 | shall safely keep the poll books until the next
primary. Each | ||||||
13 | election authority shall keep the office of the election
| ||||||
14 | authority, or any receiving stations designated by such | ||||||
15 | authority, open
for at least 12 consecutive hours after the | ||||||
16 | polls close,
or until the judges of each precinct under the | ||||||
17 | jurisdiction of the election
authority have delivered to the | ||||||
18 | election authority all the above materials
sealed up together | ||||||
19 | and properly endorsed as provided herein. Materials
delivered | ||||||
20 | to the election authority which are not in the condition | ||||||
21 | required
by this Section shall not be accepted by the election | ||||||
22 | authority until the
judges delivering the same make and sign | ||||||
23 | the necessary corrections. Upon
acceptance of the materials by | ||||||
24 | the election authority, the judges delivering
the same shall | ||||||
25 | take a receipt signed by the election authority and stamped
|
| |||||||
| |||||||
1 | with the time and date of
such delivery. The election judges | ||||||
2 | whose duty it is to deliver any materials
as above provided | ||||||
3 | shall, in the event such materials cannot be found when
needed, | ||||||
4 | on proper request, produce the receipt which they are to take | ||||||
5 | as
above provided.
| ||||||
6 | The county clerk or board of election commissioners shall | ||||||
7 | deliver a copy
of each tally sheet to the county chairmen of | ||||||
8 | the two largest political
parties.
| ||||||
9 | Where voting machines or electronic voting systems are | ||||||
10 | used, the
provisions of this section may be modified as | ||||||
11 | required or authorized by
Article 24 and Article 24A, whichever | ||||||
12 | is applicable.
| ||||||
13 | (Source: P.A. 83-764.)
| ||||||
14 | (10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
| ||||||
15 | Sec. 7-56. As soon as complete returns are delivered to the | ||||||
16 | proper election
authority, the returns shall be canvassed for | ||||||
17 | all primary elections as follows. The election authority acting | ||||||
18 | as the canvassing board
pursuant to Section 1-8 of this Code | ||||||
19 | shall also open
and canvass the returns of a primary. Upon the
| ||||||
20 | completion of the canvass of the returns by the election | ||||||
21 | authority,
the election authority shall make a tabulated | ||||||
22 | statement of the returns
for each political party separately, | ||||||
23 | stating in appropriate columns and
under proper headings, the | ||||||
24 | total number of votes cast in said county for
each candidate | ||||||
25 | for nomination or election by said party, including candidates |
| |||||||
| |||||||
1 | for
President of the United States and for State central | ||||||
2 | committeepersons committeemen , and
for delegates and alternate | ||||||
3 | delegates to National nominating
conventions, and for precinct | ||||||
4 | committeepersons committeemen , township committeepersons | ||||||
5 | committeemen , and
for ward committeepersons committeemen . | ||||||
6 | Within 2 days after the completion of said
canvass by the | ||||||
7 | election authority, the county clerk shall mail to the
State | ||||||
8 | Board of Elections a certified copy of such tabulated statement | ||||||
9 | of
returns. The
election authority shall also determine and set | ||||||
10 | down as to each precinct the
number of ballots voted by the | ||||||
11 | primary electors of each party at the primary.
| ||||||
12 | In the case of the nomination or election of candidates for | ||||||
13 | offices,
including President of the United States and the State | ||||||
14 | central committeepersons
committeemen , and delegates and | ||||||
15 | alternate delegates to National
nominating conventions, | ||||||
16 | certified tabulated statement of returns for
which are filed | ||||||
17 | with the State Board of Elections, said returns shall be
| ||||||
18 | canvassed by the election authority. And, provided, further, | ||||||
19 | that within 5 days after
said returns shall be canvassed by the | ||||||
20 | said Board, the Board shall cause
to be published in one daily | ||||||
21 | newspaper of general circulation at the
seat of the State | ||||||
22 | government in Springfield a certified statement of the
returns | ||||||
23 | filed in its office, showing the total vote cast in the State
| ||||||
24 | for each candidate of each political party for President of the | ||||||
25 | United
States, and showing the total vote for each candidate of | ||||||
26 | each political
party for President of the United States, cast |
| |||||||
| |||||||
1 | in each of the several
congressional districts in the State.
| ||||||
2 | Within 48 hours of conducting a canvass, as required
by | ||||||
3 | this Code, of the consolidated
primary, the election authority | ||||||
4 | shall deliver
an original certificate of results to each local | ||||||
5 | election official, with
respect to whose political | ||||||
6 | subdivisions nominations were made at such primary,
for each | ||||||
7 | precinct in his jurisdiction in which such nominations were on
| ||||||
8 | the ballot. Such original certificate of results need not | ||||||
9 | include any offices
or nominations for any other political | ||||||
10 | subdivisions.
| ||||||
11 | (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; | ||||||
12 | 95-331, eff. 8-21-07.)
| ||||||
13 | (10 ILCS 5/7-58) (from Ch. 46, par. 7-58)
| ||||||
14 | Sec. 7-58. Each county clerk or board of election
| ||||||
15 | commissioners shall, upon completion of the
canvassing of the | ||||||
16 | returns, make and transmit to the State Board of
Elections and | ||||||
17 | to each election authority whose duty it is to print the
| ||||||
18 | official ballot for the election for which the nomination is | ||||||
19 | made a
proclamation of the results of the primary. The | ||||||
20 | proclamation shall state
the name of each candidate of each | ||||||
21 | political party so
nominated or elected, as shown by the | ||||||
22 | returns, together with the name of
the office for which he or | ||||||
23 | she was nominated or elected, including precinct,
township and | ||||||
24 | ward committeepersons committeemen , and including in the case | ||||||
25 | of the State
Board of Elections, candidates for State central |
| |||||||
| |||||||
1 | committeepersons committeemen , and
delegates and alternate | ||||||
2 | delegates to National nominating conventions. If
a notice of | ||||||
3 | contest is filed, the election authority shall, within one
| ||||||
4 | business day after receiving a certified copy of the court's | ||||||
5 | judgment or
order, amend its proclamation accordingly and | ||||||
6 | proceed to file an amended
proclamation with the appropriate | ||||||
7 | election authorities and with the State
Board of Elections.
| ||||||
8 | The State Board of Elections shall issue a certificate of
| ||||||
9 | election to each of the persons shown by the returns and the
| ||||||
10 | proclamation thereof to be elected State central | ||||||
11 | committeepersons committeemen , and
delegates and alternate | ||||||
12 | delegates to National nomination conventions;
and the county | ||||||
13 | clerk shall issue a certificate of election to each
person | ||||||
14 | shown by the returns to be elected precinct, township or ward | ||||||
15 | committeeperson
committeeman . The certificate issued to such | ||||||
16 | precinct committeeperson committeeman shall
state the number | ||||||
17 | of ballots voted in his or her precinct by the primary
electors | ||||||
18 | of his or her party at the primary at which he or she was | ||||||
19 | elected. The
certificate issued to such township | ||||||
20 | committeeperson committeeman shall state the number
of ballots | ||||||
21 | voted in his or her township or part of a township, as the case | ||||||
22 | may
be, by the primary electors of his or her party at the | ||||||
23 | primary at which he or she was
elected. The certificate issued | ||||||
24 | to such ward committeeperson committeeman shall state
the | ||||||
25 | number of ballots voted in his or her ward by the primary | ||||||
26 | electors of his or her
party at the primary at which he or she |
| |||||||
| |||||||
1 | was elected.
| ||||||
2 | (Source: P.A. 94-647, eff. 1-1-06.)
| ||||||
3 | (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
| ||||||
4 | Sec. 7-59. (a) The person receiving the highest number of | ||||||
5 | votes at a
primary as a candidate of a party for the nomination | ||||||
6 | for an office shall
be the candidate of that party for such | ||||||
7 | office, and his name as such
candidate shall be placed on the | ||||||
8 | official ballot at the election then
next ensuing; provided, | ||||||
9 | that where there are two or more persons to be
nominated for | ||||||
10 | the same office or board, the requisite number of persons
| ||||||
11 | receiving the highest number of votes shall be nominated and | ||||||
12 | their names
shall be placed on the official ballot at the | ||||||
13 | following election.
| ||||||
14 | Except as otherwise provided by Section 7-8 of this Act, | ||||||
15 | the
person receiving the highest number of votes of his party | ||||||
16 | for
State central committeeperson committeeman of his | ||||||
17 | congressional district shall be
declared elected State central | ||||||
18 | committeeperson committeeman from said congressional
district.
| ||||||
19 | Unless a national political party specifies that delegates | ||||||
20 | and
alternate delegates to a National nominating convention be | ||||||
21 | allocated by
proportional selection representation according | ||||||
22 | to the results of a
Presidential preference primary, the | ||||||
23 | requisite number of persons
receiving the highest number of | ||||||
24 | votes of their party for delegates and
alternate delegates to | ||||||
25 | National nominating conventions from the State at
large, and |
| |||||||
| |||||||
1 | the requisite number of persons receiving the highest number of
| ||||||
2 | votes of their party for delegates and alternate delegates to | ||||||
3 | National
nominating conventions in their respective | ||||||
4 | congressional districts shall be
declared elected delegates | ||||||
5 | and alternate delegates to the National
nominating conventions | ||||||
6 | of their party.
| ||||||
7 | A political party which elects the members to its State | ||||||
8 | Central Committee
by Alternative B under paragraph (a) of | ||||||
9 | Section 7-8 shall select its
congressional district delegates | ||||||
10 | and alternate delegates to its national
nominating convention | ||||||
11 | by proportional selection representation according to
the | ||||||
12 | results of a Presidential preference primary in each | ||||||
13 | congressional
district in the manner provided by the rules of | ||||||
14 | the national political
party and the State Central Committee, | ||||||
15 | when the rules and policies of the
national political party so | ||||||
16 | require.
| ||||||
17 | A political party which elects the members to its State | ||||||
18 | Central Committee
by Alternative B under paragraph (a) of | ||||||
19 | Section 7-8 shall select its
at large delegates and alternate | ||||||
20 | delegates to its national
nominating convention by | ||||||
21 | proportional selection representation according to
the results | ||||||
22 | of a Presidential preference primary in the whole State in the
| ||||||
23 | manner provided by the rules of the national political party | ||||||
24 | and the State
Central Committee, when the rules and policies of | ||||||
25 | the national political
party so require.
| ||||||
26 | The person receiving the highest number of votes of his |
| |||||||
| |||||||
1 | party for
precinct committeeperson committeeman of his | ||||||
2 | precinct shall be declared elected precinct committeeperson
| ||||||
3 | committeeman from said precinct.
| ||||||
4 | The person receiving the highest number of votes of his | ||||||
5 | party for
township committeeperson committeeman of his | ||||||
6 | township or part of a township as the case
may be, shall be | ||||||
7 | declared elected township committeeperson committeeman from | ||||||
8 | said
township or part of a township as the case may be. In | ||||||
9 | cities where ward committeepersons
committeemen are elected, | ||||||
10 | the person receiving the highest number of
votes of his party | ||||||
11 | for ward committeeperson committeeman of his ward shall be | ||||||
12 | declared
elected ward committeeperson committeeman from said | ||||||
13 | ward.
| ||||||
14 | When two or more persons receive an equal and the highest | ||||||
15 | number of
votes for the nomination for the same office or for | ||||||
16 | committeeperson committeeman of the
same political party, or | ||||||
17 | where more than one person of the same
political party is to be | ||||||
18 | nominated as a candidate for office or committeeperson
| ||||||
19 | committeeman , if it appears that more than the number of | ||||||
20 | persons to be
nominated for an office or elected | ||||||
21 | committeeperson committeeman have the highest and an
equal | ||||||
22 | number of votes for the nomination for the same office or for
| ||||||
23 | election as committeeperson committeeman , the election | ||||||
24 | authority by which the returns of the primary
are canvassed | ||||||
25 | shall decide by lot which of said persons shall be
nominated or | ||||||
26 | elected, as the case may be. In such case the election |
| |||||||
| |||||||
1 | authority shall issue notice in writing to such persons of such | ||||||
2 | tie vote
stating therein the place, the day (which shall not be | ||||||
3 | more than 5 days thereafter) and the hour when such nomination | ||||||
4 | or election shall
be so determined.
| ||||||
5 | (b) Write-in votes shall be counted only for persons who | ||||||
6 | have filed
notarized declarations of intent to be write-in | ||||||
7 | candidates with the proper
election authority or authorities | ||||||
8 | not later than 61 days prior to
the primary. However, whenever | ||||||
9 | an objection to a candidate's nominating papers or petitions | ||||||
10 | for any office is sustained under Section 10-10 after the 61st | ||||||
11 | day before the election, then write-in votes shall be counted | ||||||
12 | for that candidate if he or she has filed a notarized | ||||||
13 | declaration of intent to be a write-in candidate for that | ||||||
14 | office with the proper election authority or authorities not | ||||||
15 | later than 7 days prior to the election.
| ||||||
16 | Forms for the declaration of intent to be a write-in | ||||||
17 | candidate shall be
supplied by the election authorities. Such | ||||||
18 | declaration shall specify the
office for which the person seeks | ||||||
19 | nomination or election as a write-in
candidate.
| ||||||
20 | The election authority or authorities shall deliver a list | ||||||
21 | of all persons
who have filed such declarations to the election | ||||||
22 | judges in the appropriate
precincts prior to the primary.
| ||||||
23 | (c) (1) Notwithstanding any other provisions of this | ||||||
24 | Section, where
the number of candidates whose names have been | ||||||
25 | printed on a party's
ballot for nomination for or election to | ||||||
26 | an office at a primary is less
than the number of persons the |
| |||||||
| |||||||
1 | party is entitled to nominate for or elect
to the office at the | ||||||
2 | primary, a person whose name was not printed on the
party's | ||||||
3 | primary ballot as a candidate for nomination for or election to | ||||||
4 | the
office, is not nominated for or elected to that office as a | ||||||
5 | result of a
write-in vote at the primary unless the number of | ||||||
6 | votes he received equals
or exceeds the number of signatures | ||||||
7 | required on a petition for nomination
for that office; or | ||||||
8 | unless the number of votes he receives exceeds the
number of | ||||||
9 | votes received by at least one of the candidates whose names | ||||||
10 | were
printed on the primary ballot for nomination for or | ||||||
11 | election to the same
office.
| ||||||
12 | (2) Paragraph (1) of this subsection does not apply where | ||||||
13 | the number
of candidates whose names have been printed on the | ||||||
14 | party's ballot for
nomination for or election to the office at | ||||||
15 | the primary equals or exceeds
the number of persons the party | ||||||
16 | is entitled to nominate for or elect to the
office at the | ||||||
17 | primary.
| ||||||
18 | (Source: P.A. 94-647, eff. 1-1-06; 95-699, eff. 11-9-07.)
| ||||||
19 | (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
| ||||||
20 | Sec. 7-60. Not less than 74 days before the date of the | ||||||
21 | general
election, the State Board of Elections shall certify to | ||||||
22 | the county clerks
the names of each of the candidates who have | ||||||
23 | been nominated as shown by the
proclamation of the State Board | ||||||
24 | of Elections as a canvassing board or who
have been nominated | ||||||
25 | to fill a vacancy in nomination and direct the election
|
| |||||||
| |||||||
1 | authority to place upon the official ballot for the general | ||||||
2 | election the
names of such candidates in the same manner and in | ||||||
3 | the same order as shown
upon the certification, except as | ||||||
4 | otherwise provided in this Section.
| ||||||
5 | Not less than 68 days before the date of the general | ||||||
6 | election, each
county clerk shall certify the names of each of | ||||||
7 | the candidates for county
offices who have been nominated as | ||||||
8 | shown by the proclamation of the county
election authority or | ||||||
9 | who have been nominated to fill a vacancy in nomination
and | ||||||
10 | declare that the names of such candidates for the respective | ||||||
11 | offices
shall be placed upon the official ballot for the | ||||||
12 | general election in the
same manner and in the same order as | ||||||
13 | shown upon the certification, except
as otherwise provided by | ||||||
14 | this Section. Each county clerk shall place a
copy of the | ||||||
15 | certification on file in his or her office and at the same
time | ||||||
16 | issue to the State Board of Elections a copy of such | ||||||
17 | certification.
In addition, each county clerk in whose county | ||||||
18 | there is a board of election
commissioners shall, not less than | ||||||
19 | 68 days before the date of the general
election, issue to such | ||||||
20 | board a copy of the certification that has been
filed in the | ||||||
21 | county clerk's office, together with a copy of the
| ||||||
22 | certification that has been issued to the clerk by the State | ||||||
23 | Board of
Elections, with directions to the board of election | ||||||
24 | commissioners to place
upon the official ballot for the general | ||||||
25 | election in that election
jurisdiction the names of all | ||||||
26 | candidates that are listed on such
certifications, in the same |
| |||||||
| |||||||
1 | manner and in the same order as shown upon such
certifications, | ||||||
2 | except as otherwise provided in this Section.
| ||||||
3 | Whenever there are two or more persons nominated by the | ||||||
4 | same political
party for multiple offices for any board, the | ||||||
5 | name of the candidate of such
party receiving the highest | ||||||
6 | number of votes in the primary election as a
candidate for such | ||||||
7 | office, as shown by the official election returns of the
| ||||||
8 | primary, shall be certified first under the name of such | ||||||
9 | offices, and the
names of the remaining candidates of such | ||||||
10 | party for such offices shall
follow in the order of the number | ||||||
11 | of votes received by them respectively at
the primary election | ||||||
12 | as shown by the official election results.
| ||||||
13 | No person who is shown by the final
proclamation to have
| ||||||
14 | been nominated or elected at the primary as a write-in | ||||||
15 | candidate shall have his or her
name certified unless such | ||||||
16 | person shall have filed with the certifying
office or board | ||||||
17 | within 10 days after the election authority's proclamation
a | ||||||
18 | statement of candidacy pursuant to Section 7-10, a statement | ||||||
19 | pursuant
to Section 7-10.1, and a receipt for the filing of a | ||||||
20 | statement of economic interests in relation to the unit of | ||||||
21 | government to which he or she has been elected or nominated.
| ||||||
22 | Each county clerk and board of election commissioners shall | ||||||
23 | determine
by a fair and impartial method of random selection | ||||||
24 | the order of placement
of established political party | ||||||
25 | candidates for the general election ballot.
Such determination | ||||||
26 | shall be made within 30 days following the canvass and |
| |||||||
| |||||||
1 | proclamation
of the results of the general primary
in the | ||||||
2 | office of the county clerk or board of election commissioners | ||||||
3 | and
shall be open to the public. Seven days written notice of | ||||||
4 | the time and place
of conducting such random selection shall be | ||||||
5 | given, by each such election
authority, to the County | ||||||
6 | Chairperson Chairman of each established political party, and
| ||||||
7 | to each organization of citizens within the election | ||||||
8 | jurisdiction which
was entitled, under this Article, at the | ||||||
9 | next preceding election, to have
pollwatchers present on the | ||||||
10 | day of election. Each election authority shall
post in a | ||||||
11 | conspicuous, open and public place, at the entrance of the | ||||||
12 | election
authority office, notice of the time and place of such | ||||||
13 | lottery. However,
a board of election commissioners may elect | ||||||
14 | to place established political
party candidates on the general | ||||||
15 | election ballot in the same order determined
by the county | ||||||
16 | clerk of the county in which the city under the jurisdiction
of | ||||||
17 | such board is located.
| ||||||
18 | Each certification shall indicate, where applicable, the | ||||||
19 | following:
| ||||||
20 | (1) The political party affiliation of the candidates | ||||||
21 | for the respective offices;
| ||||||
22 | (2) If there is to be more than one candidate elected | ||||||
23 | to an office from
the State, political subdivision or | ||||||
24 | district;
| ||||||
25 | (3) If the voter has the right to vote for more than | ||||||
26 | one candidate for an office;
|
| |||||||
| |||||||
1 | (4) The term of office, if a vacancy is to be filled | ||||||
2 | for less than a
full term or if the offices to be filled in | ||||||
3 | a political subdivision are for
different terms.
| ||||||
4 | The State Board of Elections or the county clerk, as the | ||||||
5 | case may be,
shall issue an amended certification whenever it | ||||||
6 | is discovered that the
original certification is in error.
| ||||||
7 | (Source: P.A. 96-1008, eff. 7-6-10.)
| ||||||
8 | (10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
| ||||||
9 | Sec. 7-60.1. Certification of Candidates - Consolidated | ||||||
10 | Election.
Each local election official of a political | ||||||
11 | subdivision in which candidates
for the respective local | ||||||
12 | offices are nominated at the consolidated primary
shall, no | ||||||
13 | later than 5 days following the canvass and proclamation of the
| ||||||
14 | results of the consolidated primary, certify to each election | ||||||
15 | authority
whose duty it is to prepare the official ballot for | ||||||
16 | the consolidated
election in that political subdivision the | ||||||
17 | names of each of the candidates
who have been nominated as | ||||||
18 | shown by the proclamation of the appropriate election authority | ||||||
19 | or who have been nominated to fill a vacancy in nomination
and | ||||||
20 | direct the election authority to place upon the official ballot | ||||||
21 | for the
consolidated election the names of such candidates in | ||||||
22 | the same manner and
in the same order as shown upon the | ||||||
23 | certification, except as otherwise
provided by this Section.
| ||||||
24 | Whenever there are two or more persons nominated by the | ||||||
25 | same political
party for multiple offices for any board, the |
| |||||||
| |||||||
1 | name of the candidate of such
party receiving the highest | ||||||
2 | number of votes in the consolidated primary
election as a | ||||||
3 | candidate for such consolidated primary, shall be certified
| ||||||
4 | first under the name of such office, and the names of the | ||||||
5 | remaining
candidates of such party for such offices shall | ||||||
6 | follow in the order of the
number of votes received by them | ||||||
7 | respectively at the consolidated primary
election as shown by | ||||||
8 | the official election results.
| ||||||
9 | No person who is shown by the election authority's | ||||||
10 | proclamation to have
been nominated at the consolidated primary | ||||||
11 | as a write-in candidate shall
have his or her name certified | ||||||
12 | unless such person shall have filed with the
certifying office | ||||||
13 | or board within 5 days after the election authority's
| ||||||
14 | proclamation a statement of candidacy pursuant to Section 7-10 | ||||||
15 | and a
statement pursuant to Section 7-10.1.
| ||||||
16 | Each board of election commissioners of the cities in which | ||||||
17 | established
political party candidates for city offices are | ||||||
18 | nominated at the
consolidated primary shall determine by a fair | ||||||
19 | and impartial method of
random selection the order of placement | ||||||
20 | of the established political party
candidates for the | ||||||
21 | consolidated ballot. Such determination shall be made
within 5 | ||||||
22 | days following the canvass and proclamation of the results of | ||||||
23 | the
consolidated primary and shall be open to the public. Three | ||||||
24 | days written
notice of the time and place of conducting such | ||||||
25 | random selection shall be
given, by each such election | ||||||
26 | authority, to the County Chairperson Chairman of each
|
| |||||||
| |||||||
1 | established political party, and to each organization of | ||||||
2 | citizens within
the election jurisdiction which was entitled, | ||||||
3 | under this Article, at the
next preceding election, to have | ||||||
4 | pollwatchers present on the day of
election. Each election | ||||||
5 | authority shall post in a conspicuous, open and
public place, | ||||||
6 | at the entrance of the election authority office, notice of
the | ||||||
7 | time and place of such lottery.
| ||||||
8 | Each local election official of a political subdivision in | ||||||
9 | which
established political party candidates for the | ||||||
10 | respective local offices are
nominated by primary shall | ||||||
11 | determine by a fair and impartial method of
random selection | ||||||
12 | the order of placement of the established political party
| ||||||
13 | candidates for the consolidated election ballot and, in the | ||||||
14 | case of certain
municipalities having annual elections, on the | ||||||
15 | general primary ballot for
election. Such determination shall | ||||||
16 | be made prior to the canvass and
proclamation of results of the | ||||||
17 | consolidated primary or special municipal
primary, as the case | ||||||
18 | may be, in the office of the local election official and
shall | ||||||
19 | be open to the public. Three days written notice of the time | ||||||
20 | and
place of conducting such random selection shall be given, | ||||||
21 | by each such
local election official, to the County Chairperson | ||||||
22 | Chairman of each established
political party, and to each | ||||||
23 | organization of citizens within the election
jurisdiction | ||||||
24 | which was entitled, under this Article, at the next preceding
| ||||||
25 | election, to have pollwatchers present on the day of election. | ||||||
26 | Each local
election official shall post in a conspicuous, open |
| |||||||
| |||||||
1 | and public place notice of
such lottery. Immediately | ||||||
2 | thereafter, the local election official shall
certify the | ||||||
3 | ballot placement order so determined to the proper election
| ||||||
4 | authorities charged with the preparation of the consolidated | ||||||
5 | election, or
general primary,
ballot for that political | ||||||
6 | subdivision.
| ||||||
7 | Not less than 68 days before the date of the consolidated | ||||||
8 | election, each
local election official of a political | ||||||
9 | subdivision in which established
political party candidates | ||||||
10 | for the respective local offices have been
nominated by caucus | ||||||
11 | or have been nominated because no primary was required
to be | ||||||
12 | held shall certify to each election authority whose duty it is | ||||||
13 | to
prepare the official ballot for the consolidated election in | ||||||
14 | that political
subdivision the names of each of the candidates | ||||||
15 | whose certificates of
nomination or nomination papers have been | ||||||
16 | filed in his or her office and
direct the election authority to | ||||||
17 | place upon the official ballot for the
consolidated election | ||||||
18 | the names of such candidates in the same manner and
in the same | ||||||
19 | order as shown upon the certification. Such local election
| ||||||
20 | official shall, prior to certification, determine by a fair and | ||||||
21 | impartial
method of random selection the order of placement of | ||||||
22 | the established
political party candidates for the | ||||||
23 | consolidated election ballot. Such
determination shall be made | ||||||
24 | in the office of the local election official
and shall be open | ||||||
25 | to the public. Three days written notice of the time and
place | ||||||
26 | of conducting such random selection shall be given by each such |
| |||||||
| |||||||
1 | local
election official to the county chairperson chairman of | ||||||
2 | each established political
party, and to each organization of | ||||||
3 | citizens within the election
jurisdiction which was entitled, | ||||||
4 | under this Article, at the next preceding
election, to have | ||||||
5 | pollwatchers present on the day of election. Each local
| ||||||
6 | election official shall post in a conspicuous, open and public | ||||||
7 | place, at the
entrance of the office, notice of the time and | ||||||
8 | place of such lottery. The
local election official shall | ||||||
9 | certify the ballot placement order so
determined as part of his | ||||||
10 | official certification of candidates to the
election | ||||||
11 | authorities whose duty it is to prepare the official ballot for
| ||||||
12 | the consolidated election in that political subdivision.
| ||||||
13 | The certification shall indicate, where applicable, the | ||||||
14 | following:
| ||||||
15 | (1) The political party affiliation of the candidates | ||||||
16 | for the respective offices;
| ||||||
17 | (2) If there is to be more than one candidate elected | ||||||
18 | or nominated to an
office from the State, political | ||||||
19 | subdivision or district;
| ||||||
20 | (3) If the voter has the right to vote for more than | ||||||
21 | one candidate for an office;
| ||||||
22 | (4) The term of office, if a vacancy is to be filled | ||||||
23 | for less than a
full term or if the offices to be filled in | ||||||
24 | a political subdivision or
district are for different | ||||||
25 | terms.
| ||||||
26 | The local election official shall issue an amended |
| |||||||
| |||||||
1 | certification whenever
it is discovered that the original | ||||||
2 | certification is in error.
| ||||||
3 | (Source: P.A. 96-1008, eff. 7-6-10.)
| ||||||
4 | (10 ILCS 5/8-5) (from Ch. 46, par. 8-5)
| ||||||
5 | Sec. 8-5.
There shall be constituted one legislative | ||||||
6 | committee for each
political party in each legislative district | ||||||
7 | and one representative committee
for each political party in | ||||||
8 | each representative district. Legislative and
representative | ||||||
9 | committees shall be composed as follows:
| ||||||
10 | In legislative or representative districts within or | ||||||
11 | including a portion
of any county containing 2,000,000 or more | ||||||
12 | inhabitants, the legislative
or representative committee of a
| ||||||
13 | political party shall consist of the committeepersons | ||||||
14 | committeemen of such party
representing each township or ward | ||||||
15 | of such county any portion of which
township or ward is | ||||||
16 | included within such legislative or representative
district | ||||||
17 | and the chairperson
chairman of each county central committee | ||||||
18 | of such party of any county
containing less than 2,000,000 | ||||||
19 | inhabitants any portion of which county
is included within such | ||||||
20 | legislative or representative district.
| ||||||
21 | In the remainder of the State, the legislative or | ||||||
22 | representative committee
of a political
party shall consist of | ||||||
23 | the chairperson chairman of each county central committee of
| ||||||
24 | such party, any portion of which county is included within such
| ||||||
25 | legislative or representative district; but if a legislative or |
| |||||||
| |||||||
1 | representative
district comprises only one
county, or part of a | ||||||
2 | county, its legislative or representative committee
shall | ||||||
3 | consist of
the chairperson chairman of the county central | ||||||
4 | committee and 2 members of the county
central committee who | ||||||
5 | reside in the legislative or representative district,
as the | ||||||
6 | case may be, elected by the county central committee.
| ||||||
7 | Within 180 days after the primary of the even-numbered year | ||||||
8 | immediately
following the decennial redistricting required by | ||||||
9 | Section 3 of Article IV
of the Illinois Constitution of 1970, | ||||||
10 | the ward committeepersons committeemen , township | ||||||
11 | committeepersons
committeemen or chairmen of county central | ||||||
12 | committees within each of the
redistricted legislative and | ||||||
13 | representative districts shall meet and
proceed to organize by | ||||||
14 | electing from among their own number a chairperson chairman | ||||||
15 | and,
either from among their own number or otherwise, such | ||||||
16 | other officers as
they may deem necessary or expedient. The | ||||||
17 | ward committeepersons committeemen , township committeepersons
| ||||||
18 | committeemen or chairmen of county central committees shall | ||||||
19 | determine the
time and place (which shall be in the limits of | ||||||
20 | such district) of such
meeting. Immediately upon completion of | ||||||
21 | organization, the chairperson chairman shall
forward to the | ||||||
22 | State Board of Elections the names and addresses of the | ||||||
23 | chairperson
chairman and secretary of the committee. A vacancy | ||||||
24 | shall occur when a
member dies, resigns or ceases to reside in | ||||||
25 | the county, township or ward
which he represented.
| ||||||
26 | Within 180 days after the primary of each other |
| |||||||
| |||||||
1 | even-numbered year, each
legislative committee and | ||||||
2 | representative committee shall meet and proceed
to organize by | ||||||
3 | electing from among its own number a chairperson chairman , and | ||||||
4 | either
from its own number or otherwise, such other officers as | ||||||
5 | each committee
may deem necessary or expedient. Immediately | ||||||
6 | upon completion of
organization, the chairperson chairman | ||||||
7 | shall forward to the State Board of
Elections, the names and | ||||||
8 | addresses of the chairperson chairman and secretary of the
| ||||||
9 | committee. The outgoing chairperson chairman of such committee | ||||||
10 | shall notify the
members of the time and place (which shall be | ||||||
11 | in the limits of such
district) of such meeting. A vacancy | ||||||
12 | shall occur when a member dies,
resigns, or ceases to reside in | ||||||
13 | the county, township or ward, which he
represented.
| ||||||
14 | If any change is made in the boundaries of any precinct, | ||||||
15 | township or
ward, the committeeperson committeeman previously | ||||||
16 | elected therefrom shall continue to
serve, as if no boundary | ||||||
17 | change had occurred, for the purpose of acting
as a member of a | ||||||
18 | legislative or representative committee until his successor
is | ||||||
19 | elected or appointed.
| ||||||
20 | (Source: P.A. 84-352.)
| ||||||
21 | (10 ILCS 5/8-6) (from Ch. 46, par. 8-6)
| ||||||
22 | Sec. 8-6.
In legislative or representative districts | ||||||
23 | wholly contained
within counties having 2,000,000
or more | ||||||
24 | inhabitants each member of each legislative or representative
| ||||||
25 | committee shall in its
organization and proceedings be entitled |
| |||||||
| |||||||
1 | to
one vote for each ballot voted in that portion of his | ||||||
2 | township or ward in
the legislative or representative district | ||||||
3 | by the primary electors of
his party at the last
primary at | ||||||
4 | which members of the General Assembly were nominated. If a | ||||||
5 | portion
of the legislative or representative district is within | ||||||
6 | a county containing
2,000,000 or more inhabitants then each | ||||||
7 | legislative or representative
committee member shall be | ||||||
8 | entitled to vote as follows: (a) in the portion
of the district | ||||||
9 | lying within a county of 2,000,000 or more inhabitants,
each | ||||||
10 | committeeperson committeeman shall be entitled to one vote for | ||||||
11 | each ballot voted in
that portion of his township or ward in | ||||||
12 | the legislative or representative
district by primary electors | ||||||
13 | of his party at the last primary at which
township or ward | ||||||
14 | committeepersons committeemen were elected; (b) in the portion | ||||||
15 | of the
district lying outside a county of 2,000,000 or more | ||||||
16 | inhabitants, each chairperson
chairman of a county central | ||||||
17 | committee shall be entitled to one vote for
each ballot voted | ||||||
18 | in that portion of his county in the legislative or
| ||||||
19 | representative district by the primary electors of his party at | ||||||
20 | the last
primary at which members of the General Assembly were | ||||||
21 | nominated. In the
remainder of the State, each member shall be | ||||||
22 | entitled to cast one vote for
each ballot voted in that portion | ||||||
23 | of his county in the legislative or
representative district by | ||||||
24 | the primary electors of his party at the last
primary at which | ||||||
25 | members of the General Assembly were nominated. However,
in | ||||||
26 | counties under 2,000,000 population, if the legislative or
|
| |||||||
| |||||||
1 | representative district comprises only one county, or part of a | ||||||
2 | county,
each legislative or representative committee member | ||||||
3 | shall be entitled to cast one vote.
| ||||||
4 | (Source: P.A. 84-1308.)
| ||||||
5 | (10 ILCS 5/8-7) (from Ch. 46, par. 8-7)
| ||||||
6 | Sec. 8-7.
The various political party committees now in | ||||||
7 | existence are
hereby recognized and shall exercise the powers | ||||||
8 | and perform the duties
herein prescribed until | ||||||
9 | committeepersons committeemen are chosen, in accordance with | ||||||
10 | the
provisions of this article.
| ||||||
11 | (Source: Laws 1943, vol. 2, p. 1.)
| ||||||
12 | (10 ILCS 5/9-1.3) (from Ch. 46, par. 9-1.3)
| ||||||
13 | Sec. 9-1.3.
"Candidate" means any person who seeks | ||||||
14 | nomination for election,
election to or retention in public | ||||||
15 | office, or any person who seeks election
as ward or township | ||||||
16 | committeeperson committeeman in counties of 3,000,000 or more | ||||||
17 | population,
whether or not such person is elected. A person | ||||||
18 | seeks nomination for election,
election or retention if he (1) | ||||||
19 | takes the action necessary under the laws of
this State to | ||||||
20 | attempt to qualify for nomination for election, election to or
| ||||||
21 | retention in public office or election as ward or township | ||||||
22 | committeeperson committeeman in
counties of 3,000,000 or more | ||||||
23 | population, or (2) receives contributions or
makes | ||||||
24 | expenditures, or gives consent for any other person to receive
|
| |||||||
| |||||||
1 | contributions or make expenditures with a view to bringing | ||||||
2 | about his
nomination for election or election to or retention | ||||||
3 | in public
office, or his or her election as ward or township | ||||||
4 | committeeperson committeeman in counties
of 3,000,000 or more | ||||||
5 | population.
| ||||||
6 | (Source: P.A. 89-405, eff. 11-8-95.)
| ||||||
7 | (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| ||||||
8 | Sec. 9-1.8. Political committees. | ||||||
9 | (a) "Political committee" includes a candidate political | ||||||
10 | committee, a political party committee, a political action | ||||||
11 | committee, a ballot initiative committee, and an independent | ||||||
12 | expenditure committee. | ||||||
13 | (b) "Candidate political committee" means the candidate | ||||||
14 | himself or herself or any natural person, trust, partnership, | ||||||
15 | corporation, or other organization or group of persons | ||||||
16 | designated by the candidate that accepts contributions or makes | ||||||
17 | expenditures during any 12-month period in an aggregate amount | ||||||
18 | exceeding $5,000 on behalf of the candidate. | ||||||
19 | (c) "Political party committee" means the State central | ||||||
20 | committee of a political party, a county central committee of a | ||||||
21 | political party, a legislative caucus committee, or a committee | ||||||
22 | formed by a ward or township committeeperson committeeman of a | ||||||
23 | political party. For purposes of this Article, a "legislative | ||||||
24 | caucus committee" means a committee established for the purpose | ||||||
25 | of electing candidates to the General Assembly by the person |
| |||||||
| |||||||
1 | elected President of the Senate, Minority Leader of the Senate, | ||||||
2 | Speaker of the House of Representatives, Minority Leader of the | ||||||
3 | House of Representatives, or a committee established by 5 or | ||||||
4 | more members of the same caucus of the Senate or 10 or more | ||||||
5 | members of the same caucus of the House of Representatives. | ||||||
6 | (d) "Political action committee" means any natural person, | ||||||
7 | trust, partnership, committee, association, corporation, or | ||||||
8 | other organization or group of persons, other than a candidate, | ||||||
9 | political party, candidate political committee, or political | ||||||
10 | party committee, that accepts contributions or makes | ||||||
11 | expenditures during any 12-month period in an aggregate amount | ||||||
12 | exceeding $5,000 on behalf of or in opposition to a candidate | ||||||
13 | or candidates for public office. "Political action committee" | ||||||
14 | includes any natural person, trust, partnership, committee, | ||||||
15 | association, corporation, or other organization or group of | ||||||
16 | persons, other than a candidate, political party, candidate | ||||||
17 | political committee, or political party committee, that makes | ||||||
18 | electioneering communications during any 12-month period in an | ||||||
19 | aggregate amount exceeding $5,000 related to any candidate or | ||||||
20 | candidates for public office. | ||||||
21 | (e) "Ballot initiative committee" means any natural | ||||||
22 | person, trust, partnership, committee, association, | ||||||
23 | corporation, or other organization or group of persons that | ||||||
24 | accepts contributions or makes expenditures during any | ||||||
25 | 12-month period in an aggregate amount exceeding $5,000 in | ||||||
26 | support of or in opposition to any question of public policy to |
| |||||||
| |||||||
1 | be submitted to the electors. "Ballot initiative committee" | ||||||
2 | includes any natural person, trust, partnership, committee, | ||||||
3 | association, corporation, or other organization or group of | ||||||
4 | persons that makes electioneering communications during any | ||||||
5 | 12-month period in an aggregate amount exceeding $5,000 related | ||||||
6 | to any question of public policy to be submitted to the voters. | ||||||
7 | The $5,000 threshold applies to any contributions or | ||||||
8 | expenditures received or made with the purpose of securing a | ||||||
9 | place on the ballot for, advocating the defeat or passage of, | ||||||
10 | or engaging in electioneering communication regarding the | ||||||
11 | question of public policy, regardless of the method of | ||||||
12 | initiation of the question of public policy and regardless of | ||||||
13 | whether petitions have been circulated or filed with the | ||||||
14 | appropriate office or whether the question has been adopted and | ||||||
15 | certified by the governing body. | ||||||
16 | (f) "Independent expenditure committee" means any trust, | ||||||
17 | partnership, committee, association, corporation, or other | ||||||
18 | organization or group of persons formed for the exclusive
| ||||||
19 | purpose of making independent expenditures during any 12-month | ||||||
20 | period in an aggregate amount exceeding $5,000 in support of or | ||||||
21 | in opposition to (i) the nomination for election, election, | ||||||
22 | retention, or defeat of any public official or candidate or | ||||||
23 | (ii) any question of public policy to be submitted to the | ||||||
24 | electors. "Independent expenditure committee" also includes | ||||||
25 | any trust, partnership, committee, association, corporation, | ||||||
26 | or other organization or group of persons that makes |
| |||||||
| |||||||
1 | electioneering communications that are not made in connection, | ||||||
2 | consultation, or concert with or at the request or suggestion | ||||||
3 | of a public official or candidate, a public official's or | ||||||
4 | candidate's designated political committee or campaign, or an | ||||||
5 | agent or agents of the public official, candidate, or political | ||||||
6 | committee or campaign during any 12-month period in an | ||||||
7 | aggregate amount exceeding $5,000 related to (i) the nomination | ||||||
8 | for election, election, retention, or defeat of any public | ||||||
9 | official or candidate or (ii) any question of public policy to | ||||||
10 | be submitted to the voters.
| ||||||
11 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
| ||||||
12 | (10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
| ||||||
13 | Sec. 9-2. Political committee designations. | ||||||
14 | (a) Every political committee shall be designated as a (i) | ||||||
15 | candidate political committee, (ii) political party committee, | ||||||
16 | (iii) political action committee, (iv) ballot initiative | ||||||
17 | committee, or (v) independent expenditure committee. | ||||||
18 | (b) Beginning January 1, 2011, no public official or | ||||||
19 | candidate for public office may maintain or establish more than | ||||||
20 | one candidate political committee for each office that public | ||||||
21 | official or candidate holds or is seeking. The name of each | ||||||
22 | candidate political committee shall identify the name of the | ||||||
23 | public official or candidate supported by the candidate | ||||||
24 | political committee. If a candidate establishes separate | ||||||
25 | candidate political committees for each public office, the name |
| |||||||
| |||||||
1 | of each candidate political committee shall also include the | ||||||
2 | public office to which the candidate seeks nomination for | ||||||
3 | election, election, or retention. If a candidate establishes | ||||||
4 | one candidate political committee for multiple offices elected | ||||||
5 | at different elections, then the candidate shall designate an | ||||||
6 | election cycle, as defined in Section 9-1.9, for purposes of | ||||||
7 | contribution limitations and reporting requirements set forth | ||||||
8 | in this Article.
No political committee, other than a candidate | ||||||
9 | political committee, may include the name of a candidate in its | ||||||
10 | name. | ||||||
11 | (c) Beginning January 1, 2011, no State central committee | ||||||
12 | of a political party, county central committee of a political | ||||||
13 | party, committee formed by a ward or township committeeperson | ||||||
14 | committeeman , or committee established for the purpose of | ||||||
15 | electing candidates to the General Assembly may maintain or | ||||||
16 | establish more than one political party committee. The name of | ||||||
17 | the committee must include the name of the political party. | ||||||
18 | (d) Beginning January 1, 2011, no natural person, trust, | ||||||
19 | partnership, committee, association, corporation, or other | ||||||
20 | organization or group of persons forming a political action | ||||||
21 | committee shall maintain or establish more than one political | ||||||
22 | action committee. The name of a political action committee must | ||||||
23 | include the name of the entity forming the committee. This | ||||||
24 | subsection does not apply to independent expenditure | ||||||
25 | committees. | ||||||
26 | (e) Beginning January 1, 2011, the name of a ballot |
| |||||||
| |||||||
1 | initiative committee must include words describing the | ||||||
2 | question of public policy and whether the group supports or | ||||||
3 | opposes the question. | ||||||
4 | (f) Every political committee shall designate a | ||||||
5 | chairperson chairman
and a treasurer. The same person may serve | ||||||
6 | as both chairperson chairman and
treasurer of any political | ||||||
7 | committee.
A candidate who administers his own campaign | ||||||
8 | contributions and
expenditures shall be deemed a political | ||||||
9 | committee for purposes of this
Article and shall designate | ||||||
10 | himself as chairperson chairman , treasurer, or both | ||||||
11 | chairperson
chairman and treasurer of such political | ||||||
12 | committee. The treasurer of a
political committee shall be | ||||||
13 | responsible for keeping the records and
filing the statements | ||||||
14 | and reports required by this Article.
| ||||||
15 | (g) No contribution and no expenditure shall be accepted or | ||||||
16 | made by or on
behalf of a political committee at a time when | ||||||
17 | there is a vacancy in the
office of chairperson chairman or | ||||||
18 | treasurer thereof. No expenditure shall be made
for or on | ||||||
19 | behalf of a political committee without the authorization of
| ||||||
20 | its chairperson chairman or treasurer, or their designated | ||||||
21 | agents.
| ||||||
22 | (h) For purposes of implementing the changes made by this | ||||||
23 | amendatory Act of the 96th General Assembly, every political | ||||||
24 | committee in existence on the effective date of this amendatory | ||||||
25 | Act of the 96th General Assembly shall make the designation | ||||||
26 | required by this Section by December 31, 2010. |
| |||||||
| |||||||
1 | (Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
| ||||||
2 | (10 ILCS 5/9-8.10)
| ||||||
3 | Sec. 9-8.10. Use of political committee and other reporting | ||||||
4 | organization
funds.
| ||||||
5 | (a) A political committee shall
not
make
expenditures:
| ||||||
6 | (1) In violation of any law of the United States or of | ||||||
7 | this State.
| ||||||
8 | (2) Clearly in excess of the fair market value of the | ||||||
9 | services,
materials, facilities,
or other things of value | ||||||
10 | received in exchange.
| ||||||
11 | (3) For satisfaction or repayment of any debts other | ||||||
12 | than loans made to
the
committee or to the public official | ||||||
13 | or candidate on behalf of the committee or
repayment of | ||||||
14 | goods
and services purchased by the committee under a | ||||||
15 | credit
agreement. Nothing in this Section authorizes the | ||||||
16 | use of campaign funds to
repay personal loans. The | ||||||
17 | repayments shall be made by check written to the
person who | ||||||
18 | made the loan or credit agreement. The terms and conditions | ||||||
19 | of any
loan or credit agreement to a
committee shall be set | ||||||
20 | forth in a written agreement, including but not limited
to | ||||||
21 | the
method and
amount of repayment, that shall be executed | ||||||
22 | by the chairperson chairman or treasurer of the
committee | ||||||
23 | at the time of the loan or credit agreement. The loan or | ||||||
24 | agreement
shall also
set forth the rate of interest for the | ||||||
25 | loan, if any, which may not
substantially exceed the
|
| |||||||
| |||||||
1 | prevailing market interest rate at the time the agreement | ||||||
2 | is executed.
| ||||||
3 | (4) For the satisfaction or repayment of any debts or | ||||||
4 | for the payment of
any expenses relating to a personal | ||||||
5 | residence.
Campaign funds may not be used as collateral for | ||||||
6 | home mortgages.
| ||||||
7 | (5) For clothing or personal laundry expenses, except | ||||||
8 | clothing items
rented by
the public official or candidate
| ||||||
9 | for his or her own use exclusively for a specific | ||||||
10 | campaign-related event,
provided that
committees may | ||||||
11 | purchase costumes, novelty items, or other accessories | ||||||
12 | worn
primarily to
advertise the candidacy.
| ||||||
13 | (6) For the travel expenses of
any person unless the | ||||||
14 | travel is necessary for fulfillment of political,
| ||||||
15 | governmental, or public policy duties, activities, or | ||||||
16 | purposes.
| ||||||
17 | (7) For membership or club dues charged by | ||||||
18 | organizations, clubs, or
facilities that
are primarily | ||||||
19 | engaged in providing health, exercise, or recreational | ||||||
20 | services;
provided,
however, that funds received under | ||||||
21 | this Article may be used to rent the clubs
or facilities
| ||||||
22 | for a specific campaign-related event.
| ||||||
23 | (8) In payment for anything of value or for | ||||||
24 | reimbursement of any
expenditure for
which any person has | ||||||
25 | been reimbursed by the State or any person.
For purposes of | ||||||
26 | this item (8), a per diem allowance is not a reimbursement.
|
| |||||||
| |||||||
1 | (9) For the purchase of or installment payment for a | ||||||
2 | motor vehicle unless
the political committee can | ||||||
3 | demonstrate that purchase of a motor vehicle is
more | ||||||
4 | cost-effective than leasing a motor vehicle as permitted | ||||||
5 | under this item
(9). A political committee may lease or | ||||||
6 | purchase and insure, maintain, and
repair a motor vehicle | ||||||
7 | if the vehicle will be used primarily for campaign
purposes | ||||||
8 | or
for the performance of governmental duties. A committee
| ||||||
9 | shall not make expenditures for use of the vehicle for | ||||||
10 | non-campaign or
non-governmental purposes. Persons using | ||||||
11 | vehicles not purchased or leased by a
political committee | ||||||
12 | may be reimbursed for actual mileage for the use of the
| ||||||
13 | vehicle for campaign purposes or for the performance of | ||||||
14 | governmental duties.
The mileage reimbursements shall be | ||||||
15 | made at a rate not to exceed the standard
mileage rate | ||||||
16 | method for computation of business expenses under the | ||||||
17 | Internal
Revenue Code.
| ||||||
18 | (10) Directly for an individual's tuition or other | ||||||
19 | educational expenses,
except for governmental or political | ||||||
20 | purposes directly related to a candidate's
or public | ||||||
21 | official's duties and responsibilities.
| ||||||
22 | (11) For payments to a public official or candidate or | ||||||
23 | his or her
family member unless
for compensation for | ||||||
24 | services actually rendered by that person.
The provisions | ||||||
25 | of this item (11) do not apply to expenditures by a
| ||||||
26 | political committee in an aggregate
amount not exceeding |
| |||||||
| |||||||
1 | the amount of funds reported to and certified by the State
| ||||||
2 | Board or county clerk as available as of June 30, 1998, in | ||||||
3 | the semi-annual
report of
contributions and expenditures | ||||||
4 | filed by the
political committee for the period concluding | ||||||
5 | June 30, 1998.
| ||||||
6 | (b) The Board shall have the authority to investigate, upon
| ||||||
7 | receipt of a verified complaint, violations of the provisions | ||||||
8 | of this Section.
The Board may levy a fine
on any person who | ||||||
9 | knowingly makes expenditures in violation of this Section and
| ||||||
10 | on any person who knowingly makes a malicious and false | ||||||
11 | accusation of a
violation of this Section.
The Board may act | ||||||
12 | under this subsection only upon the affirmative vote of at
| ||||||
13 | least 5 of its members. The fine shall not
exceed $500 for each | ||||||
14 | expenditure of $500 or less and shall not exceed the
amount of | ||||||
15 | the
expenditure plus $500 for each expenditure greater than | ||||||
16 | $500. The Board shall
also
have the authority
to render rulings | ||||||
17 | and issue opinions relating to compliance with this
Section.
| ||||||
18 | (c) Nothing in this Section prohibits the expenditure of | ||||||
19 | funds of a
political
committee controlled by an officeholder or | ||||||
20 | by a candidate to defray the customary and reasonable expenses | ||||||
21 | of an
officeholder in
connection with the performance of | ||||||
22 | governmental and public service functions.
| ||||||
23 | (d) Nothing in this Section prohibits the funds of a | ||||||
24 | political committee which is controlled by a person convicted | ||||||
25 | of a violation of any of the offenses listed in subsection (a) | ||||||
26 | of Section 10 of the Public Corruption Profit Forfeiture Act |
| |||||||
| |||||||
1 | from being forfeited to the State under Section 15 of the | ||||||
2 | Public Corruption Profit Forfeiture Act. | ||||||
3 | (Source: P.A. 96-1019, eff. 1-1-11.)
| ||||||
4 | (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
| ||||||
5 | Sec. 9-11. Financial reports. | ||||||
6 | (a) Each quarterly report of campaign contributions, | ||||||
7 | expenditures, and independent expenditures under Section 9-10 | ||||||
8 | shall disclose the following: | ||||||
9 | (1) the name and address of the political committee; | ||||||
10 | (2) the name and address of the person submitting the | ||||||
11 | report on behalf of the committee, if other than the | ||||||
12 | chairperson chairman or treasurer; | ||||||
13 | (3) the amount of funds on hand at the beginning of the | ||||||
14 | reporting period; | ||||||
15 | (4) the full name and mailing address of each person | ||||||
16 | who has made one or more contributions to or for the | ||||||
17 | committee within the reporting period in an aggregate | ||||||
18 | amount or value in excess of $150, together with the | ||||||
19 | amounts and dates of those contributions, and, if the | ||||||
20 | contributor is an individual who contributed more than | ||||||
21 | $500, the occupation and employer of the contributor or, if | ||||||
22 | the occupation and employer of the contributor are unknown, | ||||||
23 | a statement that the committee has made a good faith effort | ||||||
24 | to ascertain this information; | ||||||
25 | (5) the total sum of individual contributions made to |
| |||||||
| |||||||
1 | or for the committee during the reporting period and not | ||||||
2 | reported under item (4); | ||||||
3 | (6) the name and address of each political committee | ||||||
4 | from which the reporting committee received, or to which | ||||||
5 | that committee made, any transfer of funds in the aggregate | ||||||
6 | amount or value in excess of $150, together with the | ||||||
7 | amounts and dates of all transfers; | ||||||
8 | (7) the total sum of transfers made to or from the | ||||||
9 | committee during the reporting period and not reported | ||||||
10 | under item (6); | ||||||
11 | (8) each loan to or from any person, political | ||||||
12 | committee, or financial institution within the reporting | ||||||
13 | period by or to the committee in an aggregate amount or | ||||||
14 | value in excess of $150, together with the full names and | ||||||
15 | mailing addresses of the lender and endorsers, if any; the | ||||||
16 | dates and amounts of the loans; and, if a lender or | ||||||
17 | endorser is an individual who loaned or endorsed a loan of | ||||||
18 | more than $500, the occupation and employer of that | ||||||
19 | individual or, if the occupation and employer of the | ||||||
20 | individual are unknown, a statement that the committee has | ||||||
21 | made a good faith effort to ascertain this information; | ||||||
22 | (9) the total amount of proceeds received by the | ||||||
23 | committee from (i) the sale of tickets for each dinner, | ||||||
24 | luncheon, cocktail party, rally, and other fund-raising | ||||||
25 | events; (ii) mass collections made at those events; and | ||||||
26 | (iii) sales of items such as political campaign pins, |
| |||||||
| |||||||
1 | buttons, badges, flags, emblems, hats, banners, | ||||||
2 | literature, and similar materials; | ||||||
3 | (10) each contribution, rebate, refund, income from | ||||||
4 | investments, or other receipt in excess of $150 received by | ||||||
5 | the committee not otherwise listed under items (4) through | ||||||
6 | (9) and, if the contributor is an individual who | ||||||
7 | contributed more than $500, the occupation and employer of | ||||||
8 | the contributor or, if the occupation and employer of the | ||||||
9 | contributor are unknown, a statement that the committee has | ||||||
10 | made a good faith effort to ascertain this information; | ||||||
11 | (11) the total sum of all receipts by or for the | ||||||
12 | committee or candidate during the reporting period; | ||||||
13 | (12) the full name and mailing address of each person | ||||||
14 | to whom expenditures have been made by the committee or | ||||||
15 | candidate within the reporting period in an aggregate | ||||||
16 | amount or value in excess of $150; the amount, date, and | ||||||
17 | purpose of each of those expenditures; and the question of | ||||||
18 | public policy or the name and address of, and the office | ||||||
19 | sought by, each candidate on whose behalf that expenditure | ||||||
20 | was made; | ||||||
21 | (13) the full name and mailing address of each person | ||||||
22 | to whom an expenditure for personal services, salaries, and | ||||||
23 | reimbursed expenses in excess of $150 has been made and | ||||||
24 | that is not otherwise reported, including the amount, date, | ||||||
25 | and purpose of the expenditure; | ||||||
26 | (14) the value of each asset held as an investment, as |
| |||||||
| |||||||
1 | of the final day of the reporting period; | ||||||
2 | (15) the total sum of expenditures made by the | ||||||
3 | committee during the reporting period; and | ||||||
4 | (16) the full name and mailing address of each person | ||||||
5 | to whom the committee owes debts or obligations in excess | ||||||
6 | of $150 and the amount of those debts or obligations. | ||||||
7 | For purposes of reporting campaign receipts and expenses, | ||||||
8 | income from investments shall be included as receipts during | ||||||
9 | the reporting period they are actually received. The gross | ||||||
10 | purchase price of each investment shall be reported as an | ||||||
11 | expenditure at time of purchase. Net proceeds from the sale of | ||||||
12 | an investment shall be reported as a receipt. During the period | ||||||
13 | investments are held they shall be identified by name and | ||||||
14 | quantity of security or instrument on each semi-annual report | ||||||
15 | during the period. | ||||||
16 | (b) Each report of a campaign contribution of $1,000 or | ||||||
17 | more required under subsection (c) of Section 9-10
shall | ||||||
18 | disclose the following:
| ||||||
19 | (1) the name and address of the political committee;
| ||||||
20 | (2) the name and address of the person submitting the | ||||||
21 | report on behalf of the committee, if other than the | ||||||
22 | chairperson chairman or treasurer; and
| ||||||
23 | (3) the full name and mailing address of each person | ||||||
24 | who has made a contribution of $1,000 or more.
| ||||||
25 | (c) Each quarterly report shall include the following | ||||||
26 | information regarding any independent expenditures made during |
| |||||||
| |||||||
1 | the reporting period: (1) the full name and mailing address of | ||||||
2 | each person to whom an expenditure in excess of $150 has been | ||||||
3 | made in connection with an independent expenditure; (2) the | ||||||
4 | amount, date, and purpose of such expenditure; (3) a statement | ||||||
5 | whether the independent expenditure was in support of or in | ||||||
6 | opposition to a particular candidate; (4) the name of the | ||||||
7 | candidate;
(5) the office and, when applicable, district, | ||||||
8 | sought by the candidate; and (6) a certification, under penalty | ||||||
9 | of perjury, that such expenditure was not made in cooperation, | ||||||
10 | consultation, or concert with, or at the request or suggestion | ||||||
11 | of, any candidate or any authorized committee or agent of such | ||||||
12 | committee. The report shall also include (I) the total of all | ||||||
13 | independent expenditures of $150 or less made during the | ||||||
14 | reporting period and (II) the total amount of all independent | ||||||
15 | expenditures made during the reporting period. | ||||||
16 | (d) The Board shall by rule define a "good faith effort".
| ||||||
17 | The reports of campaign contributions filed under this | ||||||
18 | Article shall be
cumulative during the reporting period to | ||||||
19 | which they relate.
| ||||||
20 | (e) Each report shall be verified, dated, and signed by | ||||||
21 | either the treasurer of the political committee or the | ||||||
22 | candidate on whose behalf the report is filed and shall contain | ||||||
23 | the following verification: | ||||||
24 | "I declare that this report (including any accompanying | ||||||
25 | schedules and statements) has been examined by me and, to the | ||||||
26 | best of my knowledge and belief, is a true, correct, and |
| |||||||
| |||||||
1 | complete report as required by Article 9 of the Election Code. | ||||||
2 | I understand that willfully filing a false or incomplete | ||||||
3 | statement is subject to a civil penalty of up to $5,000.". | ||||||
4 | (f) A political committee may amend a report filed under | ||||||
5 | subsection (a) or (b). The Board may reduce or waive a fine if | ||||||
6 | the amendment is due to a technical or inadvertent error and | ||||||
7 | the political committee files the amended report, except that a | ||||||
8 | report filed under subsection (b) must be amended within 5 | ||||||
9 | business days. The State Board shall ensure that a description | ||||||
10 | of the amended information is available to the public. The | ||||||
11 | Board may promulgate rules to enforce this subsection. | ||||||
12 | (Source: P.A. 96-832, eff. 1-1-11 .)
| ||||||
13 | (10 ILCS 5/9-15) (from Ch. 46, par. 9-15) | ||||||
14 | Sec. 9-15. It shall be the duty of the Board- | ||||||
15 | (1) to develop prescribed forms for filing statements | ||||||
16 | of organization and required reports; | ||||||
17 | (2) to prepare, publish, and furnish to the appropriate | ||||||
18 | persons a manual of instructions setting forth recommended
| ||||||
19 | uniform methods of bookkeeping and reporting under this | ||||||
20 | Article; | ||||||
21 | (3) to prescribe suitable rules and regulations to | ||||||
22 | carry out the
provisions of this Article. Such rules and | ||||||
23 | regulations shall be published
and made available to the | ||||||
24 | public; | ||||||
25 | (4) to send by first class mail, after the general |
| |||||||
| |||||||
1 | primary election in
even numbered years, to the chairperson | ||||||
2 | chairman of each regularly constituted
State central | ||||||
3 | committee, county central committee and, in counties with a
| ||||||
4 | population of more than 3,000,000, to the committeepersons | ||||||
5 | committeemen of each township and
ward organization of each | ||||||
6 | political party notice of their obligations under
this | ||||||
7 | Article, along with a form for filing the statement of | ||||||
8 | organization; | ||||||
9 | (5) to promptly make all reports and statements filed | ||||||
10 | under this Article available for public inspection and | ||||||
11 | copying no later than 2 business days after their receipt | ||||||
12 | and to permit copying of any such report or statement at | ||||||
13 | the expense of the person requesting the copy; | ||||||
14 | (6) to develop a filing, coding, and cross-indexing | ||||||
15 | system consistent with the purposes of this Article; | ||||||
16 | (7) to compile and maintain a list of all statements or | ||||||
17 | parts of statements pertaining to each candidate; | ||||||
18 | (8) to prepare and publish such reports as the Board | ||||||
19 | may deem appropriate; | ||||||
20 | (9) to annually notify each political committee that | ||||||
21 | has filed a statement of organization with the Board of the | ||||||
22 | filing dates for each quarterly report, provided that such | ||||||
23 | notification shall be made by first-class mail unless the | ||||||
24 | political committee opts to receive notification | ||||||
25 | electronically via email; and | ||||||
26 | (10) to promptly send, by first class mail directed |
| |||||||
| |||||||
1 | only to the officers of a political committee, and by | ||||||
2 | certified mail to the address of the political committee, | ||||||
3 | written notice of any fine or penalty assessed or imposed | ||||||
4 | against the political committee under this Article. | ||||||
5 | (Source: P.A. 96-1263, eff. 1-1-11; 97-766, eff. 7-6-12.)
| ||||||
6 | (10 ILCS 5/9-20) (from Ch. 46, par. 9-20)
| ||||||
7 | Sec. 9-20.
Any person who believes a violation of this | ||||||
8 | Article has occurred may
file a verified complaint with the | ||||||
9 | Board. Such verified complaint shall be
directed to a candidate | ||||||
10 | or the chairperson chairman or treasurer of a political
| ||||||
11 | committee, and shall be subject to the following requirements:
| ||||||
12 | (1) The complaint shall be in writing.
| ||||||
13 | (2) The complaint shall state the name of the candidate or | ||||||
14 | chairperson chairman or
treasurer of a political committee | ||||||
15 | against whom the complaint is directed.
| ||||||
16 | (3) The complaint shall state the statutory provisions | ||||||
17 | which are alleged
to have been violated.
| ||||||
18 | (4) The complaint shall state the time, place, and nature | ||||||
19 | of the alleged
offense.
| ||||||
20 | The complaint shall be verified, dated, and signed by the | ||||||
21 | person filing
the complaint in substantially the following | ||||||
22 | manner:
VERIFICATION:
| ||||||
23 | "I declare that this complaint (including any accompanying | ||||||
24 | schedules and
statements) has been examined by me and to the | ||||||
25 | best of my knowledge and
belief is a true and correct complaint |
| |||||||
| |||||||
1 | as required by Article 9 of The
Election Code. I understand | ||||||
2 | that the penalty for willfully filing a false
complaint shall | ||||||
3 | be a fine not to exceed $500 or imprisonment in a penal
| ||||||
4 | institution other than the penitentiary not to exceed 6 months, | ||||||
5 | or both
fine and imprisonment."
| ||||||
6 | .............................................................
| ||||||
7 | (date of filing)
| ||||||
8 | (signature of person filing the complaint)
| ||||||
9 | (Source: P.A. 78-1183 .)
| ||||||
10 | (10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
| ||||||
11 | Sec. 10-2.
The term "political party", as hereinafter used | ||||||
12 | in this
Article 10, shall mean any "established political | ||||||
13 | party", as hereinafter
defined and shall also mean any | ||||||
14 | political group which shall hereafter
undertake to form an | ||||||
15 | established political party in the manner provided
for in this | ||||||
16 | Article 10: Provided, that no political organization or
group | ||||||
17 | shall be qualified as a political party hereunder, or given a
| ||||||
18 | place on a ballot, which organization or group is associated, | ||||||
19 | directly
or indirectly, with Communist, Fascist, Nazi or other | ||||||
20 | un-American
principles and engages in activities or propaganda | ||||||
21 | designed to teach
subservience to the political principles and | ||||||
22 | ideals of foreign nations
or the overthrow by violence of the | ||||||
23 | established constitutional form of
government of the United | ||||||
24 | States and the State of Illinois.
| ||||||
25 | A political party which, at the last general election for |
| |||||||
| |||||||
1 | State and
county officers, polled for its candidate for | ||||||
2 | Governor more than 5% of
the entire vote cast for Governor, is | ||||||
3 | hereby declared to be an
"established political party" as to | ||||||
4 | the State and as to any district or
political subdivision | ||||||
5 | thereof.
| ||||||
6 | A political party which, at the last election in any | ||||||
7 | congressional
district, legislative district, county, | ||||||
8 | township, municipality or other
political subdivision or | ||||||
9 | district in the State, polled more than 5% of
the entire vote | ||||||
10 | cast within such territorial area or political
subdivision, as | ||||||
11 | the case may be, has voted as a unit for the election of
| ||||||
12 | officers to serve the respective territorial area of such | ||||||
13 | district or
political subdivision, is hereby declared to be an | ||||||
14 | "established
political party" within the meaning of this | ||||||
15 | Article as to such district
or political subdivision.
| ||||||
16 | Any group of persons hereafter desiring to form a new | ||||||
17 | political party
throughout the State, or in any congressional, | ||||||
18 | legislative or judicial
district, or in any other district or | ||||||
19 | in any political subdivision
(other than a municipality) not | ||||||
20 | entirely within a single county, shall
file with the State | ||||||
21 | Board of Elections a petition, as hereinafter
provided; and any | ||||||
22 | such group of persons hereafter desiring to form a new
| ||||||
23 | political party within any county shall file such petition with | ||||||
24 | the
county clerk; and any such group of persons hereafter | ||||||
25 | desiring to form a
new political party within any municipality | ||||||
26 | or township or within any
district of a unit of local |
| |||||||
| |||||||
1 | government other than a county shall file
such petition with | ||||||
2 | the local election official or Board of Election
Commissioners | ||||||
3 | of such municipality, township or other unit of local
| ||||||
4 | government, as the case may be. Any such petition for the | ||||||
5 | formation of a
new political party throughout the State, or in | ||||||
6 | any such district or
political subdivision, as the case may be, | ||||||
7 | shall declare as concisely as
may be the intention of the | ||||||
8 | signers thereof to form such new political
party in the State, | ||||||
9 | or in such district or political subdivision; shall
state in | ||||||
10 | not more than 5 words the name of such new political party;
| ||||||
11 | shall at the time of filing contain a complete list of | ||||||
12 | candidates of
such party for all offices to be filled in the | ||||||
13 | State, or such district
or political subdivision as the case | ||||||
14 | may be, at the next ensuing
election then to be held; and, if | ||||||
15 | such new political party shall be
formed for the entire State, | ||||||
16 | shall be signed by 1% of the number of voters
who voted at the | ||||||
17 | next preceding Statewide general election or 25,000
qualified | ||||||
18 | voters, whichever is less. If such new political party shall be
| ||||||
19 | formed for any district
or political subdivision less than the | ||||||
20 | entire State, such petition shall
be signed by qualified voters | ||||||
21 | equaling in number not less than 5% of the
number of voters who | ||||||
22 | voted at the next preceding regular election in
such district | ||||||
23 | or political subdivision in which such district or
political | ||||||
24 | subdivision voted as a unit for the election of officers to
| ||||||
25 | serve its respective territorial area. However, whenever the | ||||||
26 | minimum signature
requirement for a district or political |
| |||||||
| |||||||
1 | subdivision new political
party petition shall exceed the | ||||||
2 | minimum number of signatures for State-wide
new political party | ||||||
3 | petitions at the next preceding State-wide general
election, | ||||||
4 | such State-wide petition signature requirement shall be the
| ||||||
5 | minimum for such district or political subdivision new | ||||||
6 | political party petition.
| ||||||
7 | For the first election following a redistricting of | ||||||
8 | congressional districts,
a petition to form a new political | ||||||
9 | party in a congressional district shall
be signed by at least | ||||||
10 | 5,000 qualified voters of the congressional district.
For the | ||||||
11 | first election following a redistricting of legislative | ||||||
12 | districts,
a petition to form a new political party in a | ||||||
13 | legislative district shall
be signed by at least 3,000 | ||||||
14 | qualified voters of the legislative district.
For the first | ||||||
15 | election following a redistricting of representative
| ||||||
16 | districts, a petition to form a new political party in a | ||||||
17 | representative
district shall be signed by at least 1,500 | ||||||
18 | qualified voters of the
representative district.
| ||||||
19 | For the first election following redistricting of county | ||||||
20 | board districts,
or of municipal wards or districts, or for the | ||||||
21 | first election following
the initial establishment of such | ||||||
22 | districts or wards in a county or
municipality, a petition to | ||||||
23 | form a new political party in a county board
district or in a | ||||||
24 | municipal ward or district shall be signed by qualified
voters | ||||||
25 | of the district or ward equal to not less than 5% of the total
| ||||||
26 | number of votes cast at the preceding general or municipal |
| |||||||
| |||||||
1 | election, as the
case may be, for the county or municipal | ||||||
2 | office voted on throughout the
county or municipality for which | ||||||
3 | the greatest total number of votes were
cast for all | ||||||
4 | candidates, divided by the number of districts or wards, but
in | ||||||
5 | any event not less than 25 qualified voters of the district or | ||||||
6 | ward.
| ||||||
7 | In the case of a petition to form a new political party | ||||||
8 | within a political
subdivision in which officers are to be | ||||||
9 | elected from
districts and at-large, such petition shall | ||||||
10 | consist
of separate components for each district from which an | ||||||
11 | officer
is to be elected. Each component shall be circulated | ||||||
12 | only within a
district of the political subdivision and signed | ||||||
13 | only by qualified electors
who are residents of such district. | ||||||
14 | Each sheet of such petition must
contain a complete list of the | ||||||
15 | names of the candidates of the party for all
offices to be | ||||||
16 | filled in the political subdivision at large, but the sheets
| ||||||
17 | comprising each component shall also contain the names of those | ||||||
18 | candidates
to be elected from the particular district. Each | ||||||
19 | component of the petition
for each district from which an | ||||||
20 | officer is to be elected must be signed by
qualified voters of | ||||||
21 | the district equalling in number not less than 5% of
the number | ||||||
22 | of voters who voted at the next preceding regular election in
| ||||||
23 | such district at which an officer was elected to serve the | ||||||
24 | district. The
entire petition, including all components, must | ||||||
25 | be signed by a total of
qualified voters of the entire | ||||||
26 | political subdivision equalling in number
not less than 5% of |
| |||||||
| |||||||
1 | the number of voters who voted at the next preceding
regular | ||||||
2 | election in such political subdivision at which an officer was
| ||||||
3 | elected to serve the political subdivision at large.
| ||||||
4 | The filing of such petition shall constitute the political | ||||||
5 | group a
new political party, for the purpose only of placing | ||||||
6 | upon the ballot at
such next ensuing election such list or an | ||||||
7 | adjusted list in accordance
with Section 10-11, of party | ||||||
8 | candidates for offices to be voted for
throughout the State, or | ||||||
9 | for offices to be voted for in such district or
political | ||||||
10 | subdivision less than the State, as the case may be, under the
| ||||||
11 | name of and as the candidates of such new political party.
| ||||||
12 | If, at such ensuing election, the new political party's | ||||||
13 | candidate for
Governor shall receive more than 5% of the entire | ||||||
14 | votes cast for
Governor, then such new political party shall | ||||||
15 | become an "established
political party" as to the State and as | ||||||
16 | to every district or political
subdivision thereof. If, at such | ||||||
17 | ensuing election, the other candidates
of the new political | ||||||
18 | party, or any other candidate or candidates of the
new | ||||||
19 | political party shall receive more than 5% of all the votes | ||||||
20 | cast for
the office or offices for which they were candidates | ||||||
21 | at such election,
in the State, or in any district or political | ||||||
22 | subdivision, as the case
may be, then and in that event, such | ||||||
23 | new political party shall become an
"established political | ||||||
24 | party" within the State or within such district
or political | ||||||
25 | subdivision less than the State, as the case may be, in
which | ||||||
26 | such candidate or candidates received more than 5% of the votes
|
| |||||||
| |||||||
1 | cast for the office or offices for which they were candidates. | ||||||
2 | It shall
thereafter nominate its candidates for public offices | ||||||
3 | to be filled in
the State, or such district or political | ||||||
4 | subdivision, as the case may
be, under the provisions of the | ||||||
5 | laws regulating the nomination of
candidates of established | ||||||
6 | political parties at primary elections and
political party | ||||||
7 | conventions, as now or hereafter in force.
| ||||||
8 | A political party which continues to receive for its | ||||||
9 | candidate for
Governor more than 5% of the entire vote cast for | ||||||
10 | Governor, shall remain
an "established political party" as to | ||||||
11 | the State and as to every
district or political subdivision | ||||||
12 | thereof. But if the political party's
candidate for Governor | ||||||
13 | fails to receive more than 5% of the entire vote
cast for | ||||||
14 | Governor, or if the political party does not nominate a
| ||||||
15 | candidate for Governor, the political party shall remain an | ||||||
16 | "established
political party" within the State or within such | ||||||
17 | district or political
subdivision less than the State, as the | ||||||
18 | case may be, only so long as,
and only in those districts or | ||||||
19 | political subdivisions in which, the
candidates of that | ||||||
20 | political party, or any candidate or candidates of
that | ||||||
21 | political party, continue to receive more than 5% of all the | ||||||
22 | votes
cast for the office or offices for which they were | ||||||
23 | candidates at
succeeding general or consolidated elections | ||||||
24 | within the State or within
any district or political | ||||||
25 | subdivision, as the case may be.
| ||||||
26 | Any such petition shall be filed at the same time and shall |
| |||||||
| |||||||
1 | be
subject to the same requirements and to the same provisions | ||||||
2 | in respect
to objections thereto and to any hearing or hearings | ||||||
3 | upon such
objections that are hereinafter in this Article 10 | ||||||
4 | contained in regard
to the nomination of any other candidate or | ||||||
5 | candidates by petition. If
any such new political party shall | ||||||
6 | become an "established political
party" in the manner herein | ||||||
7 | provided, the candidate or candidates of
such new political | ||||||
8 | party nominated by the petition hereinabove referred
to for | ||||||
9 | such initial election, shall have power to select any such | ||||||
10 | party committeeperson
committeeman or committeepersons | ||||||
11 | committeemen as shall be necessary for the creation of a
| ||||||
12 | provisional party organization and provisional managing | ||||||
13 | committee or
committees for such party within the State, or in | ||||||
14 | any district or
political subdivision in which the new | ||||||
15 | political party has become
established; and the party | ||||||
16 | committeeperson committeeman or committeepersons committeemen | ||||||
17 | so selected
shall constitute a provisional party organization | ||||||
18 | for the new political
party and shall have and exercise the | ||||||
19 | powers conferred by law upon any
party committeeperson | ||||||
20 | committeeman or committeepersons committeemen to manage and | ||||||
21 | control the affairs of
such new political party until the next | ||||||
22 | ensuing primary election at
which the new political party shall | ||||||
23 | be entitled to nominate and elect
any party committeeperson | ||||||
24 | committeeman or committeepersons committeemen in the State, or | ||||||
25 | in such district
or political subdivision under any parts of | ||||||
26 | this Act relating to the
organization of political parties.
|
| |||||||
| |||||||
1 | A candidate for whom a nomination paper has been filed as a | ||||||
2 | partisan
candidate at a primary election, and who is defeated | ||||||
3 | for his or her
nomination at the primary election, is | ||||||
4 | ineligible for nomination as a
candidate of a new political | ||||||
5 | party for election in that general election.
| ||||||
6 | (Source: P.A. 86-875.)
| ||||||
7 | (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
| ||||||
8 | Sec. 10-6.2.
The State Board of Elections, the election | ||||||
9 | authority or
the local election official with whom petitions | ||||||
10 | for nomination are filed
pursuant to this Article 10 shall | ||||||
11 | specify the place where filings shall
be made and upon receipt | ||||||
12 | shall endorse thereon the day and the hour at
which each | ||||||
13 | petition was filed. Except as provided by Article 9 of The
| ||||||
14 | School Code, all petitions filed by persons waiting
in line as | ||||||
15 | of 8:00 a.m. on the first day for filing, or as of the normal
| ||||||
16 | opening hour of the office involved on such day, shall be | ||||||
17 | deemed filed
as of 8:00 a.m. or the normal opening hour, as the | ||||||
18 | case may be.
Petitions filed by mail and received after | ||||||
19 | midnight of the first day for
filing and in the first mail | ||||||
20 | delivery or pickup of that day shall be
deemed filed as of 8:00 | ||||||
21 | a.m. of that day or as of the normal opening
hour of such day, | ||||||
22 | as the case may be. All petitions received thereafter
shall be | ||||||
23 | deemed filed in the order of actual receipt. However, 2 or more | ||||||
24 | petitions filed within the last hour of the filing deadline | ||||||
25 | shall be deemed filed simultaneously. Where 2 or more
petitions |
| |||||||
| |||||||
1 | are received simultaneously, the State Board of Elections, the
| ||||||
2 | election authority or the local election official with whom | ||||||
3 | such
petitions are filed shall break ties and determine the | ||||||
4 | order of filing
by means of a lottery or other fair and | ||||||
5 | impartial method of random
selection approved by the State | ||||||
6 | Board of Elections. Such lottery shall
be conducted within 9 | ||||||
7 | days following the last day for petition filing and shall
be | ||||||
8 | open to the public. Seven days written notice of the time and | ||||||
9 | place of
conducting such random selection shall be given, by | ||||||
10 | the State Board of
Elections, the election authority, or local | ||||||
11 | election official, to the Chairperson Chairman
of each | ||||||
12 | political party, and to each organization of citizens within | ||||||
13 | the
election jurisdiction which was entitled, under this Code, | ||||||
14 | at the next
preceding election, to have pollwatchers present on | ||||||
15 | the day of election. The
State Board of Elections, the election | ||||||
16 | authority or local election official
shall post in a | ||||||
17 | conspicuous, open and public place, at the entrance of the
| ||||||
18 | office, notice of the time and place of such lottery. The State | ||||||
19 | Board of
Elections shall adopt rules and regulations governing | ||||||
20 | the procedures for
the conduct of such lottery. All candidates | ||||||
21 | shall be
certified in the order in which their petitions have | ||||||
22 | been filed and in the
manner prescribed by Section 10-14 and | ||||||
23 | 10-15 of this Article. Where
candidates have filed | ||||||
24 | simultaneously, they shall be certified in the order
determined | ||||||
25 | by lot and prior to candidates who filed for the same office or
| ||||||
26 | offices at a later time. Certificates of nomination filed |
| |||||||
| |||||||
1 | within the
period prescribed in Section 10-6(2) for candidates | ||||||
2 | nominated by caucus for
township or municipal offices shall be | ||||||
3 | subject to the ballot placement
lottery for established | ||||||
4 | political parties prescribed in Section 7-60 of
this Code.
| ||||||
5 | If multiple sets of nomination papers are filed for a | ||||||
6 | candidate to
the same office, the State Board of Elections, | ||||||
7 | appropriate election
authority or local election official | ||||||
8 | where the petitions are filed shall
within 2 business days | ||||||
9 | notify the candidate of his or her multiple petition
filings | ||||||
10 | and that the candidate has 3 business days after receipt of the | ||||||
11 | notice
to notify the State Board of Elections, appropriate | ||||||
12 | election authority or local
election official that he or she | ||||||
13 | may cancel prior sets of petitions. If the
candidate notifies | ||||||
14 | the State Board of Elections, appropriate election authority
or | ||||||
15 | local election official, the last set of petitions filed shall | ||||||
16 | be the only
petitions to be considered valid by the State Board | ||||||
17 | of Elections, election
authority or local election official. If | ||||||
18 | the candidate fails to notify the
State Board of Elections, | ||||||
19 | appropriate election authority or local election
official then | ||||||
20 | only the first set of petitions filed shall be valid and all
| ||||||
21 | subsequent petitions shall be void.
| ||||||
22 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
23 | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
| ||||||
24 | Sec. 10-8.
Certificates of nomination and nomination | ||||||
25 | papers, and
petitions to submit public questions to a |
| |||||||
| |||||||
1 | referendum, being filed as
required by this Code, and being in | ||||||
2 | apparent conformity with the
provisions of this Act, shall be | ||||||
3 | deemed to be valid unless objection
thereto is duly made in | ||||||
4 | writing within 5 business days after the last day for
filing | ||||||
5 | the certificate of nomination or nomination papers or petition
| ||||||
6 | for a public question, with the following exceptions:
| ||||||
7 | A. In the case of petitions to amend Article IV of the
| ||||||
8 | Constitution of the State of Illinois, there shall be a | ||||||
9 | period of 35
business days after the last day for the | ||||||
10 | filing of such
petitions in which objections can be filed.
| ||||||
11 | B. In the case of petitions for advisory questions of | ||||||
12 | public policy to be
submitted to the voters of the entire | ||||||
13 | State, there shall be a period of
35 business days after | ||||||
14 | the last day for the filing of such
petitions in which | ||||||
15 | objections can be filed.
| ||||||
16 | Any legal voter of the political subdivision or district in | ||||||
17 | which the
candidate or public question is to be voted on, or | ||||||
18 | any legal voter in
the State in the case of a proposed | ||||||
19 | amendment to Article IV of the
Constitution or an advisory | ||||||
20 | public question to be submitted to the
voters of the entire | ||||||
21 | State, having objections to any certificate of nomination
or | ||||||
22 | nomination papers or petitions filed, shall file an objector's | ||||||
23 | petition
together with 2 copies thereof in the principal office | ||||||
24 | or the permanent branch
office of the State Board of Elections, | ||||||
25 | or in the office of the election
authority or local election | ||||||
26 | official with whom the certificate of
nomination, nomination |
| |||||||
| |||||||
1 | papers or petitions are on file. Objection petitions that do | ||||||
2 | not include 2 copies thereof, shall not be accepted.
In the | ||||||
3 | case of nomination papers or certificates of nomination,
the | ||||||
4 | State Board of Elections, election authority or local election | ||||||
5 | official
shall note the day and hour upon which such objector's
| ||||||
6 | petition is filed, and shall, not later than 12:00
noon on the | ||||||
7 | second business day after receipt of the
petition, transmit by | ||||||
8 | registered mail or receipted
personal delivery the certificate | ||||||
9 | of nomination or nomination papers and
the original objector's | ||||||
10 | petition to the chairperson chairman of the proper electoral
| ||||||
11 | board designated in Section 10-9 hereof, or his authorized | ||||||
12 | agent, and
shall transmit a copy by registered mail or | ||||||
13 | receipted personal delivery
of the objector's petition, to the | ||||||
14 | candidate whose certificate of nomination
or nomination papers | ||||||
15 | are objected to, addressed to the place of residence
designated | ||||||
16 | in said certificate of nomination or nomination papers. In the
| ||||||
17 | case of objections to a petition for a proposed amendment to | ||||||
18 | Article IV of
the Constitution or for an advisory public | ||||||
19 | question to be submitted to the
voters of the entire State, the | ||||||
20 | State Board of Elections shall note the day
and hour upon which | ||||||
21 | such objector's petition is filed and shall transmit a
copy of | ||||||
22 | the objector's petition by registered mail or receipted | ||||||
23 | personal
delivery to the person designated on a certificate | ||||||
24 | attached to the petition
as the principal proponent of such | ||||||
25 | proposed amendment or public question,
or as the proponents' | ||||||
26 | attorney, for the purpose of receiving notice of
objections. In |
| |||||||
| |||||||
1 | the case of objections to a petition for a public question,
to | ||||||
2 | be submitted to the voters of a political subdivision, or | ||||||
3 | district
thereof, the election authority or local election | ||||||
4 | official with whom such
petition is filed shall note the day | ||||||
5 | and hour upon which such
objector's petition was filed, and | ||||||
6 | shall, not later than 12:00 noon on the
second business day | ||||||
7 | after receipt of the petition,
transmit by registered mail or | ||||||
8 | receipted personal delivery
the petition for the public | ||||||
9 | question and the original objector's petition
to the | ||||||
10 | chairperson chairman of the proper electoral board designated | ||||||
11 | in Section 10-9
hereof, or his authorized agent, and shall | ||||||
12 | transmit a copy by
registered mail or receipted personal | ||||||
13 | delivery, of the objector's petition
to the person designated | ||||||
14 | on a certificate attached to the petition as the
principal | ||||||
15 | proponent of the public question, or as the proponent's | ||||||
16 | attorney,
for the purposes of receiving notice of objections.
| ||||||
17 | The objector's petition shall give the objector's name and | ||||||
18 | residence
address, and shall state fully the nature of the | ||||||
19 | objections to the
certificate of nomination or nomination | ||||||
20 | papers or petitions in question,
and shall state the interest | ||||||
21 | of the objector and shall state what relief
is requested of the | ||||||
22 | electoral board.
| ||||||
23 | The provisions of this Section and of Sections 10-9, 10-10 | ||||||
24 | and
10-10.1 shall also apply to and govern objections to | ||||||
25 | petitions for
nomination filed under Article 7 or Article 8, | ||||||
26 | except as otherwise
provided in Section 7-13 for cases to which |
| |||||||
| |||||||
1 | it is applicable, and also
apply to and govern petitions for | ||||||
2 | the submission of public questions under
Article 28.
| ||||||
3 | (Source: P.A. 98-691, eff. 7-1-14.)
| ||||||
4 | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
| ||||||
5 | Sec. 10-9. The following electoral boards are designated | ||||||
6 | for the
purpose of hearing and passing upon the objector's | ||||||
7 | petition described in
Section 10-8.
| ||||||
8 | 1. The State Board of Elections will hear and pass upon | ||||||
9 | objections
to the nominations of candidates for State | ||||||
10 | offices,
nominations of candidates for congressional or | ||||||
11 | legislative offices that are in more than one county or are | ||||||
12 | wholly located within a single county with a population of | ||||||
13 | less than 3,000,000 and judicial
offices of districts, | ||||||
14 | subcircuits, or circuits situated in more than one county, | ||||||
15 | nominations
of candidates for the offices of State's | ||||||
16 | attorney or regional superintendent
of schools to be | ||||||
17 | elected from more than one county, and petitions for
| ||||||
18 | proposed amendments to the Constitution of the State of | ||||||
19 | Illinois as
provided for in Section 3 of Article XIV of the | ||||||
20 | Constitution.
| ||||||
21 | 2. The county officers electoral board of a county with | ||||||
22 | a population of less than 3,000,000 to hear and pass upon
| ||||||
23 | objections to the nominations of candidates for county | ||||||
24 | offices and judicial offices of a district, subcircuit, or
| ||||||
25 | circuit coterminous with or less than a county, for any |
| |||||||
| |||||||
1 | school district offices, for the office of multi-township | ||||||
2 | assessor where candidates for
such office are nominated in | ||||||
3 | accordance with this Code, and for all special
district | ||||||
4 | offices, shall be composed of the county clerk, or an | ||||||
5 | assistant
designated by the county clerk, the State's | ||||||
6 | attorney of the county or
an Assistant State's Attorney | ||||||
7 | designated by the State's Attorney, and the
clerk of the | ||||||
8 | circuit court, or an assistant designated by the clerk of
| ||||||
9 | the circuit court, of the county, of whom the county clerk | ||||||
10 | or his designee
shall be the chairperson chairman , except | ||||||
11 | that in any county which has established a
county board of | ||||||
12 | election commissioners that board
shall constitute the | ||||||
13 | county officers electoral board ex-officio. If a school | ||||||
14 | district is located in 2 or more counties, the county | ||||||
15 | officers electoral board of the county in which the | ||||||
16 | principal office of the school district is located shall | ||||||
17 | hear and pass upon objections to nominations of candidates | ||||||
18 | for school district office in that school district.
| ||||||
19 | 2.5. The county officers electoral board of a county | ||||||
20 | with a population of 3,000,000 or more to hear and
pass | ||||||
21 | upon objections to the nominations of candidates for county | ||||||
22 | offices, candidates for congressional and legislative | ||||||
23 | offices if the district is wholly within a county with a | ||||||
24 | population of 3,000,000 or more, unless the district is | ||||||
25 | wholly or partially within the jurisdiction of a municipal | ||||||
26 | board of election commissioners, and judicial offices of a |
| |||||||
| |||||||
1 | district, subcircuit, or circuit coterminous with or less | ||||||
2 | than a county, for any school district offices, for the | ||||||
3 | office of multi-township assessor where candidates for | ||||||
4 | such office are nominated in accordance with this Code, and | ||||||
5 | for all special district offices, shall be composed of the | ||||||
6 | county clerk, or an assistant designated by the county | ||||||
7 | clerk, the State's Attorney of the county or an Assistant | ||||||
8 | State's Attorney designated by the State's Attorney, and | ||||||
9 | the clerk of the circuit court, or an assistant designated | ||||||
10 | by the clerk of the circuit court, of the county, of whom | ||||||
11 | the county clerk or his designee shall be the chairperson | ||||||
12 | chairman , except that, in any county which has established | ||||||
13 | a county board of election commissioners, that board shall | ||||||
14 | constitute the county officers electoral board ex-officio. | ||||||
15 | If a school district is located in 2 or more counties, the | ||||||
16 | county officers electoral board of the county in which the | ||||||
17 | principal office of the school district is located shall | ||||||
18 | hear and pass upon objections to nominations of candidates | ||||||
19 | for school district office in that school district. | ||||||
20 | 3. The municipal officers electoral board to hear and | ||||||
21 | pass upon
objections to the nominations of candidates for | ||||||
22 | officers of
municipalities shall be composed of the mayor | ||||||
23 | or president of the board
of trustees of the city, village | ||||||
24 | or incorporated town, and the city,
village or incorporated | ||||||
25 | town clerk, and one member of the city council
or board of | ||||||
26 | trustees, that member being designated who is eligible to
|
| |||||||
| |||||||
1 | serve on the electoral board and has served the
greatest | ||||||
2 | number of years as a member of the city council or board of
| ||||||
3 | trustees, of whom the mayor or president of the board of | ||||||
4 | trustees shall
be the chairperson chairman .
| ||||||
5 | 4. The township officers electoral board to pass upon | ||||||
6 | objections to
the nominations of township officers shall be | ||||||
7 | composed of the township
supervisor, the town clerk, and | ||||||
8 | that eligible town trustee elected in the
township who has | ||||||
9 | had the longest term of continuous service as town
trustee, | ||||||
10 | of whom the township supervisor shall be the chairperson | ||||||
11 | chairman .
| ||||||
12 | 5. The education officers electoral board to hear and | ||||||
13 | pass upon
objections to the nominations of candidates for | ||||||
14 | offices in
community college districts shall be composed of | ||||||
15 | the presiding officer of
the community college district | ||||||
16 | board, who shall be the chairperson chairman ,
the secretary | ||||||
17 | of the community college district board and the
eligible | ||||||
18 | elected community college board member who has the
longest | ||||||
19 | term of continuous service as a board member.
| ||||||
20 | 6. In all cases, however, where the Congressional, | ||||||
21 | Legislative, or Representative
district is wholly or | ||||||
22 | partially within the jurisdiction of a single municipal | ||||||
23 | board of election
commissioners in Cook County and in all | ||||||
24 | cases where the school district or special
district is | ||||||
25 | wholly within the jurisdiction of a municipal board of
| ||||||
26 | election commissioners and in all cases where the |
| |||||||
| |||||||
1 | municipality or
township is wholly or partially within the | ||||||
2 | jurisdiction of a municipal
board of election | ||||||
3 | commissioners, the board of election commissioners
shall | ||||||
4 | ex-officio constitute the electoral board.
| ||||||
5 | For special districts situated in more than one county, the | ||||||
6 | county officers
electoral board of the county in which the | ||||||
7 | principal office of the district
is located has jurisdiction to | ||||||
8 | hear and pass upon objections. For purposes
of this Section, | ||||||
9 | "special districts" means all political subdivisions other
| ||||||
10 | than counties, municipalities, townships and school and | ||||||
11 | community college
districts.
| ||||||
12 | In the event that any member of the appropriate board is a | ||||||
13 | candidate
for the office with relation to which the objector's | ||||||
14 | petition is filed,
he shall not be eligible to serve on that | ||||||
15 | board and shall not act as
a member of the board and his place | ||||||
16 | shall be filled as follows:
| ||||||
17 | a. In the county officers electoral board by the county
| ||||||
18 | treasurer, and if he or she is ineligible to serve, by the | ||||||
19 | sheriff of the
county.
| ||||||
20 | b. In the municipal officers electoral board by the | ||||||
21 | eligible
elected city council or board of trustees member | ||||||
22 | who has served the second
greatest number of years as a | ||||||
23 | city council or board of trustees member.
| ||||||
24 | c. In the township officers electoral board by the | ||||||
25 | eligible
elected town trustee who has had the second | ||||||
26 | longest term of continuous service
as a town trustee.
|
| |||||||
| |||||||
1 | d. In the education officers electoral board by the | ||||||
2 | eligible
elected community college district board member | ||||||
3 | who has had the
second longest term of continuous service | ||||||
4 | as a board member.
| ||||||
5 | In the event that the chairperson chairman of the electoral | ||||||
6 | board is ineligible
to act because of the fact that he or she | ||||||
7 | is a candidate for the office with
relation to which the | ||||||
8 | objector's petition is filed, then the substitute
chosen under | ||||||
9 | the provisions of this Section shall be the chairperson | ||||||
10 | chairman ; In
this case, the officer or board with whom the | ||||||
11 | objector's petition is
filed, shall transmit the certificate of | ||||||
12 | nomination or nomination papers
as the case may be, and the | ||||||
13 | objector's petition to the substitute chairperson
chairman of | ||||||
14 | the electoral board.
| ||||||
15 | When 2 or more eligible individuals, by reason of their | ||||||
16 | terms of service
on a city council or board of trustees, | ||||||
17 | township board of
trustees, or community college district | ||||||
18 | board, qualify to serve
on an electoral board, the one to serve | ||||||
19 | shall be chosen by lot.
| ||||||
20 | Any vacancies on an electoral board not otherwise filled | ||||||
21 | pursuant to this
Section shall be filled by public members | ||||||
22 | appointed by the Chief Judge of
the Circuit Court for the | ||||||
23 | county wherein the electoral board hearing is
being held upon | ||||||
24 | notification to the Chief Judge of such
vacancies. The Chief | ||||||
25 | Judge shall be so notified by a member of the electoral
board | ||||||
26 | or the officer or board with whom the objector's petition was |
| |||||||
| |||||||
1 | filed.
In the event that none of the individuals designated by | ||||||
2 | this Section to
serve on the electoral board are eligible, the | ||||||
3 | chairperson chairman of an electoral
board shall be designated | ||||||
4 | by the Chief Judge.
| ||||||
5 | (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .)
| ||||||
6 | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| ||||||
7 | Sec. 10-10. Within 24 hours after the receipt of the | ||||||
8 | certificate of
nomination or nomination papers or proposed | ||||||
9 | question of public
policy, as the case may be, and the | ||||||
10 | objector's petition, the chairperson chairman
of the electoral | ||||||
11 | board other than the State Board of Elections shall
send a call | ||||||
12 | by registered or certified mail to each of the members of the
| ||||||
13 | electoral board, and to the objector who filed the objector's | ||||||
14 | petition, and
either to the candidate whose certificate of | ||||||
15 | nomination or nomination
papers are objected to or to the | ||||||
16 | principal proponent or attorney for
proponents of a question of | ||||||
17 | public policy, as the case may be, whose
petitions are objected | ||||||
18 | to, and shall also cause the sheriff of the county
or counties | ||||||
19 | in which such officers and persons reside to serve a copy of
| ||||||
20 | such call upon each of such officers and persons, which call | ||||||
21 | shall set out
the fact that the electoral board is required to | ||||||
22 | meet to hear and pass upon
the objections to nominations made | ||||||
23 | for the office, designating it, and
shall state the day, hour | ||||||
24 | and place at which the electoral board shall meet
for the | ||||||
25 | purpose, which place shall be in the
county court house in the |
| |||||||
| |||||||
1 | county in the case of the County Officers
Electoral Board, the | ||||||
2 | Municipal Officers Electoral Board, the Township
Officers | ||||||
3 | Electoral Board or the Education Officers Electoral Board, | ||||||
4 | except that the Municipal Officers Electoral Board, the | ||||||
5 | Township Officers Electoral Board, and the Education Officers | ||||||
6 | Electoral Board may meet at the location where the governing | ||||||
7 | body of the municipality, township, or community college | ||||||
8 | district, respectively, holds its regularly scheduled | ||||||
9 | meetings, if that location is available; provided that voter | ||||||
10 | records may be removed from the offices of an election | ||||||
11 | authority only at the discretion and under the supervision of | ||||||
12 | the election authority.
In
those cases where the State Board of | ||||||
13 | Elections is the electoral board
designated under Section 10-9, | ||||||
14 | the chairperson chairman of the State Board of Elections
shall, | ||||||
15 | within 24 hours after the receipt of the certificate of | ||||||
16 | nomination
or nomination papers or petitions for a proposed | ||||||
17 | amendment to Article IV of
the Constitution or proposed | ||||||
18 | statewide question of public policy, send a
call by registered | ||||||
19 | or certified mail to the objector who files the
objector's | ||||||
20 | petition, and either to the candidate whose certificate of
| ||||||
21 | nomination or nomination papers are objected to or to the | ||||||
22 | principal
proponent or attorney for proponents of the proposed | ||||||
23 | Constitutional
amendment or statewide question of public | ||||||
24 | policy and shall state the day,
hour, and place at which the | ||||||
25 | electoral board shall meet for the purpose,
which place may be | ||||||
26 | in the Capitol Building or in the principal or permanent
branch |
| |||||||
| |||||||
1 | office of the State Board. The day of the meeting shall not be | ||||||
2 | less
than 3 nor more than 5 days after the receipt of the | ||||||
3 | certificate of
nomination or nomination papers and the | ||||||
4 | objector's petition by the chairperson chairman
of the | ||||||
5 | electoral board.
| ||||||
6 | The electoral board shall have the power to administer | ||||||
7 | oaths and to
subpoena and examine witnesses and, at the request | ||||||
8 | of either party and only upon a vote by a majority of its | ||||||
9 | members, may authorize the chairperson
chairman to issue | ||||||
10 | subpoenas requiring the attendance of witnesses and
subpoenas | ||||||
11 | duces tecum requiring the production of such books, papers,
| ||||||
12 | records and documents as may be evidence of any matter under | ||||||
13 | inquiry
before the electoral board, in the same manner as | ||||||
14 | witnesses are
subpoenaed in the Circuit Court.
| ||||||
15 | Service of such subpoenas shall be made by any sheriff or | ||||||
16 | other
person in the same manner as in cases in such court and | ||||||
17 | the fees of such
sheriff shall be the same as is provided by | ||||||
18 | law, and shall be paid by
the objector or candidate who causes | ||||||
19 | the issuance of the subpoena. In
case any person so served | ||||||
20 | shall knowingly neglect or refuse to obey any
such subpoena, or | ||||||
21 | to testify, the electoral board shall at once file a
petition | ||||||
22 | in the circuit court of the county in which such hearing is to
| ||||||
23 | be heard, or has been attempted to be heard, setting forth the | ||||||
24 | facts, of
such knowing refusal or neglect, and accompanying the | ||||||
25 | petition with a
copy of the citation and the answer, if one has | ||||||
26 | been filed, together
with a copy of the subpoena and the return |
| |||||||
| |||||||
1 | of service thereon, and shall
apply for an order of court | ||||||
2 | requiring such person to attend and testify,
and forthwith | ||||||
3 | produce books and papers, before the electoral board. Any
| ||||||
4 | circuit court of the state, excluding the judge who is sitting | ||||||
5 | on the electoral
board, upon such showing shall order such | ||||||
6 | person to appear and testify,
and to forthwith produce such | ||||||
7 | books and papers, before the electoral board
at a place to be | ||||||
8 | fixed by the court. If such person shall knowingly fail
or | ||||||
9 | refuse to obey such order of the court without lawful excuse, | ||||||
10 | the court
shall punish him or her by fine and imprisonment, as | ||||||
11 | the nature of the case
may require and may be lawful in cases | ||||||
12 | of contempt of court.
| ||||||
13 | The electoral board on the first day of its meeting shall | ||||||
14 | adopt rules
of procedure for the introduction of evidence and | ||||||
15 | the presentation of
arguments and may, in its discretion, | ||||||
16 | provide for the filing of briefs
by the parties to the | ||||||
17 | objection or by other interested persons.
| ||||||
18 | In the event of a State Electoral Board hearing on | ||||||
19 | objections to a
petition for an amendment to Article IV of the | ||||||
20 | Constitution
pursuant to Section 3 of Article XIV of the | ||||||
21 | Constitution, or to a
petition for a question of public policy | ||||||
22 | to be submitted to the
voters of the entire State, the | ||||||
23 | certificates of the county clerks and boards
of election | ||||||
24 | commissioners showing the results of the random sample of
| ||||||
25 | signatures on the petition shall be prima facie valid and | ||||||
26 | accurate, and
shall be presumed to establish the number of |
| |||||||
| |||||||
1 | valid and invalid
signatures on the petition sheets reviewed in | ||||||
2 | the random sample, as prescribed
in Section 28-11 and 28-12 of | ||||||
3 | this Code. Either party, however, may introduce
evidence at | ||||||
4 | such hearing to dispute the findings as to particular | ||||||
5 | signatures.
In addition to the foregoing, in the absence of | ||||||
6 | competent evidence presented
at such hearing by a party | ||||||
7 | substantially challenging the results of a random
sample, or | ||||||
8 | showing a different result obtained by an additional sample,
| ||||||
9 | this certificate of a county clerk or board of election | ||||||
10 | commissioners shall
be presumed to establish the ratio of valid | ||||||
11 | to invalid signatures within
the particular election | ||||||
12 | jurisdiction.
| ||||||
13 | The electoral board shall take up the question as to | ||||||
14 | whether or not
the certificate of nomination or nomination | ||||||
15 | papers or petitions are in
proper form, and whether or not they | ||||||
16 | were filed within the time and
under the conditions required by | ||||||
17 | law, and whether or not they are the
genuine certificate of | ||||||
18 | nomination or nomination papers or petitions
which they purport | ||||||
19 | to be, and whether or not in the case of the
certificate of | ||||||
20 | nomination in question it represents accurately the
decision of | ||||||
21 | the caucus or convention issuing it, and in general shall
| ||||||
22 | decide whether or not the certificate of nomination or | ||||||
23 | nominating papers
or petitions on file are valid or whether the | ||||||
24 | objections thereto should
be sustained and the decision of a | ||||||
25 | majority of the electoral board shall
be final subject to | ||||||
26 | judicial review as provided in Section 10-10.1. The
electoral |
| |||||||
| |||||||
1 | board must state its findings in writing and must state in
| ||||||
2 | writing which objections, if any, it has sustained. A copy of | ||||||
3 | the decision shall be served upon the parties to the | ||||||
4 | proceedings in open proceedings before the electoral board. If | ||||||
5 | a party does not appear for receipt of the decision, the | ||||||
6 | decision shall be deemed to have been served on the absent | ||||||
7 | party on the date when a copy of the decision is personally | ||||||
8 | delivered or on the date when a copy of the decision is | ||||||
9 | deposited in the United States mail, in a sealed envelope or | ||||||
10 | package, with postage prepaid, addressed to each party affected | ||||||
11 | by the decision or to such party's attorney of record, if any, | ||||||
12 | at the address on record for such person in the files of the | ||||||
13 | electoral board.
| ||||||
14 | Upon the expiration of the period within which a proceeding | ||||||
15 | for
judicial review must be commenced under Section 10-10.1, | ||||||
16 | the electoral
board shall, unless a proceeding for judicial | ||||||
17 | review has been commenced
within such period, transmit, by | ||||||
18 | registered or certified mail, a
certified copy of its ruling, | ||||||
19 | together with the original certificate of
nomination or | ||||||
20 | nomination papers or petitions and the original objector's
| ||||||
21 | petition, to the officer or board with whom the certificate of
| ||||||
22 | nomination or nomination papers or petitions, as objected to, | ||||||
23 | were on
file, and such officer or board shall abide by and | ||||||
24 | comply with the
ruling so made to all intents and purposes.
| ||||||
25 | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 99-78, | ||||||
26 | eff. 7-20-15; 99-642, eff. 7-28-16.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/11-6) (from Ch. 46, par. 11-6)
| ||||||
2 | Sec. 11-6.
Within 60 days after July 1, 2014 (the effective | ||||||
3 | date of Public Act 98-691), each election authority shall | ||||||
4 | transmit to the principal office of the State Board of
| ||||||
5 | Elections and publish on any website maintained by the election | ||||||
6 | authority maps in electronic portable document format (PDF) | ||||||
7 | showing the current boundaries of all the precincts within its | ||||||
8 | jurisdiction. Whenever election precincts in an election | ||||||
9 | jurisdiction have been redivided or readjusted, the county | ||||||
10 | board or board of election commissioners shall prepare maps in | ||||||
11 | electronic portable document format (PDF) showing such | ||||||
12 | election precinct boundaries no later than 90 days before the | ||||||
13 | next scheduled election. The maps shall show the boundaries of | ||||||
14 | all political subdivisions and districts. The county board or | ||||||
15 | board of election commissioners shall immediately forward | ||||||
16 | copies thereof to the chairperson chairman of each county | ||||||
17 | central committee in the county, to each township, ward, or | ||||||
18 | precinct committeeperson committeeman , and each local election | ||||||
19 | official whose political subdivision is wholly or partly in the | ||||||
20 | county and, upon request, shall furnish copies thereof to each | ||||||
21 | candidate for political or public office in the county and | ||||||
22 | shall transmit copies thereof to the principal office of the | ||||||
23 | State Board of Elections and publish copies thereof on any | ||||||
24 | website maintained by the election authority.
| ||||||
25 | (Source: P.A. 98-691, eff. 7-1-14; 99-642, eff. 7-28-16.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
| ||||||
2 | Sec. 13-1. In counties not under township organization, the | ||||||
3 | county
board of commissioners shall at its meeting in July
in | ||||||
4 | each
even-numbered year appoint in each election precinct 5 | ||||||
5 | capable and
discreet persons meeting the qualifications of | ||||||
6 | Section 13-4 to
be judges of election. Where neither voting | ||||||
7 | machines nor electronic,
mechanical or electric voting systems | ||||||
8 | are used, the county board may,
for any precinct with respect | ||||||
9 | to which the board considers such action
necessary or desirable | ||||||
10 | in view of the number of voters, and shall for
general | ||||||
11 | elections for any precinct containing more than 600 registered
| ||||||
12 | voters, appoint in addition to the 5 judges of election a team | ||||||
13 | of 5
tally judges. In such precincts the judges of election | ||||||
14 | shall preside
over the election during the hours the polls are | ||||||
15 | open, and the tally
judges, with the assistance of the holdover | ||||||
16 | judges designated pursuant
to Section 13-6.2, shall count the | ||||||
17 | vote after the closing of the polls.
However, the County Board | ||||||
18 | of Commissioners may appoint 3 judges of election
to serve in | ||||||
19 | lieu of the 5 judges of election otherwise required by this
| ||||||
20 | Section (1) to serve in any emergency referendum, or in any | ||||||
21 | odd-year regular
election or in any special primary or special | ||||||
22 | election called
for the purpose of filling a vacancy in the | ||||||
23 | office of representative in
the United States Congress or to | ||||||
24 | nominate candidates for such purpose or (2) if the county board | ||||||
25 | passes an ordinance to reduce the number of judges of election |
| |||||||
| |||||||
1 | to 3 for primary elections.
The tally judges shall possess the | ||||||
2 | same qualifications and shall be
appointed in the same manner | ||||||
3 | and with the same division between
political parties as is | ||||||
4 | provided for judges of election.
| ||||||
5 | In addition to such precinct judges, the county board of
| ||||||
6 | commissioners shall appoint special panels of 3 judges each, | ||||||
7 | who shall
possess the same qualifications and shall be | ||||||
8 | appointed in the same
manner and with the same division between | ||||||
9 | political parties as is
provided for other judges of election. | ||||||
10 | The number of such panels of
judges required shall be | ||||||
11 | determined by regulations of the State Board of
Elections which | ||||||
12 | shall base the required numbers of special panels on the
number | ||||||
13 | of registered voters in the jurisdiction or the number of vote | ||||||
14 | by mail
ballots voted at recent elections, or any combination | ||||||
15 | of such factors.
| ||||||
16 | Such appointment shall be confirmed by the court as | ||||||
17 | provided in
Section 13-3 of this Article. No more than 3 | ||||||
18 | persons of the same
political party shall be appointed judges | ||||||
19 | of the same election precinct
or election judge panel. The | ||||||
20 | appointment shall be made in the following
manner: The county | ||||||
21 | board of commissioners shall select and approve 3
persons as | ||||||
22 | judges of election in each election precinct from a certified
| ||||||
23 | list, furnished by the chairperson chairman of the County | ||||||
24 | Central Committee of the
first leading political party in such | ||||||
25 | precinct; and the county board of
commissioners shall also | ||||||
26 | select and approve 2 persons as judges of
election in each |
| |||||||
| |||||||
1 | election precinct from a certified list, furnished by
the | ||||||
2 | chairperson chairman of the County Central Committee of the | ||||||
3 | second leading
political party. However, if only 3 judges of | ||||||
4 | election serve in each
election precinct, no more than 2 | ||||||
5 | persons of the same political party shall
be judges of election | ||||||
6 | in the same election precinct; and which political
party is | ||||||
7 | entitled to 2 judges of election and which political party is
| ||||||
8 | entitled to one judge of election shall be determined in the | ||||||
9 | same manner as
set forth in the next two preceding sentences | ||||||
10 | with regard to 5 election
judges in each precinct. Such | ||||||
11 | certified list shall be filed with the county
clerk not less | ||||||
12 | than 10 days before the annual meeting of the county
board of | ||||||
13 | commissioners. Such list shall be arranged according to
| ||||||
14 | precincts. The chairperson chairman of each county central | ||||||
15 | committee shall, insofar
as possible, list persons who reside | ||||||
16 | within the precinct in which they
are to serve as judges. | ||||||
17 | However, he may, in his sole discretion, submit
the names of | ||||||
18 | persons who reside outside the precinct but within the
county | ||||||
19 | embracing the precinct in which they are to serve. He must,
| ||||||
20 | however, submit the names of at least 2 residents of the | ||||||
21 | precinct for
each precinct in which his party is to have 3 | ||||||
22 | judges and must submit the
name of at least one resident of the | ||||||
23 | precinct for each precinct in which
his party is to have 2 | ||||||
24 | judges. The county board of commissioners shall
acknowledge in | ||||||
25 | writing to each county chairperson chairman the names of all | ||||||
26 | persons
submitted on such certified list and the total number |
| |||||||
| |||||||
1 | of persons listed
thereon. If no such list is filed or such | ||||||
2 | list is incomplete (that is,
no names or an insufficient number | ||||||
3 | of names are furnished for certain
election precincts), the | ||||||
4 | county board of commissioners shall make or
complete such list | ||||||
5 | from the names contained in the supplemental list
provided for | ||||||
6 | in Section 13-1.1. The election judges shall hold their
office | ||||||
7 | for 2 years from their appointment, and until their successors
| ||||||
8 | are duly appointed in the manner provided in this Act. The | ||||||
9 | county board
of commissioners shall fill all vacancies in the | ||||||
10 | office of judge of
election at any time in the manner provided | ||||||
11 | in this Act.
| ||||||
12 | (Source: P.A. 100-337, eff. 8-25-17.)
| ||||||
13 | (10 ILCS 5/13-1.1) (from Ch. 46, par. 13-1.1)
| ||||||
14 | Sec. 13-1.1.
In addition to the list provided for in | ||||||
15 | Section 13-1 or 13-2, the chairperson
chairman of the county | ||||||
16 | central committee, or each township committeeperson in a county | ||||||
17 | with a population of more than 3,000,000, of each of the two | ||||||
18 | leading
political parties shall submit to the county board a | ||||||
19 | supplemental list,
arranged according to precincts in which | ||||||
20 | they are to serve, of persons
available as judges of election, | ||||||
21 | the names and number of all persons listed
thereon to be | ||||||
22 | acknowledged in writing to the county chairperson chairman or | ||||||
23 | township committeeperson, as the case may be, submitting
such | ||||||
24 | list by the county board. Vacancies among the judges of | ||||||
25 | election shall
be filled by selection from this supplemental |
| |||||||
| |||||||
1 | list of persons qualified
under Section 13-4. If the list | ||||||
2 | provided for in Section 13-1 or 13-2 for
any precinct is | ||||||
3 | exhausted, then selection shall be made from the
supplemental | ||||||
4 | list submitted by the chairperson chairman of the county | ||||||
5 | central committee, or each township committeeperson in a county | ||||||
6 | with a population of more than 3,000,000,
of the party. If such | ||||||
7 | supplemental list is exhausted for any precinct, then
selection | ||||||
8 | shall be made from any of the persons on the supplemental list
| ||||||
9 | without regard to the precincts in which they are listed to | ||||||
10 | serve. No
selection or appointment from the supplemental list | ||||||
11 | shall be made more than
21 days prior to the date of precinct | ||||||
12 | registration for those judges needed
as precinct registrars, | ||||||
13 | and more than 60 days prior to the date of
an
election for | ||||||
14 | those additional persons needed as election judges. In any
case | ||||||
15 | where selection cannot be made from the supplemental list | ||||||
16 | without
violating Section 13-4, selection shall be made from | ||||||
17 | outside the
supplemental list of some person qualified under | ||||||
18 | Section 13-4.
| ||||||
19 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
20 | (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
| ||||||
21 | Sec. 13-2. In counties under the township organization the | ||||||
22 | county
board shall at its meeting in July in each even-numbered | ||||||
23 | year
except in counties containing a population of 3,000,000 | ||||||
24 | inhabitants or
over and except when such judges are appointed | ||||||
25 | by election
commissioners, select in each election precinct in |
| |||||||
| |||||||
1 | the county, 5 capable
and discreet persons to be judges of | ||||||
2 | election who shall
possess the
qualifications required by this | ||||||
3 | Act for such judges. Where neither
voting machines nor | ||||||
4 | electronic, mechanical or electric voting systems
are used, the | ||||||
5 | county board may, for any precinct with respect to which
the | ||||||
6 | board considers such action necessary or desirable in view of | ||||||
7 | the
number of voters, and shall for general elections for any | ||||||
8 | precinct
containing more than 600 registered voters, appoint in | ||||||
9 | addition to the 5
judges of election a team of 5 tally judges. | ||||||
10 | In such precincts the
judges of election shall preside over the | ||||||
11 | election during the hours the
polls are open, and the tally | ||||||
12 | judges, with the assistance of the
holdover judges designated | ||||||
13 | pursuant to Section 13-6.2, shall count the
vote after the | ||||||
14 | closing of the polls. The tally judges shall possess the
same | ||||||
15 | qualifications and shall be appointed in the same manner and | ||||||
16 | with
the same division between political parties as is provided | ||||||
17 | for judges of
election.
| ||||||
18 | However, the county board may appoint 3 judges of election | ||||||
19 | to serve in
lieu of the 5 judges of election otherwise required | ||||||
20 | by this Section (1) to serve
in any emergency referendum, or in | ||||||
21 | any odd-year regular election
or in any special primary or | ||||||
22 | special election called for the purpose of
filling a vacancy in | ||||||
23 | the office of representative in the United States Congress
or | ||||||
24 | to nominate candidates for such purpose or (2) if the county | ||||||
25 | board passes an ordinance to reduce the number of judges of | ||||||
26 | election to 3 for primary elections.
|
| |||||||
| |||||||
1 | In addition to such precinct judges, the county board shall | ||||||
2 | appoint
special panels of 3 judges each, who shall possess the | ||||||
3 | same
qualifications and shall be appointed in the same manner | ||||||
4 | and with the
same division between political parties as is | ||||||
5 | provided for other judges
of election. The number of such | ||||||
6 | panels of judges required shall be
determined by regulations of | ||||||
7 | the State Board of Elections, which shall
base the required | ||||||
8 | number of special panels on the number of registered
voters in | ||||||
9 | the jurisdiction or the number of absentee ballots voted at
| ||||||
10 | recent elections or any combination of such factors.
| ||||||
11 | No more than 3 persons of the same political party shall be | ||||||
12 | appointed
judges in the same election district or undivided | ||||||
13 | precinct. The election
of the judges of election in the various | ||||||
14 | election precincts shall be
made in the following manner: The | ||||||
15 | county board shall
select and approve 3 of the election judges | ||||||
16 | in each precinct from a
certified list furnished by the | ||||||
17 | chairperson chairman of the County Central Committee
of the | ||||||
18 | first leading political party in such election precinct and | ||||||
19 | shall also
select and approve 2 judges of election in each | ||||||
20 | election precinct from a
certified list furnished by the | ||||||
21 | chairperson chairman of the County Central Committee
of the | ||||||
22 | second leading political party in such election precinct. | ||||||
23 | However,
if only 3 judges of election serve in each election | ||||||
24 | precinct, no more than 2
persons of the same political party | ||||||
25 | shall be judges of election in the same
election precinct; and | ||||||
26 | which political party is entitled to 2 judges of
election and |
| |||||||
| |||||||
1 | which political party is entitled to one judge of election | ||||||
2 | shall
be determined in the same manner as set forth in the next | ||||||
3 | two preceding
sentences with regard to 5 election judges in | ||||||
4 | each precinct. The respective
County Central Committee | ||||||
5 | chairperson chairman shall notify the county board by June 1 of
| ||||||
6 | each odd-numbered year immediately preceding the annual | ||||||
7 | meeting of the county
board whether or not such certified list | ||||||
8 | will be filed by such chairperson chairman . Such
list shall be | ||||||
9 | arranged according to precincts. The chairperson chairman of | ||||||
10 | each county
central committee shall, insofar as possible, list | ||||||
11 | persons who reside within
the precinct in which they are to | ||||||
12 | serve as judges. However, he may, in his sole
discretion, | ||||||
13 | submit the names of persons who reside outside the precinct but
| ||||||
14 | within the county embracing the precinct in which they are to | ||||||
15 | serve. He must,
however, submit the names of at least 2 | ||||||
16 | residents of the precinct for each
precinct in which his party | ||||||
17 | is to have 3 judges and must submit the name of at
least one | ||||||
18 | resident of the precinct for each precinct in which his party | ||||||
19 | is to
have 2 judges. Such certified list, if filed, shall be | ||||||
20 | filed with the county
clerk not less than 20 days before the | ||||||
21 | annual meeting of the county board. The
county board shall | ||||||
22 | acknowledge in writing to each county chairperson chairman the | ||||||
23 | names of
all persons submitted on such certified list and the | ||||||
24 | total number of persons
listed thereon. If no such list is | ||||||
25 | filed or the list is incomplete (that is, no
names or an | ||||||
26 | insufficient number of names are furnished for certain election
|
| |||||||
| |||||||
1 | precincts), the county board shall make or complete such list | ||||||
2 | from the names
contained in the supplemental list provided for | ||||||
3 | in Section 13-1.1. Provided,
further, that in any case where a | ||||||
4 | township has been or shall be redistricted,
in whole or in | ||||||
5 | part, subsequent to one general election for Governor, and | ||||||
6 | prior
to the next, the judges of election to be selected for | ||||||
7 | all new or altered
precincts shall be selected in that one of | ||||||
8 | the methods above detailed, which
shall be applicable according | ||||||
9 | to the facts and circumstances of the particular
case, but the | ||||||
10 | majority of such judges for each such precinct shall be | ||||||
11 | selected
from the first leading political party, and the | ||||||
12 | minority judges from the second
leading political party. | ||||||
13 | Provided, further, that in counties having a
population of | ||||||
14 | 3,000,000 inhabitants or over the selection of judges of | ||||||
15 | election
shall be made in the same manner in all respects as in | ||||||
16 | other counties, except
that the provisions relating to tally | ||||||
17 | judges are inapplicable to such counties
and except that the | ||||||
18 | county board shall meet during the month of January for the
| ||||||
19 | purpose of making such selection, each township | ||||||
20 | committeeperson shall assume the responsibilities given to the | ||||||
21 | chairperson chairman of the county central committee in this | ||||||
22 | Section for the precincts within his or her township, and the | ||||||
23 | township committeeperson shall notify the county board by the | ||||||
24 | preceding October 1 whether or
not the certified list will be | ||||||
25 | filed. Such judges of election shall hold their
office for 2 | ||||||
26 | years from their appointment and until their successors are |
| |||||||
| |||||||
1 | duly
appointed in the manner provided in this Act. The county | ||||||
2 | board shall fill all
vacancies in the office of judges of | ||||||
3 | elections at any time in the manner herein
provided.
| ||||||
4 | Such selections under this Section shall be confirmed by | ||||||
5 | the circuit
court as provided in Section 13-3 of this Article.
| ||||||
6 | (Source: P.A. 100-337, eff. 8-25-17.)
| ||||||
7 | (10 ILCS 5/13-3) (from Ch. 46, par. 13-3)
| ||||||
8 | Sec. 13-3.
After the judges of election have been selected | ||||||
9 | and approved as
hereinbefore provided, a report of such | ||||||
10 | selections shall be made by the
county board and filed in the | ||||||
11 | circuit court, and application shall then be
made by the county | ||||||
12 | board to the court for their confirmation and
appointment, | ||||||
13 | whereupon the court shall enter an order that cause be shown,
| ||||||
14 | if any exists, against the confirmation and appointment of such | ||||||
15 | persons so
named on or before the opening of the court on a day | ||||||
16 | to be fixed by the
court. The county board shall immediately | ||||||
17 | give notice of such order and the
names of all such judges so | ||||||
18 | reported to such court for confirmation and
their residence and | ||||||
19 | the precinct for which they were selected by causing
a notice | ||||||
20 | to be published in one or more newspapers in the
county and if | ||||||
21 | no
newspaper be published therein then by posting such notice | ||||||
22 | in 5 of the most
public places in the county. The notice shall | ||||||
23 | state that a list of judges of
election is available for public | ||||||
24 | inspection in the office of the election
authority. If no cause | ||||||
25 | to the contrary is shown prior
to the day fixed, and if, in |
| |||||||
| |||||||
1 | each precinct, at least one judge representing
each of the two | ||||||
2 | major political parties has been certified by the county
clerk | ||||||
3 | as having satisfactorily completed within the preceding 6 | ||||||
4 | months the
training course and examination for judges of | ||||||
5 | election, as provided in
Section 13-2.1 and 13-2.2 of this Act, | ||||||
6 | such appointment shall be confirmed
by order entered by that | ||||||
7 | court.
| ||||||
8 | If in any precinct the requisite 2 judges have not been so | ||||||
9 | certified by
the county clerk as having satisfactorily | ||||||
10 | completed such course and
examination, the county clerk shall | ||||||
11 | immediately notify all judges in that
precinct, to whose | ||||||
12 | appointment there is no other objection, that all such
judges | ||||||
13 | shall attend the next such course. The county clerk shall then
| ||||||
14 | certify to the court that all such judges have been so notified | ||||||
15 | (and such
certification need contain no detail other than a | ||||||
16 | mere recital). The
appointment of such judges shall then be | ||||||
17 | confirmed by order entered by the
court. If any judge so | ||||||
18 | notified and so confirmed fails to attend the next
such course, | ||||||
19 | such failure shall subject such judge to possible removal from
| ||||||
20 | office at the option of the election authority.
| ||||||
21 | If objections to the appointment of any judge be filed | ||||||
22 | prior to the day
fixed by the court for confirmation of judges, | ||||||
23 | the court shall hear such
objections and the evidence | ||||||
24 | introduced in support thereof, and shall
confirm or refuse to | ||||||
25 | confirm such nominations as the interests of the
public may | ||||||
26 | require. No reasons may be given for the refusal to confirm. If
|
| |||||||
| |||||||
1 | any vacancy exists at any time the county board shall, subject | ||||||
2 | to the
provisions of Section 13-1.1, further report and | ||||||
3 | nominate persons to fill
such vacancies so existing in the | ||||||
4 | manner aforesaid, and a court in the same
way shall consider | ||||||
5 | such nominations and shall confirm or refuse to confirm
the | ||||||
6 | same in the manner aforesaid. Upon the confirmation of such | ||||||
7 | judges, at
any time, a commission shall issue to each of such | ||||||
8 | judges, under the seal
of such court, and appropriate forms | ||||||
9 | shall be prepared by the county clerk
of each county for such | ||||||
10 | purpose and furnished to the county board, and
after | ||||||
11 | confirmation and acceptance of such commission, such judges | ||||||
12 | shall
thereupon become officers of such court. If a vacancy | ||||||
13 | occurs so late that
nomination by the county board and | ||||||
14 | application to and confirmation by the
court cannot be had | ||||||
15 | before the election, then the court shall, subject to
the | ||||||
16 | provisions of Section 13-1.1, make an appointment and issue a
| ||||||
17 | commission to such officer or officers, and when thus appointed | ||||||
18 | such
officer shall be considered an officer of the court and | ||||||
19 | subject to the same
rules as if nominated by the county board | ||||||
20 | and confirmed by the court, and
any judge, however appointed, | ||||||
21 | and at whatever time, shall be considered an
officer of court | ||||||
22 | and be subject to the same control and punishment in case
of | ||||||
23 | misbehavior. Not more than 10 business days after the day of | ||||||
24 | election,
the county clerk shall compile a list
containing the | ||||||
25 | name, address and party affiliation of each judge of
election | ||||||
26 | who served on the day of election, and
shall preserve such list |
| |||||||
| |||||||
1 | and make it available for public inspection
and copying for a | ||||||
2 | period of not more than one year from the date of receipt
of | ||||||
3 | such list. Copies of such list shall be available for purchase | ||||||
4 | at a
cost not to exceed the cost of duplication.
The board has | ||||||
5 | the right, at any time, in case of
misbehavior or neglect of | ||||||
6 | duty, to remove any judge of election and cause
such vacancy to | ||||||
7 | be filled in accordance with this Act. Except for judges
| ||||||
8 | appointed under subsection (b) of Section 13-4, the board shall | ||||||
9 | have
the right, at any time, to remove any judge of election | ||||||
10 | for failing to vote
the primary ballot of the political party | ||||||
11 | he represents, at a primary
election at which he served as such | ||||||
12 | judge, and shall cause such vacancy to
be filled in accordance | ||||||
13 | with this Act.
The board shall remove any judge of election | ||||||
14 | who, twice during the same
term of office, fails to provide for | ||||||
15 | the opening of the polling place at
the time prescribed in | ||||||
16 | Section 17-1 or Section 18-2, whichever is
applicable, unless | ||||||
17 | such delay can be demonstrated
by the judge of election to be | ||||||
18 | beyond his or her control.
In the event that any judge of
| ||||||
19 | election is removed for cause, the board shall specify such | ||||||
20 | cause in
writing and make such writing a matter of public | ||||||
21 | record, with a copy to be
sent to the appropriate county | ||||||
22 | chairperson chairman who made the initial recommendation
of the | ||||||
23 | election judge. If any vacancies occur or exist more than 15 | ||||||
24 | days
before election the judges appointed to such places must | ||||||
25 | be confirmed by
such court. The county board shall not | ||||||
26 | voluntarily remove any judge within
15 days of such election |
| |||||||
| |||||||
1 | except for flagrant misbehavior, incapacity or
dishonesty, and | ||||||
2 | the reason therefor must afterward be reported in writing
to | ||||||
3 | such court and made a matter of public record, with a copy to | ||||||
4 | be sent to
the appropriate county chairperson chairman who made | ||||||
5 | the initial recommendation of the
election judge. Provided | ||||||
6 | further that where a vacancy in the office of
judge of election | ||||||
7 | exists 20 days or less prior to any election in counties
having | ||||||
8 | a population of 3,000,000 or more inhabitants, or where such | ||||||
9 | vacancy
exists 10 days or less prior to any election in | ||||||
10 | counties having less than
3,000,000 inhabitants, the county | ||||||
11 | clerk shall, subject to the provisions of
Section 13-1.1, | ||||||
12 | appoint a person of the same major political party to fill
such | ||||||
13 | vacancy and issue a commission thereto. The name of the officer | ||||||
14 | so
appointed shall be reported to the court as a matter of | ||||||
15 | record and after
acceptance of such commission such person | ||||||
16 | shall be liable in the same
manner as officers regularly | ||||||
17 | appointed by the county board and confirmed by
the court. The | ||||||
18 | county clerk shall have the power on election day to remove
| ||||||
19 | without cause any judge of election appointed by the other | ||||||
20 | judges of
election pursuant to Section 13-7 and to appoint | ||||||
21 | another judge of election
to serve for that election. Such | ||||||
22 | substitute judge of election must be
selected, where possible, | ||||||
23 | pursuant to the provisions of Section 13-1.1 and
must be | ||||||
24 | qualified in accordance with Section 13-4.
| ||||||
25 | If any precinct has increased in voter registration beyond | ||||||
26 | the maximum
of 800 provided in Section 11-2, the county clerk |
| |||||||
| |||||||
1 | may appoint one
additional judge of election from each | ||||||
2 | political party for each 200 voters
in excess of 800.
| ||||||
3 | (Source: P.A. 90-672, eff. 7-31-98; 91-352, eff. 1-1-00.)
| ||||||
4 | (10 ILCS 5/13-4) (from Ch. 46, par. 13-4)
| ||||||
5 | Sec. 13-4. Qualifications.
| ||||||
6 | (a) All persons elected or chosen judge of election must: | ||||||
7 | (1) be
citizens of the United States and entitled to vote at | ||||||
8 | the next election,
except as provided in subsection (b) or (c);
| ||||||
9 | (2) be of good repute and character and not subject to the | ||||||
10 | registration requirement of the Sex Offender Registration Act; | ||||||
11 | (3) be able to speak, read and write
the English language; (4) | ||||||
12 | be skilled in the four fundamental rules of
arithmetic; (5) be | ||||||
13 | of good understanding and capable; (6) not be candidates
for | ||||||
14 | any office at the election and not be elected committeepersons | ||||||
15 | committeemen ; and (7)
reside in the precinct in which they are | ||||||
16 | selected to act, except that in
each precinct, not more than | ||||||
17 | one judge of each party may be appointed from
outside such | ||||||
18 | precinct. Any judge selected to serve in any precinct in which
| ||||||
19 | he is not entitled to vote must reside within and be entitled | ||||||
20 | to vote
elsewhere within the county which encompasses the | ||||||
21 | precinct in which such
judge is appointed, except as provided | ||||||
22 | in subsection (b) or (c). Such judge
must meet the other | ||||||
23 | qualifications of this
Section.
| ||||||
24 | (b) An election authority may establish a program to permit | ||||||
25 | a person who
is not entitled to vote to be appointed as an |
| |||||||
| |||||||
1 | election judge if, as of the date
of the election at which the | ||||||
2 | person serves as a judge, he or she:
| ||||||
3 | (1) is a U.S. citizen;
| ||||||
4 | (2) is a junior or senior in good standing enrolled in | ||||||
5 | a public or private secondary
school;
| ||||||
6 | (3) has a cumulative grade point average equivalent to | ||||||
7 | at least 3.0 on a
4.0 scale;
| ||||||
8 | (4) has the written approval of the principal of the | ||||||
9 | secondary school he
or she attends at the time of | ||||||
10 | appointment;
| ||||||
11 | (5) has the written approval of his or her parent or | ||||||
12 | legal guardian;
| ||||||
13 | (6) has satisfactorily completed the training course | ||||||
14 | for judges of
election
described in Sections 13-2.1 and | ||||||
15 | 13-2.2; and
| ||||||
16 | (7) meets all other qualifications for appointment and | ||||||
17 | service as an
election judge.
| ||||||
18 | No more than one election judge qualifying under this | ||||||
19 | subsection may serve
per political party per precinct.
Prior to | ||||||
20 | appointment, a judge qualifying under this subsection must | ||||||
21 | certify
in writing to the election authority the political | ||||||
22 | party the judge chooses to
affiliate with.
| ||||||
23 | Students appointed as election judges under this | ||||||
24 | subsection
shall not be counted as absent from school on the | ||||||
25 | day they serve as judges.
| ||||||
26 | (c) An election authority may establish a program to permit |
| |||||||
| |||||||
1 | a person who
is not entitled to vote in that precinct or county | ||||||
2 | to be appointed as an
election judge if, as of the date of the | ||||||
3 | election at which the person serves as
a judge, he or she:
| ||||||
4 | (1) is a U.S. citizen;
| ||||||
5 | (2) is currently enrolled in a community college, as | ||||||
6 | defined in the Public Community College Act, or a public or | ||||||
7 | private Illinois university or
college;
| ||||||
8 | (3) has a cumulative grade point average equivalent to | ||||||
9 | at least 3.0 on a
4.0 scale;
| ||||||
10 | (4) has satisfactorily completed the training course | ||||||
11 | for judges of
election described in Sections 13-2.1 and | ||||||
12 | 13-2.2; and
| ||||||
13 | (5) meets all other qualifications for appointment and | ||||||
14 | service as an
election judge.
| ||||||
15 | No more than one election judge qualifying under this | ||||||
16 | subsection may serve
per political party per precinct.
Prior to | ||||||
17 | appointment, a judge qualifying under this subsection must | ||||||
18 | certify
in writing to the election authority the political | ||||||
19 | party the judge chooses to
affiliate with.
| ||||||
20 | Students appointed as election judges under this | ||||||
21 | subsection
shall not be counted as absent from school on the | ||||||
22 | day they serve as judges.
| ||||||
23 | (Source: P.A. 95-699, eff. 11-9-07; 95-818, eff. 1-1-09; | ||||||
24 | 96-328, eff. 8-11-09.)
| ||||||
25 | (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
|
| |||||||
| |||||||
1 | Sec. 14-1. (a) The board of election commissioners | ||||||
2 | established
or existing under Article 6 shall, at the time and | ||||||
3 | in the
manner provided in Section 14-3.1, select and choose 5 | ||||||
4 | persons,
men or women, as judges of election for each precinct | ||||||
5 | in such
city, village or incorporated town.
| ||||||
6 | Where neither voting machines nor electronic, mechanical | ||||||
7 | or
electric voting systems are used, the board of election
| ||||||
8 | commissioners may, for any precinct with respect to which the
| ||||||
9 | board considers such action necessary or desirable in view of
| ||||||
10 | the number of voters, and shall for general elections for any
| ||||||
11 | precinct containing more than 600 registered voters, appoint
in | ||||||
12 | addition to the 5 judges of election a team of 5 tally judges.
| ||||||
13 | In such precincts the judges of election shall preside over the
| ||||||
14 | election during the hours the polls are open, and the tally
| ||||||
15 | judges, with the assistance of the holdover judges designated
| ||||||
16 | pursuant to Section
14-5.2, shall count the vote after the | ||||||
17 | closing of the polls.
The tally judges shall possess the same | ||||||
18 | qualifications and
shall be appointed in the same manner and | ||||||
19 | with the same division
between political parties as is provided | ||||||
20 | for judges of election.
The foregoing provisions relating to | ||||||
21 | the appointment of tally
judges are inapplicable in counties | ||||||
22 | with a population of
1,000,000 or more.
| ||||||
23 | (b) To qualify as judges the persons must:
| ||||||
24 | (1) be citizens of the United States;
| ||||||
25 | (2) be of good repute and character and not subject to | ||||||
26 | the registration requirement of the Sex Offender |
| |||||||
| |||||||
1 | Registration Act;
| ||||||
2 | (3) be able to speak, read and write the English | ||||||
3 | language;
| ||||||
4 | (4) be skilled in the 4 fundamental rules of | ||||||
5 | arithmetic;
| ||||||
6 | (5) be of good understanding and capable;
| ||||||
7 | (6) not be candidates for any office at the election | ||||||
8 | and not
be elected committeepersons committeemen ;
| ||||||
9 | (7) reside and be entitled to vote in the precinct in | ||||||
10 | which
they are selected to serve, except that in each | ||||||
11 | precinct not
more than one judge of each party may be | ||||||
12 | appointed from outside
such precinct. Any judge so | ||||||
13 | appointed to serve in any precinct
in which he is not | ||||||
14 | entitled to vote must be entitled to vote
elsewhere within | ||||||
15 | the county which encompasses the precinct in
which such | ||||||
16 | judge is appointed and such judge must otherwise
meet the | ||||||
17 | qualifications of this Section, except as provided in | ||||||
18 | subsection (c)
or (c-5).
| ||||||
19 | (c) An election authority may establish a program to permit | ||||||
20 | a person who
is not entitled to vote
to be appointed as an | ||||||
21 | election judge if, as of the date of the election at
which the | ||||||
22 | person serves as a judge, he or she:
| ||||||
23 | (1) is a U.S. citizen;
| ||||||
24 | (2) is a junior or senior in good standing enrolled in | ||||||
25 | a public or private secondary
school;
| ||||||
26 | (3) has a cumulative grade point average equivalent to |
| |||||||
| |||||||
1 | at least 3.0 on a
4.0 scale;
| ||||||
2 | (4) has the written approval of the principal of the | ||||||
3 | secondary school he
or she attends at the time of | ||||||
4 | appointment;
| ||||||
5 | (5) has the written approval of his or her parent or | ||||||
6 | legal guardian;
| ||||||
7 | (6) has satisfactorily completed the training course | ||||||
8 | for judges of
election
described in Sections 13-2.1, | ||||||
9 | 13-2.2, and 14-4.1; and
| ||||||
10 | (7) meets all other qualifications for appointment and | ||||||
11 | service as an
election judge.
| ||||||
12 | No more than one election judge qualifying under this | ||||||
13 | subsection may serve
per political party per precinct.
Prior to | ||||||
14 | appointment, a judge qualifying under this subsection must | ||||||
15 | certify
in writing to the election authority the political | ||||||
16 | party the judge chooses to
affiliate with.
| ||||||
17 | Students appointed as election judges under this | ||||||
18 | subsection
shall not be counted as absent from school on the | ||||||
19 | day they serve as judges.
| ||||||
20 | (c-5) An election authority may establish a program to | ||||||
21 | permit a person who
is not entitled to vote in that precinct or | ||||||
22 | county to be appointed as an
election judge if, as of the date | ||||||
23 | of the election at which the person serves as
a judge, he or | ||||||
24 | she:
| ||||||
25 | (1) is a U.S. citizen;
| ||||||
26 | (2) is currently enrolled in a community college, as |
| |||||||
| |||||||
1 | defined in the Public Community College Act, or a public or | ||||||
2 | private Illinois university or
college;
| ||||||
3 | (3) has a cumulative grade point average equivalent to | ||||||
4 | at least 3.0 on a
4.0 scale;
| ||||||
5 | (4) has satisfactorily completed the training course | ||||||
6 | for judges of
election
described in Sections 13-2.1, | ||||||
7 | 13-2.2, and 14-4.1; and
| ||||||
8 | (5) meets all other qualifications for appointment and | ||||||
9 | service as an
election judge.
| ||||||
10 | No more than one election judge qualifying under this | ||||||
11 | subsection may serve
per political party per precinct.
Prior to | ||||||
12 | appointment, a judge qualifying under this subsection must | ||||||
13 | certify
in writing to the election authority the political | ||||||
14 | party the judge chooses to
affiliate with.
| ||||||
15 | Students appointed as election judges under this | ||||||
16 | subsection
shall not be counted as absent from school on the | ||||||
17 | day they serve as judges.
| ||||||
18 | (d) The board of election commissioners may select 2 | ||||||
19 | additional
judges of election, one from each of the major | ||||||
20 | political parties,
for each 200 voters in excess of 600 in any | ||||||
21 | precinct having more
than 600 voters as authorized
by Section | ||||||
22 | 11-3. These additional judges must meet the
qualifications | ||||||
23 | prescribed in this Section.
| ||||||
24 | (Source: P.A. 95-699, eff. 11-9-07; 95-818, eff. 1-1-09; | ||||||
25 | 96-328, eff. 8-11-09 .)
|
| |||||||
| |||||||
1 | (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
| ||||||
2 | Sec. 14-3.1. The board of election commissioners shall, | ||||||
3 | during the
month of July of each even-numbered year,
select
for | ||||||
4 | each election precinct within the jurisdiction of the board 5
| ||||||
5 | persons to be judges of election who shall possess the | ||||||
6 | qualifications
required by this Act for such judges. The | ||||||
7 | selection shall be made by a
county board of election | ||||||
8 | commissioners in the following manner: the county
board of | ||||||
9 | election commissioners shall select and approve 3 persons as | ||||||
10 | judges of
election in each election precinct from a certified | ||||||
11 | list
furnished by the chairperson chairman of the county | ||||||
12 | central committee of the first leading
political party in that | ||||||
13 | precinct; the county board of election commissioners
also shall | ||||||
14 | select and approve 2 persons as judges of election in each | ||||||
15 | election
precinct from a certified list furnished by the | ||||||
16 | chairperson chairman of the county central
committee of the | ||||||
17 | second leading political party in that precinct. The
selection | ||||||
18 | by a municipal board of election commissioners shall be made in | ||||||
19 | the
following manner: for each precinct, 3 judges shall be | ||||||
20 | selected from one of
the 2 leading political parties and the | ||||||
21 | other 2 judges shall be selected from
the other leading | ||||||
22 | political party; the parties entitled to 3 and 2
judges, | ||||||
23 | respectively, in the several precincts shall be determined as | ||||||
24 | provided
in Section 14-4. However, a Board of Election | ||||||
25 | Commissioners may
appoint
three judges of election to serve in | ||||||
26 | lieu of the 5 judges of election otherwise
required by this |
| |||||||
| |||||||
1 | Section to serve in any emergency referendum, or in any
| ||||||
2 | odd-year regular election or in any special primary or special | ||||||
3 | election called
for the purpose of filling a vacancy in the | ||||||
4 | office of representative in the
United States Congress or to | ||||||
5 | nominate candidates for such purpose.
| ||||||
6 | If only 3 judges of election serve in each election | ||||||
7 | precinct, no more than
2 persons of the same political party | ||||||
8 | shall be judges of election in the
same election precinct, and | ||||||
9 | which political party is entitled to 2 judges
of election and | ||||||
10 | which political party is entitled to one judge of election
| ||||||
11 | shall be determined as set forth in this Section for a county | ||||||
12 | board of
election commissioners' selection of 5 election judges | ||||||
13 | in each precinct or in
Section 14-4 for a municipal board of | ||||||
14 | election commissioners' selection of
election judges in each | ||||||
15 | precinct, whichever is appropriate. In addition to
such | ||||||
16 | precinct judges, the board of election commissioners shall | ||||||
17 | appoint special
panels of 3 judges each, who shall possess the | ||||||
18 | same qualifications and shall be
appointed in the same manner | ||||||
19 | and with the
same division between political parties as is | ||||||
20 | provided for other judges of
election. The number of such | ||||||
21 | panels of judges required shall be determined by
regulation of | ||||||
22 | the State Board of Elections, which shall base the required
| ||||||
23 | number of special panels on the number of registered voters in | ||||||
24 | the jurisdiction
or the number of absentee ballots voted at | ||||||
25 | recent elections or any combination
of such factors. A | ||||||
26 | municipal board of election
commissioners shall make the
|
| |||||||
| |||||||
1 | selections of persons qualified under Section 14-1 from | ||||||
2 | certified lists
furnished by the chairperson chairman of the | ||||||
3 | respective county central committees, or each ward | ||||||
4 | committeeperson in a municipality of 500,000 or more | ||||||
5 | inhabitants, of the 2
leading political parties. Lists | ||||||
6 | furnished by chairmen of county central
committees or ward | ||||||
7 | committeepersons, as the case may be, under this Section shall | ||||||
8 | be arranged
according to precincts. The chairperson chairman of | ||||||
9 | each county central committee or ward committeepersons, as the | ||||||
10 | case may be, shall,
insofar as possible, list persons who | ||||||
11 | reside within the precinct in which they
are to serve as | ||||||
12 | judges.
However, he may, in his sole discretion, submit the | ||||||
13 | names of persons who
reside outside the precinct but within the | ||||||
14 | county embracing the precinct
in which they are to serve. He | ||||||
15 | must, however, submit the names of at
least 2 residents of the | ||||||
16 | precinct for each precinct in which his party
is to have 3 | ||||||
17 | judges and must submit the name of at least one resident of
the | ||||||
18 | precinct for each precinct in which his party is to have 2 | ||||||
19 | judges.
The board of election commissioners shall no later than | ||||||
20 | March 1 of each
even-numbered year notify the chairmen
of the | ||||||
21 | respective county central committees or ward committeepersons, | ||||||
22 | as the case may be, of their responsibility to
furnish such | ||||||
23 | lists, and each such chairperson chairman shall furnish the | ||||||
24 | board of
election commissioners with the list for his party on | ||||||
25 | or before May 1 of each
even-numbered year. The
board of | ||||||
26 | election commissioners shall acknowledge in writing to each
|
| |||||||
| |||||||
1 | county chairperson chairman or ward committeepersons, as the | ||||||
2 | case may be, the names of all persons submitted on such | ||||||
3 | certified
list and the total number of persons listed thereon. | ||||||
4 | If no such list is
furnished or if no names or an insufficient | ||||||
5 | number of names are
furnished for certain precincts, the board | ||||||
6 | of election commissioners
shall make or complete such list from | ||||||
7 | the names contained in the
supplemental list provided for in | ||||||
8 | Section 14-3.2. Judges of election
shall hold their office for | ||||||
9 | 2 years from their appointment and until
their successors are | ||||||
10 | duly appointed in the manner herein provided. The
board of | ||||||
11 | election commissioners shall, subject to the provisions of
| ||||||
12 | Section 14-3.2, fill all vacancies in the office of judges of | ||||||
13 | election
at any time in the manner herein provided.
| ||||||
14 | Such selections under this Section shall be confirmed by | ||||||
15 | the court as
provided in Section 14-5.
| ||||||
16 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
17 | (10 ILCS 5/14-3.2) (from Ch. 46, par. 14-3.2)
| ||||||
18 | Sec. 14-3.2.
In addition to the list provided for in | ||||||
19 | Section 14-3.1, the chairperson chairman of
the county central | ||||||
20 | committee, or each ward committeeperson in a municipality of | ||||||
21 | 500,000 or more inhabitants, of each of the 2 leading political | ||||||
22 | parties
shall furnish to the board of election commissioners a | ||||||
23 | supplemental list,
arranged according to precinct in which they | ||||||
24 | are to serve, of persons
available as judges of election, the | ||||||
25 | names and number of all persons listed
thereon to be |
| |||||||
| |||||||
1 | acknowledged in writing to the county chairperson chairman or | ||||||
2 | ward committeepersons, as the case may be, submitting
such list | ||||||
3 | by the board of election commissioners. The board of election
| ||||||
4 | commissioners shall select from this supplemental list persons | ||||||
5 | qualified
under Section 14-1, to fill vacancies among the | ||||||
6 | judges of election. If the
list provided for in Section 14-3.1 | ||||||
7 | for any precinct is exhausted, then
selection shall be made | ||||||
8 | from the supplemental list furnished by the chairperson
| ||||||
9 | chairman of the county central committee or ward | ||||||
10 | committeepersons, as the case may be, of the party. If such | ||||||
11 | supplemental
list is exhausted for any precinct, then selection | ||||||
12 | shall be made from any
of the persons on the supplemental list | ||||||
13 | without regard to the precincts in
which they are listed to | ||||||
14 | serve. No selection or appointment from the
supplemental list | ||||||
15 | shall be made more than 21 days prior to the date of
precinct | ||||||
16 | registration for those judges needed as precinct registrars, | ||||||
17 | and
more than 60 days prior to the date of an election for | ||||||
18 | those
additional
persons needed as election judges. In any case | ||||||
19 | where selection cannot be
made from the supplemental list | ||||||
20 | without violating Section 14-1, selection
shall be made from | ||||||
21 | outside the supplemental list of some person qualified
under | ||||||
22 | Section 14-1.
| ||||||
23 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
24 | (10 ILCS 5/14-5) (from Ch. 46, par. 14-5)
| ||||||
25 | Sec. 14-5.
After the judges are selected and have agreed to |
| |||||||
| |||||||
1 | serve as
provided in Sections 14-1 to 14-4, inclusive, then a | ||||||
2 | report of such
selections shall be made and filed in the court, | ||||||
3 | and application shall then
be made by the board to the circuit | ||||||
4 | court for their confirmation and
appointment, whereupon the | ||||||
5 | court shall enter an order that cause be shown,
if any exists, | ||||||
6 | against the confirmation and appointment of such persons so
| ||||||
7 | named, on or before the opening of the court on a day to be | ||||||
8 | fixed by the
court. And the board of commissioners shall | ||||||
9 | immediately give notice of such
order and the names of all such | ||||||
10 | judges so reported to such court for
confirmation, and their | ||||||
11 | residence and the precinct for which they were
selected, by | ||||||
12 | causing a notice to be published in one or more
newspapers in
| ||||||
13 | such city, village or incorporated town, and if no newspaper be | ||||||
14 | published
in such city, village or incorporated town, then by | ||||||
15 | posting such notice in
3 of the most public places in such | ||||||
16 | city, village or town. The notice shall
state that a list of | ||||||
17 | judges of election is available for public inspection in
the | ||||||
18 | office of the election authority. If no cause
to the contrary | ||||||
19 | is shown prior to the day fixed, and if, in each precinct,
at | ||||||
20 | least one judge representing each of the two major political | ||||||
21 | parties has
been certified by the board of commissioners as | ||||||
22 | having satisfactorily
completed within the preceding 6 months | ||||||
23 | the training course and examination
for judges of election, as | ||||||
24 | provided in Section 14-4.1 of this Act such
appointments shall | ||||||
25 | be confirmed by order entered by that court.
| ||||||
26 | If in any precinct the requisite 2 judges have not been so |
| |||||||
| |||||||
1 | certified by
the board of commissioners as having | ||||||
2 | satisfactorily completed such course
and examination, the | ||||||
3 | board of commissioners shall immediately notify all
judges in | ||||||
4 | that precinct, to whose appointment there is no other | ||||||
5 | objection,
that all such judges shall attend the next such | ||||||
6 | course. The board of
commissioners shall then certify to the | ||||||
7 | court that all such judges have
been so notified (and such | ||||||
8 | certification need contain no detail other than
a mere | ||||||
9 | recital). The appointment of such judges shall then be | ||||||
10 | confirmed by
order entered by the court. If any judge so | ||||||
11 | notified and so confirmed fails
to attend the next such course, | ||||||
12 | such failure shall subject such judge to
possible removal from | ||||||
13 | office at the option of the election authority.
| ||||||
14 | If objections to the appointment of any such judge is filed | ||||||
15 | prior to the
day fixed by the court for confirmation of judges, | ||||||
16 | the court shall hear
such objections and the evidence | ||||||
17 | introduced in support thereof, and shall
confirm or refuse to | ||||||
18 | confirm such nominations, as the interests of the
public may | ||||||
19 | require. No reasons may be given for the refusal to confirm. If
| ||||||
20 | any vacancies exist by reason of the action of such board or | ||||||
21 | otherwise, at
any time, the board of commissioners shall, | ||||||
22 | subject to the provisions of
Section 14-3.2, further report and | ||||||
23 | nominate persons to fill such vacancies
so existing in the | ||||||
24 | manner aforesaid, and a court in the same way shall
consider | ||||||
25 | such nominations and shall confirm or refuse to confirm the | ||||||
26 | same
in the manner aforesaid. Upon the confirmation of such |
| |||||||
| |||||||
1 | judges, at any time,
a commission shall issue to each of such | ||||||
2 | judges, under the seal of such
court, and appropriate forms | ||||||
3 | shall be prepared by the board of
commissioners for such | ||||||
4 | purpose. After such confirmation and acceptance of
such | ||||||
5 | commission, such judges shall thereupon become officers of such | ||||||
6 | court.
If a vacancy occurs so late that application to and | ||||||
7 | confirmation by the
court cannot be had before the election, | ||||||
8 | then the board of commissioners
shall, subject to the | ||||||
9 | provisions of Section 14-3.2, make an appointment and
issue a | ||||||
10 | commission to such officer or officers, and when thus appointed
| ||||||
11 | such officer shall be considered an officer of the court and | ||||||
12 | subject to the
same rules and punishment, in case of | ||||||
13 | misbehavior, as if confirmed by the
court, and any judge, | ||||||
14 | however appointed, and at whatever time, shall be
considered an | ||||||
15 | officer of court, and be subject to the same control and
| ||||||
16 | punishment in case of misbehavior. Not more than 10 business | ||||||
17 | days after the
day of election, the board of election | ||||||
18 | commissioners shall compile a list
containing the name, address | ||||||
19 | and party affiliation of each judge of
election who served on | ||||||
20 | the day of election, and shall preserve such list
and make it | ||||||
21 | available for public inspection and copying for a period of not
| ||||||
22 | more than one year from the date of receipt of such list. | ||||||
23 | Copies of such
list shall be available for purchase at a cost | ||||||
24 | not to exceed the cost of
duplication. The board of | ||||||
25 | commissioners has the right
at any time, in case of misbehavior | ||||||
26 | or neglect of duty, to remove any judge
of election, and shall |
| |||||||
| |||||||
1 | cause such vacancy to be filled in accordance with
this Act. | ||||||
2 | Except for judges appointed under subsection (c) of Section | ||||||
3 | 14-1,
the board has the right, at any time, to remove any judge | ||||||
4 | of
election for failing to vote the primary ballot of the | ||||||
5 | political party he
represents at a primary election at which he | ||||||
6 | served as such judge, and
shall cause such vacancy to be filled | ||||||
7 | in accordance with this Act.
The board shall remove any judge | ||||||
8 | of election who, twice during the same
term of office, fails to | ||||||
9 | provide for the opening of the polling place at
the time | ||||||
10 | prescribed in Section 17-1 or Section 18-2, whichever is
| ||||||
11 | applicable, unless such delay can be demonstrated
by the judge | ||||||
12 | of election to be beyond his or her control. In the
event that | ||||||
13 | any judge of election is removed for cause, the board shall
| ||||||
14 | specify such cause in writing and make such writing a matter of | ||||||
15 | public
record, with a copy to be sent to the appropriate county | ||||||
16 | chairperson chairman who made
the initial recommendation of the | ||||||
17 | election judges. The judges of election
must be appointed and | ||||||
18 | confirmed at least 35 days prior to the next
election.
| ||||||
19 | If any vacancy shall occur or exist, more than 5 days | ||||||
20 | before election
the judges appointed to such places must be | ||||||
21 | confirmed by such court. Such
commissioners shall not | ||||||
22 | voluntarily remove any judge within 5 days of such
election, | ||||||
23 | except for flagrant misbehavior, incapacity or dishonesty, and
| ||||||
24 | the reasons therefor must afterwards be reported in writing to | ||||||
25 | such court
and made a matter of public record, with a copy to | ||||||
26 | be sent to the
appropriate county chairperson chairman who made |
| |||||||
| |||||||
1 | the initial recommendation of the
election judge. If such | ||||||
2 | removal be wilful and without cause, the
commissioners shall be | ||||||
3 | punished for contempt of court and subject to
removal. The | ||||||
4 | board of election commissioners shall have the power on
| ||||||
5 | election day to remove without cause any judge of election | ||||||
6 | appointed by the
other judges of election pursuant to Section | ||||||
7 | 14-6 and to appoint another
judge of election to serve for that | ||||||
8 | election. Such substitute judge of
election must be selected, | ||||||
9 | where possible, pursuant to the provisions of
Section 14-3.2 | ||||||
10 | and must be qualified in accordance with Section 14-1.
| ||||||
11 | (Source: P.A. 90-672, eff. 7-31-98; 91-352, eff. 1-1-00.)
| ||||||
12 | (10 ILCS 5/17-18.1) (from Ch. 46, par. 17-18.1)
| ||||||
13 | Sec. 17-18.1.
Wherever the judicial retention ballot to be | ||||||
14 | used in
any general election contains the names of more than 15 | ||||||
15 | judges on a
separate paper ballot, the County Clerk or Board of | ||||||
16 | Election
Commissioners as the case may be, shall designate | ||||||
17 | special judges of
election for the purpose of tallying and | ||||||
18 | canvassing the votes cast for
and against the propositions for | ||||||
19 | the retention of judges in office in
such places and at such | ||||||
20 | times as the County Clerk or Board of Election
Commissioners | ||||||
21 | determine. Special judges of election shall be designated
from | ||||||
22 | certified lists submitted by the respective chairmen of the | ||||||
23 | county
central committees of the two leading political parties. | ||||||
24 | In the event
that the County Clerk or Board of Election | ||||||
25 | Commissioners as the case may
be, decides that the counting of |
| |||||||
| |||||||
1 | the retention ballots shall be
performed in the precinct where | ||||||
2 | such ballots are cast, 2 special judges
of election shall be | ||||||
3 | designated to tally and canvass the vote of each
precinct with | ||||||
4 | one being named from each of the 2 leading political
parties.
| ||||||
5 | In the event that the County Clerk or Board of Election | ||||||
6 | Commissioners
decides that the judicial retention ballots from | ||||||
7 | several precincts shall
be tallied and canvassed in a central | ||||||
8 | or common location, then each
major political party shall be | ||||||
9 | entitled to an equal number of special
election judges in each | ||||||
10 | such central or common location. The County
Clerk or Board of | ||||||
11 | Election Commissioners, as the case may be, shall
inform, no | ||||||
12 | later than 75 days prior to such election, the respective
| ||||||
13 | chairmen of the county central committees of the location or | ||||||
14 | locations
where the counting of retention ballots will be done, | ||||||
15 | the number of names
to be included on the certified lists, and | ||||||
16 | the number of special
election judges to be selected from those | ||||||
17 | lists. If the certified list
for either party is not submitted | ||||||
18 | within thirty days after the chairmen
have been so informed, | ||||||
19 | the County Clerk or Board of Election
Commissioners shall | ||||||
20 | designate special judges of election for that party
in whatever | ||||||
21 | manner it determines.
| ||||||
22 | The County Clerk or Board of Election Commissioners shall | ||||||
23 | apply to
the Circuit Court for the confirmation of the special | ||||||
24 | judges of election
designated under this Section. The court | ||||||
25 | shall confirm or refuse to
confirm such designations as the | ||||||
26 | interest of the public may require.
Those confirmed shall be |
| |||||||
| |||||||
1 | officers of the court and subject to its
disciplinary powers.
| ||||||
2 | The County Clerk or Board of Election Commissioners shall, | ||||||
3 | in the
exercise of sound discretion, prescribe the forms, | ||||||
4 | materials and
supplies together with the procedures for | ||||||
5 | completion and return thereof
for use in such election by | ||||||
6 | special judges of election. The special
judges of election | ||||||
7 | designated under this Section shall have full
responsibility | ||||||
8 | and authority for tallying and canvassing the votes
pertaining | ||||||
9 | to the retention of judges and the return of ballots and
| ||||||
10 | supplies.
| ||||||
11 | If the County Clerk or Board of Election Commissioners | ||||||
12 | decides that
the counting of the retention ballots shall be | ||||||
13 | performed in the precinct
where such ballots were cast, at | ||||||
14 | least 2 ballot boxes shall be provided
for paper retention | ||||||
15 | ballots, one of which shall be used from the opening
of the | ||||||
16 | polls until 9:00 a.m. and from 12:00 noon until 3:00 p.m. and | ||||||
17 | the
second of which shall be used from 9:00 a.m. until 12:00 | ||||||
18 | noon and from
3:00 p.m. until the closing of the polls; | ||||||
19 | provided that if additional
ballot boxes are provided, the | ||||||
20 | additional boxes shall be used instead of
reusing boxes used | ||||||
21 | earlier. At the close of each such period of use, a
ballot box | ||||||
22 | used for retention ballots shall be immediately unsealed and
| ||||||
23 | opened and the ballots therein counted and tallied by the | ||||||
24 | special judges
of election. After counting and tallying the | ||||||
25 | retention ballots, the
special judges of election shall place | ||||||
26 | the counted ballots in a
container provided for that purpose by |
| |||||||
| |||||||
1 | the County Clerk or Board of
Election Commissioners and clearly | ||||||
2 | marked with the appropriate printing
and shall thereupon seal | ||||||
3 | such container. One such container shall be
provided for each | ||||||
4 | of the four time periods and clearly designated as the
| ||||||
5 | container for the respective period. The tally shall be | ||||||
6 | recorded on
sheets provided by the County Clerk or Board of | ||||||
7 | Election Commissioners
and designated as tally sheets for the | ||||||
8 | respective time periods. Before a
ballot box may be reused, it | ||||||
9 | shall in the presence of all of the judges
of election be | ||||||
10 | verified to be empty, whereupon it shall be resealed.
After the | ||||||
11 | close of the polls, and after the tally of votes cast by vote | ||||||
12 | by mail
voters, the special judges of election shall add | ||||||
13 | together the
tallies of all the ballot boxes used throughout | ||||||
14 | the day, and complete
the canvass of votes for retention of | ||||||
15 | judges in the manner established
by this Act. All of these | ||||||
16 | procedures shall be carried out within the
clear view of the | ||||||
17 | other judges of election. The sealed containers of
used | ||||||
18 | retention ballots shall be returned with other voted ballots to | ||||||
19 | the
County Clerk or Board of Election Commissioners in the | ||||||
20 | manner provided
by this Act.
| ||||||
21 | The compensation of a special judge of election may not | ||||||
22 | exceed $30
per judge per precinct or district canvassed.
| ||||||
23 | This Section does not affect any other office or the | ||||||
24 | conduct of any
other election held at the same time as the | ||||||
25 | election for the retention
of judges in office.
| ||||||
26 | (Source: P.A. 98-1171, eff. 6-1-15 .)
|
| |||||||
| |||||||
1 | (10 ILCS 5/17-22) (from Ch. 46, par. 17-22) | ||||||
2 | Sec. 17-22. The judges of election shall make the tally | ||||||
3 | sheet and
certificate of results in triplicate. If, however, | ||||||
4 | the number of
established political parties, as defined in | ||||||
5 | Section 10-2, exceeds 2,
one additional copy shall be made for | ||||||
6 | each established political party
in excess of 2. One list of | ||||||
7 | voters, or other proper return with such
certificate written | ||||||
8 | thereon, and accompanying tally sheet footed up so
as to show | ||||||
9 | the correct number of votes cast for each person voted for,
| ||||||
10 | shall be carefully enveloped and sealed up by the judges of | ||||||
11 | election, 2
of whom (one from each of the 2 major political | ||||||
12 | parties) shall
immediately deliver same to the county clerk, or | ||||||
13 | his deputy, at the
office of the county clerk, or to an | ||||||
14 | officially designated receiving
station established by the | ||||||
15 | county clerk where a duly authorized
representative of the | ||||||
16 | county clerk shall receive said envelopes for
immediate | ||||||
17 | transmission to the office of county clerk, who shall safely
| ||||||
18 | keep them. The other certificates of results and accompanying | ||||||
19 | tally
sheet shall be carefully enveloped and sealed up and duly | ||||||
20 | directed,
respectively, to the chairperson chairman of the | ||||||
21 | county central committee of each
then existing established | ||||||
22 | political party, and by another of the judges
of election | ||||||
23 | deposited immediately in the nearest United States letter
| ||||||
24 | deposit. However, if any county chairperson chairman notifies | ||||||
25 | the county clerk not
later than 10 days before the election of |
| |||||||
| |||||||
1 | his desire to receive the
envelope addressed to him at the | ||||||
2 | point and at the time same are
delivered to the county clerk, | ||||||
3 | his deputy or receiving station designee
the envelopes shall be | ||||||
4 | delivered to such county chairperson chairman or his designee
| ||||||
5 | immediately upon receipt thereof by the county clerk, his | ||||||
6 | deputy or his
receiving station designee. The person or persons | ||||||
7 | so designated by a
county chairperson chairman shall sign an | ||||||
8 | official receipt acknowledging receipt of
said envelopes. The | ||||||
9 | poll book and tally list filed with the county clerk
shall be | ||||||
10 | kept one year, and certified copies thereof shall be evidence
| ||||||
11 | in all courts, proceedings and election contests. Before the | ||||||
12 | returns are
sealed up, as aforesaid, the judges shall compare | ||||||
13 | the tally papers,
footings and certificates and see that they | ||||||
14 | are correct and duplicates
of each other, and certify to the | ||||||
15 | correctness of the same. | ||||||
16 | At the consolidated election, the judges of election
shall | ||||||
17 | make a tally sheet and certificate of results for each | ||||||
18 | political
subdivision for which candidates or public questions | ||||||
19 | are on the ballot
at such election, and shall sign, seal in a | ||||||
20 | marked envelope and deliver
them to the county clerk with the | ||||||
21 | other certificates of results herein
required. Such tally | ||||||
22 | sheets and certificates of results may be
duplicates of the | ||||||
23 | tally sheet and certificate of results otherwise
required by | ||||||
24 | this Section, showing all votes for all candidates and
public | ||||||
25 | questions voted for or upon in the precinct, or may be on
| ||||||
26 | separate forms prepared by the election authority and showing |
| |||||||
| |||||||
1 | only those
votes cast for candidates and public questions of | ||||||
2 | each such political
subdivision. | ||||||
3 | Within 2 days of delivery of complete returns of the | ||||||
4 | consolidated election, the county clerk shall transmit an | ||||||
5 | original,
sealed tally sheet and certificate of results from | ||||||
6 | each precinct in his
jurisdiction in which candidates or public | ||||||
7 | questions of a political
subdivision were on the ballot to the | ||||||
8 | local election official of such
political subdivision. Each | ||||||
9 | local election official, within 24 hours of
receipt of all of | ||||||
10 | the tally sheets and certificates of results for all
precincts | ||||||
11 | in which candidates or public questions of his political
| ||||||
12 | subdivision were on the ballot, shall transmit such sealed | ||||||
13 | tally sheets
and certificates of results to the canvassing | ||||||
14 | board for that political
subdivision. | ||||||
15 | In the case of referenda for the formation of a political
| ||||||
16 | subdivision, the tally sheets and certificates of results shall | ||||||
17 | be
transmitted by the county clerk to the circuit court that | ||||||
18 | ordered the
proposition submitted or to the officials | ||||||
19 | designated by the court to
conduct the canvass of votes. In the | ||||||
20 | case of school referenda for which
a regional superintendent of | ||||||
21 | schools is responsible for the canvass of
votes, the county | ||||||
22 | clerk shall transmit the tally sheets and certificates
of | ||||||
23 | results to the regional superintendent of schools. | ||||||
24 | Where voting machines or electronic voting systems are | ||||||
25 | used, the
provisions of this section may be modified as | ||||||
26 | required or authorized by
Article 24 or Article 24A, whichever |
| |||||||
| |||||||
1 | is applicable. | ||||||
2 | Only judges appointed under the provisions of subsection | ||||||
3 | (a) of Section 13-4 or subsection (b) of Section 14-1 may make | ||||||
4 | any delivery required by this Section from judges of election | ||||||
5 | to a county clerk, or his or her deputy, at the office of the | ||||||
6 | county clerk or to a county clerk's duly authorized | ||||||
7 | representative at the county clerk's officially designated | ||||||
8 | receiving station. | ||||||
9 | (Source: P.A. 96-1003, eff. 7-6-10.)
| ||||||
10 | (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
| ||||||
11 | Sec. 17-23. Pollwatchers in a general election shall be | ||||||
12 | authorized in
the following manner:
| ||||||
13 | (1) Each established political party shall be entitled to | ||||||
14 | appoint
two pollwatchers per precinct. Such pollwatchers must | ||||||
15 | be affiliated
with the political party for which they are | ||||||
16 | pollwatching. For all
elections, the pollwatchers must be
| ||||||
17 | registered to vote in Illinois.
| ||||||
18 | (2) Each candidate shall be entitled to appoint two | ||||||
19 | pollwatchers per
precinct. For all elections, the pollwatchers | ||||||
20 | must be
registered to vote
in Illinois.
| ||||||
21 | (3) Each organization of citizens within the county or | ||||||
22 | political
subdivision, which has among its purposes or | ||||||
23 | interests the investigation
or prosecution of election frauds, | ||||||
24 | and which shall have registered its
name and address and the | ||||||
25 | name and addresses of its principal officers
with the proper |
| |||||||
| |||||||
1 | election authority at least 40 days before the election,
shall | ||||||
2 | be entitled to appoint one pollwatcher per precinct. For all
| ||||||
3 | elections, the pollwatcher must be registered to vote in
| ||||||
4 | Illinois.
| ||||||
5 | (3.5) Each State nonpartisan civic organization within the | ||||||
6 | county or political subdivision shall be entitled to appoint | ||||||
7 | one pollwatcher per precinct, provided that no more than 2 | ||||||
8 | pollwatchers appointed by State nonpartisan civic | ||||||
9 | organizations shall be present in a precinct polling place at | ||||||
10 | the same time. Each organization shall have registered the | ||||||
11 | names and addresses of its principal officers with the proper | ||||||
12 | election authority at least 40 days before the election. The | ||||||
13 | pollwatchers must be registered to vote in Illinois. For the | ||||||
14 | purpose of this paragraph, a "State nonpartisan civic | ||||||
15 | organization" means any corporation, unincorporated | ||||||
16 | association, or organization that: | ||||||
17 | (i) as part of its written articles of incorporation, | ||||||
18 | bylaws, or charter or by separate written declaration, has | ||||||
19 | among its stated purposes the provision of voter | ||||||
20 | information and education, the protection of individual | ||||||
21 | voters' rights, and the promotion of free and equal | ||||||
22 | elections; | ||||||
23 | (ii) is organized or primarily conducts its activities | ||||||
24 | within the State of Illinois; and | ||||||
25 | (iii) continuously maintains an office or business | ||||||
26 | location within the State of Illinois, together with a |
| |||||||
| |||||||
1 | current listed telephone number (a post office box number | ||||||
2 | without a current listed telephone number is not | ||||||
3 | sufficient).
| ||||||
4 | (4) In any general election held to elect candidates for | ||||||
5 | the offices of
a municipality of less than 3,000,000 population | ||||||
6 | that is situated in 2 or
more counties, a pollwatcher who is a | ||||||
7 | resident of Illinois shall be eligible to serve as a
| ||||||
8 | pollwatcher in any poll located within such
municipality, | ||||||
9 | provided that such pollwatcher otherwise complies with the
| ||||||
10 | respective requirements of subsections (1) through (3) of this | ||||||
11 | Section and
is a registered voter in Illinois.
| ||||||
12 | (5) Each organized group of proponents or opponents of a | ||||||
13 | ballot
proposition, which shall have registered the name and | ||||||
14 | address of its
organization or committee and the name and | ||||||
15 | address of its chairperson chairman with the
proper election | ||||||
16 | authority at least 40 days before the election, shall be
| ||||||
17 | entitled to appoint one pollwatcher per precinct. The | ||||||
18 | pollwatcher
must be
registered to vote in Illinois.
| ||||||
19 | All pollwatchers shall be required to have proper | ||||||
20 | credentials. Such
credentials shall be printed in sufficient | ||||||
21 | quantities, shall be issued
by and under the facsimile | ||||||
22 | signature(s) of the election authority or the State Board of | ||||||
23 | Elections and
shall be available for distribution by the | ||||||
24 | election authority and State Board of Elections at least 2 | ||||||
25 | weeks prior to the
election. Such credentials shall be | ||||||
26 | authorized by the real or facsimile
signature of the State or |
| |||||||
| |||||||
1 | local party official or the candidate or the
presiding officer | ||||||
2 | of the civic organization or the chairperson chairman of the
| ||||||
3 | proponent or opponent group, as the case may be. Neither the | ||||||
4 | election authority nor the State Board of Elections may require | ||||||
5 | any such party official or the candidate or the presiding | ||||||
6 | officer of the civic organization or the chairperson chairman | ||||||
7 | of the proponent or opponent group to submit the names or other | ||||||
8 | information concerning pollwatchers before making credentials | ||||||
9 | available to such persons or organizations.
| ||||||
10 | Pollwatcher credentials shall be in substantially the | ||||||
11 | following form:
| ||||||
12 | POLLWATCHER CREDENTIALS
| ||||||
13 | TO THE JUDGES OF ELECTION:
| ||||||
14 | In accordance with the provisions of the Election
Code, the | ||||||
15 | undersigned hereby appoints .......... (name of pollwatcher)
| ||||||
16 | who resides at ........... (address) in the county
of | ||||||
17 | ..........., .......... (township or municipality)
of | ||||||
18 | ........... (name), State of Illinois and who is duly | ||||||
19 | registered
to vote from this address, to act as a pollwatcher | ||||||
20 | in the
........... precinct of the ........... ward (if | ||||||
21 | applicable)
of the ........... (township or municipality) of | ||||||
22 | ........... at the
........... election to be held on (insert | ||||||
23 | date).
| ||||||
24 | ........................ (Signature of Appointing Authority)
| ||||||
25 | ......................... TITLE (party official, candidate,
|
| |||||||
| |||||||
1 | civic organization president,
| ||||||
2 | proponent or opponent group | ||||||
3 | chairperson chairman )
| ||||||
4 | Under penalties provided by law pursuant to Section 29-10 | ||||||
5 | of the
Election Code, the undersigned pollwatcher certifies | ||||||
6 | that he or she resides
at ................ (address) in the | ||||||
7 | county of ............, .........
(township or municipality) | ||||||
8 | of ........... (name), State of Illinois, and is
duly | ||||||
9 | registered to vote in Illinois.
| ||||||
10 | .......................... .......................
| ||||||
11 | (Precinct and/or Ward in (Signature of Pollwatcher)
| ||||||
12 | Which Pollwatcher Resides)
| ||||||
13 | Pollwatchers must present their credentials to the Judges | ||||||
14 | of Election
upon entering the polling place. Pollwatcher | ||||||
15 | credentials properly
executed and signed shall be proof of the | ||||||
16 | qualifications of the
pollwatcher authorized thereby. Such | ||||||
17 | credentials are retained by the
Judges and returned to the | ||||||
18 | Election Authority at the end of the day of
election with the | ||||||
19 | other election materials. Once a pollwatcher has
surrendered a | ||||||
20 | valid credential, he may leave and reenter the polling place
| ||||||
21 | provided that such continuing action does not disrupt the | ||||||
22 | conduct of the
election. Pollwatchers may be substituted during | ||||||
23 | the course of the day, but
established political parties, | ||||||
24 | candidates and qualified civic organizations
can have only as |
| |||||||
| |||||||
1 | many pollwatchers at any given time as are authorized in
this | ||||||
2 | Article. A substitute must present his signed credential to the
| ||||||
3 | judges of election upon entering the polling place. Election | ||||||
4 | authorities
must provide a sufficient number of credentials to | ||||||
5 | allow for substitution
of pollwatchers. After the polls have | ||||||
6 | closed pollwatchers shall be allowed
to remain until the | ||||||
7 | canvass of votes is completed; but may leave and
reenter only | ||||||
8 | in cases of necessity, provided that such action is not so
| ||||||
9 | continuous as to disrupt the canvass of votes.
| ||||||
10 | Candidates seeking office in a district or municipality | ||||||
11 | encompassing 2
or more counties shall be admitted to any and | ||||||
12 | all polling places throughout
such district or municipality | ||||||
13 | without regard to the counties in which such
candidates are | ||||||
14 | registered to vote. Actions of such candidates shall be
| ||||||
15 | governed in each polling place by the same privileges and | ||||||
16 | limitations that
apply to pollwatchers as provided in this | ||||||
17 | Section. Any such candidate who
engages in an activity in a | ||||||
18 | polling place which could reasonably be
construed by a majority | ||||||
19 | of the judges of election as campaign activity
shall be removed | ||||||
20 | forthwith from such polling place.
| ||||||
21 | Candidates seeking office in a district or municipality | ||||||
22 | encompassing 2 or
more counties who desire to be admitted to | ||||||
23 | polling places on election day
in such district or municipality | ||||||
24 | shall be required to have proper
credentials. Such credentials | ||||||
25 | shall be printed in sufficient quantities,
shall be issued by | ||||||
26 | and under the facsimile signature of the State Board of |
| |||||||
| |||||||
1 | Elections or the
election authority of the election | ||||||
2 | jurisdiction where the polling place in
which the candidate | ||||||
3 | seeks admittance is located, and shall be available for
| ||||||
4 | distribution at least 2 weeks prior to the election. Such | ||||||
5 | credentials shall
be signed by the candidate.
| ||||||
6 | Candidate credentials shall be in substantially the | ||||||
7 | following form:
| ||||||
8 | CANDIDATE CREDENTIALS
| ||||||
9 | TO THE JUDGES OF ELECTION:
| ||||||
10 | In accordance with the provisions of the Election Code, I | ||||||
11 | ...... (name of
candidate) hereby certify that I am a candidate | ||||||
12 | for ....... (name of
office) and seek admittance to ....... | ||||||
13 | precinct of the ....... ward (if
applicable) of the ....... | ||||||
14 | (township or municipality) of ....... at the
....... election | ||||||
15 | to be held on (insert date).
| ||||||
16 | ......................... .......................
| ||||||
17 | (Signature of Candidate) OFFICE FOR WHICH
| ||||||
18 | CANDIDATE SEEKS
| ||||||
19 | NOMINATION OR
| ||||||
20 | ELECTION
| ||||||
21 | Pollwatchers shall be permitted to observe all proceedings | ||||||
22 | and view all reasonably requested records relating
to the | ||||||
23 | conduct of the election, provided the secrecy of the ballot is | ||||||
24 | not impinged, and to station themselves in a position
in the |
| |||||||
| |||||||
1 | voting room as will enable them to observe the judges making | ||||||
2 | the
signature comparison between the voter application and the | ||||||
3 | voter
registration record card; provided, however, that such | ||||||
4 | pollwatchers
shall not be permitted to station themselves in | ||||||
5 | such close proximity to
the judges of election so as to | ||||||
6 | interfere with the orderly conduct of
the election and shall | ||||||
7 | not, in any event, be permitted to handle
election materials. | ||||||
8 | Pollwatchers may challenge for cause the voting
qualifications | ||||||
9 | of a person offering to vote and may call to the
attention of | ||||||
10 | the judges of election any incorrect procedure or apparent
| ||||||
11 | violations of this Code.
| ||||||
12 | If a majority of the judges of election determine that the | ||||||
13 | polling
place has become too overcrowded with pollwatchers so | ||||||
14 | as to interfere
with the orderly conduct of the election, the | ||||||
15 | judges shall, by lot,
limit such pollwatchers to a reasonable | ||||||
16 | number, except that each
established or new political party | ||||||
17 | shall be permitted to have at least
one pollwatcher present.
| ||||||
18 | Representatives of an election authority, with regard to an | ||||||
19 | election
under its jurisdiction, the State Board of Elections, | ||||||
20 | and law
enforcement agencies, including but not limited to a | ||||||
21 | United States
Attorney, a State's attorney, the Attorney | ||||||
22 | General, and a State, county,
or local police department, in | ||||||
23 | the performance of their official
election duties, shall be | ||||||
24 | permitted at all times to enter and remain in
the polling | ||||||
25 | place. Upon entering the polling place, such
representatives | ||||||
26 | shall display their official credentials or other
|
| |||||||
| |||||||
1 | identification to the judges of election.
| ||||||
2 | Uniformed police officers assigned to polling place duty | ||||||
3 | shall follow
all lawful instructions of the judges of election.
| ||||||
4 | The provisions of this Section shall also apply to | ||||||
5 | supervised casting of vote by mail
ballots as provided in | ||||||
6 | Section 19-12.2 of this Act.
| ||||||
7 | (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .)
| ||||||
8 | (10 ILCS 5/18-1) (from Ch. 46, par. 18-1)
| ||||||
9 | Sec. 18-1.
The provisions of this Article 18 shall be | ||||||
10 | applicable only to
and in municipalities operating under | ||||||
11 | Article 6 of this Act.
| ||||||
12 | At every election in any municipality operating under | ||||||
13 | Article 6 of this
Act, each of the political parties shall have | ||||||
14 | the right to designate a
canvasser for each election precinct, | ||||||
15 | who may make a canvass of the
precinct in which he is appointed | ||||||
16 | to act, not less than 20 nor more than 31
days previous to such | ||||||
17 | election, for the purpose of ascertaining the names
and | ||||||
18 | addresses of the legal voters residing in such precinct. An | ||||||
19 | authority
signed by the executive director of the board of | ||||||
20 | election
commissioners, shall be
sufficient evidence of the | ||||||
21 | right of such canvasser to make a canvass of the
precinct in | ||||||
22 | which he is appointed to act. The executive director of the | ||||||
23 | board of
election commissioners shall issue such certificate of | ||||||
24 | authority to any
person designated in a written request signed | ||||||
25 | by the recognized chairperson chairman or
presiding officer of |
| |||||||
| |||||||
1 | the chief managing committee of a political party in
such city, | ||||||
2 | village or incorporated town; and a record shall be kept in the
| ||||||
3 | office of the election commissioners of all appointments of | ||||||
4 | such
canvassers. In making such canvass no person shall refuse | ||||||
5 | to answer
questions and give the information asked for and | ||||||
6 | known to him or her.
| ||||||
7 | (Source: P.A. 82-373.)
| ||||||
8 | (10 ILCS 5/18-14) (from Ch. 46, par. 18-14)
| ||||||
9 | Sec. 18-14.
The judges of election shall make duplicate | ||||||
10 | statements of
the result of the canvass, which shall be written | ||||||
11 | or partly written and
partly printed. Each of the statements | ||||||
12 | shall contain a caption stating
the day on which, and the | ||||||
13 | number of the election precinct and the ward,
city and county, | ||||||
14 | in relation to which such statements shall be made, and
the | ||||||
15 | time of opening and closing of the polls of such election | ||||||
16 | precinct.
It shall also contain a statement showing the whole | ||||||
17 | number of votes
given for each person, designating the office | ||||||
18 | for which they were given,
which statement shall be written, or | ||||||
19 | partly written and partly printed,
in words at length; and in | ||||||
20 | case a proposition of any kind has been
submitted to a vote at | ||||||
21 | such election, such statements shall also show
the whole number | ||||||
22 | of votes cast for or against such proposition, written
out or | ||||||
23 | partly written and partly printed, in words at length, and at | ||||||
24 | the
end thereof a certificate that such statement is correct in | ||||||
25 | all
respects; which certificate, and each sheet of paper |
| |||||||
| |||||||
1 | forming part of the
statement, shall be subscribed by the | ||||||
2 | judges. If any judge shall decline
to sign such return, he | ||||||
3 | shall state his reason therefor in writing, and
a copy thereof, | ||||||
4 | signed by himself, shall be enclosed with each return.
Each of | ||||||
5 | the statements shall be enclosed in an envelope, which shall
| ||||||
6 | then be securely sealed with sealing wax or other adhesive | ||||||
7 | material; and
each of the judges shall write his name across | ||||||
8 | every fold at which the
envelope, if unfastened, could be | ||||||
9 | opened. One of the envelopes shall be
directed to the county | ||||||
10 | clerk and one to the comptroller of the city, or
to the officer | ||||||
11 | of such city whose duties correspond with those of
comptroller. | ||||||
12 | The judges of election shall make quadruplicate sets of
| ||||||
13 | tallies, and each set of tallies shall also be signed by the | ||||||
14 | judges of
the election. If, however, the number of established | ||||||
15 | political parties,
as defined in Section 10-2, exceeds 2, one | ||||||
16 | additional set of tallies
shall be made and signed for each | ||||||
17 | established political party in excess
of 2. Each set shall be | ||||||
18 | enclosed in an envelope, securely sealed and
signed in like | ||||||
19 | manner; and one of the envelopes shall be directed on the
| ||||||
20 | outside to the election commissioners and the other to the | ||||||
21 | city, village
or town clerk; the other two envelopes shall be | ||||||
22 | addressed, respectively,
to the chairmen of the county central | ||||||
23 | committees of the established
political parties. On the outside | ||||||
24 | of every envelope shall be endorsed
whether it contains the | ||||||
25 | statements of the votes cast or the tallies, and
for what | ||||||
26 | precinct and ward, village or town.
|
| |||||||
| |||||||
1 | However, in those jurisdictions where electronic voting | ||||||
2 | systems utilizing
in-precinct counting equipment are used, one | ||||||
3 | such envelope shall be transmitted
to the chairperson chairman | ||||||
4 | of the county central committee of each established political
| ||||||
5 | party and 2 such envelopes shall be transmitted to the board of | ||||||
6 | election
commissioners.
| ||||||
7 | Where voting machines or electronic voting systems are | ||||||
8 | used, the
provisions of this Section may be modified as | ||||||
9 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
10 | is applicable.
| ||||||
11 | At the nonpartisan and consolidated elections, the judges | ||||||
12 | of election
shall make a tally sheet and certificate of results | ||||||
13 | for each political
subdivision as to which candidates or public | ||||||
14 | questions are on the ballot
at such election, except where such | ||||||
15 | votes are to be canvassed by the
board of election | ||||||
16 | commissioners or by the city canvassing board provided
in | ||||||
17 | Section 22-8. The judges shall sign, seal in a marked envelope | ||||||
18 | and
deliver them to the county clerk with the other | ||||||
19 | certificates of results
herein required. Such tally sheets and | ||||||
20 | certificates of results may be
duplicates of the tally sheet | ||||||
21 | and certificate of results otherwise
required by this Section, | ||||||
22 | showing all votes for all candidates and
public questions voted | ||||||
23 | for or upon in the precinct, or may be on
separate forms | ||||||
24 | prepared by the election authority and showing only those
votes | ||||||
25 | cast for candidates and public questions of each such political
| ||||||
26 | subdivision.
|
| |||||||
| |||||||
1 | Within 2 days of delivery of complete returns of the | ||||||
2 | consolidated and
nonpartisan elections, the board of election | ||||||
3 | commissioners shall
transmit an original, sealed tally sheet | ||||||
4 | and certificate of results from
each precinct in its | ||||||
5 | jurisdiction in which candidates or public
questions of a | ||||||
6 | political subdivision were on the ballot to the local
election | ||||||
7 | official of such political subdivision where a local canvassing
| ||||||
8 | board is designated to canvass such votes. Each local election | ||||||
9 | official,
within 24 hours of receipt of all of the tally sheets | ||||||
10 | and certificates
of results for all precincts in which | ||||||
11 | candidates or public questions of
his political subdivision | ||||||
12 | were on the ballot, shall transmit such sealed
tally sheets and | ||||||
13 | certificates of results to the canvassing board for
that | ||||||
14 | political subdivision.
| ||||||
15 | In the case of referenda for the formation of a political | ||||||
16 | subdivision
the tally sheets and certificates of results shall | ||||||
17 | be transmitted by the
board of election commissioners to the | ||||||
18 | circuit court that ordered the
proposition submitted or to the | ||||||
19 | officials designated by the court to
conduct the canvass of | ||||||
20 | votes. In the case of school referenda for which
a regional | ||||||
21 | superintendent of schools is responsible for the canvass of
| ||||||
22 | votes, the board of election commissioners shall transmit the | ||||||
23 | tally
sheets and certificates of results to the regional | ||||||
24 | superintendent.
| ||||||
25 | (Source: P.A. 82-1014.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
| ||||||
2 | Sec. 21-1.
Choosing and election of electors of President | ||||||
3 | and
Vice-President of the United States shall be in the | ||||||
4 | following manner:
| ||||||
5 | (a) In each year in which a President and Vice-President of | ||||||
6 | the United
States are chosen, each political party or group in | ||||||
7 | this State shall choose
by its State Convention or State | ||||||
8 | central committee electors of President and Vice-President of | ||||||
9 | the
United States and such State Convention or State central | ||||||
10 | committee of such party or group shall also
choose electors at | ||||||
11 | large, if any are to be appointed for this State and
such State | ||||||
12 | Convention or State central committee of such party or group | ||||||
13 | shall by its chairperson chairman and
secretary certify the | ||||||
14 | total list of such electors together with electors at
large so | ||||||
15 | chosen to the State Board of Elections.
| ||||||
16 | The filing of such certificate with the Board, of such | ||||||
17 | choosing of
electors shall be deemed and taken to be the | ||||||
18 | choosing and selection of the
electors of this State, if such | ||||||
19 | party or group is successful at the polls
as herein provided in | ||||||
20 | choosing their candidates for President and
Vice-President of | ||||||
21 | the United States.
| ||||||
22 | (b) The names of the candidates of the several political | ||||||
23 | parties or
groups for electors of President and Vice-President | ||||||
24 | shall not be printed on
the official ballot to be voted in the | ||||||
25 | election to be held on the day in
this Act above named. In lieu | ||||||
26 | of the names of the candidates for such
electors of President |
| |||||||
| |||||||
1 | and Vice-President, immediately under the appellation
of party | ||||||
2 | name of a party or group in the column of its candidates on the
| ||||||
3 | official ballot, to be voted at said election first above named | ||||||
4 | in
subsection (1) of Section 2A-1.2 and Section 2A-2, there | ||||||
5 | shall be printed
within a bracket the name of the candidate for
| ||||||
6 | President and the name of the candidate for Vice-President of | ||||||
7 | such party or
group with a square to the left of such bracket. | ||||||
8 | Each voter in this State
from the several lists or sets of | ||||||
9 | electors so chosen and selected by the
said respective | ||||||
10 | political parties or groups, may choose and elect one of
such | ||||||
11 | lists or sets of electors by placing a cross in the square to | ||||||
12 | the left
of the bracket aforesaid of one of such parties or | ||||||
13 | groups. Placing a cross
within the square before the bracket | ||||||
14 | enclosing the names of President and
Vice-President shall not | ||||||
15 | be deemed and taken as a direct vote for such
candidates for | ||||||
16 | President and Vice-President, or either of them, but shall
only | ||||||
17 | be deemed and taken to be a vote for the entire list or set of
| ||||||
18 | electors chosen by that political party or group so certified | ||||||
19 | to the State
Board of Elections as herein provided. Voting by | ||||||
20 | means of placing a cross
in the appropriate place preceding the | ||||||
21 | appellation or title of the
particular political party or | ||||||
22 | group, shall not be deemed or taken as a
direct vote for the | ||||||
23 | candidates for President and Vice-President, or either
of them, | ||||||
24 | but instead to the Presidential vote, as a vote for the entire
| ||||||
25 | list or set of electors chosen by that political party or group | ||||||
26 | so
certified to the State Board of Elections as herein |
| |||||||
| |||||||
1 | provided.
| ||||||
2 | (c) Such certification by the respective political parties | ||||||
3 | or groups in
this State of electors of President and | ||||||
4 | Vice-President shall be made to the
State Board of Elections | ||||||
5 | within 2 days after such State convention or meeting of the | ||||||
6 | State central committee in which the electors were chosen.
| ||||||
7 | (d) Should more than one certificate of choice and | ||||||
8 | selection of electors
of the same political party or group be | ||||||
9 | filed by contesting conventions or
contesting groups, it shall | ||||||
10 | be the duty of the State Board of Elections
within 10 days | ||||||
11 | after the adjournment of the last of such conventions to
meet | ||||||
12 | and determine which set of nominees for electors of such party | ||||||
13 | or
group was chosen and selected by the authorized convention | ||||||
14 | of such party or
group. The Board, after notice to the | ||||||
15 | chairperson chairman and secretaries or managers
of the | ||||||
16 | conventions or groups and after a hearing shall determine which | ||||||
17 | set
of electors was so chosen by the authorized convention and | ||||||
18 | shall so
announce and publish the fact, and such decision shall | ||||||
19 | be final and the set
of electors so determined upon by the | ||||||
20 | electoral board to be so chosen shall
be the list or set of | ||||||
21 | electors to be deemed elected if that party shall be
successful | ||||||
22 | at the polls, as herein provided.
| ||||||
23 | (e) Should a vacancy occur in the choice of an elector in a
| ||||||
24 | congressional district, such vacancy may be filled by the | ||||||
25 | executive
committee of the party or group for such | ||||||
26 | congressional district, to be
certified by such committee to |
| |||||||
| |||||||
1 | the State Board of Elections. Should a
vacancy occur in the | ||||||
2 | office of elector at large, such vacancy shall be
filled by the | ||||||
3 | State committee of such political party or group, and
certified | ||||||
4 | by it to the State Board of Elections.
| ||||||
5 | (Source: P.A. 99-522, eff. 6-30-16.)
| ||||||
6 | (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
| ||||||
7 | Sec. 22-1. Abstracts of votes. Within 21 days after the
| ||||||
8 | close of the
election at which candidates for offices | ||||||
9 | hereinafter named in this Section are
voted upon, the election | ||||||
10 | authorities of the respective counties shall open the returns | ||||||
11 | and make abstracts of
the votes on a separate sheet for each of | ||||||
12 | the following:
| ||||||
13 | A. For Governor and Lieutenant Governor;
| ||||||
14 | B. For State officers;
| ||||||
15 | C. For presidential electors;
| ||||||
16 | D. For United States Senators and Representatives to | ||||||
17 | Congress;
| ||||||
18 | E. For judges of the Supreme Court;
| ||||||
19 | F. For judges of the Appellate Court;
| ||||||
20 | G. For judges of the circuit court;
| ||||||
21 | H. For Senators and Representatives to the General | ||||||
22 | Assembly;
| ||||||
23 | I. For State's Attorneys elected from 2 or more | ||||||
24 | counties;
| ||||||
25 | J. For amendments to the Constitution, and for other |
| |||||||
| |||||||
1 | propositions
submitted to the electors of the entire State;
| ||||||
2 | K. For county officers and for propositions submitted | ||||||
3 | to the
electors of the county only;
| ||||||
4 | L. For Regional Superintendent of Schools;
| ||||||
5 | M. For trustees of Sanitary Districts; and
| ||||||
6 | N. For Trustee of a Regional Board of School Trustees.
| ||||||
7 | Each sheet shall report the returns by precinct or ward. | ||||||
8 | Multiple originals of each of the sheets shall be prepared | ||||||
9 | and one of
each shall be turned over to the chairperson | ||||||
10 | chairman of the county central
committee of each of the then | ||||||
11 | existing established political parties, as
defined in Section | ||||||
12 | 10-2, or his duly authorized representative
immediately after | ||||||
13 | the completion of the entries on the sheets and before
the | ||||||
14 | totals have been compiled.
| ||||||
15 | The foregoing abstracts shall be preserved by the election | ||||||
16 | authority in its office.
| ||||||
17 | Whenever any county clerk is unable to canvass the vote,
| ||||||
18 | the deputy county clerk or a designee of the county clerk shall | ||||||
19 | serve in his or her place.
| ||||||
20 | The powers and duties of the election authority canvassing | ||||||
21 | the votes are limited to
those specified in this Section.
| ||||||
22 | No person who is shown by the election authority's | ||||||
23 | proclamation to have been elected at the consolidated election | ||||||
24 | or general election as a write-in candidate shall take office | ||||||
25 | unless that person has first filed with the certifying office | ||||||
26 | or board a statement of candidacy pursuant to Section 7-10 or |
| |||||||
| |||||||
1 | Section 10-5, a statement pursuant to Section 7-10.1, and a | ||||||
2 | receipt for filing a statement of economic interests in | ||||||
3 | relation to the unit of government to which he or she has been | ||||||
4 | elected. For officers elected at the consolidated election, the | ||||||
5 | certifying officer shall notify the election authority of the | ||||||
6 | receipt of those documents, and the county clerk shall issue | ||||||
7 | the certification of election under the provisions of Section | ||||||
8 | 22-18. | ||||||
9 | (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; | ||||||
10 | 95-331, eff. 8-21-07.)
| ||||||
11 | (10 ILCS 5/22-4) (from Ch. 46, par. 22-4)
| ||||||
12 | Sec. 22-4.
On the day appointed, the clerk and the | ||||||
13 | chairperson chairmen (or vice-chairperson
vice-chairman or | ||||||
14 | secretary, as the case may be) of the county central
committees | ||||||
15 | of the Republican and Democratic parties and other canvassers,
| ||||||
16 | or, in case of their absence the state's attorney or sheriff, | ||||||
17 | shall attend,
and the parties interested shall appear and | ||||||
18 | determine by lot which of them
is to be declared elected; and | ||||||
19 | the clerk shall issue his certificate of
election to the person | ||||||
20 | thus declared elected.
| ||||||
21 | (Source: Laws 1955, p. 1015.)
| ||||||
22 | (10 ILCS 5/22-8)
(from Ch. 46, par. 22-8)
| ||||||
23 | Sec. 22-8. In municipalities operating under Article 6 of | ||||||
24 | this Act,
within 21 days after the close of such election, the |
| |||||||
| |||||||
1 | board of election
commissioners
shall open all returns and | ||||||
2 | shall make abstracts or
statements of the votes for all offices | ||||||
3 | and questions voted on at the election.
| ||||||
4 | Each abstract or statement shall report the returns by | ||||||
5 | precinct or ward.
| ||||||
6 | Multiple originals of each of the abstracts or statements | ||||||
7 | shall be prepared and one of
each shall be turned over to the | ||||||
8 | chairperson chairman of the county central committee
of each of | ||||||
9 | the then existing established political parties, as defined in
| ||||||
10 | Section 10-2.
| ||||||
11 | (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; | ||||||
12 | 95-331, eff. 8-21-07.)
| ||||||
13 | (10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
| ||||||
14 | Sec. 22-15. The election
authority shall, upon request,
and | ||||||
15 | by mail if so requested, furnish free of charge to any | ||||||
16 | candidate for any office, whose name appeared
upon the ballot | ||||||
17 | within the jurisdiction of
the election
authority, a copy of | ||||||
18 | the abstract
of votes by precinct or ward for all candidates | ||||||
19 | for the office for which such
person was a candidate. Such | ||||||
20 | abstract shall be furnished no later than 2
days after the | ||||||
21 | receipt of the request or 8 days after the completing of the
| ||||||
22 | canvass, whichever is later.
| ||||||
23 | Within one calendar day following the canvass and
| ||||||
24 | proclamation of each general
primary election and general | ||||||
25 | election, each election authority shall transmit
to the |
| |||||||
| |||||||
1 | principal office of the State Board of Elections copies of the | ||||||
2 | abstracts
of votes by precinct or ward for the offices of
ward, | ||||||
3 | township, and precinct committeeperson committeeman via | ||||||
4 | overnight mail so that the
abstract of votes arrives at the | ||||||
5 | address the following calendar day. Each
election authority | ||||||
6 | shall
also transmit to the principal office of the State Board | ||||||
7 | of Elections copies
of current precinct poll lists.
| ||||||
8 | (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; | ||||||
9 | 95-331, eff. 8-21-07.)
| ||||||
10 | (10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
| ||||||
11 | Sec. 22-15.1. (a) Within 60 days following the canvass
of | ||||||
12 | the general election within each election jurisdiction, the | ||||||
13 | election
authority shall
prepare, in typewritten or legible | ||||||
14 | computer-generated form, a report of the
abstracts of votes by | ||||||
15 | precinct for all offices and
questions of public policy in | ||||||
16 | connection with which votes were cast within
the election | ||||||
17 | jurisdiction at the general election. The report shall
include | ||||||
18 | the total number of ballots cast within each precinct or ward | ||||||
19 | and the
total
number of registered voters within each precinct | ||||||
20 | or ward. The election
authority shall provide a copy of the | ||||||
21 | report to the chairperson chairman of the county
central | ||||||
22 | committee of each established political party in the county | ||||||
23 | within
which the election jurisdiction is contained, and shall | ||||||
24 | make a reasonable
number of copies of the report available for | ||||||
25 | distribution to the public.
|
| |||||||
| |||||||
1 | (b) Within 60 days after the effective date of this | ||||||
2 | amendatory Act of
1985, each election authority shall prepare, | ||||||
3 | in typewritten or legible
computer-generated form, a report of | ||||||
4 | the type required
by subsection (a) concerning the general | ||||||
5 | election of 1984. The election
authority shall provide a copy | ||||||
6 | of the report to the chairperson chairman of the county
central | ||||||
7 | committee of each established political party in the county in
| ||||||
8 | which the election jurisdiction is contained, and shall make a | ||||||
9 | reasonable
number of copies of the report available for | ||||||
10 | distribution to the public.
| ||||||
11 | (c) An election authority may charge a fee to reimburse the | ||||||
12 | actual cost
of duplicating each copy of a report provided | ||||||
13 | pursuant to subsection (a) or
(b).
| ||||||
14 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
15 | (10 ILCS 5/24-13) (from Ch. 46, par. 24-13)
| ||||||
16 | Sec. 24-13.
Four sets of ballot labels for use in each | ||||||
17 | voting
machine shall be provided for each polling place for | ||||||
18 | each election by
the election authority.
There shall also be | ||||||
19 | furnished all other necessary materials or supplies
for the | ||||||
20 | proper use of the voting machines, including durable | ||||||
21 | transparent
noninflammable covering at least 1/16 inch thick | ||||||
22 | with which all the
ballot labels shall be securely covered to | ||||||
23 | prevent shifting, tampering
with or mutilations of the ballot | ||||||
24 | labels, facsimile diagrams, return
sheets, certificates, forms | ||||||
25 | and materials of all kinds provided for in
this Article. The |
| |||||||
| |||||||
1 | election authority shall before the
day of election, cause the | ||||||
2 | proper ballot labels, together with the
transparent protective | ||||||
3 | covering for same, to be put upon each machine,
corresponding | ||||||
4 | with the sample ballot labels herein provided for, and the
| ||||||
5 | machine in every way to be put in order, set and adjusted, | ||||||
6 | ready for use
in voting when delivered at the precinct polling | ||||||
7 | places and for the
purpose of so labeling the machine, putting | ||||||
8 | in order, setting and
adjusting the same, they may employ one | ||||||
9 | competent person to be known as
the voting machine custodian | ||||||
10 | and additional deputy custodians as
required. The election | ||||||
11 | authority
shall, preceding each
election day, holding a meeting | ||||||
12 | or meetings for the purpose of
instructing all election | ||||||
13 | precinct officials who are to serve in an
election precinct | ||||||
14 | where voting machines are to be used. Before preparing
any | ||||||
15 | voting machines for any election, the election authority shall | ||||||
16 | cause written
notices to be sent to the chairperson chairman of | ||||||
17 | the county central committee of
each political party having a | ||||||
18 | candidate or candidates on the ballot, or
the chairperson | ||||||
19 | chairman of each municipal or township
committee of each | ||||||
20 | political
party having candidates on the ballot, in the case of | ||||||
21 | a municipal or township
election, stating the times when, and | ||||||
22 | the place
or places where,
the voting machines will be prepared | ||||||
23 | for the election; they shall also
cause written notices to be | ||||||
24 | sent to the chairperson chairman or presiding officer of
any | ||||||
25 | organization of citizens within the county, or other political | ||||||
26 | subdivision,
having as its purpose, or among its purposes or |
| |||||||
| |||||||
1 | interests, the
prevention, investigation or prosecution of | ||||||
2 | election frauds, which has
registered its name and address and | ||||||
3 | the names of its principal officers
with the officer, officers | ||||||
4 | or board having charge of the preparation of
the machines for | ||||||
5 | the election, at least 40 days before such
election, stating | ||||||
6 | the times when, and the place or places where, the
voting | ||||||
7 | machines will be prepared for the election, at which times and
| ||||||
8 | place or places, one representative of each such political | ||||||
9 | party,
certified by the respective chairperson chairman of the | ||||||
10 | county managing committee of
each such political party, or the | ||||||
11 | chairperson chairman of the municipal or township
committee in | ||||||
12 | the case of a municipal or township
election, and one
| ||||||
13 | representative of each such candidate, certified by such | ||||||
14 | candidate, and
one representative of each organization of | ||||||
15 | citizens, certified by the
respective chairperson chairman or | ||||||
16 | presiding officers of such organizations shall be
entitled to | ||||||
17 | be present and see that the machines are properly prepared
and | ||||||
18 | tested and placed in proper condition and order for use at the
| ||||||
19 | election. The custodian or custodians of voting machines and | ||||||
20 | the party
representatives shall take the constitutional oath of | ||||||
21 | office. It shall
be the privilege of such party and | ||||||
22 | organization representatives to be
present at the preparation | ||||||
23 | of the voting machines for the election and
to see that each | ||||||
24 | machine is tested for accuracy and is properly prepared
and | ||||||
25 | that all registering counters are set at zero. The custodian | ||||||
26 | shall,
in the presence of the party and candidate and |
| |||||||
| |||||||
1 | organization
representatives, prepare the voting machine for | ||||||
2 | the election and set all
registering counters at zero, and he | ||||||
3 | shall then, assisted by the
watchers, test each such | ||||||
4 | registering counter for accuracy by casting
votes upon it, and | ||||||
5 | such testing shall be done in the presence of the
watchers, | ||||||
6 | until each such registering counter is correctly registering
| ||||||
7 | each vote cast upon it, and each certificate for each machine | ||||||
8 | shall
state that this has been done, and the custodians shall | ||||||
9 | then, in the
presence of the party and candidate and | ||||||
10 | organization representatives,
reset each registering counter | ||||||
11 | to zero, and shall then immediately seal
the voting machine | ||||||
12 | with a numbered metal seal, and a record of the
number on the | ||||||
13 | seal shall then and there be made by the custodian on the
| ||||||
14 | certificate for that machine and the seal shall be so placed as | ||||||
15 | to
prevent operation of the machine or its registering counters | ||||||
16 | without
breaking the seal, and the custodian shall then | ||||||
17 | immediately make a
record on the certificate for that machine | ||||||
18 | of the reading shown on the
protective counter. Immediately | ||||||
19 | after each machine has been so tested
and prepared for the | ||||||
20 | election, it shall be the duty of such custodian or
custodians | ||||||
21 | to make a certificate in writing which shall be filed in the
| ||||||
22 | office of the election authority, stating the serial
number of | ||||||
23 | each voting
machine, whether or not such machine has all the | ||||||
24 | registering counters
set at zero, whether or not such machine | ||||||
25 | has been tested by voting on
each registering counter so as to | ||||||
26 | prove that each such registering
counter is in perfect and |
| |||||||
| |||||||
1 | accurate working condition, the number
registered on the | ||||||
2 | protective counter, and the number on the metal seal
with which | ||||||
3 | the machine is sealed against operation. Unless objection is
| ||||||
4 | filed, within 2 days, with the election authority, to the use
| ||||||
5 | of a particular machine or
machines, such voting machine or | ||||||
6 | machines when certified to be correct
by the custodian shall be | ||||||
7 | conclusively presumed to have been properly
prepared for use at | ||||||
8 | the election for which they were prepared. Any
objection filed | ||||||
9 | shall particularly set forth the number of the machine
objected | ||||||
10 | to, and the particulars or basis for the objection. The machine
| ||||||
11 | shall then be locked so that it cannot be operated or voted | ||||||
12 | upon without
first unlocking it and the keys shall be at once | ||||||
13 | returned to the custody
of the election authority, and the | ||||||
14 | election authority shall cause the
machine so labeled in order, | ||||||
15 | set and adjusted, to be delivered at the
polling place, | ||||||
16 | together with all necessary furniture and appliances that
go | ||||||
17 | with the same, not later than one hour before the hour at which | ||||||
18 | the
polls are to be opened. The election authority shall | ||||||
19 | deliver the keys,
which unlock the
voting mechanism and the | ||||||
20 | registering counters or counter compartment of
the voting | ||||||
21 | machine, to the precinct election board, not earlier than
noon | ||||||
22 | on the Saturday preceding the election day, nor later than one | ||||||
23 | hour
before the opening of the polls, and shall receive and | ||||||
24 | file a receipt
therefor. The keys shall be enclosed in a sealed | ||||||
25 | envelope on which shall
be written or printed: (1) The name, | ||||||
26 | number of or designation of the
election precinct or district; |
| |||||||
| |||||||
1 | (2) The number of the voting machine; (3)
The number of the | ||||||
2 | seal with which the machine is sealed; (4) The number
| ||||||
3 | registered on the protective counter or device as reported by | ||||||
4 | the
custodian. No precinct election official shall break the | ||||||
5 | seal of such
envelope except in the presence of all members of | ||||||
6 | the precinct election
board, and such envelope shall not be | ||||||
7 | opened until it shall have been
examined by each member of the | ||||||
8 | precinct election board to see that it
has not been previously | ||||||
9 | opened. Such envelope shall not be opened until
it shall have | ||||||
10 | been found that the numbers and records recorded thereon
are | ||||||
11 | correct and agree in every respect with the numbers and records | ||||||
12 | as
shown on the machine. If any such number is found not to | ||||||
13 | agree with the
numbers on the machine, the envelope shall not | ||||||
14 | be opened until the
precinct election officials shall have | ||||||
15 | notified the
election authority, and until the election | ||||||
16 | authority
or some other person authorized by the election | ||||||
17 | authority shall have
presented himself at the polling place for
| ||||||
18 | the purpose of re-examining the machine, and shall have | ||||||
19 | certified that
it is properly arranged after testing and | ||||||
20 | examining it. On the morning
of the election the precinct | ||||||
21 | election officials shall meet in the
polling place at least one | ||||||
22 | hour before the time for opening the polls.
They shall see that | ||||||
23 | the sample ballot labels and instructions for voting
are posted | ||||||
24 | properly, and prominently so that the voters can have easy
| ||||||
25 | access to them and that the instruction model is placed on the | ||||||
26 | precinct
election officials' table and that everything is in |
| |||||||
| |||||||
1 | readiness for voting
at the hour of opening the polls. They | ||||||
2 | shall also see that the voting
machine is properly illuminated | ||||||
3 | in accordance with the equipment
furnished. The precinct | ||||||
4 | election officials shall compare the ballot
labels on the | ||||||
5 | machine with the sample ballots and return sheets, see
that | ||||||
6 | they are correct, examine and see that all the registering | ||||||
7 | counters
in the machine are set at zero (0) or if the machine | ||||||
8 | is equipped with a
device which will automatically record the | ||||||
9 | number on the registering
columns on the back of the machine to | ||||||
10 | recording sheets of paper and the
said paper can be removed | ||||||
11 | without opening the back of the machine, that
all of the said | ||||||
12 | registering counters for each candidate as appears on
the said | ||||||
13 | recording sheet registers (0) and that the public counter is
| ||||||
14 | also set at zero (0) and that the machine is otherwise in | ||||||
15 | perfect order
and they shall compare and record the number on | ||||||
16 | the metal seal with
which the voting machine is sealed, with | ||||||
17 | the number furnished them as
recorded on the envelope | ||||||
18 | containing the keys, by the election authority,
and if the | ||||||
19 | number on the seal and the number on the protective
counter do | ||||||
20 | not agree with the numbers supplied to them, they shall not
| ||||||
21 | open the polls, but shall notify the election authority, and | ||||||
22 | the election
authority or its authorized representatives or
| ||||||
23 | custodian, shall, as soon as may be, test, examine and set the | ||||||
24 | machine
in the same manner as is provided in this section for | ||||||
25 | the testing,
setting and preparation of voting machines for an | ||||||
26 | election. If, after
being so tested and examined, it is found |
| |||||||
| |||||||
1 | that such voting machine is in
perfect working order, all | ||||||
2 | registering counters shall be set at zero
(0), the reading of | ||||||
3 | the protective counter shall be read and recorded
and the | ||||||
4 | precinct election officials may proceed with the opening of the
| ||||||
5 | polls. If such machine be found not to be in perfect working | ||||||
6 | order as
hereinbefore provided, it shall not be used in the | ||||||
7 | election, but shall
be replaced with another machine which is | ||||||
8 | in perfect working order,
properly set, tested and sealed, and | ||||||
9 | the election board shall then
proceed to examine such machine | ||||||
10 | in the same manner as is provided in
this section for the | ||||||
11 | examination of each voting machine by the election
board before | ||||||
12 | the opening of the polls. They shall not thereafter permit
the | ||||||
13 | counters to be operated or moved except by electors in voting, | ||||||
14 | and
they shall also see that all necessary arrangements and | ||||||
15 | adjustments are
made for voting irregular ballots on the | ||||||
16 | machine. Each precinct election
official shall sign a | ||||||
17 | certificate which shall certify that he has
complied with all | ||||||
18 | the provisions of this Article, and that, before the
polls were | ||||||
19 | declared open, he found the ballot labels to be in their
proper | ||||||
20 | places and to exactly agree with the facsimile diagrams and
| ||||||
21 | return or recording sheet belonging to that precinct; all | ||||||
22 | registering
counters set at zero (0); the number on the metal | ||||||
23 | seal and the number on
the protective counter exactly agree | ||||||
24 | with the records furnished by the
election authority; the metal | ||||||
25 | seal actually was sealed so as to prevent
movement of the | ||||||
26 | voting machine mechanism without first breaking the
seal; all |
| |||||||
| |||||||
1 | ballot labels were clean and without marks of any kind upon
| ||||||
2 | them and they were in no way defaced or mutilated. When voting | ||||||
3 | machines
are used in an election precinct, the watchers or | ||||||
4 | challengers
representing the various political parties, | ||||||
5 | candidates and citizens'
organizations, provided by law to be | ||||||
6 | present shall be permitted to be
present from the time the | ||||||
7 | precinct election board convenes on election
morning until the | ||||||
8 | completion of the canvass after the close of the
polls. Such | ||||||
9 | watchers shall be permitted to carefully examine each voting
| ||||||
10 | machine before the polls are declared open and to compare the | ||||||
11 | number of
the metal seal and the number on the protective | ||||||
12 | counter with their own
records, and to see that all ballot | ||||||
13 | labels are in their proper places,
and that the machine | ||||||
14 | registering counters are all set at zero (0), and
that the | ||||||
15 | machine or machines are in every way ready for voting at the
| ||||||
16 | opening of the polls. If it is found that the ballot labels are | ||||||
17 | not in
their proper places on the machine, or that they fail to | ||||||
18 | conform in any
respect, with the facsimile diagrams and return | ||||||
19 | sheets belonging to the
precinct, the precinct election | ||||||
20 | officials shall not use such machine but
shall at once notify | ||||||
21 | the proper election authority,
and such machine shall not be | ||||||
22 | used until the election authority or person
authorized by it, | ||||||
23 | shall have
supplied the proper ballot labels, and shall have | ||||||
24 | placed such proper
ballot labels in their proper places, and | ||||||
25 | they shall have been found to
be correct by the precinct | ||||||
26 | election officials and watchers. If any
registering counter |
| |||||||
| |||||||
1 | shall be found not to be set at zero (0), the
precinct election | ||||||
2 | officials shall immediately notify the custodian or
officer or | ||||||
3 | officers or board having charge of the preparation of the
| ||||||
4 | voting machines for the election or primary, and the election | ||||||
5 | authority
or person authorized by him or them
or it shall | ||||||
6 | adjust
such registering counter or counters to zero (0), in the | ||||||
7 | presence of all
the precinct election officials and watchers | ||||||
8 | serving in such election
district.
| ||||||
9 | (Source: P.A. 80-1469.)
| ||||||
10 | (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
| ||||||
11 | Sec. 24A-10. (1) In an election jurisdiction which has | ||||||
12 | adopted an
electronic voting system, the election official in | ||||||
13 | charge of the
election shall select one of the 3 following | ||||||
14 | procedures for receiving,
counting, tallying, and return of the | ||||||
15 | ballots:
| ||||||
16 | (a) Two ballot boxes shall be provided for each polling | ||||||
17 | place. The
first ballot box is for the depositing of votes cast | ||||||
18 | on the electronic
voting system; and the second ballot box is | ||||||
19 | for all votes cast on paper
ballots, including any
paper | ||||||
20 | ballots
required to be voted other than on the electronic | ||||||
21 | voting system.
Ballots
deposited in the second
ballot box shall | ||||||
22 | be counted, tallied, and returned as is elsewhere
provided in | ||||||
23 | "The Election Code," as amended, for the counting and
handling | ||||||
24 | of paper ballots. Immediately after the closing of the polls, | ||||||
25 | the judges of election shall make out a slip indicating the
|
| |||||||
| |||||||
1 | number of persons who voted in the precinct at the election. | ||||||
2 | Such slip
shall be signed by all the judges of election and | ||||||
3 | shall be inserted by
them in the first ballot box. The judges | ||||||
4 | of election shall thereupon
immediately lock each ballot box; | ||||||
5 | provided, that if
such box is not of a type which may be | ||||||
6 | securely locked, such box shall be
sealed with filament tape | ||||||
7 | provided for such purpose
which shall be wrapped around the box | ||||||
8 | lengthwise and crosswise, at least
twice each way, and in such | ||||||
9 | manner that the seal completely covers the
slot in the ballot | ||||||
10 | box, and each of the judges shall sign such seal. Thereupon
two | ||||||
11 | of the judges of election, of different political parties, | ||||||
12 | shall
forthwith and by the most direct route transport both | ||||||
13 | ballot boxes to
the counting location designated by the county | ||||||
14 | clerk or board of
election commissioners.
| ||||||
15 | Before the ballots of a precinct are fed to the electronic | ||||||
16 | tabulating
equipment, the first ballot box shall be opened at | ||||||
17 | the central counting
station by the two precinct transport | ||||||
18 | judges. Upon opening a ballot box,
such team shall first count | ||||||
19 | the number of ballots in the box. If 2 or
more are folded | ||||||
20 | together so as to appear to have been cast by the same
person, | ||||||
21 | all of the ballots so folded together shall be marked and
| ||||||
22 | returned with the other ballots in the same condition, as near | ||||||
23 | as may
be, in which they were found when first opened, but | ||||||
24 | shall not be
counted. If the remaining ballots are found to | ||||||
25 | exceed the number of
persons voting in the precinct as shown by | ||||||
26 | the slip signed by the judges
of election, the ballots shall be |
| |||||||
| |||||||
1 | replaced in the box, and the box
closed and well shaken and | ||||||
2 | again opened and one of the precinct
transport judges shall | ||||||
3 | publicly draw out so many ballots unopened as are
equal to such | ||||||
4 | excess.
| ||||||
5 | Such excess ballots shall be marked "Excess-Not Counted" | ||||||
6 | and signed
by the two precinct transport judges and shall be | ||||||
7 | placed in the "After
7:00 p.m. Defective Ballots Envelope". The | ||||||
8 | number of excess ballots
shall be noted in the remarks section | ||||||
9 | of the Certificate of Results.
"Excess" ballots shall not be | ||||||
10 | counted in the total of "defective"
ballots.
| ||||||
11 | The precinct transport judges shall then examine the | ||||||
12 | remaining
ballots for write-in votes and shall count and | ||||||
13 | tabulate the write-in
vote; or
| ||||||
14 | (b) A single ballot box, for the deposit of all votes cast, | ||||||
15 | shall be
used. All ballots which are not to be tabulated on the | ||||||
16 | electronic voting
system shall be counted, tallied, and | ||||||
17 | returned as elsewhere provided in
"The Election Code," as | ||||||
18 | amended, for the counting and handling of paper
ballots.
| ||||||
19 | All ballots to be processed and tabulated with the | ||||||
20 | electronic voting
system shall be processed as follows:
| ||||||
21 | Immediately after the closing of the polls, the precinct | ||||||
22 | judges of
election then shall open the ballot box and canvass | ||||||
23 | the votes polled to
determine that the number of ballots | ||||||
24 | therein agree with the number of
voters voting as shown by the | ||||||
25 | applications for ballot or if the same do
not agree the judges | ||||||
26 | of election shall make such ballots agree with the
applications |
| |||||||
| |||||||
1 | for ballot in the manner provided by Section 17-18 of "The
| ||||||
2 | Election Code." The judges of election shall then examine all | ||||||
3 | ballot cards and ballot card envelopes which
are in
the ballot | ||||||
4 | box to determine whether the
ballot cards and
ballot card | ||||||
5 | envelopes bear the initials of a precinct judge of election.
If | ||||||
6 | any ballot card or ballot card envelope is not
initialed, it | ||||||
7 | shall be marked on the back "Defective," initialed as to
such | ||||||
8 | label by all judges immediately under such word "Defective," | ||||||
9 | and
not counted, but placed in the envelope provided for that | ||||||
10 | purpose
labeled "Defective Ballots Envelope."
| ||||||
11 | When an electronic voting system is used which utilizes a | ||||||
12 | ballot
card, before separating the ballot cards from their | ||||||
13 | respective
covering envelopes, the judges of election shall | ||||||
14 | examine the ballot card
envelopes for write-in votes. When the | ||||||
15 | voter has voted a write-in vote,
the judges of election shall | ||||||
16 | compare the write-in vote with the votes on
the ballot card to | ||||||
17 | determine whether such write-in results in an
overvote for any | ||||||
18 | office. In case of an overvote for any office, the
judges of | ||||||
19 | election, consisting in each case of at least one judge of
| ||||||
20 | election of each of the two major political parties, shall make | ||||||
21 | a true
duplicate ballot of all votes on such ballot card except | ||||||
22 | for the office
which is overvoted, by using the ballot label | ||||||
23 | booklet of the precinct
and one of the marking devices of the | ||||||
24 | precinct so as to transfer all
votes of the voter except for | ||||||
25 | the office overvoted, to an official
ballot card of that kind | ||||||
26 | used in the precinct at that election. The
original ballot card |
| |||||||
| |||||||
1 | and envelope upon which there is an overvote shall
be clearly | ||||||
2 | labeled "Overvoted Ballot", and each shall bear the same
serial | ||||||
3 | number which shall be placed thereon by the judges of election,
| ||||||
4 | commencing with number 1 and continuing consecutively for the | ||||||
5 | ballots of
that kind in that precinct. The judges of election | ||||||
6 | shall initial the
"Duplicate Overvoted Ballot" ballot cards and | ||||||
7 | shall place them in the
box for return of the ballots. The | ||||||
8 | "Overvoted Ballot" ballots and their
envelopes shall be placed | ||||||
9 | in the "Duplicate Ballots" envelope. Envelopes
bearing | ||||||
10 | write-in votes marked in the place designated therefor and
| ||||||
11 | bearing the initials of a precinct judge of election and not | ||||||
12 | resulting
in an overvote and otherwise complying with the | ||||||
13 | election laws as to
marking shall be counted, tallied, and | ||||||
14 | their votes recorded on a tally
sheet provided by the election | ||||||
15 | official in charge of the election. The
ballot cards and ballot | ||||||
16 | card envelopes shall be separated and all except
any defective | ||||||
17 | or overvoted shall be placed separately in the box for
return | ||||||
18 | of the ballots. The judges of election shall examine the
| ||||||
19 | ballots and ballot cards to determine if any is damaged or | ||||||
20 | defective so
that it cannot be counted by the automatic | ||||||
21 | tabulating equipment. If any
ballot or ballot card is damaged | ||||||
22 | or defective so that it cannot properly
be counted by the | ||||||
23 | automatic tabulating equipment, the judges of
election, | ||||||
24 | consisting in each case of at least one judge of election of
| ||||||
25 | each of the two major political parties, shall make a true | ||||||
26 | duplicate
ballot of all votes on such ballot card by using the |
| |||||||
| |||||||
1 | ballot label
booklet of the precinct and one of the marking | ||||||
2 | devices of the precinct.
The original ballot or ballot card and | ||||||
3 | envelope shall be clearly labeled
"Damaged Ballot" and the | ||||||
4 | ballot or ballot card so produced "Duplicate
Damaged Ballot," | ||||||
5 | and each shall bear the same number which shall be
placed | ||||||
6 | thereon by the judges of election, commencing with number 1 and
| ||||||
7 | continuing consecutively for the ballots of that kind in the | ||||||
8 | precinct.
The judges of election shall initial the "Duplicate | ||||||
9 | Damaged Ballot"
ballot or ballot cards, and shall place them in | ||||||
10 | the box for return of
the ballots. The "Damaged Ballot" ballots | ||||||
11 | or ballot cards and their
envelopes shall be placed in the | ||||||
12 | "Duplicated Ballots" envelope. A slip
indicating the number of | ||||||
13 | voters voting in person shall be made out, signed by all
judges | ||||||
14 | of election, and inserted in the box for return of the ballots.
| ||||||
15 | The tally sheets recording the write-in votes shall be placed | ||||||
16 | in this
box. The judges of election thereupon immediately shall | ||||||
17 | securely lock the
ballot box or other suitable
box furnished | ||||||
18 | for return of the ballots by the election official in
charge of | ||||||
19 | the election; provided that if such box is not of a type which
| ||||||
20 | may be securely locked, such box shall be sealed with filament | ||||||
21 | tape provided
for such purpose which shall be wrapped around | ||||||
22 | the box lengthwise and crosswise,
at least twice each way. A | ||||||
23 | separate adhesive seal label signed by each of
the judges of | ||||||
24 | election of the precinct shall be affixed to the box so as
to | ||||||
25 | cover any slot therein and to identify the box of the precinct; | ||||||
26 | and
if such box is sealed with filament tape as provided herein |
| |||||||
| |||||||
1 | rather than
locked, such tape shall be wrapped around the box | ||||||
2 | as provided herein, but
in such manner that the separate | ||||||
3 | adhesive seal label affixed to the box
and signed by the judges | ||||||
4 | may not be removed without breaking the filament
tape and | ||||||
5 | disturbing the signature of the judges. Thereupon, 2 of the
| ||||||
6 | judges of election, of different major political parties, | ||||||
7 | forthwith shall
by the most direct route transport the box for
| ||||||
8 | return of the ballots and enclosed ballots and returns to the | ||||||
9 | central
counting location designated by the election official | ||||||
10 | in charge of the
election. If, however, because of the lack of | ||||||
11 | adequate parking
facilities at the central counting location or | ||||||
12 | for any other reason, it
is impossible or impracticable for the | ||||||
13 | boxes from all the polling places
to be delivered directly to | ||||||
14 | the central counting location, the election
official in charge | ||||||
15 | of the election may designate some other location to
which the | ||||||
16 | boxes shall be delivered by the 2 precinct judges. While at
| ||||||
17 | such other location the boxes shall be in the care and custody | ||||||
18 | of one or
more teams, each consisting of 4 persons, 2 from each | ||||||
19 | of the two major
political parties, designated for such purpose | ||||||
20 | by the election official
in charge of elections from | ||||||
21 | recommendations by the appropriate political
party | ||||||
22 | organizations. As soon as possible, the boxes shall be | ||||||
23 | transported
from such other location to the central counting | ||||||
24 | location by one or more
teams, each consisting of 4 persons, 2 | ||||||
25 | from each of the 2 major
political parties, designated for such | ||||||
26 | purpose by the election official
in charge of elections from |
| |||||||
| |||||||
1 | recommendations by the appropriate political
party | ||||||
2 | organizations.
| ||||||
3 | The "Defective Ballots" envelope, and "Duplicated Ballots" | ||||||
4 | envelope
each shall be securely sealed and the flap or end | ||||||
5 | thereof of each signed
by the precinct judges of election and | ||||||
6 | returned to the central counting
location with the box for | ||||||
7 | return of the ballots, enclosed ballots and
returns.
| ||||||
8 | At the central counting location, a team of tally judges | ||||||
9 | designated
by the election official in charge of the election | ||||||
10 | shall check the box
returned containing the ballots to | ||||||
11 | determine that all seals are intact,
and thereupon shall open | ||||||
12 | the box, check the voters' slip and compare the
number of | ||||||
13 | ballots so delivered against the total number of voters of the
| ||||||
14 | precinct who voted, remove the ballots or ballot cards and | ||||||
15 | deliver them
to the technicians operating the automatic | ||||||
16 | tabulating equipment. Any
discrepancies between the number of | ||||||
17 | ballots and total number of voters
shall be noted on a sheet | ||||||
18 | furnished for that purpose and signed by the
tally judges; or
| ||||||
19 | (c) A single ballot box, for the deposit of all votes cast, | ||||||
20 | shall be used.
Immediately after the closing of the polls, the | ||||||
21 | precinct judges of election shall
securely
lock the ballot box; | ||||||
22 | provided that if such box is not of a
type which may be | ||||||
23 | securely locked, such box shall be sealed with filament
tape | ||||||
24 | provided for such purpose which shall be wrapped around the box | ||||||
25 | lengthwise
and crosswise, at least twice each way.
A separate | ||||||
26 | adhesive seal label signed by each of the judges of election
of |
| |||||||
| |||||||
1 | the precinct shall be affixed to the box so as to cover any | ||||||
2 | slot therein
and to identify the box of the precinct; and if | ||||||
3 | such box is sealed with
filament tape as provided herein rather | ||||||
4 | than locked, such tape shall be
wrapped around the box as | ||||||
5 | provided herein, but in such manner that the separate
adhesive | ||||||
6 | seal label affixed to the box and signed by the judges may not
| ||||||
7 | be removed without breaking the filament tape and disturbing | ||||||
8 | the signature
of the judges. Thereupon, 2 of the judges
of | ||||||
9 | election, of different
major political parties, shall | ||||||
10 | forthwith by the most direct route transport
the box for return | ||||||
11 | of the ballots and enclosed vote by mail and early ballots
and | ||||||
12 | returns
to the central counting location designated by the | ||||||
13 | election official
in charge of the election. If however, | ||||||
14 | because of the lack of adequate
parking facilities at the | ||||||
15 | central counting location or for some other reason,
it is | ||||||
16 | impossible or impracticable for the boxes from all the polling | ||||||
17 | places
to be delivered directly to the central counting | ||||||
18 | location, the election
official in charge of the election may | ||||||
19 | designate some other location to
which the boxes shall be | ||||||
20 | delivered by the 2 precinct judges. While at
such other | ||||||
21 | location the boxes shall be in the care and custody of one or
| ||||||
22 | more teams, each consisting of 4 persons, 2 from each of the | ||||||
23 | two major
political
parties, designated for such purpose by the | ||||||
24 | election official in charge
of elections from recommendations | ||||||
25 | by the appropriate political party
organizations.
As soon as | ||||||
26 | possible, the boxes shall be transported from such other |
| |||||||
| |||||||
1 | location
to the central counting location by one or more teams, | ||||||
2 | each consisting of
4 persons, 2 from each of the 2 major | ||||||
3 | political parties, designated for
such purpose by the election | ||||||
4 | official in charge of the election from
recommendations
by the | ||||||
5 | appropriate political party organizations.
| ||||||
6 | At the central counting location there shall be one or more | ||||||
7 | teams of tally
judges who possess the same qualifications as | ||||||
8 | tally judges in election
jurisdictions
using paper ballots. The | ||||||
9 | number of such teams shall be determined by the
election | ||||||
10 | authority. Each team shall consist of 5 tally judges, 3 | ||||||
11 | selected
and approved by the county board from a certified list | ||||||
12 | furnished by the chairperson
chairman of the county central | ||||||
13 | committee of the party with the majority
of members on the | ||||||
14 | county board and 2 selected and approved by the county
board | ||||||
15 | from a certified list furnished by the chairperson chairman of | ||||||
16 | the county central
committee of the party with the second | ||||||
17 | largest number of members
on the county board. At the central | ||||||
18 | counting location a team of tally judges
shall open the ballot | ||||||
19 | box and canvass the votes polled to determine that
the number | ||||||
20 | of ballot sheets
therein agree with the number of voters voting | ||||||
21 | as shown by the applications
for ballot; and, if the same do | ||||||
22 | not agree, the tally judges shall make such
ballots agree with | ||||||
23 | the number of applications for ballot in the manner provided
by | ||||||
24 | Section 17-18 of the Election Code. The tally judges shall then | ||||||
25 | examine
all ballot sheets which are in the ballot box to | ||||||
26 | determine whether they
bear the initials of the precinct judge |
| |||||||
| |||||||
1 | of election. If any ballot is not
initialed, it shall be marked | ||||||
2 | on the back "Defective", initialed as to such
label by all | ||||||
3 | tally judges immediately under such word "Defective", and not
| ||||||
4 | counted, but placed in the envelope provided for that purpose | ||||||
5 | labeled
"Defective
Ballots Envelope". An overvote for one | ||||||
6 | office shall invalidate
only the vote or count of that | ||||||
7 | particular office.
| ||||||
8 | At the central counting location, a team of tally judges | ||||||
9 | designated
by the election official in charge of the election | ||||||
10 | shall deliver the ballot
sheets to the technicians operating | ||||||
11 | the automatic tabulating equipment.
Any discrepancies between | ||||||
12 | the number of ballots and total number of voters
shall be noted | ||||||
13 | on a sheet furnished for that purpose and signed by the tally
| ||||||
14 | judges.
| ||||||
15 | (2) Regardless of which procedure described in subsection | ||||||
16 | (1) of this
Section is used,
the judges of election designated | ||||||
17 | to transport the ballots, properly signed
and sealed as | ||||||
18 | provided herein, shall ensure that the ballots are delivered
to | ||||||
19 | the central counting station no later than 12 hours after the | ||||||
20 | polls close.
At the central counting station a team of tally | ||||||
21 | judges designated by the
election official in charge of the | ||||||
22 | election shall examine the ballots so
transported and shall not | ||||||
23 | accept ballots for tabulating which are not signed
and sealed | ||||||
24 | as provided in subsection (1) of this Section until the
judges | ||||||
25 | transporting the
same make and sign the necessary corrections. | ||||||
26 | Upon acceptance of the ballots
by a team of tally judges at the |
| |||||||
| |||||||
1 | central counting station, the election
judges transporting the | ||||||
2 | same shall take a receipt signed by the election
official in | ||||||
3 | charge of the election and stamped with the date and time of
| ||||||
4 | acceptance. The election judges whose duty it is to transport | ||||||
5 | any ballots
shall, in the event
such ballots cannot be found | ||||||
6 | when needed, on proper request, produce the
receipt which they | ||||||
7 | are to take as above provided.
| ||||||
8 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
9 | (10 ILCS 5/24A-11) (from Ch. 46, par. 24A-11)
| ||||||
10 | Sec. 24A-11.
All proceedings at the location for central | ||||||
11 | counting
shall be under the
direction of the county clerk or | ||||||
12 | board of election commissioners, as the
case may be. Except for | ||||||
13 | any specially trained technicians required for the
operation of | ||||||
14 | the automatic tabulating equipment, the employees at the
| ||||||
15 | counting station shall be equally divided between members of | ||||||
16 | the 2 leading
political parties and all duties performed by | ||||||
17 | such employees shall be by
teams consisting of an equal number | ||||||
18 | of members of each political party.
Thirty days before an | ||||||
19 | election the county clerk or board of election
commissioners | ||||||
20 | shall submit to the chairperson chairman of each political | ||||||
21 | party, for his
approval or disapproval, a list of persons of | ||||||
22 | his party proposed to be
employed. If a chairperson chairman | ||||||
23 | fails to notify the election authority of his
disapproval of | ||||||
24 | any proposed employee within a period of 10 days thereafter
the | ||||||
25 | list shall be deemed approved.
|
| |||||||
| |||||||
1 | (Source: P.A. 82-1014.)
| ||||||
2 | (10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
| ||||||
3 | Sec. 24A-15. The precinct return printed by the automatic | ||||||
4 | tabulating
equipment shall include the number of ballots cast
| ||||||
5 | and votes cast for each candidate and proposition and shall | ||||||
6 | constitute the
official return of each precinct. In addition to | ||||||
7 | the precinct return, the
election authority shall provide the | ||||||
8 | number of applications for ballots
in each precinct, the | ||||||
9 | write-in votes, the total number of ballots counted in
each | ||||||
10 | precinct for each political subdivision and district and the | ||||||
11 | number
of registered voters in each precinct. However, the | ||||||
12 | election authority
shall check the totals shown by the precinct | ||||||
13 | return and, if there is an
obvious discrepancy with respect to | ||||||
14 | the total number of votes cast in any
precinct, shall have the | ||||||
15 | ballots for such precinct retabulated to correct
the return. | ||||||
16 | The procedures for retabulation shall apply prior to and
after | ||||||
17 | the proclamation is completed; however, after the proclamation | ||||||
18 | of
results, the election authority must obtain a court order to | ||||||
19 | unseal voted
ballots except for election contests and discovery | ||||||
20 | recounts.
In those election jurisdictions that utilize | ||||||
21 | in-precinct counting
equipment, the certificate of results, | ||||||
22 | which has been prepared by the
judges of election after the | ||||||
23 | ballots have been
tabulated, shall be the document used for the | ||||||
24 | canvass of votes for such
precinct. Whenever a discrepancy | ||||||
25 | exists during the canvass of votes
between the unofficial |
| |||||||
| |||||||
1 | results and the certificate of results, or whenever
a | ||||||
2 | discrepancy exists during the canvass of votes between the | ||||||
3 | certificate of
results and the set of totals which has been | ||||||
4 | affixed to such certificate of
results, the ballots for such | ||||||
5 | precinct shall be retabulated to correct the
return. As an | ||||||
6 | additional part of this check prior to the proclamation, in
| ||||||
7 | those jurisdictions where in-precinct counting equipment is | ||||||
8 | utilized, the
election authority shall retabulate the total | ||||||
9 | number of votes cast in 5% of
the precincts within the election | ||||||
10 | jurisdiction, as well as 5% of the voting devices used in early | ||||||
11 | voting. The precincts and the voting devices to be
retabulated | ||||||
12 | shall be selected after election day on a random basis by the
| ||||||
13 | State Board of Elections, so that every precinct in the | ||||||
14 | election jurisdiction and every voting device used in early | ||||||
15 | voting has
an equal mathematical chance of being selected. The | ||||||
16 | State Board of
Elections shall design a standard and scientific | ||||||
17 | random method of selecting
the precincts and voting devices | ||||||
18 | which are to be retabulated. The State central committee | ||||||
19 | chairperson
chairman of each established political party shall | ||||||
20 | be given prior written notice of the time and place of
such | ||||||
21 | random selection procedure and may be represented at such | ||||||
22 | procedure.
Such retabulation shall consist of counting the | ||||||
23 | ballot cards which were
originally counted and shall not | ||||||
24 | involve any determination as to which
ballot cards were, in | ||||||
25 | fact, properly counted. The ballots from the
precincts selected | ||||||
26 | for such retabulation shall remain at all times under
the |
| |||||||
| |||||||
1 | custody and control of the election authority and shall be | ||||||
2 | transported
and retabulated by the designated staff of the | ||||||
3 | election authority.
| ||||||
4 | As part of such retabulation, the election authority shall | ||||||
5 | test the
computer program in the selected precincts and on the | ||||||
6 | selected early voting devices. Such test
shall be conducted by | ||||||
7 | processing a preaudited group of ballots so punched
so as to | ||||||
8 | record a predetermined number of valid votes for each candidate
| ||||||
9 | and on each public question, and shall include for each office | ||||||
10 | one or more
ballots which have votes in excess of the number | ||||||
11 | allowed by law in order
to test the ability of the equipment to | ||||||
12 | reject such votes. If any error
is detected, the cause therefor | ||||||
13 | shall be ascertained and corrected and an
errorless count shall | ||||||
14 | be made prior to the official canvass and proclamation
of | ||||||
15 | election results.
| ||||||
16 | The State Board of Elections, the State's Attorney and | ||||||
17 | other appropriate
law enforcement agencies, the county | ||||||
18 | chairperson chairman of each established political
party and | ||||||
19 | qualified civic organizations shall be given prior written | ||||||
20 | notice
of the time and place of such retabulation and may be | ||||||
21 | represented at such
retabulation.
| ||||||
22 | The results of this retabulation shall be treated in the | ||||||
23 | same manner and
have the same effect as the results of the | ||||||
24 | discovery procedures set forth
in Section 22-9.1 of this Act. | ||||||
25 | Upon completion of the retabulation, the
election authority | ||||||
26 | shall print a comparison of the results of the
retabulation |
| |||||||
| |||||||
1 | with the original precinct return printed by the automatic
| ||||||
2 | tabulating equipment. Such comparison shall be done for each | ||||||
3 | precinct and for each early voting device selected for testing | ||||||
4 | and
for each office voted upon within that precinct or on that | ||||||
5 | voting device, and the comparisons shall
be open to the public.
| ||||||
6 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
7 | (10 ILCS 5/24B-10)
| ||||||
8 | Sec. 24B-10. Receiving, Counting, Tallying and Return of
| ||||||
9 | Ballots; Acceptance of Ballots by Election Authority.
| ||||||
10 | (a) In an election jurisdiction which has adopted an | ||||||
11 | electronic Precinct
Tabulation Optical Scan Technology voting | ||||||
12 | system, the election
official in charge of the election shall | ||||||
13 | select one of the 3
following procedures for receiving, | ||||||
14 | counting, tallying, and
return of the ballots:
| ||||||
15 | (1) Two ballot boxes shall be provided for each polling
| ||||||
16 | place. The first ballot box is for the depositing of votes | ||||||
17 | cast
on the electronic voting system; and the second ballot | ||||||
18 | box is for
all votes cast on other ballots, including any | ||||||
19 | paper ballots required to be voted other than on
the | ||||||
20 | Precinct Tabulation Optical Scan Technology electronic | ||||||
21 | voting
system. Ballots deposited in the second
ballot box | ||||||
22 | shall be counted, tallied, and returned as is
elsewhere | ||||||
23 | provided in this Code for the
counting and handling of | ||||||
24 | paper ballots. Immediately after the
closing of the polls, | ||||||
25 | the
judges of election shall make out a slip
indicating the |
| |||||||
| |||||||
1 | number of persons who voted in the precinct at the
| ||||||
2 | election. The slip shall be signed by all the judges of
| ||||||
3 | election and shall be inserted by them in the first ballot | ||||||
4 | box.
The judges of election shall thereupon immediately | ||||||
5 | lock each
ballot box; provided, that if the box is not of a | ||||||
6 | type which may
be securely locked, the box shall be sealed | ||||||
7 | with filament tape
provided for the purpose that shall be | ||||||
8 | wrapped around the box
lengthwise and crosswise, at least | ||||||
9 | twice each way, and in a
manner that the seal completely | ||||||
10 | covers the slot in the ballot
box, and each of the judges | ||||||
11 | shall sign the seal. Two
of the judges of election, of | ||||||
12 | different political parties, shall
by the most direct route | ||||||
13 | transport both ballot
boxes to the counting location | ||||||
14 | designated by the county clerk or
board of election | ||||||
15 | commissioners.
| ||||||
16 | Before the ballots of a precinct are fed to the | ||||||
17 | electronic
Precinct Tabulation Optical Scan Technology | ||||||
18 | tabulating equipment,
the first ballot box shall be opened | ||||||
19 | at the central counting
station by the 2 precinct transport | ||||||
20 | judges. Upon opening a
ballot box, the team shall first | ||||||
21 | count the number of ballots in
the box. If 2 or more are | ||||||
22 | folded together to appear to
have been cast by the same | ||||||
23 | person, all of the ballots folded
together shall be marked | ||||||
24 | and returned with the other ballots in
the same condition, | ||||||
25 | as near as may be, in which they were found
when first | ||||||
26 | opened, but shall not be counted. If the remaining
ballots |
| |||||||
| |||||||
1 | are found to exceed the number of persons voting in the
| ||||||
2 | precinct as shown by the slip signed by the judges of | ||||||
3 | election,
the ballots shall be replaced in the box, and the | ||||||
4 | box closed and
well shaken and again opened and one of the | ||||||
5 | precinct transport
judges shall publicly draw out so many | ||||||
6 | ballots unopened as are
equal to the excess.
| ||||||
7 | The excess ballots shall be marked "Excess-Not | ||||||
8 | Counted" and
signed by the 2 precinct transport judges and | ||||||
9 | shall be placed
in the "After 7:00 p.m. Defective Ballots | ||||||
10 | Envelope". The number
of excess ballots shall be noted in | ||||||
11 | the remarks section of the
Certificate of Results. "Excess" | ||||||
12 | ballots shall not be counted in
the total of "defective" | ||||||
13 | ballots.
| ||||||
14 | The precinct transport judges shall then examine the
| ||||||
15 | remaining ballots for write-in votes and shall count and | ||||||
16 | tabulate
the write-in vote.
| ||||||
17 | (2) A single ballot box, for the deposit of all votes | ||||||
18 | cast,
shall be used. All ballots which are not to be | ||||||
19 | tabulated on the
electronic voting system shall be counted, | ||||||
20 | tallied, and returned
as elsewhere provided in this Code | ||||||
21 | for the
counting and handling of paper ballots.
| ||||||
22 | All ballots to be processed and tabulated with the | ||||||
23 | electronic
Precinct Tabulation Optical Scan Technology | ||||||
24 | voting system shall
be processed as follows:
| ||||||
25 | Immediately after the closing of the polls, the | ||||||
26 | precinct judges of
election shall open the ballot box and |
| |||||||
| |||||||
1 | canvass the votes
polled to determine that the number of | ||||||
2 | ballots agree with
the number of voters voting as shown by | ||||||
3 | the applications for
ballot, or if the same do not agree | ||||||
4 | the judges of election shall
make such ballots agree with | ||||||
5 | the applications for ballot in the
manner provided by | ||||||
6 | Section 17-18 of this Code.
| ||||||
7 | In case of an overvote for any office, the judges of
| ||||||
8 | election, consisting in each case of at least one judge of
| ||||||
9 | election of each of the 2 major political parties, shall | ||||||
10 | make a
true duplicate ballot of all votes on the ballot | ||||||
11 | except for
the office which is overvoted, by using the | ||||||
12 | ballot of the
precinct and one of the marking devices, or | ||||||
13 | equivalent ballot, of the
precinct to
transfer all votes of | ||||||
14 | the voter except for the office overvoted,
to an official | ||||||
15 | ballot of that kind used in the precinct at
that election. | ||||||
16 | The original ballot upon which there is an
overvote shall | ||||||
17 | be clearly labeled "Overvoted Ballot", and each
shall bear | ||||||
18 | the same serial number which shall be placed thereon
by the | ||||||
19 | judges of election, beginning with number 1 and
continuing | ||||||
20 | consecutively for the ballots of that kind in that
| ||||||
21 | precinct. The judges of election shall initial the | ||||||
22 | "Duplicate
Overvoted Ballot" ballots and shall place them | ||||||
23 | in the box for
return of the ballots. The "Overvoted | ||||||
24 | Ballot" ballots shall be
placed in the "Duplicate Ballots" | ||||||
25 | envelope. The ballots except
any defective or overvoted | ||||||
26 | ballot shall be placed separately in
the box for return of |
| |||||||
| |||||||
1 | the ballots. The judges
of election shall examine the | ||||||
2 | ballots to determine if any is
damaged or defective so that | ||||||
3 | it cannot be counted by the
automatic tabulating equipment. | ||||||
4 | If any ballot is
damaged or defective so that it cannot | ||||||
5 | properly be counted by the
automatic tabulating equipment, | ||||||
6 | the judges of election,
consisting in each case of at least | ||||||
7 | one judge of election of each
of the 2 major political | ||||||
8 | parties, shall make a true duplicate
ballot of all votes on | ||||||
9 | such ballot by using the ballot of
the precinct and one of | ||||||
10 | the marking devices, or equivalent ballot, of the
precinct. | ||||||
11 | The
original ballot and ballot envelope shall be clearly
| ||||||
12 | labeled "Damaged Ballot" and the ballot so
produced | ||||||
13 | "Duplicate Damaged Ballot", and each shall bear the same
| ||||||
14 | number which shall be placed thereon by the judges of | ||||||
15 | election,
commencing with number 1 and continuing | ||||||
16 | consecutively for the
ballots of that kind in the precinct. | ||||||
17 | The judges of election
shall initial the "Duplicate Damaged | ||||||
18 | Ballot" ballot and shall place them in
the box for return | ||||||
19 | of the ballots.
The "Damaged Ballot" ballots
shall be | ||||||
20 | placed in the "Duplicated Ballots" envelope. A slip
| ||||||
21 | indicating the number of voters voting in person and the | ||||||
22 | total number
of voters of the precinct who voted at the | ||||||
23 | election shall be made
out, signed by all judges of | ||||||
24 | election, and inserted in the box
for return of the | ||||||
25 | ballots. The tally sheets recording the write-in votes | ||||||
26 | shall
be placed in this box. The judges of election |
| |||||||
| |||||||
1 | immediately shall
securely lock the ballot box or other | ||||||
2 | suitable box furnished for return of the
ballots by the | ||||||
3 | election official in charge of the election; provided that | ||||||
4 | if
the box is not of a type which may be securely locked, | ||||||
5 | the box shall be
sealed with filament tape provided for the | ||||||
6 | purpose which shall
be wrapped around the box lengthwise | ||||||
7 | and crosswise, at least
twice each way. A separate adhesive | ||||||
8 | seal label signed by each of
the judges of election of the | ||||||
9 | precinct shall be affixed to the
box to cover any slot | ||||||
10 | therein and to identify the box of
the precinct; and if the | ||||||
11 | box is sealed with filament tape as
provided rather than | ||||||
12 | locked, such tape shall be wrapped
around the box as | ||||||
13 | provided, but in such manner that the
separate adhesive | ||||||
14 | seal label affixed to the box and signed by the
judges may | ||||||
15 | not be removed without breaking the filament tape and
| ||||||
16 | disturbing the signature of the judges. Two of the
judges | ||||||
17 | of election, of different major political parties,
shall by | ||||||
18 | the most direct route transport the box for
return of the | ||||||
19 | ballots and enclosed ballots and returns to the
central | ||||||
20 | counting location designated by the election official in
| ||||||
21 | charge of the election. If, however, because of the lack of
| ||||||
22 | adequate parking facilities at the central counting | ||||||
23 | location or
for any other reason, it is impossible or | ||||||
24 | impracticable for the
boxes from all the polling places to | ||||||
25 | be delivered directly to the
central counting location, the | ||||||
26 | election official in charge of the
election may designate |
| |||||||
| |||||||
1 | some other location to which the boxes
shall be delivered | ||||||
2 | by the 2 precinct judges. While at the other
location the | ||||||
3 | boxes shall be in the care and custody of one or
more | ||||||
4 | teams, each consisting of 4 persons, 2 from each of the 2
| ||||||
5 | major political parties, designated for such purpose by the
| ||||||
6 | election official in charge of elections from | ||||||
7 | recommendations by
the appropriate political party | ||||||
8 | organizations. As soon as
possible, the boxes shall be | ||||||
9 | transported from the other location
to the central counting | ||||||
10 | location by one or more teams, each
consisting of 4 | ||||||
11 | persons, 2 from each of the 2 major political
parties, | ||||||
12 | designated for the purpose by the election official in
| ||||||
13 | charge of elections from recommendations by the | ||||||
14 | appropriate
political party organizations.
| ||||||
15 | The "Defective Ballots" envelope, and "Duplicated | ||||||
16 | Ballots"
envelope each shall be securely sealed and the | ||||||
17 | flap or end
of each envelope signed by the precinct judges | ||||||
18 | of election and
returned to the central counting location | ||||||
19 | with the box for return
of the ballots, enclosed ballots | ||||||
20 | and returns.
| ||||||
21 | At the central counting location, a team of tally | ||||||
22 | judges
designated by the election official in charge of the | ||||||
23 | election
shall check the box returned containing the | ||||||
24 | ballots to determine
that all seals are intact, and shall | ||||||
25 | open the box,
check the voters' slip and compare the number | ||||||
26 | of ballots so
delivered against the total number of voters |
| |||||||
| |||||||
1 | of the precinct who
voted, remove the ballots and deliver | ||||||
2 | them to the
technicians operating the automatic tabulating | ||||||
3 | equipment. Any
discrepancies between the number of ballots | ||||||
4 | and total number of
voters shall be noted on a sheet | ||||||
5 | furnished for that purpose and
signed by the tally judges.
| ||||||
6 | (3) A single ballot box, for the deposit of all votes | ||||||
7 | cast,
shall be used. Immediately after the closing of the | ||||||
8 | polls, the
precinct judges of election shall securely lock | ||||||
9 | the ballot box;
provided that if such box is not of a type | ||||||
10 | which may be securely
locked, the box shall be sealed with | ||||||
11 | filament tape provided for
the purpose which shall be | ||||||
12 | wrapped around the box lengthwise and
crosswise, at least | ||||||
13 | twice each way. A separate adhesive seal
label signed by | ||||||
14 | each of the judges of election of the precinct
shall be | ||||||
15 | affixed to the box to cover any slot therein and
to | ||||||
16 | identify the box of the precinct; and if the box is sealed
| ||||||
17 | with filament tape as provided rather than locked, such
| ||||||
18 | tape shall be wrapped around the box as provided, but in
a | ||||||
19 | manner that the separate adhesive seal label affixed to the
| ||||||
20 | box and signed by the judges may not be removed without | ||||||
21 | breaking
the filament tape and disturbing the signature of | ||||||
22 | the judges.
Two of the judges of election, of different | ||||||
23 | major
political parties, shall by the most direct route
| ||||||
24 | transport the box for return of the ballots and enclosed | ||||||
25 | vote by mail and early
ballots and returns to the central | ||||||
26 | counting location designated
by the election official in |
| |||||||
| |||||||
1 | charge of the election. If however,
because of the lack of | ||||||
2 | adequate parking facilities at the central
counting | ||||||
3 | location or for some other reason, it is impossible or
| ||||||
4 | impracticable for the boxes from all the polling places to | ||||||
5 | be
delivered directly to the central counting location, the | ||||||
6 | election
official in charge of the election may designate | ||||||
7 | some other
location to which the boxes shall be delivered | ||||||
8 | by the 2 precinct
judges. While at the other location the | ||||||
9 | boxes shall be in the
care and custody of one or more | ||||||
10 | teams, each consisting of 4
persons, 2 from each of the 2 | ||||||
11 | major political parties,
designated for the purpose by the | ||||||
12 | election official in charge of
elections from | ||||||
13 | recommendations by the appropriate political party
| ||||||
14 | organizations. As soon as possible, the boxes shall be
| ||||||
15 | transported from the other location to the central counting
| ||||||
16 | location by one or more teams, each consisting of 4 | ||||||
17 | persons, 2
from each of the 2 major political parties, | ||||||
18 | designated for the
purpose by the election official in | ||||||
19 | charge of the election from
recommendations by the | ||||||
20 | appropriate political party organizations.
| ||||||
21 | At the central counting location there shall be one or | ||||||
22 | more
teams of tally judges who possess the same | ||||||
23 | qualifications as
tally judges in election jurisdictions | ||||||
24 | using paper ballots. The
number of the teams shall be | ||||||
25 | determined by the election
authority. Each team shall | ||||||
26 | consist of 5 tally judges, 3 selected
and approved by the |
| |||||||
| |||||||
1 | county board from a certified list furnished
by the | ||||||
2 | chairperson chairman of the county central committee of the | ||||||
3 | party with
the majority of members on the county board and | ||||||
4 | 2 selected and
approved by the county board from a | ||||||
5 | certified list furnished by
the chairperson chairman of the | ||||||
6 | county central committee of the party with
the second | ||||||
7 | largest number of members on the county board. At the
| ||||||
8 | central counting location a team of tally judges shall open | ||||||
9 | the
ballot box and canvass the votes polled to determine | ||||||
10 | that the
number of ballot sheets therein agree with the | ||||||
11 | number of voters
voting as shown by the applications for | ||||||
12 | ballot and, if the same do not agree, the tally judges | ||||||
13 | shall
make such ballots agree with the number of | ||||||
14 | applications for
ballot in the manner provided by Section | ||||||
15 | 17-18 of this
Code. The tally judges shall then examine all | ||||||
16 | ballot sheets
that are in the ballot box to determine | ||||||
17 | whether they bear the
initials of the precinct judge of | ||||||
18 | election. If any ballot is not
initialed, it shall be | ||||||
19 | marked on the back "Defective", initialed
as to that label | ||||||
20 | by all tally judges immediately under the word
"Defective", | ||||||
21 | and not counted, but placed in the envelope provided
for | ||||||
22 | that purpose labeled "Defective Ballots Envelope". An
| ||||||
23 | overvote for one office shall invalidate only the vote or | ||||||
24 | count
for that particular office.
| ||||||
25 | At the central counting location, a team of tally | ||||||
26 | judges
designated by the election official in charge of the |
| |||||||
| |||||||
1 | election
shall deliver the ballot sheets to the technicians | ||||||
2 | operating the
automatic Precinct Tabulation Optical Scan | ||||||
3 | Technology tabulating
equipment. Any discrepancies between | ||||||
4 | the number of ballots and
total number of voters shall be | ||||||
5 | noted on a sheet furnished for
that purpose and signed by | ||||||
6 | the tally judges.
| ||||||
7 | (b) Regardless of which procedure described in subsection
| ||||||
8 | (a) of this Section is used, the judges of election designated | ||||||
9 | to
transport the ballots properly signed and sealed,
shall | ||||||
10 | ensure that the ballots are delivered to the
central counting | ||||||
11 | station no later than 12 hours after the polls
close. At the | ||||||
12 | central counting station, a team of tally judges
designated by | ||||||
13 | the election official in charge of the election
shall examine | ||||||
14 | the ballots so transported and shall not accept
ballots for | ||||||
15 | tabulating which are not signed and sealed as
provided in | ||||||
16 | subsection (a) of this Section until the judges
transporting | ||||||
17 | the ballots make and sign the necessary corrections.
Upon | ||||||
18 | acceptance of the ballots by a team of tally judges at the
| ||||||
19 | central counting station, the election judges transporting the
| ||||||
20 | ballots shall take a receipt signed by the election official in
| ||||||
21 | charge of the election and stamped with the date and time of
| ||||||
22 | acceptance. The election judges whose duty it is to transport
| ||||||
23 | any ballots shall, in the event the ballots cannot be found | ||||||
24 | when
needed, on proper request, produce the receipt which they | ||||||
25 | are to
take as above provided.
| ||||||
26 | (Source: P.A. 98-1171, eff. 6-1-15 .)
|
| |||||||
| |||||||
1 | (10 ILCS 5/24B-11)
| ||||||
2 | Sec. 24B-11.
Proceedings at Location for Central
Counting; | ||||||
3 | Employees; Approval of List. All proceedings at the location | ||||||
4 | for
central counting shall be under the direction of the county | ||||||
5 | clerk
or board of election commissioners. Except
for any | ||||||
6 | specially trained technicians required for the operation
of the | ||||||
7 | automatic Precinct Tabulation Optical Scan Technology
| ||||||
8 | tabulating equipment, the employees at the counting station | ||||||
9 | shall
be equally divided between members of the 2 leading | ||||||
10 | political
parties and all duties performed by the employees | ||||||
11 | shall be by
teams consisting of an equal number of members of | ||||||
12 | each political
party. Thirty days before an election the county | ||||||
13 | clerk or board
of election commissioners shall submit to the | ||||||
14 | chairperson chairman of each
political party, for his or her | ||||||
15 | approval or disapproval, a list of
persons of his or her party | ||||||
16 | proposed to be employed. If a chairperson chairman
fails to | ||||||
17 | notify the election authority of his or her disapproval of any
| ||||||
18 | proposed employee within a period of 10 days thereafter the | ||||||
19 | list
shall be deemed approved.
| ||||||
20 | (Source: P.A. 89-394, eff. 1-1-97.)
| ||||||
21 | (10 ILCS 5/24B-15)
| ||||||
22 | Sec. 24B-15. Official Return of Precinct; Check of Totals; | ||||||
23 | Retabulation. The precinct return printed by the automatic
| ||||||
24 | Precinct Tabulation Optical Scan Technology tabulating |
| |||||||
| |||||||
1 | equipment
shall include the number of ballots cast
and votes | ||||||
2 | cast for each candidate and proposition and shall
constitute | ||||||
3 | the official return of each precinct. In addition to the | ||||||
4 | precinct
return, the election
authority shall provide the | ||||||
5 | number of applications for ballots in
each precinct, the | ||||||
6 | write-in votes, the total number of ballots
counted in each | ||||||
7 | precinct for each political subdivision and
district and the | ||||||
8 | number of registered voters in each precinct.
However, the | ||||||
9 | election authority shall check the totals shown by
the precinct | ||||||
10 | return and, if there is an obvious discrepancy regarding
the | ||||||
11 | total number of votes cast in any precinct, shall
have the | ||||||
12 | ballots for that precinct retabulated to correct the
return.
| ||||||
13 | The procedures for retabulation shall apply prior to and after | ||||||
14 | the
proclamation is completed; however, after the proclamation | ||||||
15 | of results, the
election authority must obtain a court order to | ||||||
16 | unseal voted ballots except for
election contests and discovery | ||||||
17 | recounts.
In those election jurisdictions that use in-precinct
| ||||||
18 | counting equipment, the certificate of results, which has been
| ||||||
19 | prepared by the judges of election after the
ballots have been | ||||||
20 | tabulated, shall be the document used for the
canvass of votes | ||||||
21 | for such precinct. Whenever a discrepancy
exists during the | ||||||
22 | canvass of votes between the unofficial results
and the | ||||||
23 | certificate of results, or whenever a discrepancy exists
during | ||||||
24 | the canvass of votes between the certificate of results
and the | ||||||
25 | set of totals which has been affixed to the certificate
of | ||||||
26 | results, the ballots for that precinct shall be retabulated to
|
| |||||||
| |||||||
1 | correct the return. As an additional part of this check prior | ||||||
2 | to
the proclamation, in those jurisdictions where in-precinct
| ||||||
3 | counting equipment is used, the election authority shall
| ||||||
4 | retabulate the total number of votes cast in 5% of the | ||||||
5 | precincts
within the election jurisdiction, as well as 5% of | ||||||
6 | the voting devices used in early voting. The precincts and the | ||||||
7 | voting devices to be
retabulated shall be selected after | ||||||
8 | election day on a random
basis by the State Board of Elections, | ||||||
9 | so that every precinct in the
election jurisdiction and every | ||||||
10 | voting device used in early voting has an equal mathematical | ||||||
11 | chance of being
selected. The State Board of Elections shall | ||||||
12 | design a standard
and scientific random method of selecting the | ||||||
13 | precincts and voting devices which are
to be retabulated. The | ||||||
14 | State central committee chairperson chairman of each | ||||||
15 | established political party
shall be given prior written notice
| ||||||
16 | of the time and place of the random selection procedure and may
| ||||||
17 | be represented at the procedure. The retabulation shall
consist | ||||||
18 | of counting the ballots which were originally counted and
shall | ||||||
19 | not involve any determination of which ballots were, in
fact, | ||||||
20 | properly counted. The ballots from the precincts selected
for | ||||||
21 | the retabulation shall remain at all times under the custody
| ||||||
22 | and control of the election authority and shall be transported
| ||||||
23 | and retabulated by the designated staff of the election
| ||||||
24 | authority.
| ||||||
25 | As part of the retabulation, the election authority shall
| ||||||
26 | test the computer program in the selected precincts and on the |
| |||||||
| |||||||
1 | selected early voting devices. The test
shall be conducted by | ||||||
2 | processing a preaudited group of ballots
marked to record a | ||||||
3 | predetermined number of valid votes for
each candidate and on | ||||||
4 | each public question, and shall include for
each office one or | ||||||
5 | more ballots which have votes in excess of the
number allowed | ||||||
6 | by law to test the ability of the
equipment and the marking | ||||||
7 | device to reject such votes. If any error is
detected, the
| ||||||
8 | cause shall be determined and corrected, and an
errorless count | ||||||
9 | shall be made prior to the official canvass and
proclamation of | ||||||
10 | election results.
| ||||||
11 | The State Board of Elections, the State's Attorney and | ||||||
12 | other
appropriate law enforcement agencies, the county | ||||||
13 | chairperson chairman of each
established political party and | ||||||
14 | qualified civic organizations
shall be given prior written | ||||||
15 | notice of the time and place of the
retabulation and may be | ||||||
16 | represented at the retabulation.
| ||||||
17 | The results of this retabulation shall be treated in the
| ||||||
18 | same manner and have the same effect as the results of the
| ||||||
19 | discovery procedures set forth in Section 22-9.1 of this Code.
| ||||||
20 | Upon completion of the retabulation, the election authority | ||||||
21 | shall
print a comparison of the results of the retabulation | ||||||
22 | with the
original precinct return printed by the automatic | ||||||
23 | tabulating
equipment. The comparison shall be done for each | ||||||
24 | precinct and for each early voting device selected for testing | ||||||
25 | and
for each office voted upon within that precinct or on that | ||||||
26 | voting device, and the
comparisons shall be open to the public. |
| |||||||
| |||||||
1 | Upon completion of the
retabulation, the returns shall be open | ||||||
2 | to the public.
| ||||||
3 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
4 | (10 ILCS 5/24C-13)
| ||||||
5 | Sec. 24C-13. Vote by Mail ballots; Early voting ballots; | ||||||
6 | Proceedings at Location for
Central Counting; Employees; | ||||||
7 | Approval of List. | ||||||
8 | (a) All jurisdictions using Direct Recording Electronic
| ||||||
9 | Voting Systems shall use paper ballots or paper ballot sheets
| ||||||
10 | approved for use under Articles 16, 24A or 24B of this Code | ||||||
11 | when
conducting vote by mail voting. All vote by mail
ballots | ||||||
12 | shall be counted at the central ballot counting location of the | ||||||
13 | election
authority. The provisions of Section 24A-9, 24B-9 and | ||||||
14 | 24C-9 of
this Code shall apply to the testing and notice | ||||||
15 | requirements for
central count tabulation equipment, including | ||||||
16 | comparing the
signature on the ballot envelope with the | ||||||
17 | signature of the voter
on the permanent voter registration | ||||||
18 | record card taken from the
master file. Vote results shall be | ||||||
19 | recorded by precinct and shall
be added to the vote results for | ||||||
20 | the precinct in which the vote by mail
voter was eligible to | ||||||
21 | vote prior to completion of the
official canvass.
| ||||||
22 | (b) All proceedings at the location for central counting
| ||||||
23 | shall be under the direction of the county clerk or board of
| ||||||
24 | election commissioners. Except for any specially trained
| ||||||
25 | technicians required for the operation of the Direct Recording
|
| |||||||
| |||||||
1 | Electronic Voting System, the employees at the counting station
| ||||||
2 | shall be equally divided between members of the 2 leading
| ||||||
3 | political parties and all duties performed by the employees
| ||||||
4 | shall be by teams consisting of an equal number of members of
| ||||||
5 | each political party. Thirty days before an election the county
| ||||||
6 | clerk or board of election commissioners shall submit to the | ||||||
7 | chairperson
chairman of each political party, for his or her | ||||||
8 | approval or
disapproval, a list of persons of his or her party | ||||||
9 | proposed to
be employed. If a chairperson chairman fails to | ||||||
10 | notify the election
authority of his or her disapproval of any | ||||||
11 | proposed employee
within a period of 10 days thereafter the | ||||||
12 | list shall be deemed
approved.
| ||||||
13 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
14 | (10 ILCS 5/24C-15)
| ||||||
15 | Sec. 24C-15. Official Return of Precinct; Check of Totals;
| ||||||
16 | Audit. The precinct return printed by the Direct Recording
| ||||||
17 | Electronic Voting System tabulating equipment shall include | ||||||
18 | the
number of ballots cast and votes cast for each candidate | ||||||
19 | and
public question and shall constitute the official return of | ||||||
20 | each
precinct. In addition to the precinct return, the election
| ||||||
21 | authority shall provide the number of applications for ballots
| ||||||
22 | in each precinct, the total number of ballots and vote by mail
| ||||||
23 | ballots counted in each precinct for each political subdivision
| ||||||
24 | and district and the number of registered voters in each
| ||||||
25 | precinct. However, the election authority shall check the
|
| |||||||
| |||||||
1 | totals shown by the precinct return and, if there is an obvious
| ||||||
2 | discrepancy regarding the total number of votes cast in any
| ||||||
3 | precinct, shall have the ballots for that precinct audited to
| ||||||
4 | correct the return. The procedures for this audit shall apply
| ||||||
5 | prior to and after the proclamation is completed; however, | ||||||
6 | after
the proclamation of results, the election authority must | ||||||
7 | obtain
a court order to unseal voted ballots or voting devices | ||||||
8 | except
for election contests and discovery recounts. The | ||||||
9 | certificate
of results, which has been prepared and signed by | ||||||
10 | the judges of
election after the ballots have been
tabulated, | ||||||
11 | shall be the document used for the canvass of votes
for such | ||||||
12 | precinct. Whenever a discrepancy exists during the
canvass of | ||||||
13 | votes between the unofficial results and the
certificate of | ||||||
14 | results, or whenever a discrepancy exists during
the canvass of | ||||||
15 | votes between the certificate of results and the
set of totals | ||||||
16 | reflected on the certificate of results, the
ballots for that | ||||||
17 | precinct shall be audited to correct the
return.
| ||||||
18 | Prior to the proclamation, the election authority shall
| ||||||
19 | test the voting devices and equipment in 5% of the precincts
| ||||||
20 | within the election jurisdiction, as well as 5% of the voting | ||||||
21 | devices used in early voting. The precincts and the voting | ||||||
22 | devices to be tested
shall be selected after election day on a | ||||||
23 | random basis by the
State Board of Elections, so that every | ||||||
24 | precinct and every device used in early voting in the election
| ||||||
25 | jurisdiction has an equal mathematical chance of being | ||||||
26 | selected.
The State Board of Elections shall design a standard |
| |||||||
| |||||||
1 | and
scientific random method of selecting the precincts and | ||||||
2 | voting devices that are to
be tested. The State central | ||||||
3 | committee chairperson
chairman of each established political | ||||||
4 | party shall be given prior written notice of the time
and place | ||||||
5 | of the random selection procedure and may be
represented at the | ||||||
6 | procedure.
| ||||||
7 | The test shall be conducted by counting the votes marked on
| ||||||
8 | the permanent paper record of each ballot cast in the tested
| ||||||
9 | precinct printed by the voting system at the time that each
| ||||||
10 | ballot was cast and comparing the results of this count with | ||||||
11 | the
results shown by the certificate of results prepared by the
| ||||||
12 | Direct Recording Electronic Voting System in the test precinct.
| ||||||
13 | The election authority shall test count these votes either by
| ||||||
14 | hand or by using an automatic tabulating device other than a
| ||||||
15 | Direct Recording Electronic voting device that has been | ||||||
16 | approved
by the State Board of Elections for that purpose and | ||||||
17 | tested
before use to ensure accuracy. The election authority | ||||||
18 | shall
print the results of each test count. If any error is | ||||||
19 | detected,
the cause shall be determined and corrected, and an | ||||||
20 | errorless
count shall be made prior to the official canvass and
| ||||||
21 | proclamation of election results. If an errorless count cannot
| ||||||
22 | be conducted and there continues to be difference in vote
| ||||||
23 | results between the certificate of results produced by the
| ||||||
24 | Direct Recording Electronic Voting System and the count of the
| ||||||
25 | permanent paper records or if an error was detected and
| ||||||
26 | corrected, the election authority shall immediately prepare |
| |||||||
| |||||||
1 | and
forward to the appropriate canvassing board a written | ||||||
2 | report
explaining the results of the test and any errors | ||||||
3 | encountered
and the report shall be made available for public | ||||||
4 | inspection.
| ||||||
5 | The State Board of Elections, the State's Attorney and
| ||||||
6 | other appropriate law enforcement agencies, the county | ||||||
7 | chairperson chairman
of each established political party and | ||||||
8 | qualified civic
organizations shall be given prior written | ||||||
9 | notice of the time
and place of the test and may be represented | ||||||
10 | at the test.
| ||||||
11 | The results of this post-election test shall be treated in
| ||||||
12 | the same manner and have the same effect as the results of the
| ||||||
13 | discovery procedures set forth in Section 22-9.1 of this Code.
| ||||||
14 | (Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15 .)
| ||||||
15 | (10 ILCS 5/25-6) (from Ch. 46, par. 25-6)
| ||||||
16 | Sec. 25-6.
(a) When a vacancy occurs in the office of State | ||||||
17 | Senator or
Representative in the General Assembly, the vacancy | ||||||
18 | shall be filled within
30 days by appointment of the | ||||||
19 | legislative or representative committee of
that legislative or | ||||||
20 | representative district of the political
party of which the | ||||||
21 | incumbent was a candidate at the time of his
election. The | ||||||
22 | appointee shall be a member of the same political party as
the | ||||||
23 | person he succeeds was at the time of his election, and shall | ||||||
24 | be
otherwise eligible to serve as a member of the General | ||||||
25 | Assembly.
|
| |||||||
| |||||||
1 | (b) When a vacancy occurs in the office of a legislator | ||||||
2 | elected
other than as a candidate of a political party, the | ||||||
3 | vacancy shall be
filled within 30 days of such occurrence by | ||||||
4 | appointment of the Governor.
The appointee shall not be a | ||||||
5 | member of a political party, and shall be
otherwise eligible to | ||||||
6 | serve as a member of the General Assembly.
Provided, however, | ||||||
7 | the appropriate body of the General Assembly may, by
| ||||||
8 | resolution, allow a legislator elected other than as a | ||||||
9 | candidate of a
political party to affiliate with a political | ||||||
10 | party for his term of
office in the General Assembly. A vacancy | ||||||
11 | occurring in the office of any
such legislator who affiliates | ||||||
12 | with a political party pursuant to
resolution shall be filled | ||||||
13 | within 30 days of such occurrence by
appointment of the | ||||||
14 | appropriate legislative or representative
committee of that | ||||||
15 | legislative or representative district of the political
party | ||||||
16 | with which the legislator so affiliates. The appointee shall be | ||||||
17 | a
member of the political party with which the incumbent | ||||||
18 | affiliated.
| ||||||
19 | (c) For purposes of this Section, a person is a member of a
| ||||||
20 | political party for 23 months after (i) signing a candidate | ||||||
21 | petition, as
to the political party whose nomination is sought; | ||||||
22 | (ii) signing a
statement of candidacy, as to the political | ||||||
23 | party where nomination or
election is sought; (iii) signing a | ||||||
24 | Petition of Political Party
Formation, as to the proposed | ||||||
25 | political party; (iv) applying for and
receiving a primary | ||||||
26 | ballot, as to the political party whose ballot is
received; or |
| |||||||
| |||||||
1 | (v) becoming a candidate for election to or accepting
| ||||||
2 | appointment to the office of ward, township, precinct or state | ||||||
3 | central committeeperson
committeeman .
| ||||||
4 | (d) In making appointments under this Section, each | ||||||
5 | committeeperson committeeman of
the appropriate legislative or | ||||||
6 | representative committee
shall be entitled to one vote for each | ||||||
7 | vote that was received, in that
portion of the legislative or | ||||||
8 | representative district which he represents
on the committee, | ||||||
9 | by the Senator or Representative whose seat is vacant at the
| ||||||
10 | general election at which that legislator was elected to the | ||||||
11 | seat which
has been vacated and a majority of the total number | ||||||
12 | of votes received in
such election by the Senator or | ||||||
13 | Representative whose seat is vacant is
required for the | ||||||
14 | appointment of his successor; provided,
however, that in making | ||||||
15 | appointments in legislative or representative
districts | ||||||
16 | comprising only one county or part of a county
other than a | ||||||
17 | county containing 2,000,000 or more inhabitants, each | ||||||
18 | committeeperson
committeeman shall be entitled to cast only one | ||||||
19 | vote.
| ||||||
20 | (e) Appointments made under this Section shall be in | ||||||
21 | writing
and shall be signed by members of the legislative or | ||||||
22 | representative committee
whose total votes are sufficient to | ||||||
23 | make the appointments or by the
Governor, as the case may be. | ||||||
24 | Such appointments shall be filed with the
Secretary of State | ||||||
25 | and with the Clerk of the House of Representatives or
the | ||||||
26 | Secretary of the Senate, whichever is appropriate.
|
| |||||||
| |||||||
1 | (f) An appointment made under this Section shall be for the
| ||||||
2 | remainder of the term, except that, if the appointment is to | ||||||
3 | fill a
vacancy in the office of State Senator and the vacancy | ||||||
4 | occurs with more
than 28 months remaining in the term, the term | ||||||
5 | of the
appointment shall expire at the time of
the next general | ||||||
6 | election at which time a
Senator shall be elected for a new | ||||||
7 | term commencing on the determination
of the results of the | ||||||
8 | election and ending on the second Wednesday of
January in the | ||||||
9 | second odd-numbered year next occurring. Whenever a
Senator has | ||||||
10 | been appointed to fill a vacancy and
was thereafter elected to | ||||||
11 | that office, the term of service under the
authority of the | ||||||
12 | election shall
be considered a new term of service, separate | ||||||
13 | from the term of service
rendered under the authority of the | ||||||
14 | appointment.
| ||||||
15 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
16 | (10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
| ||||||
17 | Sec. 25-11.
When a vacancy occurs in any elective county | ||||||
18 | office, or in a
county of less than 3,000,000 population in the | ||||||
19 | office of clerk of the circuit
court, in a county which is not | ||||||
20 | a home rule unit, the county board or board
of county | ||||||
21 | commissioners shall declare that such vacancy exists and
| ||||||
22 | notification thereof
shall be given to the county central | ||||||
23 | committee or the appropriate county board
or board of county | ||||||
24 | commissioners district committee of each established
political | ||||||
25 | party within 3 days of the
occurrence of the vacancy. The |
| |||||||
| |||||||
1 | vacancy shall be filled
within 60 days by appointment of the | ||||||
2 | chairperson chairman of the county board
or board of county | ||||||
3 | commissioners with the advice and consent of the county
board | ||||||
4 | or board of county commissioners.
In counties in which forest | ||||||
5 | preserve district commissioners are
elected by districts and | ||||||
6 | are not also members of the county board, however,
vacancies in | ||||||
7 | the office of forest preserve district commissioner shall be
| ||||||
8 | filled within 60 days by appointment of the president of the | ||||||
9 | forest preserve
district board of commissioners with the advice | ||||||
10 | and consent of the forest
preserve district board of | ||||||
11 | commissioners. In counties in which the forest
preserve | ||||||
12 | district president is not also a member of the county board, | ||||||
13 | vacancies
in
the office of forest preserve district president | ||||||
14 | shall be filled within 60 days
by the forest preserve district | ||||||
15 | board of commissioners by appointing one of the
commissioners | ||||||
16 | to serve as president.
The appointee
shall be a member of the | ||||||
17 | same political party as the person he
succeeds was at the time | ||||||
18 | of his election and shall be otherwise
eligible to serve.
The | ||||||
19 | appointee shall serve the remainder of the unexpired term. | ||||||
20 | However, if
more than 28 months remain in the term, the | ||||||
21 | appointment shall be until the
next general election at which | ||||||
22 | time the vacated office shall be
filled by election for the | ||||||
23 | remainder of the term. In the
case of a vacancy in a seat on a | ||||||
24 | county board or board of county
commissioners which
has been | ||||||
25 | divided into districts under Section 2-3003 or 2-4006.5 of
the | ||||||
26 | Counties Code, the appointee must also be a resident of the
|
| |||||||
| |||||||
1 | county board or county commission district.
If a county | ||||||
2 | commissioner ceases to reside in the district that he or
she | ||||||
3 | represents, a vacancy in that office exists.
| ||||||
4 | Except as otherwise provided by county ordinance or by law, | ||||||
5 | in
any county which is a home rule unit, vacancies in elective
| ||||||
6 | county offices, other than the office of chief executive | ||||||
7 | officer,
and vacancies in the office of clerk of the circuit | ||||||
8 | court in a county of
less than 3,000,000 population, shall be | ||||||
9 | filled
by the county board or board of county commissioners.
| ||||||
10 | (Source: P.A. 92-189, eff. 8-1-01; 92-583, eff. 6-26-02.)
| ||||||
11 | (10 ILCS 5/28-13) (from Ch. 46, par. 28-13)
| ||||||
12 | Sec. 28-13.
Each political party and civic organization as | ||||||
13 | well as the
registered proponents and opponents of a proposed
| ||||||
14 | statewide advisory public question shall be entitled to one | ||||||
15 | watcher in
the office of the election authority to observe the | ||||||
16 | conduct of the sample
signature verification. However, in those | ||||||
17 | election jurisdictions where
a 10% sample is required, the | ||||||
18 | proponents and opponents may appoint no more than
5 assistant | ||||||
19 | watchers in addition to the 1 principal watcher permitted | ||||||
20 | herein.
| ||||||
21 | Within 7 days following the last day for filing of the | ||||||
22 | original petition,
the proponents and opponents shall certify | ||||||
23 | in writing to the Board that they
publicly support or oppose | ||||||
24 | the proposed statewide
advisory public question. The | ||||||
25 | proponents and opponents of such questions shall
register the |
| |||||||
| |||||||
1 | name and address of its group and the name and address of its | ||||||
2 | chairperson
chairman and designated agent for acceptance of | ||||||
3 | service of notices with
the Board. Thereupon, the Board shall | ||||||
4 | prepare a list of the registered
proponents and opponents and | ||||||
5 | shall adopt a standard proponents' and opponents' watcher
| ||||||
6 | credential form. A copy of such list and sufficient copies of | ||||||
7 | such credentials
shall be transmitted with the list for the | ||||||
8 | sample signature verification
to the appropriate election | ||||||
9 | authorities. Those election authorities shall
issue | ||||||
10 | credentials to the permissible number of watchers for each | ||||||
11 | proponent and opponent
group; provided, however, that a | ||||||
12 | prospective watcher shall first present
to the election | ||||||
13 | authority a letter of authorization signed by the chairperson | ||||||
14 | chairman
of the proponent or opponent group he or she | ||||||
15 | represents.
| ||||||
16 | Political party and qualified civic organization watcher | ||||||
17 | credentials shall
be substantially in the form and shall be | ||||||
18 | authorized in the manner prescribed
in Section 7-34 of this | ||||||
19 | Code.
| ||||||
20 | The rights and limitations of pollwatchers as prescribed by | ||||||
21 | Section 7-34
of this Code, insofar as they may be made | ||||||
22 | applicable, shall be applicable
to watchers at the conduct of | ||||||
23 | the sample signature verification.
| ||||||
24 | The principal watcher for the proponents and opponents may | ||||||
25 | make signed written
objections to the Board relating to | ||||||
26 | procedures observed during the conduct
of the sample signature |
| |||||||
| |||||||
1 | verification which could materially affect the results
of the | ||||||
2 | sample. Such written objections shall be presented to the | ||||||
3 | election
authority and a copy mailed to the Board and shall be | ||||||
4 | attached to the certificate
of sample results transmitted by | ||||||
5 | the election authority to the Board.
| ||||||
6 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
7 | (10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch. | ||||||
8 | 46, par. 1103)
| ||||||
9 | Sec. 29B-10. Code of Fair Campaign Practices. At the time a
| ||||||
10 | political committee, as defined in Article 9, files its
| ||||||
11 | statements of organization, the State Board of Elections, in | ||||||
12 | the case of a
state political committee or a political | ||||||
13 | committee acting as both a state
political committee and a | ||||||
14 | local political committee, or the county clerk,
in the case of | ||||||
15 | a local political committee, shall give the political
committee | ||||||
16 | a blank form of the Code of Fair Campaign Practices and a copy | ||||||
17 | of
the provisions of this Article. The State Board of Elections | ||||||
18 | or county clerk
shall inform each political committee that | ||||||
19 | subscription to the Code is
voluntary. The text of the Code | ||||||
20 | shall read as follows:
| ||||||
21 | CODE OF FAIR CAMPAIGN PRACTICES
| ||||||
22 | There are basic principles of decency, honesty, and fair | ||||||
23 | play that every
candidate for public office in the State of | ||||||
24 | Illinois has a moral obligation
to observe and uphold, in order | ||||||
25 | that, after vigorously contested but fairly
conducted |
| |||||||
| |||||||
1 | campaigns, our citizens may exercise their constitutional | ||||||
2 | right
to a free and untrammeled choice and the will of the | ||||||
3 | people may be fully
and clearly expressed on the issues.
| ||||||
4 | THEREFORE:
| ||||||
5 | (1) I will conduct my campaign openly and publicly, and | ||||||
6 | limit attacks on
my opponent to legitimate challenges to his | ||||||
7 | record.
| ||||||
8 | (2) I will not use or permit the use of character | ||||||
9 | defamation, whispering
campaigns, libel, slander, or | ||||||
10 | scurrilous attacks on any candidate or his
personal or family | ||||||
11 | life.
| ||||||
12 | (3) I will not use or permit any appeal to negative | ||||||
13 | prejudice based on
race, sex, sexual orientation, religion or | ||||||
14 | national origin.
| ||||||
15 | (4) I will not use campaign material of any sort that | ||||||
16 | misrepresents,
distorts, or otherwise falsifies the facts, nor | ||||||
17 | will I use
malicious or unfounded accusations that aim at | ||||||
18 | creating or exploiting
doubts, without justification, as to the | ||||||
19 | personal integrity or patriotism
of my opposition.
| ||||||
20 | (5) I will not undertake or condone any dishonest or | ||||||
21 | unethical practice
that tends to corrupt or undermine our | ||||||
22 | American system of free elections
or that hampers or prevents | ||||||
23 | the full and free expression of the will of
the voters.
| ||||||
24 | (6) I will defend and uphold the right of every qualified | ||||||
25 | American voter
to full and equal participation in the electoral | ||||||
26 | process.
|
| |||||||
| |||||||
1 | (7) I will immediately and publicly repudiate methods and | ||||||
2 | tactics that
may come from others that I have pledged not to | ||||||
3 | use or condone. I shall
take firm action against any | ||||||
4 | subordinate who violates any provision of this
Code or the laws | ||||||
5 | governing elections.
| ||||||
6 | I, the undersigned, candidate for election to public office | ||||||
7 | in the State
of Illinois or chairperson chairman of a political | ||||||
8 | committee in support of or
opposition to a question of public | ||||||
9 | policy, hereby voluntarily endorse,
subscribe to, and solemnly | ||||||
10 | pledge myself to conduct my campaign
in accordance with the | ||||||
11 | above principles and practices.
| ||||||
12 | ______________ _______________________________
| ||||||
13 | Date Signature
| ||||||
14 | (Source: P.A. 86-873; 87-1052.)
| ||||||
15 | (10 ILCS 5/29B-20) (from Ch. 46, par. 29B-20; formerly Ch. | ||||||
16 | 46, par. 1105)
| ||||||
17 | Sec. 29B-20.
Acceptance of completed forms; retentions for | ||||||
18 | public
inspection. The State Board of Elections and the county | ||||||
19 | clerks shall accept,
at all times prior to an election, all | ||||||
20 | completed copies of the Code of Fair
Campaign Practices that | ||||||
21 | are properly subscribed to by a candidate or the chairperson
| ||||||
22 | chairman of a political committee in support of or opposition | ||||||
23 | to a question of
public policy, and shall retain them for | ||||||
24 | public inspection until 30 days after
the election.
| ||||||
25 | (Source: P.A. 86-873; 87-1052.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/29B-25) (from Ch. 46, par. 29B-25; formerly Ch. | ||||||
2 | 46, par. 1106)
| ||||||
3 | Sec. 29B-25. Subscribed forms as public records. Every copy | ||||||
4 | of the Code of
Fair Campaign Practices subscribed to by a | ||||||
5 | candidate or the chairperson chairman of a
political committee | ||||||
6 | in support of or opposition to a question of public policy
| ||||||
7 | under this Article is a public record open for public | ||||||
8 | inspection.
| ||||||
9 | (Source: P.A. 86-873; 87-1052.)
| ||||||
10 | (10 ILCS 5/29B-30) (from Ch. 46, par. 29B-30; formerly Ch. | ||||||
11 | 46, par. 1107)
| ||||||
12 | Sec. 29B-30. Subscription to Code voluntary. The | ||||||
13 | subscription by a candidate
or the chairperson chairman of a | ||||||
14 | political committee in support of or opposition to a
question | ||||||
15 | of public policy is voluntary.
| ||||||
16 | A candidate, or the chairperson chairman of a political | ||||||
17 | committee, who has filed a
copy of the Code of Fair Campaign | ||||||
18 | Practices may so indicate on any campaign
literature or | ||||||
19 | advertising in a form to be determined by the State Board of
| ||||||
20 | Elections.
| ||||||
21 | (Source: P.A. 86-873; 87-1052.)
| ||||||
22 | Section 99. Effective date. This Act takes effect January | ||||||
23 | 1, 2019.".
|