Rep. Barbara Flynn Currie

Filed: 5/28/2004

 

 


 
 

 


 
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1
AMENDMENT TO SENATE BILL 955

2     AMENDMENT NO. ____. Amend Senate Bill 955 by replacing the
3 title with the following:
 
4     "AN ACT concerning elections,"; and
 
5 by replacing everything after the enacting clause with the
6 following:
7     "Section 5. The Election Code is amended by changing
8 Sections 1A-8, 1A-16, 4-6.2, 4-8, 5-7, 5-16.2, 6-35, 6-50.2,
9 7-7, 7-8, 7-9, 7-10, 7-34, 7-56, 7-58, 7-60, 7-61, 8-8, 9-1.5,
10 9-1.7, 9-1.8, 9-1.9, 9-1.14, 9-3, 9-4, 9-10, 9-28, 10-10,
11 10-14, 13-4, 14-1, 17-23, 17-29, 18A-5, 18A-15, 19-2.1, 19-4,
12 19-10, 20-4, 21-2, 22-1, 22-3, 22-7, 22-8, 22-9, 22-17, 24A-22,
13 and 24B-15.1 and by adding Article 12A and Sections 1A-17,
14 1A-18, 1A-19, 4-50, 5-50, 6-90, 7-100, 10-20, 12A-2, 12A-5,
15 12A-10, 12A-15, 12A-35, 12A-40, 12A-45, 12A-50, 12A-55,
16 13-2.5, 14-4.5, 17-100, 18-100, and 23-50 as follows:
 
17     (10 ILCS 5/1A-8)   (from Ch. 46, par. 1A-8)
18     Sec. 1A-8. The State Board of Elections shall exercise the
19 following powers and perform the following duties in addition
20 to any powers or duties otherwise provided for by law:
21         (1) Assume all duties and responsibilities of the State
22     Electoral Board and the Secretary of State as heretofore

 

 

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1     provided in this Act;
2         (2) Disseminate information to and consult with
3     election authorities concerning the conduct of elections
4     and registration in accordance with the laws of this State
5     and the laws of the United States;
6         (3) Furnish to each election authority prior to each
7     primary and general election and any other election it
8     deems necessary, a manual of uniform instructions
9     consistent with the provisions of this Act which shall be
10     used by election authorities in the preparation of the
11     official manual of instruction to be used by the judges of
12     election in any such election. In preparing such manual,
13     the State Board shall consult with representatives of the
14     election authorities throughout the State. The State Board
15     may provide separate portions of the uniform instructions
16     applicable to different election jurisdictions which
17     administer elections under different options provided by
18     law. The State Board may by regulation require particular
19     portions of the uniform instructions to be included in any
20     official manual of instructions published by election
21     authorities. Any manual of instructions published by any
22     election authority shall be identical with the manual of
23     uniform instructions issued by the Board, but may be
24     adapted by the election authority to accommodate special or
25     unusual local election problems, provided that all manuals
26     published by election authorities must be consistent with
27     the provisions of this Act in all respects and must receive
28     the approval of the State Board of Elections prior to
29     publication; provided further that if the State Board does
30     not approve or disapprove of a proposed manual within 60
31     days of its submission, the manual shall be deemed
32     approved.
33         (4) Prescribe and require the use of such uniform
34     forms, notices, and other supplies not inconsistent with

 

 

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1     the provisions of this Act as it shall deem advisable which
2     shall be used by election authorities in the conduct of
3     elections and registrations;
4         (5) Prepare and certify the form of ballot for any
5     proposed amendment to the Constitution of the State of
6     Illinois, or any referendum to be submitted to the electors
7     throughout the State or, when required to do so by law, to
8     the voters of any area or unit of local government of the
9     State;
10         (6) Require such statistical reports regarding the
11     conduct of elections and registration from election
12     authorities as may be deemed necessary;
13         (7) Review and inspect procedures and records relating
14     to conduct of elections and registration as may be deemed
15     necessary, and to report violations of election laws to the
16     appropriate State's Attorney;
17         (8) Recommend to the General Assembly legislation to
18     improve the administration of elections and registration;
19         (9) Adopt, amend or rescind rules and regulations in
20     the performance of its duties provided that all such rules
21     and regulations must be consistent with the provisions of
22     this Article 1A or issued pursuant to authority otherwise
23     provided by law;
24         (10) Determine the validity and sufficiency of
25     petitions filed under Article XIV, Section 3, of the
26     Constitution of the State of Illinois of 1970;
27         (11) Maintain in its principal office a research
28     library that includes, but is not limited to, abstracts of
29     votes by precinct for general primary elections and general
30     elections, current precinct maps and current precinct poll
31     lists from all election jurisdictions within the State. The
32     research library shall be open to the public during regular
33     business hours. Such abstracts, maps and lists shall be
34     preserved as permanent records and shall be available for

 

 

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1     examination and copying at a reasonable cost;
2         (12) Supervise the administration of the registration
3     and election laws throughout the State;
4         (13) Obtain from the Department of Central Management
5     Services, under Section 405-250 of the Department of
6     Central Management Services Law (20 ILCS 405/405-250),
7     such use of electronic data processing equipment as may be
8     required to perform the duties of the State Board of
9     Elections and to provide election-related information to
10     candidates, public and party officials, interested civic
11     organizations and the general public in a timely and
12     efficient manner; and
13         (14) To take such action as may be necessary or
14     required to give effect to directions of the State central
15     committee of an established political party under Sections
16     7-8, 7-11 and 7-14.1 or such other provisions as may be
17     applicable pertaining to the selection of delegates and
18     alternate delegates to an established political party's
19     national nominating conventions; and .
20         (15) Notwithstanding any candidate certification
21     schedule contained in this Code, to take such action as may
22     be necessary or required, including certification, to give
23     effect to the certification by the national committee of an
24     established political party of the candidates for
25     President and Vice President selected at that party's 2004
26     national nominating convention, provided that those
27     certifications are received by the State Board of Elections
28     by September 15, 2004.
29     The Board may by regulation delegate any of its duties or
30 functions under this Article, except that final determinations
31 and orders under this Article shall be issued only by the
32 Board.
33     The requirement for reporting to the General Assembly shall
34 be satisfied by filing copies of the report with the Speaker,

 

 

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1 the Minority Leader and the Clerk of the House of
2 Representatives and the President, the Minority Leader and the
3 Secretary of the Senate and the Legislative Research Unit, as
4 required by Section 3.1 of "An Act to revise the law in
5 relation to the General Assembly", approved February 25, 1874,
6 as amended, and filing such additional copies with the State
7 Government Report Distribution Center for the General Assembly
8 as is required under paragraph (t) of Section 7 of the State
9 Library Act.
10 (Source: P.A. 91-239, eff. 1-1-00.)
 
11     (10 ILCS 5/1A-16)
12     Sec. 1A-16. Voter registration information; internet
13 posting; processing of voter registration forms; content of
14 such forms. Notwithstanding any law to the contrary, the
15 following provisions shall apply to voter registration under
16 this Code.
17     (a) Voter registration information; Internet posting of
18 voter registration form. Within 90 days after the effective
19 date of this amendatory Act of the 93rd General Assembly, the
20 State Board of Elections shall post on its World Wide Web site
21 the following information:
22         (1) A comprehensive list of the names, addresses, phone
23     numbers, and websites, if applicable, of all county clerks
24     and boards of election commissioners in Illinois.
25         (2) A schedule of upcoming elections and the deadline
26     for voter registration.
27         (3) A downloadable, printable voter registration form,
28     in at least English and in Spanish versions, that a person
29     may complete and mail or submit to the State Board of
30     Elections or the appropriate county clerk or board of
31     election commissioners.
32 Any forms described under paragraph (3) must state the
33 following:

 

 

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1         If you do not have a driver's license or social
2     security number, and this form is submitted by mail, and
3     you have never registered to vote in the jurisdiction you
4     are now registering in, then you must send, with this
5     application, either (i) a copy of a current and valid photo
6     identification, or (ii) a copy of a current utility bill,
7     bank statement, government check, paycheck, or other
8     government document that shows the name and address of the
9     voter. If you do not provide the information required
10     above, then you will be required to provide election
11     officials with either (i) or (ii) described above the first
12     time you vote at a voting place or by absentee ballot.
13     (b) Acceptance of registration forms by the State Board of
14 Elections and county clerks and board of election
15 commissioners. The State Board of Elections, county clerks, and
16 board of election commissioners shall accept all completed
17 voter registration forms described in subsection (a)(3) of this
18 Section and Section 1A-17 that are:
19         (1) postmarked on or before the day that voter
20     registration is closed under the Election Code;
21         (2) not postmarked, but arrives no later than 5 days
22     after the close of registration;
23         (3) submitted in person by a person using the form on
24     or before the day that voter registration is closed under
25     the Election Code; or
26         (4) submitted in person by a person who submits one or
27     more forms on behalf of one or more persons who used the
28     form on or before the day that voter registration is closed
29     under the Election Code.
30     Upon the receipt of a registration form, the State Board of
31 Elections shall mark the date on which the form was received
32 and send the form via first class mail to the appropriate
33 county clerk or board of election commissioners, as the case
34 may be, within 2 business days based upon the home address of

 

 

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1 the person submitting the registration form. The county clerk
2 and board of election commissioners shall accept and process
3 any form received from the State Board of Elections.
4     (c) Processing of registration forms by county clerks and
5 boards of election commissioners. The county clerk or board of
6 election commissioners shall promulgate procedures for
7 processing the voter registration form.
8     (d) Contents of the voter registration form. The State
9 Board shall create a voter registration form, which must
10 contain the following content:
11         (1) Instructions for completing the form.
12         (2) A summary of the qualifications to register to vote
13     in Illinois.
14         (3) Instructions for mailing in or submitting the form
15     in person.
16         (4) The phone number for the State Board of Elections
17     should a person submitting the form have questions.
18         (5) A box for the person to check that explains one of
19     3 reasons for submitting the form:
20             (a) new registration;
21             (b) change of address; or
22             (c) change of name.
23         (6) a box for the person to check yes or no that asks,
24     "Are you a citizen of the United States?", a box for the
25     person to check yes or no that asks, "Will you be 18 years
26     of age on or before election day?", and a statement of "If
27     you checked 'no' in response to either of these questions,
28     then do not complete this form.".
29         (7) A space for the person to fill in his or her home
30     telephone number.
31         (8) Spaces for the person to fill in his or her first,
32     middle, and last names, street address (principal place of
33     residence), county, city, state, and zip code.
34         (9) Spaces for the person to fill in his or her mailing

 

 

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1     address, city, state, and zip code if different from his or
2     her principal place of residence.
3         (10) A space for the person to fill in his or her
4     Illinois driver's license number if the person has a
5     driver's license.
6         (11) A space for a person without a driver's license to
7     fill in the last four digits of his or her social security
8     number if the person has a social security number.
9         (12) A space for a person without an Illinois driver's
10     license to fill in his or her identification number from
11     his or her State Identification card issued by the
12     Secretary of State.
13         (13) A space for the person to fill the name appearing
14     on his or her last voter registration, the street address
15     of his or her last registration, including the city,
16     county, state, and zip code.
17         (14) A space where the person swears or affirms the
18     following under penalty of perjury with his or her
19     signature:
20             (a) "I am a citizen of the United States.";
21             (b) "I will be at least 18 years old on or before
22         the next election.";
23             (c) "I will have lived in the State of Illinois and
24         in my election precinct at least 30 days as of the date
25         of the next election."; and
26             "The information I have provided is true to the
27         best of my knowledge under penalty of perjury. If I
28         have provided false information, then than I may be
29         fined, imprisoned, or if I am not a U.S. citizen,
30         deported from or refused entry into the United States."
31     (d) Compliance with federal law; rulemaking authority. The
32 voter registration form described in this Section shall be
33 consistent with the form prescribed by the Federal Election
34 Commission under the National Voter Registration Act of 1993,

 

 

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1 P.L. 103-31, as amended from time to time, and the Help America
2 Vote Act of 2002, P.L. 107-252, in all relevant respects. The
3 State Board of Elections shall periodically update the form
4 based on changes to federal or State law. The State Board of
5 Elections shall promulgate any rules necessary for the
6 implementation of this Section; provided that the rules comport
7 with the letter and spirit of the National Voter Registration
8 Act of 1993 and Help America Vote Act of 2002 and maximize the
9 opportunity for a person to register to vote.
10     (e) Forms available in paper form. The State Board of
11 Elections shall make the voter registration form available in
12 regular paper stock and form in sufficient quantities for the
13 general public. The State Board of Elections may provide the
14 voter registration form to the Secretary of State, county
15 clerks, boards of election commissioners, designated agencies
16 of the State of Illinois, and any other person or entity
17 designated to have these forms by the Election Code in regular
18 paper stock and form or some other format deemed suitable by
19 the Board. Each county clerk or board of election commissioners
20 has the authority to design and print its own voter
21 registration form so long as the form complies with the
22 requirements of this Section. The State Board of Elections,
23 county clerks, boards of election commissioners, or other
24 designated agencies of the State of Illinois required to have
25 these forms under the Election Code shall provide a member of
26 the public with any reasonable number of forms that he or she
27 may request. Nothing in this Section shall permit the State
28 Board of Elections, county clerk, board of election
29 commissioners, or other appropriate election official who may
30 accept a voter registration form to refuse to accept a voter
31 registration form because the form is printed on photocopier or
32 regular paper stock and form.
33     (f) Internet voter registration study. The State Board of
34 Elections shall investigate the feasibility of offering voter

 

 

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1 registration on its website and consider voter registration
2 methods of other states in an effort to maximize the
3 opportunity for all Illinois citizens to register to vote. The
4 State Board of Elections shall assemble its findings in a
5 report and submit it to the General Assembly no later than
6 January 1, 2006. The report shall contain legislative
7 recommendations to the General Assembly on improving voter
8 registration in Illinois.
9 (Source: P.A. 93-574, eff. 8-21-03.)
 
10     (10 ILCS 5/1A-17 new)
11     Sec. 1A-17. Voter registration outreach.
12     (a) The Secretary of State, the Department of Human
13 Services, the Department of Children and Family Services, the
14 Department of Public Aid, the Department of Employment
15 Security, and each public institution of higher learning in
16 Illinois must make available on its World Wide Web site a
17 downloadable, printable voter registration form that complies
18 with the requirements in subsection (d) of Section 1A-16 for
19 the State Board of Elections' voter registration form.
20     (b) Each public institution of higher learning in Illinois
21 must include voter registration information and a voter
22 registration form supplied by the State Board of Elections
23 under subsection (e) of Section 1A-16 in any mailing of student
24 registration materials to an address located in Illinois. Each
25 public institution of higher learning must provide voter
26 registration information and a voter registration form
27 supplied by the State Board of Elections under subsection (e)
28 of Section 1A-16 to each person with whom the institution
29 conducts in-person student registration.
30     (c) Each member of the General Assembly may make available,
31 or authorize his or her staff to make available, voter
32 registration forms supplied by the State Board of Elections
33 under subsection (e) of Section 1A-16 to the public at the

 

 

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1 member's district office in a manner determined by the member.
2     (d) As used in this Section, a public institution of higher
3 learning means a public university, college, or community
4 college in Illinois.
 
5     (10 ILCS 5/1A-18 new)
6     Sec. 1A-18. Voter registration at State services
7 facilities. The Department of Human Services, the Department of
8 Children and Family Services, the Department of Public Aid, and
9 the Department of Employment Security shall provide voter
10 registration services at each facility where they provide
11 services to the public or to their clients. The voter
12 registration services shall be the same as, and the manner in
13 which they are provided shall be similar to, those provided by
14 the Secretary of State at driver services facilities in
15 compliance with the National Voter Registration Act of 1993,
16 the Help America Vote Act of 2002, Sections 4-6.2, 5-16.2, and
17 6-50.2 of this Code, and Section 2-105 of the Illinois Vehicle
18 Code.
19     The Secretary of State, the Department of Human Services,
20 the Department of Children and Family Services, the Department
21 of Public Aid, and the Department of Employment Security are
22 subject to rules adopted by the State Board of Elections that
23 implement the National Voter Registration Act of 1993 and the
24 Help America Vote Act of 2002. The State Board of Elections
25 shall modify or adopt rules for the implementation of this
26 Section. In the interest of public welfare, the State Board of
27 Elections may initially modify or initially adopt rules
28 implementing this Section under the emergency rulemaking
29 provisions of Section 5-45 of the Illinois Administrative
30 Procedure Act.
31     The Secretary of State, the Department of Human Services,
32 the Department of Children and Family Services, the Department
33 of Public Aid, and the Department of Employment Security shall

 

 

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1 adopt rules for the implementation of this Section. In the
2 interest of public welfare, the Secretary of State and each
3 Department may initially adopt rules implementing this Section
4 under the emergency rulemaking provisions of Section 5-45 of
5 the Illinois Administrative Procedure Act.
6
7     
 
8     (10 ILCS 5/1A-19 new)
9     Sec. 1A-19. Effect of extension of canvassing period on
10 terms of public offices and official acts.
11     (a) Notwithstanding any law to the contrary, if the
12 proclamation of election results for an elected office has not
13 been issued by the date of the commencement of the term of that
14 elected office because of the extension of canvassing periods
15 under this amendatory Act of the 93rd General Assembly, then
16 the term of the elected office shall commence on a date 14 days
17 after the proclamation of election results is issued for that
18 elected office.
19     (b) If subsection (a) applies to the commencement date of
20 an elected official's term, and if the elected official is
21 authorized or required by law to perform an official act by a
22 date occurring before the commencement of his or her term of
23 office, including but not limited to holding an organizational
24 meeting of the public body to which the public official is
25 elected, then notwithstanding any law to the contrary the date
26 by which the act shall be performed shall be a date 14 days
27 after the date otherwise established by law.
28     (c) Notwithstanding any other provision of this Section or
29 of this Code to the contrary, the terms of office for Supreme,
30 Appellate, and Circuit Judges commence on the first Monday in
31 December following their election or retention. Judicial
32 election results must be proclaimed before that date.
 

 

 

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1     (10 ILCS 5/4-6.2)  (from Ch. 46, par. 4-6.2)
2     Sec. 4-6.2. (a) The county clerk shall appoint all
3 municipal and township or road district clerks or their duly
4 authorized deputies as deputy registrars who may accept the
5 registration of all qualified residents of the State their
6 respective municipalities, townships and road districts. A
7 deputy registrar serving as such by virtue of his status as a
8 municipal clerk, or a duly authorized deputy of a municipal
9 clerk, of a municipality the territory of which lies in more
10 than one county may accept the registration of any qualified
11 resident of the municipality, regardless of which county the
12 resident, municipal clerk or the duly authorized deputy of the
13 municipal clerk lives in.
14     The county clerk shall appoint all precinct
15 committeepersons in the county as deputy registrars who may
16 accept the registration of any qualified resident of the State
17 county, except during the 27 days preceding an election.
18     The election authority shall appoint as deputy registrars a
19 reasonable number of employees of the Secretary of State
20 located at driver's license examination stations and
21 designated to the election authority by the Secretary of State
22 who may accept the registration of any qualified residents of
23 the State county at any such driver's license examination
24 stations. The appointment of employees of the Secretary of
25 State as deputy registrars shall be made in the manner provided
26 in Section 2-105 of the Illinois Vehicle Code.
27     The county clerk shall appoint deputy registrars
28 designated by the Department of Human Services, the Department
29 of Children and Family Services, the Department of Public Aid,
30 and the Department of Employment Security who may accept the
31 registration of qualified residents of the State as provided in
32 Section 1A-18.
33     The county clerk shall appoint each of the following named
34 persons as deputy registrars upon the written request of such

 

 

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1 persons:
2         1. The chief librarian, or a qualified person
3     designated by the chief librarian, of any public library
4     situated within the election jurisdiction, who may accept
5     the registrations of any qualified resident of the State
6     county, at such library.
7         2. The principal, or a qualified person designated by
8     the principal, of any high school, elementary school, or
9     vocational school situated within the election
10     jurisdiction, who may accept the registrations of any
11     qualified resident of the State county, at such school. The
12     county clerk shall notify every principal and
13     vice-principal of each high school, elementary school, and
14     vocational school situated within the election
15     jurisdiction of their eligibility to serve as deputy
16     registrars and offer training courses for service as deputy
17     registrars at conveniently located facilities at least 4
18     months prior to every election.
19         3. The president, or a qualified person designated by
20     the president, of any university, college, community
21     college, academy or other institution of learning situated
22     within the election jurisdiction, who may accept the
23     registrations of any resident of the State county, at such
24     university, college, community college, academy or
25     institution.
26         4. A duly elected or appointed official of a bona fide
27     labor organization, or a reasonable number of qualified
28     members designated by such official, who may accept the
29     registrations of any qualified resident of the State
30     county.
31         5. A duly elected or appointed official of a bonafide
32     State civic organization, as defined and determined by rule
33     of the State Board of Elections, or qualified members
34     designated by such official, who may accept the

 

 

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1     registration of any qualified resident of the State county.
2     In determining the number of deputy registrars that shall
3     be appointed, the county clerk shall consider the
4     population of the jurisdiction, the size of the
5     organization, the geographic size of the jurisdiction,
6     convenience for the public, the existing number of deputy
7     registrars in the jurisdiction and their location, the
8     registration activities of the organization and the need to
9     appoint deputy registrars to assist and facilitate the
10     registration of non-English speaking individuals. In no
11     event shall a county clerk fix an arbitrary number
12     applicable to every civic organization requesting
13     appointment of its members as deputy registrars. The State
14     Board of Elections shall by rule provide for certification
15     of bonafide State civic organizations. Such appointments
16     shall be made for a period not to exceed 2 years,
17     terminating on the first business day of the month
18     following the month of the general election, and shall be
19     valid for all periods of voter registration as provided by
20     this Code during the terms of such appointments.
21         6. (Blank.) The Director of the Illinois Department of
22     Public Aid, or a reasonable number of employees designated
23     by the Director and located at public aid offices, who may
24     accept the registration of any qualified resident of the
25     county at any such public aid office.
26         7. (Blank.) The Director of the Illinois Department of
27     Employment Security, or a reasonable number of employees
28     designated by the Director and located at unemployment
29     offices, who may accept the registration of any qualified
30     resident of the county at any such unemployment office.
31         8. The president of any corporation as defined by the
32     Business Corporation Act of 1983, or a reasonable number of
33     employees designated by such president, who may accept the
34     registrations of any qualified resident of the State

 

 

09300SB0955ham004 - 16 - LRB093 02865 JAM 51870 a

1     county.
2     If the request to be appointed as deputy registrar is
3 denied, the county clerk shall, within 10 days after the date
4 the request is submitted, provide the affected individual or
5 organization with written notice setting forth the specific
6 reasons or criteria relied upon to deny the request to be
7 appointed as deputy registrar.
8     The county clerk may appoint as many additional deputy
9 registrars as he considers necessary. The county clerk shall
10 appoint such additional deputy registrars in such manner that
11 the convenience of the public is served, giving due
12 consideration to both population concentration and area. Some
13 of the additional deputy registrars shall be selected so that
14 there are an equal number from each of the 2 major political
15 parties in the election jurisdiction. The county clerk, in
16 appointing an additional deputy registrar, shall make the
17 appointment from a list of applicants submitted by the Chairman
18 of the County Central Committee of the applicant's political
19 party. A Chairman of a County Central Committee shall submit a
20 list of applicants to the county clerk by November 30 of each
21 year. The county clerk may require a Chairman of a County
22 Central Committee to furnish a supplemental list of applicants.
23     Deputy registrars may accept registrations at any time
24 other than the 27 day period preceding an election. All persons
25 appointed as deputy registrars shall be registered voters
26 within the county and shall take and subscribe to the following
27 oath or affirmation:
28     "I do solemnly swear (or affirm, as the case may be) that I
29 will support the Constitution of the United States, and the
30 Constitution of the State of Illinois, and that I will
31 faithfully discharge the duties of the office of deputy
32 registrar to the best of my ability and that I will register no
33 person nor cause the registration of any person except upon his
34 personal application before me.

 

 

09300SB0955ham004 - 17 - LRB093 02865 JAM 51870 a

1
............................
2
(Signature Deputy Registrar)"
3     This oath shall be administered by the county clerk, or by
4 one of his deputies, or by any person qualified to take
5 acknowledgement of deeds and shall immediately thereafter be
6 filed with the county clerk.
7     Appointments of deputy registrars under this Section,
8 except precinct committeemen, shall be for 2-year terms,
9 commencing on December 1 following the general election of each
10 even-numbered year; except that the terms of the initial
11 appointments shall be until December 1st following the next
12 general election. Appointments of precinct committeemen shall
13 be for 2-year terms commencing on the date of the county
14 convention following the general primary at which they were
15 elected. The county clerk shall issue a certificate of
16 appointment to each deputy registrar, and shall maintain in his
17 office for public inspection a list of the names of all
18 appointees.
19     (b) The county clerk shall be responsible for training all
20 deputy registrars appointed pursuant to subsection (a), at
21 times and locations reasonably convenient for both the county
22 clerk and such appointees. The county clerk shall be
23 responsible for certifying and supervising all deputy
24 registrars appointed pursuant to subsection (a). Deputy
25 registrars appointed under subsection (a) shall be subject to
26 removal for cause.
27     (c) Completed registration materials under the control of
28 deputy registrars, appointed pursuant to subsection (a), shall
29 be returned to the appointing proper election authority within
30 7 days, except that completed registration materials received
31 by the deputy registrars during the period between the 35th and
32 28th day preceding an election shall be returned by the deputy
33 registrars to the appointing proper election authority within
34 48 hours after receipt thereof. The completed registration

 

 

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1 materials received by the deputy registrars on the 28th day
2 preceding an election shall be returned by the deputy
3 registrars within 24 hours after receipt thereof. Unused
4 materials shall be returned by deputy registrars appointed
5 pursuant to paragraph 4 of subsection (a), not later than the
6 next working day following the close of registration.
7     (d) The county clerk or board of election commissioners, as
8 the case may be, must provide any additional forms requested by
9 any deputy registrar regardless of the number of unaccounted
10 registration forms the deputy registrar may have in his or her
11 possession.
12     (e) No deputy registrar shall engage in any electioneering
13 or the promotion of any cause during the performance of his or
14 her duties.
15     (f) The county clerk shall not be criminally or civilly
16 liable for the acts or omissions of any deputy registrar. Such
17 deputy registrars shall not be deemed to be employees of the
18 county clerk.
19     (g) Completed registration materials returned by deputy
20 registrars for persons residing outside the county shall be
21 transmitted by the county clerk within 2 days after receipt to
22 the election authority of the person's election jurisdiction of
23 residence.
24 (Source: P.A. 92-816, eff. 8-21-02; 93-574, eff. 8-21-03.)
 
25     (10 ILCS 5/4-8)  (from Ch. 46, par. 4-8)
26     Sec. 4-8. The county clerk shall provide a sufficient
27 number of blank forms for the registration of electors, which
28 shall be known as registration record cards and which shall
29 consist of loose leaf sheets or cards, of suitable size to
30 contain in plain writing and figures the data hereinafter
31 required thereon or shall consist of computer cards of suitable
32 nature to contain the data required thereon. The registration
33 record cards, which shall include an affidavit of registration

 

 

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1 as hereinafter provided, shall be executed in duplicate.
2     The registration record card shall contain the following
3 and such other information as the county clerk may think it
4 proper to require for the identification of the applicant for
5 registration:
6     Name. The name of the applicant, giving surname and first
7 or Christian name in full, and the middle name or the initial
8 for such middle name, if any.
9     Sex.
10     Residence. The name and number of the street, avenue, or
11 other location of the dwelling, including the apartment, unit
12 or room number, if any, and in the case of a mobile home the lot
13 number, and such additional clear and definite description as
14 may be necessary to determine the exact location of the
15 dwelling of the applicant. Where the location cannot be
16 determined by street and number, then the section,
17 congressional township and range number may be used, or such
18 other description as may be necessary, including post-office
19 mailing address. In the case of a homeless individual, the
20 individual's voting residence that is his or her mailing
21 address shall be included on his or her registration record
22 card.
23     Term of residence in the State of Illinois and precinct.
24 This information shall be furnished by the applicant stating
25 the place or places where he resided and the dates during which
26 he resided in such place or places during the year next
27 preceding the date of the next ensuing election.
28     Nativity. The state or country in which the applicant was
29 born.
30     Citizenship. Whether the applicant is native born or
31 naturalized. If naturalized, the court, place, and date of
32 naturalization.
33     Date of application for registration, i.e., the day, month
34 and year when applicant presented himself for registration.

 

 

09300SB0955ham004 - 20 - LRB093 02865 JAM 51870 a

1     Age. Date of birth, by month, day and year.
2     Physical disability of the applicant, if any, at the time
3 of registration, which would require assistance in voting.
4     The county and state in which the applicant was last
5 registered.
6     Signature of voter. The applicant, after the registration
7 and in the presence of a deputy registrar or other officer of
8 registration shall be required to sign his or her name in ink
9 to the affidavit on both the original and duplicate
10 registration record cards.
11     Signature of deputy registrar or officer of registration.
12     In case applicant is unable to sign his name, he may affix
13 his mark to the affidavit. In such case the officer empowered
14 to give the registration oath shall write a detailed
15 description of the applicant in the space provided on the back
16 or at the bottom of the card or sheet; and shall ask the
17 following questions and record the answers thereto:
18     Father's first name.
19     Mother's first name.
20     From what address did the applicant last register?
21     Reason for inability to sign name.
22     Each applicant for registration shall make an affidavit in
23 substantially the following form:
24
AFFIDAVIT OF REGISTRATION
25 STATE OF ILLINOIS
26 COUNTY OF .......
27     I hereby swear (or affirm) that I am a citizen of the
28 United States; that on the date of the next election I shall
29 have resided in the State of Illinois and in the election
30 precinct in which I reside 30 days and that I intend that this
31 location shall be my residence; that I am fully qualified to
32 vote, and that the above statements are true.
33
..............................
34
(His or her signature or mark)

 

 

09300SB0955ham004 - 21 - LRB093 02865 JAM 51870 a

1     Subscribed and sworn to before me on (insert date).
2 ..................................
3 Signature of registration officer.
4 (To be signed in presence of registrant.)
 
5     Space shall be provided upon the face of each registration
6 record card for the notation of the voting record of the person
7 registered thereon.
8     Each registration record card shall be numbered according
9 to precincts, and may be serially or otherwise marked for
10 identification in such manner as the county clerk may
11 determine.
12     The registration cards shall be deemed public records and
13 shall be open to inspection during regular business hours,
14 except during the 27 days immediately preceding any election.
15 On written request of any candidate or objector or any person
16 intending to object to a petition, the election authority shall
17 extend its hours for inspection of registration cards and other
18 records of the election authority during the period beginning
19 with the filing of petitions under Sections 7-10, 8-8, 10-6 or
20 28-3 and continuing through the termination of electoral board
21 hearings on any objections to petitions containing signatures
22 of registered voters in the jurisdiction of the election
23 authority. The extension shall be for a period of hours
24 sufficient to allow adequate opportunity for examination of the
25 records but the election authority is not required to extend
26 its hours beyond the period beginning at its normal opening for
27 business and ending at midnight. If the business hours are so
28 extended, the election authority shall post a public notice of
29 such extended hours. Registration record cards may also be
30 inspected, upon approval of the officer in charge of the cards,
31 during the 27 days immediately preceding any election.
32 Registration record cards shall also be open to inspection by
33 certified judges and poll watchers and challengers at the

 

 

09300SB0955ham004 - 22 - LRB093 02865 JAM 51870 a

1 polling place on election day, but only to the extent necessary
2 to determine the question of the right of a person to vote or
3 to serve as a judge of election. At no time shall poll watchers
4 or challengers be allowed to physically handle the registration
5 record cards.
6     Within 2 business days after completion of a voter
7 registration by any means authorized by law, the election
8 authority shall transmit the registration information to the
9 State Board of Elections, which must maintain the information
10 in an electronic format arranged by county.
11     Updated copies of computer tapes or computer discs or other
12 electronic data processing information containing voter
13 registration information shall be furnished by the county clerk
14 within 10 days after December 15 and May 15 each year and
15 within 10 days after each registration period is closed to the
16 State Board of Elections in a form prescribed by the Board. For
17 the purposes of this Section, a registration period is closed
18 27 days before the date of any regular or special election.
19 Registration information shall include, but not be limited to,
20 the following information: name, sex, residence, telephone
21 number, if any, age, party affiliation, if applicable,
22 precinct, ward, township, county, and representative,
23 legislative and congressional districts. In the event of
24 noncompliance, the State Board of Elections is directed to
25 obtain compliance forthwith with this nondiscretionary duty of
26 the election authority by instituting legal proceedings in the
27 circuit court of the county in which the election authority
28 maintains the registration information. The costs of
29 furnishing updated copies of tapes or discs shall be paid at a
30 rate of $.00034 per name of registered voters in the election
31 jurisdiction, but not less than $50 per tape or disc and shall
32 be paid from appropriations made to the State Board of
33 Elections for reimbursement to the election authority for such
34 purpose. The State Board shall furnish copies of such tapes,

 

 

09300SB0955ham004 - 23 - LRB093 02865 JAM 51870 a

1 discs, other electronic data or compilations thereof to state
2 political committees registered pursuant to the Illinois
3 Campaign Finance Act or the Federal Election Campaign Act at
4 their request and at a reasonable cost. Copies of the tapes,
5 discs or other electronic data shall be furnished by the county
6 clerk to local political committees at their request and at a
7 reasonable cost. To protect the privacy and confidentiality of
8 voter registration information, the disclosure of electronic
9 voter registration records to any person or entity other than
10 to a State or local political committee and other than to a
11 governmental entity for a governmental purpose is specifically
12 prohibited. Copies of the tapes, discs, or other electronic
13 data shall be furnished by the county clerk to local political
14 committees and governmental entities at their request and at a
15 reasonable cost. Reasonable cost of the tapes, discs, et cetera
16 for this purpose would be the cost of duplication plus 15% for
17 administration. The individual representing a political
18 committee requesting copies of such tapes shall make a sworn
19 affidavit that the information shall be used only for bona fide
20 political purposes, including by or for candidates for office
21 or incumbent office holders. Such tapes, discs or other
22 electronic data shall not be used under any circumstances by
23 any political committee or individuals for purposes of
24 commercial solicitation or other business purposes. If such
25 tapes contain information on county residents related to the
26 operations of county government in addition to registration
27 information, that information shall not be used under any
28 circumstances for commercial solicitation or other business
29 purposes. The prohibition in this Section against using the
30 computer tapes or computer discs or other electronic data
31 processing information containing voter registration
32 information for purposes of commercial solicitation or other
33 business purposes shall be prospective only from the effective
34 date of this amended Act of 1979. Any person who violates this

 

 

09300SB0955ham004 - 24 - LRB093 02865 JAM 51870 a

1 provision shall be guilty of a Class 4 felony.
2     The State Board of Elections shall promulgate, by October
3 1, 1987, such regulations as may be necessary to ensure
4 uniformity throughout the State in electronic data processing
5 of voter registration information. The regulations shall
6 include, but need not be limited to, specifications for uniform
7 medium, communications protocol and file structure to be
8 employed by the election authorities of this State in the
9 electronic data processing of voter registration information.
10 Each election authority utilizing electronic data processing
11 of voter registration information shall comply with such
12 regulations on and after May 15, 1988.
13     If the applicant for registration was last registered in
14 another county within this State, he shall also sign a
15 certificate authorizing cancellation of the former
16 registration. The certificate shall be in substantially the
17 following form:
18 To the County Clerk of.... County, Illinois. (or)
19 To the Election Commission of the City of ...., Illinois.
20     This is to certify that I am registered in your (county)
21 (city) and that my residence was ............................
22 Having moved out of your (county) (city), I hereby authorize
23 you to cancel said registration in your office.
24 Dated at ...., Illinois, on (insert date).
25
.................................
26
(Signature of Voter)
27 Attest: ................,  County Clerk, .............
28 County, Illinois.
29     The cancellation certificate shall be mailed immediately
30 by the County Clerk to the County Clerk (or election commission
31 as the case may be) where the applicant was formerly
32 registered. Receipt of such certificate shall be full authority
33 for cancellation of any previous registration.
34 (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02;

 

 

09300SB0955ham004 - 25 - LRB093 02865 JAM 51870 a

1 93-574, eff. 8-21-03.)
 
2     (10 ILCS 5/4-50 new)
3     Sec. 4-50. Grace period. Notwithstanding any other
4 provision of this Code to the contrary, each election authority
5 shall establish procedures for the registration of voters
6 during the period from the close of registration for a primary
7 or election and until the 14th day before the primary or
8 election. During this grace period, an unregistered qualified
9 elector may register to vote in person in the office of the
10 election authority or at a voter registration location
11 specifically designated for this purpose by the election
12 authority. A registered voter may submit a change of address
13 form in person in the office of the election authority or at a
14 voter registration location specifically designated for this
15 purpose by the election authority during this period as well.
16     The election authority shall register that individual or
17 change his or her address in the manner provided by law. At the
18 time a person has completed registration or has submitted a
19 change of address during the grace period established under
20 this Section, the person shall sign and receive a document
21 dated and signed by the election authority or the election
22 authority's designated representative that states the
23 registrant's name and address and that the person is registered
24 to vote and is eligible to receive a ballot at the next
25 election or primary election after the date of registration or
26 change of address. The election authority or the election
27 authority's designated representative and the document itself
28 shall advise the registrant to retain the document and to have
29 the document available for inspection upon entering the polling
30 place on the next election day or primary election day after
31 registration, but failure to present the document is not a bar
32 to voting.
33     The election authority shall endeavor to complete all steps

 

 

09300SB0955ham004 - 26 - LRB093 02865 JAM 51870 a

1 necessary to make that individual's registration information
2 available within 48 hours after his or her registration.
 
3     (10 ILCS 5/5-7)   (from Ch. 46, par. 5-7)
4     Sec. 5-7. The county clerk shall provide a sufficient
5 number of blank forms for the registration of electors which
6 shall be known as registration record cards and which shall
7 consist of loose leaf sheets or cards, of suitable size to
8 contain in plain writing and figures the data hereinafter
9 required thereon or shall consist of computer cards of suitable
10 nature to contain the data required thereon. The registration
11 record cards, which shall include an affidavit of registration
12 as hereinafter provided, shall be executed in duplicate.
13     The registration record card shall contain the following
14 and such other information as the county clerk may think it
15 proper to require for the identification of the applicant for
16 registration:
17     Name. The name of the applicant, giving surname and first
18 or Christian name in full, and the middle name or the initial
19 for such middle name, if any.
20     Sex.
21     Residence. The name and number of the street, avenue, or
22 other location of the dwelling, including the apartment, unit
23 or room number, if any, and in the case of a mobile home the lot
24 number, and such additional clear and definite description as
25 may be necessary to determine the exact location of the
26 dwelling of the applicant, including post-office mailing
27 address. In the case of a homeless individual, the individual's
28 voting residence that is his or her mailing address shall be
29 included on his or her registration record card.
30     Term of residence in the State of Illinois and the
31 precinct. Which questions may be answered by the applicant
32 stating, in excess of 30 days in the State and in excess of 30
33 days in the precinct.

 

 

09300SB0955ham004 - 27 - LRB093 02865 JAM 51870 a

1     Nativity. The State or country in which the applicant was
2 born.
3     Citizenship. Whether the applicant is native born or
4 naturalized. If naturalized, the court, place and date of
5 naturalization.
6     Date of application for registration, i.e., the day, month
7 and year when applicant presented himself for registration.
8     Age. Date of birth, by month, day and year.
9     Physical disability of the applicant, if any, at the time
10 of registration, which would require assistance in voting.
11     The county and state in which the applicant was last
12 registered.
13     Signature of voter. The applicant, after the registration
14 and in the presence of a deputy registrar or other officer of
15 registration shall be required to sign his or her name in ink
16 to the affidavit on the original and duplicate registration
17 record card.
18     Signature of Deputy Registrar.
19     In case applicant is unable to sign his name, he may affix
20 his mark to the affidavit. In such case the officer empowered
21 to give the registration oath shall write a detailed
22 description of the applicant in the space provided at the
23 bottom of the card or sheet; and shall ask the following
24 questions and record the answers thereto:
25     Father's first name .......................
26     Mother's first name .......................
27     From what address did you last register?
28     Reason for inability to sign name.
29     Each applicant for registration shall make an affidavit in
30 substantially the following form:
31
AFFIDAVIT OF REGISTRATION
32 State of Illinois)
33                  )ss
34 County of        )

 

 

09300SB0955ham004 - 28 - LRB093 02865 JAM 51870 a

1     I hereby swear (or affirm) that I am a citizen of the
2 United States; that on the date of the next election I shall
3 have resided in the State of Illinois and in the election
4 precinct in which I reside 30 days; that I am fully qualified
5 to vote. That I intend that this location shall be my residence
6 and that the above statements are true.
7
..............................
8
(His or her signature or mark)
9     Subscribed and sworn to before me on (insert date).
10 .........................................
11     Signature of Registration Officer.
12 (To be signed in presence of Registrant.)
 
13     Space shall be provided upon the face of each registration
14 record card for the notation of the voting record of the person
15 registered thereon.
16     Each registration record card shall be numbered according
17 to towns and precincts, wards, cities and villages, as the case
18 may be, and may be serially or otherwise marked for
19 identification in such manner as the county clerk may
20 determine.
21     The registration cards shall be deemed public records and
22 shall be open to inspection during regular business hours,
23 except during the 27 days immediately preceding any election.
24 On written request of any candidate or objector or any person
25 intending to object to a petition, the election authority shall
26 extend its hours for inspection of registration cards and other
27 records of the election authority during the period beginning
28 with the filing of petitions under Sections 7-10, 8-8, 10-6 or
29 28-3 and continuing through the termination of electoral board
30 hearings on any objections to petitions containing signatures
31 of registered voters in the jurisdiction of the election
32 authority. The extension shall be for a period of hours
33 sufficient to allow adequate opportunity for examination of the

 

 

09300SB0955ham004 - 29 - LRB093 02865 JAM 51870 a

1 records but the election authority is not required to extend
2 its hours beyond the period beginning at its normal opening for
3 business and ending at midnight. If the business hours are so
4 extended, the election authority shall post a public notice of
5 such extended hours. Registration record cards may also be
6 inspected, upon approval of the officer in charge of the cards,
7 during the 27 days immediately preceding any election.
8 Registration record cards shall also be open to inspection by
9 certified judges and poll watchers and challengers at the
10 polling place on election day, but only to the extent necessary
11 to determine the question of the right of a person to vote or
12 to serve as a judge of election. At no time shall poll watchers
13 or challengers be allowed to physically handle the registration
14 record cards.
15     Within 2 business days after completion of a voter
16 registration by any means authorized by law, the election
17 authority shall transmit the registration information to the
18 State Board of Elections, which must maintain the information
19 in an electronic format arranged by county.
20     Updated copies of computer tapes or computer discs or other
21 electronic data processing information containing voter
22 registration information shall be furnished by the county clerk
23 within 10 days after December 15 and May 15 each year and
24 within 10 days after each registration period is closed to the
25 State Board of Elections in a form prescribed by the Board. For
26 the purposes of this Section, a registration period is closed
27 27 days before the date of any regular or special election.
28 Registration information shall include, but not be limited to,
29 the following information: name, sex, residence, telephone
30 number, if any, age, party affiliation, if applicable,
31 precinct, ward, township, county, and representative,
32 legislative and congressional districts. In the event of
33 noncompliance, the State Board of Elections is directed to
34 obtain compliance forthwith with this nondiscretionary duty of

 

 

09300SB0955ham004 - 30 - LRB093 02865 JAM 51870 a

1 the election authority by instituting legal proceedings in the
2 circuit court of the county in which the election authority
3 maintains the registration information. The costs of
4 furnishing updated copies of tapes or discs shall be paid at a
5 rate of $.00034 per name of registered voters in the election
6 jurisdiction, but not less than $50 per tape or disc and shall
7 be paid from appropriations made to the State Board of
8 Elections for reimbursement to the election authority for such
9 purpose. The State Board shall furnish copies of such tapes,
10 discs, other electronic data or compilations thereof to state
11 political committees registered pursuant to the Illinois
12 Campaign Finance Act or the Federal Election Campaign Act at
13 their request and at a reasonable cost. To protect the privacy
14 and confidentiality of voter registration information, the
15 disclosure of electronic voter registration records to any
16 person or entity other than to a State or local political
17 committee and other than to a governmental entity for a
18 governmental purpose is specifically prohibited. Copies of the
19 tapes, discs or other electronic data shall be furnished by the
20 county clerk to local political committees and governmental
21 entities at their request and at a reasonable cost. Reasonable
22 cost of the tapes, discs, et cetera for this purpose would be
23 the cost of duplication plus 15% for administration. The
24 individual representing a political committee requesting
25 copies of such tapes shall make a sworn affidavit that the
26 information shall be used only for bona fide political
27 purposes, including by or for candidates for office or
28 incumbent office holders. Such tapes, discs or other electronic
29 data shall not be used under any circumstances by any political
30 committee or individuals for purposes of commercial
31 solicitation or other business purposes. If such tapes contain
32 information on county residents related to the operations of
33 county government in addition to registration information,
34 that information shall not be used under any circumstances for

 

 

09300SB0955ham004 - 31 - LRB093 02865 JAM 51870 a

1 commercial solicitation or other business purposes. The
2 prohibition in this Section against using the computer tapes or
3 computer discs or other electronic data processing information
4 containing voter registration information for purposes of
5 commercial solicitation or other business purposes shall be
6 prospective only from the effective date of this amended Act of
7 1979. Any person who violates this provision shall be guilty of
8 a Class 4 felony.
9     The State Board of Elections shall promulgate, by October
10 1, 1987, such regulations as may be necessary to ensure
11 uniformity throughout the State in electronic data processing
12 of voter registration information. The regulations shall
13 include, but need not be limited to, specifications for uniform
14 medium, communications protocol and file structure to be
15 employed by the election authorities of this State in the
16 electronic data processing of voter registration information.
17 Each election authority utilizing electronic data processing
18 of voter registration information shall comply with such
19 regulations on and after May 15, 1988.
20     If the applicant for registration was last registered in
21 another county within this State, he shall also sign a
22 certificate authorizing cancellation of the former
23 registration. The certificate shall be in substantially the
24 following form:
25 To the County Clerk of .... County, Illinois. To the Election
26 Commission of the City of ...., Illinois.
27     This is to certify that I am registered in your (county)
28 (city) and that my residence was .....
29     Having moved out of your (county) (city), I hereby
30 authorize you to cancel said registration in your office.
31 Dated at .... Illinois, on (insert date).
32
....................
33
(Signature of Voter)
34
Attest ......, County Clerk, ........ County, Illinois.

 

 

09300SB0955ham004 - 32 - LRB093 02865 JAM 51870 a

1     The cancellation certificate shall be mailed immediately
2 by the county clerk to the county clerk (or election commission
3 as the case may be) where the applicant was formerly
4 registered. Receipt of such certificate shall be full authority
5 for cancellation of any previous registration.
6 (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02;
7 93-574, eff. 8-21-03.)
 
8     (10 ILCS 5/5-16.2)  (from Ch. 46, par. 5-16.2)
9     Sec. 5-16.2. (a) The county clerk shall appoint all
10 municipal and township clerks or their duly authorized deputies
11 as deputy registrars who may accept the registration of all
12 qualified residents of the State their respective counties. A
13 deputy registrar serving as such by virtue of his status as a
14 municipal clerk, or a duly authorized deputy of a municipal
15 clerk, of a municipality the territory of which lies in more
16 than one county may accept the registration of any qualified
17 resident of any county in which the municipality is located,
18 regardless of which county the resident, municipal clerk or the
19 duly authorized deputy of the municipal clerk lives in.
20     The county clerk shall appoint all precinct
21 committeepersons in the county as deputy registrars who may
22 accept the registration of any qualified resident of the State
23 county, except during the 27 days preceding an election.
24     The election authority shall appoint as deputy registrars a
25 reasonable number of employees of the Secretary of State
26 located at driver's license examination stations and
27 designated to the election authority by the Secretary of State
28 who may accept the registration of any qualified residents of
29 the State county at any such driver's license examination
30 stations. The appointment of employees of the Secretary of
31 State as deputy registrars shall be made in the manner provided
32 in Section 2-105 of the Illinois Vehicle Code.
33     The county clerk shall appoint deputy registrars

 

 

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1 designated by the Department of Human Services, the Department
2 of Children and Family Services, the Department of Public Aid,
3 and the Department of Employment Security who may accept the
4 registration of qualified residents of the State as provided in
5 Section 1A-18.
6     The county clerk shall appoint each of the following named
7 persons as deputy registrars upon the written request of such
8 persons:
9         1. The chief librarian, or a qualified person
10     designated by the chief librarian, of any public library
11     situated within the election jurisdiction, who may accept
12     the registrations of any qualified resident of the State
13     county, at such library.
14         2. The principal, or a qualified person designated by
15     the principal, of any high school, elementary school, or
16     vocational school situated within the election
17     jurisdiction, who may accept the registrations of any
18     resident of the State county, at such school. The county
19     clerk shall notify every principal and vice-principal of
20     each high school, elementary school, and vocational school
21     situated within the election jurisdiction of their
22     eligibility to serve as deputy registrars and offer
23     training courses for service as deputy registrars at
24     conveniently located facilities at least 4 months prior to
25     every election.
26         3. The president, or a qualified person designated by
27     the president, of any university, college, community
28     college, academy or other institution of learning situated
29     within the election jurisdiction, who may accept the
30     registrations of any resident of the State county, at such
31     university, college, community college, academy or
32     institution.
33         4. A duly elected or appointed official of a bona fide
34     labor organization, or a reasonable number of qualified

 

 

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1     members designated by such official, who may accept the
2     registrations of any qualified resident of the State
3     county.
4         5. A duly elected or appointed official of a bona fide
5     State civic organization, as defined and determined by rule
6     of the State Board of Elections, or qualified members
7     designated by such official, who may accept the
8     registration of any qualified resident of the State county.
9     In determining the number of deputy registrars that shall
10     be appointed, the county clerk shall consider the
11     population of the jurisdiction, the size of the
12     organization, the geographic size of the jurisdiction,
13     convenience for the public, the existing number of deputy
14     registrars in the jurisdiction and their location, the
15     registration activities of the organization and the need to
16     appoint deputy registrars to assist and facilitate the
17     registration of non-English speaking individuals. In no
18     event shall a county clerk fix an arbitrary number
19     applicable to every civic organization requesting
20     appointment of its members as deputy registrars. The State
21     Board of Elections shall by rule provide for certification
22     of bona fide State civic organizations. Such appointments
23     shall be made for a period not to exceed 2 years,
24     terminating on the first business day of the month
25     following the month of the general election, and shall be
26     valid for all periods of voter registration as provided by
27     this Code during the terms of such appointments.
28         6. (Blank.) The Director of the Illinois Department of
29     Public Aid, or a reasonable number of employees designated
30     by the Director and located at public aid offices, who may
31     accept the registration of any qualified resident of the
32     county at any such public aid office.
33         7. (Blank.) The Director of the Illinois Department of
34     Employment Security, or a reasonable number of employees

 

 

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1     designated by the Director and located at unemployment
2     offices, who may accept the registration of any qualified
3     resident of the county at any such unemployment office.
4         8. The president of any corporation as defined by the
5     Business Corporation Act of 1983, or a reasonable number of
6     employees designated by such president, who may accept the
7     registrations of any qualified resident of the State
8     county.
9     If the request to be appointed as deputy registrar is
10 denied, the county clerk shall, within 10 days after the date
11 the request is submitted, provide the affected individual or
12 organization with written notice setting forth the specific
13 reasons or criteria relied upon to deny the request to be
14 appointed as deputy registrar.
15     The county clerk may appoint as many additional deputy
16 registrars as he considers necessary. The county clerk shall
17 appoint such additional deputy registrars in such manner that
18 the convenience of the public is served, giving due
19 consideration to both population concentration and area. Some
20 of the additional deputy registrars shall be selected so that
21 there are an equal number from each of the 2 major political
22 parties in the election jurisdiction. The county clerk, in
23 appointing an additional deputy registrar, shall make the
24 appointment from a list of applicants submitted by the Chairman
25 of the County Central Committee of the applicant's political
26 party. A Chairman of a County Central Committee shall submit a
27 list of applicants to the county clerk by November 30 of each
28 year. The county clerk may require a Chairman of a County
29 Central Committee to furnish a supplemental list of applicants.
30     Deputy registrars may accept registrations at any time
31 other than the 27 day period preceding an election. All persons
32 appointed as deputy registrars shall be registered voters
33 within the county and shall take and subscribe to the following
34 oath or affirmation:

 

 

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1     "I do solemnly swear (or affirm, as the case may be) that I
2 will support the Constitution of the United States, and the
3 Constitution of the State of Illinois, and that I will
4 faithfully discharge the duties of the office of deputy
5 registrar to the best of my ability and that I will register no
6 person nor cause the registration of any person except upon his
7 personal application before me.
8
...............................
9
(Signature of Deputy Registrar)"
10     This oath shall be administered by the county clerk, or by
11 one of his deputies, or by any person qualified to take
12 acknowledgement of deeds and shall immediately thereafter be
13 filed with the county clerk.
14     Appointments of deputy registrars under this Section,
15 except precinct committeemen, shall be for 2-year terms,
16 commencing on December 1 following the general election of each
17 even-numbered year, except that the terms of the initial
18 appointments shall be until December 1st following the next
19 general election. Appointments of precinct committeemen shall
20 be for 2-year terms commencing on the date of the county
21 convention following the general primary at which they were
22 elected. The county clerk shall issue a certificate of
23 appointment to each deputy registrar, and shall maintain in his
24 office for public inspection a list of the names of all
25 appointees.
26     (b) The county clerk shall be responsible for training all
27 deputy registrars appointed pursuant to subsection (a), at
28 times and locations reasonably convenient for both the county
29 clerk and such appointees. The county clerk shall be
30 responsible for certifying and supervising all deputy
31 registrars appointed pursuant to subsection (a). Deputy
32 registrars appointed under subsection (a) shall be subject to
33 removal for cause.
34     (c) Completed registration materials under the control of

 

 

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1 deputy registrars, appointed pursuant to subsection (a), shall
2 be returned to the appointing proper election authority within
3 7 days, except that completed registration materials received
4 by the deputy registrars during the period between the 35th and
5 28th day preceding an election shall be returned by the deputy
6 registrars to the appointing proper election authority within
7 48 hours after receipt thereof. The completed registration
8 materials received by the deputy registrars on the 28th day
9 preceding an election shall be returned by the deputy
10 registrars within 24 hours after receipt thereof. Unused
11 materials shall be returned by deputy registrars appointed
12 pursuant to paragraph 4 of subsection (a), not later than the
13 next working day following 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
27 registrars for persons residing outside the county shall be
28 transmitted by the county clerk within 2 days after receipt to
29 the election authority of the person's election jurisdiction of
30 residence.
31 (Source: P.A. 92-816, eff. 8-21-02; 93-574, eff. 8-21-03.)
 
32     (10 ILCS 5/5-50 new)
33     Sec. 5-50. Grace period. Notwithstanding any other

 

 

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1 provision of this Code to the contrary, each election authority
2 shall establish procedures for the registration of voters
3 during the period from the close of registration for a primary
4 or election and until the 14th day before the primary or
5 election. During this grace period, an unregistered qualified
6 elector may register to vote in person in the office of the
7 election authority or at a voter registration location
8 specifically designated for this purpose by the election
9 authority. A registered voter may submit a change of address
10 form in person in the office of the election authority or at a
11 voter registration location specifically designated for this
12 purpose by the election authority during this period as well.
13     The election authority shall register that individual or
14 change his or her address in the manner provided by law. At the
15 time a person has completed registration or has submitted a
16 change of address during the grace period established under
17 this Section, the person shall sign and receive a document
18 dated and signed by the election authority or the election
19 authority's designated representative that states the
20 registrant's name and address and that the person is registered
21 to vote and is eligible to receive a ballot at the next
22 election or primary election after the date of registration or
23 change of address. The election authority or the election
24 authority's designated representative and the document itself
25 shall advise the registrant to retain the document and to have
26 the document available for inspection upon entering the polling
27 place on the next election day or primary election day after
28 registration, but failure to present the document is not a bar
29 to voting.
30     The election authority shall endeavor to complete all steps
31 necessary to make that individual's registration information
32 available within 48 hours after his or her registration.
 
33     (10 ILCS 5/6-35)  (from Ch. 46, par. 6-35)

 

 

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1     Sec. 6-35. The Boards of Election Commissioners shall
2 provide a sufficient number of blank forms for the registration
3 of electors which shall be known as registration record cards
4 and which shall consist of loose leaf sheets or cards, of
5 suitable size to contain in plain writing and figures the data
6 hereinafter required thereon or shall consist of computer cards
7 of suitable nature to contain the data required thereon. The
8 registration record cards, which shall include an affidavit of
9 registration as hereinafter provided, shall be executed in
10 duplicate. The duplicate of which may be a carbon copy of the
11 original or a copy of the original made by the use of other
12 method or material used for making simultaneous true copies or
13 duplications.
14     The registration record card shall contain the following
15 and such other information as the Board of Election
16 Commissioners may think it proper to require for the
17 identification of the applicant for registration:
18     Name. The name of the applicant, giving surname and first
19 or Christian name in full, and the middle name or the initial
20 for such middle name, if any.
21     Sex.
22     Residence. The name and number of the street, avenue, or
23 other location of the dwelling, including the apartment, unit
24 or room number, if any, and in the case of a mobile home the lot
25 number, and such additional clear and definite description as
26 may be necessary to determine the exact location of the
27 dwelling of the applicant, including post-office mailing
28 address. In the case of a homeless individual, the individual's
29 voting residence that is his or her mailing address shall be
30 included on his or her registration record card.
31     Term of residence in the State of Illinois and the
32 precinct.
33     Nativity. The state or country in which the applicant was
34 born.

 

 

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1     Citizenship. Whether the applicant is native born or
2 naturalized. If naturalized, the court, place, and date of
3 naturalization.
4     Date of application for registration, i.e., the day, month
5 and year when the applicant presented himself for registration.
6     Age. Date of birth, by month, day and year.
7     Physical disability of the applicant, if any, at the time
8 of registration, which would require assistance in voting.
9     The county and state in which the applicant was last
10 registered.
11     Signature of voter. The applicant, after registration and
12 in the presence of a deputy registrar or other officer of
13 registration shall be required to sign his or her name in ink
14 to the affidavit on both the original and the duplicate
15 registration record card.
16     Signature of deputy registrar.
17     In case applicant is unable to sign his name, he may affix
18 his mark to the affidavit. In such case the registration
19 officer shall write a detailed description of the applicant in
20 the space provided at the bottom of the card or sheet; and
21 shall ask the following questions and record the answers
22 thereto:
23     Father's first name .........................
24     Mother's first name .........................
25     From what address did you last register? ....
26     Reason for inability to sign name ...........
27     Each applicant for registration shall make an affidavit in
28 substantially the following form:
29
AFFIDAVIT OF REGISTRATION
30 State of Illinois  )
31                    )ss
32 County of .......  )
33     I hereby swear (or affirm) that I am a citizen of the
34 United States, that on the day of the next election I shall

 

 

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1 have resided in the State of Illinois and in the election
2 precinct 30 days and that I intend that this location is my
3 residence; that I am fully qualified to vote, and that the
4 above statements are true.
5
..............................
6
(His or her signature or mark)
7     Subscribed and sworn to before me on (insert date).
8 ......................................
9     Signature of registration officer
10 (to be signed in presence of registrant).
11     Space shall be provided upon the face of each registration
12 record card for the notation of the voting record of the person
13 registered thereon.
14     Each registration record card shall be numbered according
15 to wards or precincts, as the case may be, and may be serially
16 or otherwise marked for identification in such manner as the
17 Board of Election Commissioners may determine.
18     The registration cards shall be deemed public records and
19 shall be open to inspection during regular business hours,
20 except during the 27 days immediately preceding any election.
21 On written request of any candidate or objector or any person
22 intending to object to a petition, the election authority shall
23 extend its hours for inspection of registration cards and other
24 records of the election authority during the period beginning
25 with the filing of petitions under Sections 7-10, 8-8, 10-6 or
26 28-3 and continuing through the termination of electoral board
27 hearings on any objections to petitions containing signatures
28 of registered voters in the jurisdiction of the election
29 authority. The extension shall be for a period of hours
30 sufficient to allow adequate opportunity for examination of the
31 records but the election authority is not required to extend
32 its hours beyond the period beginning at its normal opening for
33 business and ending at midnight. If the business hours are so
34 extended, the election authority shall post a public notice of

 

 

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1 such extended hours. Registration record cards may also be
2 inspected, upon approval of the officer in charge of the cards,
3 during the 27 days immediately preceding any election.
4 Registration record cards shall also be open to inspection by
5 certified judges and poll watchers and challengers at the
6 polling place on election day, but only to the extent necessary
7 to determine the question of the right of a person to vote or
8 to serve as a judge of election. At no time shall poll watchers
9 or challengers be allowed to physically handle the registration
10 record cards.
11     Within 2 business days after completion of a voter
12 registration by any means authorized by law, the election
13 authority shall transmit the registration information to the
14 State Board of Elections, which must maintain the information
15 in an electronic format arranged by county.
16     Updated copies of computer tapes or computer discs or other
17 electronic data processing information containing voter
18 registration information shall be furnished by the Board of
19 Election Commissioners within 10 days after December 15 and May
20 15 each year and within 10 days after each registration period
21 is closed to the State Board of Elections in a form prescribed
22 by the State Board. For the purposes of this Section, a
23 registration period is closed 27 days before the date of any
24 regular or special election. Registration information shall
25 include, but not be limited to, the following information:
26 name, sex, residence, telephone number, if any, age, party
27 affiliation, if applicable, precinct, ward, township, county,
28 and representative, legislative and congressional districts.
29 In the event of noncompliance, the State Board of Elections is
30 directed to obtain compliance forthwith with this
31 nondiscretionary duty of the election authority by instituting
32 legal proceedings in the circuit court of the county in which
33 the election authority maintains the registration information.
34 The costs of furnishing updated copies of tapes or discs shall

 

 

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1 be paid at a rate of $.00034 per name of registered voters in
2 the election jurisdiction, but not less than $50 per tape or
3 disc and shall be paid from appropriations made to the State
4 Board of Elections for reimbursement to the election authority
5 for such purpose. The State Board shall furnish copies of such
6 tapes, discs, other electronic data or compilations thereof to
7 state political committees registered pursuant to the Illinois
8 Campaign Finance Act or the Federal Election Campaign Act at
9 their request and at a reasonable cost. To protect the privacy
10 and confidentiality of voter registration information, the
11 disclosure of electronic voter registration records to any
12 person or entity other than to a State or local political
13 committee and other than to a governmental entity for a
14 governmental purpose is specifically prohibited. Copies of the
15 tapes, discs or other electronic data shall be furnished by the
16 Board of Election Commissioners to local political committees
17 and governmental entities at their request and at a reasonable
18 cost. Reasonable cost of the tapes, discs, et cetera for this
19 purpose would be the cost of duplication plus 15% for
20 administration. The individual representing a political
21 committee requesting copies of such tapes shall make a sworn
22 affidavit that the information shall be used only for bona fide
23 political purposes, including by or for candidates for office
24 or incumbent office holders. Such tapes, discs or other
25 electronic data shall not be used under any circumstances by
26 any political committee or individuals for purposes of
27 commercial solicitation or other business purposes. If such
28 tapes contain information on county residents related to the
29 operations of county government in addition to registration
30 information, that information shall not be used under any
31 circumstances for commercial solicitation or other business
32 purposes. The prohibition in this Section against using the
33 computer tapes or computer discs or other electronic data
34 processing information containing voter registration

 

 

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1 information for purposes of commercial solicitation or other
2 business purposes shall be prospective only from the effective
3 date of this amended Act of 1979. Any person who violates this
4 provision shall be guilty of a Class 4 felony.
5     The State Board of Elections shall promulgate, by October
6 1, 1987, such regulations as may be necessary to ensure
7 uniformity throughout the State in electronic data processing
8 of voter registration information. The regulations shall
9 include, but need not be limited to, specifications for uniform
10 medium, communications protocol and file structure to be
11 employed by the election authorities of this State in the
12 electronic data processing of voter registration information.
13 Each election authority utilizing electronic data processing
14 of voter registration information shall comply with such
15 regulations on and after May 15, 1988.
16     If the applicant for registration was last registered in
17 another county within this State, he shall also sign a
18 certificate authorizing cancellation of the former
19 registration. The certificate shall be in substantially the
20 following form:
21 To the County Clerk of .... County, Illinois.
22 To the Election Commission of the City of ...., Illinois.
23     This is to certify that I am registered in your (county)
24 (city) and that my residence was ..... Having moved out of your
25 (county), (city), I hereby authorize you to cancel that
26 registration in your office.
27     Dated at ...., Illinois, on (insert date).
28
....................
29
(Signature of Voter)
30     Attest ...., Clerk, Election Commission of the City of....,
31 Illinois.
32     The cancellation certificate shall be mailed immediately
33 by the clerk of the Election Commission to the county clerk,
34 (or Election Commission as the case may be) where the applicant

 

 

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1 was formerly registered. Receipt of such certificate shall be
2 full authority for cancellation of any previous registration.
3 (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02;
4 93-574, eff. 8-21-03.)
 
5     (10 ILCS 5/6-50.2)  (from Ch. 46, par. 6-50.2)
6     Sec. 6-50.2. (a) The board of election commissioners shall
7 appoint all precinct committeepersons in the election
8 jurisdiction as deputy registrars who may accept the
9 registration of any qualified resident of the State election
10 jurisdiction, except during the 27 days preceding an election.
11     The election authority shall appoint as deputy registrars a
12 reasonable number of employees of the Secretary of State
13 located at driver's license examination stations and
14 designated to the election authority by the Secretary of State
15 who may accept the registration of any qualified residents of
16 the State county at any such driver's license examination
17 stations. The appointment of employees of the Secretary of
18 State as deputy registrars shall be made in the manner provided
19 in Section 2-105 of the Illinois Vehicle Code.
20     The board of election commissioners shall appoint deputy
21 registrars designated by the Department of Human Services, the
22 Department of Children and Family Services, the Department of
23 Public Aid, and the Department of Employment Security who may
24 accept the registration of qualified residents of the State as
25 provided in Section 1A-18.
26     The board of election commissioners shall appoint each of
27 the following named persons as deputy registrars upon the
28 written request of such persons:
29         1. The chief librarian, or a qualified person
30     designated by the chief librarian, of any public library
31     situated within the election jurisdiction, who may accept
32     the registrations of any qualified resident of the State
33     election jurisdiction, at such library.

 

 

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1         2. The principal, or a qualified person designated by
2     the principal, of any high school, elementary school, or
3     vocational school situated within the election
4     jurisdiction, who may accept the registrations of any
5     resident of the State election jurisdiction, at such
6     school. The board of election commissioners shall notify
7     every principal and vice-principal of each high school,
8     elementary school, and vocational school situated in the
9     election jurisdiction of their eligibility to serve as
10     deputy registrars and offer training courses for service as
11     deputy registrars at conveniently located facilities at
12     least 4 months prior to every election.
13         3. The president, or a qualified person designated by
14     the president, of any university, college, community
15     college, academy or other institution of learning situated
16     within the State election jurisdiction, who may accept the
17     registrations of any resident of the election
18     jurisdiction, at such university, college, community
19     college, academy or institution.
20         4. A duly elected or appointed official of a bona fide
21     labor organization, or a reasonable number of qualified
22     members designated by such official, who may accept the
23     registrations of any qualified resident of the State
24     election jurisdiction.
25         5. A duly elected or appointed official of a bona fide
26     State civic organization, as defined and determined by rule
27     of the State Board of Elections, or qualified members
28     designated by such official, who may accept the
29     registration of any qualified resident of the State
30     election jurisdiction. In determining the number of deputy
31     registrars that shall be appointed, the board of election
32     commissioners shall consider the population of the
33     jurisdiction, the size of the organization, the geographic
34     size of the jurisdiction, convenience for the public, the

 

 

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1     existing number of deputy registrars in the jurisdiction
2     and their location, the registration activities of the
3     organization and the need to appoint deputy registrars to
4     assist and facilitate the registration of non-English
5     speaking individuals. In no event shall a board of election
6     commissioners fix an arbitrary number applicable to every
7     civic organization requesting appointment of its members
8     as deputy registrars. The State Board of Elections shall by
9     rule provide for certification of bona fide State civic
10     organizations. Such appointments shall be made for a period
11     not to exceed 2 years, terminating on the first business
12     day of the month following the month of the general
13     election, and shall be valid for all periods of voter
14     registration as provided by this Code during the terms of
15     such appointments.
16         6. (Blank.) The Director of the Illinois Department of
17     Public Aid, or a reasonable number of employees designated
18     by the Director and located at public aid offices, who may
19     accept the registration of any qualified resident of the
20     election jurisdiction at any such public aid office.
21         7. (Blank.) The Director of the Illinois Department of
22     Employment Security, or a reasonable number of employees
23     designated by the Director and located at unemployment
24     offices, who may accept the registration of any qualified
25     resident of the election jurisdiction at any such
26     unemployment office. If the request to be appointed as
27     deputy registrar is denied, the board of election
28     commissioners shall, within 10 days after the date the
29     request is submitted, provide the affected individual or
30     organization with written notice setting forth the
31     specific reasons or criteria relied upon to deny the
32     request to be appointed as deputy registrar.
33         8. The president of any corporation, as defined by the
34     Business Corporation Act of 1983, or a reasonable number of

 

 

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1     employees designated by such president, who may accept the
2     registrations of any qualified resident of the State
3     election jurisdiction.
4     The board of election commissioners may appoint as many
5 additional deputy registrars as it considers necessary. The
6 board of election commissioners shall appoint such additional
7 deputy registrars in such manner that the convenience of the
8 public is served, giving due consideration to both population
9 concentration and area. Some of the additional deputy
10 registrars shall be selected so that there are an equal number
11 from each of the 2 major political parties in the election
12 jurisdiction. The board of election commissioners, in
13 appointing an additional deputy registrar, shall make the
14 appointment from a list of applicants submitted by the Chairman
15 of the County Central Committee of the applicant's political
16 party. A Chairman of a County Central Committee shall submit a
17 list of applicants to the board by November 30 of each year.
18 The board may require a Chairman of a County Central Committee
19 to furnish a supplemental list of applicants.
20     Deputy registrars may accept registrations at any time
21 other than the 27 day period preceding an election. All persons
22 appointed as deputy registrars shall be registered voters
23 within the election jurisdiction and shall take and subscribe
24 to the following oath or affirmation:
25     "I do solemnly swear (or affirm, as the case may be) that I
26 will support the Constitution of the United States, and the
27 Constitution of the State of Illinois, and that I will
28 faithfully discharge the duties of the office of registration
29 officer to the best of my ability and that I will register no
30 person nor cause the registration of any person except upon his
31 personal application before me.
32
....................................
33
(Signature of Registration Officer)"
34     This oath shall be administered and certified to by one of

 

 

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1 the commissioners or by the executive director or by some
2 person designated by the board of election commissioners, and
3 shall immediately thereafter be filed with the board of
4 election commissioners. The members of the board of election
5 commissioners and all persons authorized by them under the
6 provisions of this Article to take registrations, after
7 themselves taking and subscribing to the above oath, are
8 authorized to take or administer such oaths and execute such
9 affidavits as are required by this Article.
10     Appointments of deputy registrars under this Section,
11 except precinct committeemen, shall be for 2-year terms,
12 commencing on December 1 following the general election of each
13 even-numbered year, except that the terms of the initial
14 appointments shall be until December 1st following the next
15 general election. Appointments of precinct committeemen shall
16 be for 2-year terms commencing on the date of the county
17 convention following the general primary at which they were
18 elected. The county clerk shall issue a certificate of
19 appointment to each deputy registrar, and shall maintain in his
20 office for public inspection a list of the names of all
21 appointees.
22     (b) The board of election commissioners shall be
23 responsible for training all deputy registrars appointed
24 pursuant to subsection (a), at times and locations reasonably
25 convenient for both the board of election commissioners and
26 such appointees. The board of election commissioners shall be
27 responsible for certifying and supervising all deputy
28 registrars appointed pursuant to subsection (a). Deputy
29 registrars appointed under subsection (a) shall be subject to
30 removal for cause.
31     (c) Completed registration materials under the control of
32 deputy registrars appointed pursuant to subsection (a) shall be
33 returned to the appointing proper election authority within 7
34 days, except that completed registration materials received by

 

 

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1 the deputy registrars during the period between the 35th and
2 28th day preceding an election shall be returned by the deputy
3 registrars to the appointing proper election authority within
4 48 hours after receipt thereof. The completed registration
5 materials received by the deputy registrars on the 28th day
6 preceding an election shall be returned by the deputy
7 registrars within 24 hours after receipt thereof. Unused
8 materials shall be returned by deputy registrars appointed
9 pursuant to paragraph 4 of subsection (a), not later than the
10 next working day following the close of registration.
11     (d) The county clerk or board of election commissioners, as
12 the case may be, must provide any additional forms requested by
13 any deputy registrar regardless of the number of unaccounted
14 registration forms the deputy registrar may have in his or her
15 possession.
16     (e) No deputy registrar shall engage in any electioneering
17 or the promotion of any cause during the performance of his or
18 her duties.
19     (f) The board of election commissioners shall not be
20 criminally or civilly liable for the acts or omissions of any
21 deputy registrar. Such deputy registrars shall not be deemed to
22 be employees of the board of election commissioners.
23     (g) Completed registration materials returned by deputy
24 registrars for persons residing outside the election
25 jurisdiction shall be transmitted by the board of election
26 commissioners within 2 days after receipt to the election
27 authority of the person's election jurisdiction of residence.
28 (Source: P.A. 92-816, eff. 8-21-02; 93-574, eff. 8-21-03.)
 
29     (10 ILCS 5/6-90 new)
30     Sec. 6-90. Grace period. Notwithstanding any other
31 provision of this Code to the contrary, each election authority
32 shall establish procedures for the registration of voters
33 during the period from the close of registration for a primary

 

 

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1 or election and until the 14th day before the primary or
2 election. During this grace period, an unregistered qualified
3 elector may register to vote in person in the office of the
4 election authority or at a voter registration location
5 specifically designated for this purpose by the election
6 authority. A registered voter may submit a change of address
7 form in person in the office of the election authority or at a
8 voter registration location specifically designated for this
9 purpose by the election authority during this period as well.
10     The election authority shall register that individual or
11 change his or her address in the manner provided by law. At the
12 time a person has completed registration or has submitted a
13 change of address during the grace period established under
14 this Section, the person shall sign and receive a document
15 dated and signed by the election authority or the election
16 authority's designated representative that states the
17 registrant's name and address and that the person is registered
18 to vote and is eligible to receive a ballot at the next
19 election or primary election after the date of registration or
20 change of address. The election authority or the election
21 authority's designated representative and the document itself
22 shall advise the registrant to retain the document and to have
23 the document available for inspection upon entering the polling
24 place on the next election day or primary election day after
25 registration, but failure to present the document is not a bar
26 to voting.
27     The election authority shall endeavor to complete all steps
28 necessary to make that individual's registration information
29 available within 48 hours after his or her registration.
 
30     (10 ILCS 5/7-7)  (from Ch. 46, par. 7-7)
31     Sec. 7-7. For the purpose of making nominations in certain
32 instances as provided in this Article and this Act, the
33 following committees are authorized and shall constitute the

 

 

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1 central or managing committees of each political party, viz: A
2 State central committee, whose responsibilities include, but
3 are not limited to, filling by appointment vacancies in
4 nomination for statewide offices, including but not limited to
5 the office of United States Senator, a congressional committee
6 for each congressional district, a county central committee for
7 each county, a municipal central committee for each city,
8 incorporated town or village, a ward committeeman for each ward
9 in cities containing a population of 500,000 or more; a
10 township committeeman for each township or part of a township
11 that lies outside of cities having a population of 200,000 or
12 more, in counties having a population of 2,000,000 or more; a
13 precinct committeeman for each precinct in counties having a
14 population of less than 2,000,000; a county board district
15 committee for each county board district created under Division
16 2-3 of the Counties Code; a State's Attorney committee for each
17 group of 2 or more counties which jointly elect a State's
18 Attorney; a Superintendent of Multi-County Educational Service
19 Region committee for each group of 2 or more counties which
20 jointly elect a Superintendent of a Multi-County Educational
21 Service Region; a judicial subcircuit committee in a judicial
22 circuit divided into subcircuits for each judicial subcircuit
23 in that circuit; and a board of review election district
24 committee for each Cook County Board of Review election
25 district.
26 (Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03;
27 revised 9-22-03.)
 
28     (10 ILCS 5/7-8)  (from Ch. 46, par. 7-8)
29     Sec. 7-8. The State central committee shall be composed of
30 one or two members from each congressional district in the
31 State and shall be elected as follows:
32
State Central Committee
33     (a) Within 30 days after the effective date of this

 

 

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1 amendatory Act of 1983 the State central committee of each
2 political party shall certify to the State Board of Elections
3 which of the following alternatives it wishes to apply to the
4 State central committee of that party.
5     Alternative A. At the primary held on the third Tuesday in
6 March 1970, and at the primary held every 4 years thereafter,
7 each primary elector may vote for one candidate of his party
8 for member of the State central committee for the congressional
9 district in which he resides. The candidate receiving the
10 highest number of votes shall be declared elected State central
11 committeeman from the district. A political party may, in lieu
12 of the foregoing, by a majority vote of delegates at any State
13 convention of such party, determine to thereafter elect the
14 State central committeemen in the manner following:
15     At the county convention held by such political party State
16 central committeemen shall be elected in the same manner as
17 provided in this Article for the election of officers of the
18 county central committee, and such election shall follow the
19 election of officers of the county central committee. Each
20 elected ward, township or precinct committeeman shall cast as
21 his vote one vote for each ballot voted in his ward, township,
22 part of a township or precinct in the last preceding primary
23 election of his political party. In the case of a county lying
24 partially within one congressional district and partially
25 within another congressional district, each ward, township or
26 precinct committeeman shall vote only with respect to the
27 congressional district in which his ward, township, part of a
28 township or precinct is located. In the case of a congressional
29 district which encompasses more than one county, each ward,
30 township or precinct committeeman residing within the
31 congressional district shall cast as his vote one vote for each
32 ballot voted in his ward, township, part of a township or
33 precinct in the last preceding primary election of his
34 political party for one candidate of his party for member of

 

 

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1 the State central committee for the congressional district in
2 which he resides and the Chairman of the county central
3 committee shall report the results of the election to the State
4 Board of Elections. The State Board of Elections shall certify
5 the candidate receiving the highest number of votes elected
6 State central committeeman for that congressional district.
7     The State central committee shall adopt rules to provide
8 for and govern the procedures to be followed in the election of
9 members of the State central committee.
10     After the effective date of this amendatory Act of the 91st
11 General Assembly, whenever a vacancy occurs in the office of
12 Chairman of a State central committee, or at the end of the
13 term of office of Chairman, the State central committee of each
14 political party that has selected Alternative A shall elect a
15 Chairman who shall not be required to be a member of the State
16 Central Committee. The Chairman shall be a registered voter in
17 this State and of the same political party as the State central
18 committee.
19     Alternative B. Each congressional committee shall, within
20 30 days after the adoption of this alternative, appoint a
21 person of the sex opposite that of the incumbent member for
22 that congressional district to serve as an additional member of
23 the State central committee until his or her successor is
24 elected at the general primary election in 1986. Each
25 congressional committee shall make this appointment by voting
26 on the basis set forth in paragraph (e) of this Section. In
27 each congressional district at the general primary election
28 held in 1986 and every 4 years thereafter, the male candidate
29 receiving the highest number of votes of the party's male
30 candidates for State central committeeman, and the female
31 candidate receiving the highest number of votes of the party's
32 female candidates for State central committeewoman, shall be
33 declared elected State central committeeman and State central
34 committeewoman from the district. At the general primary

 

 

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1 election held in 1986 and every 4 years thereafter, if all a
2 party's candidates for State central committeemen or State
3 central committeewomen from a congressional district are of the
4 same sex, the candidate receiving the highest number of votes
5 shall be declared elected a State central committeeman or State
6 central committeewoman from the district, and, because of a
7 failure to elect one male and one female to the committee, a
8 vacancy shall be declared to exist in the office of the second
9 member of the State central committee from the district. This
10 vacancy shall be filled by appointment by the congressional
11 committee of the political party, and the person appointed to
12 fill the vacancy shall be a resident of the congressional
13 district and of the sex opposite that of the committeeman or
14 committeewoman elected at the general primary election. Each
15 congressional committee shall make this appointment by voting
16 on the basis set forth in paragraph (e) of this Section.
17     The Chairman of a State central committee composed as
18 provided in this Alternative B must be selected from the
19 committee's members.
20     Except as provided for in Alternative A with respect to the
21 selection of the Chairman of the State central committee, under
22 both of the foregoing alternatives, the State central committee
23 of each political party shall be composed of members elected or
24 appointed from the several congressional districts of the
25 State, and of no other person or persons whomsoever. The
26 members of the State central committee shall, within 30 days
27 after each quadrennial election of the full committee, meet in
28 the city of Springfield and organize by electing a chairman,
29 and may at such time elect such officers from among their own
30 number (or otherwise), as they may deem necessary or expedient.
31 The outgoing chairman of the State central committee of the
32 party shall, 10 days before the meeting, notify each member of
33 the State central committee elected at the primary of the time
34 and place of such meeting. In the organization and proceedings

 

 

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1 of the State central committee, each State central committeeman
2 and State central committeewoman shall have one vote for each
3 ballot voted in his or her congressional district by the
4 primary electors of his or her party at the primary election
5 immediately preceding the meeting of the State central
6 committee. Whenever a vacancy occurs in the State central
7 committee of any political party, the vacancy shall be filled
8 by appointment of the chairmen of the county central committees
9 of the political party of the counties located within the
10 congressional district in which the vacancy occurs and, if
11 applicable, the ward and township committeemen of the political
12 party in counties of 2,000,000 or more inhabitants located
13 within the congressional district. If the congressional
14 district in which the vacancy occurs lies wholly within a
15 county of 2,000,000 or more inhabitants, the ward and township
16 committeemen of the political party in that congressional
17 district shall vote to fill the vacancy. In voting to fill the
18 vacancy, each chairman of a county central committee and each
19 ward and township committeeman in counties of 2,000,000 or more
20 inhabitants shall have one vote for each ballot voted in each
21 precinct of the congressional district in which the vacancy
22 exists of his or her county, township, or ward cast by the
23 primary electors of his or her party at the primary election
24 immediately preceding the meeting to fill the vacancy in the
25 State central committee. The person appointed to fill the
26 vacancy shall be a resident of the congressional district in
27 which the vacancy occurs, shall be a qualified voter, and, in a
28 committee composed as provided in Alternative B, shall be of
29 the same sex as his or her predecessor. A political party may,
30 by a majority vote of the delegates of any State convention of
31 such party, determine to return to the election of State
32 central committeeman and State central committeewoman by the
33 vote of primary electors. Any action taken by a political party
34 at a State convention in accordance with this Section shall be

 

 

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1 reported to the State Board of Elections by the chairman and
2 secretary of such convention within 10 days after such action.
3
Ward, Township and Precinct Committeemen
4     (b) At the primary held on the third Tuesday in March,
5 1972, and every 4 years thereafter, each primary elector in
6 cities having a population of 200,000 or over may vote for one
7 candidate of his party in his ward for ward committeeman. Each
8 candidate for ward committeeman must be a resident of and in
9 the ward where he seeks to be elected ward committeeman. The
10 one having the highest number of votes shall be such ward
11 committeeman of such party for such ward. At the primary
12 election held on the third Tuesday in March, 1970, and every 4
13 years thereafter, each primary elector in counties containing a
14 population of 2,000,000 or more, outside of cities containing a
15 population of 200,000 or more, may vote for one candidate of
16 his party for township committeeman. Each candidate for
17 township committeeman must be a resident of and in the township
18 or part of a township (which lies outside of a city having a
19 population of 200,000 or more, in counties containing a
20 population of 2,000,000 or more), and in which township or part
21 of a township he seeks to be elected township committeeman. The
22 one having the highest number of votes shall be such township
23 committeeman of such party for such township or part of a
24 township. At the primary held on the third Tuesday in March,
25 1970 and every 2 years thereafter, each primary elector, except
26 in counties having a population of 2,000,000 or over, may vote
27 for one candidate of his party in his precinct for precinct
28 committeeman. Each candidate for precinct committeeman must be
29 a bona fide resident of the precinct where he seeks to be
30 elected precinct committeeman. The one having the highest
31 number of votes shall be such precinct committeeman of such
32 party for such precinct. The official returns of the primary
33 shall show the name of the committeeman of each political
34 party.

 

 

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1     Terms of Committeemen. All precinct committeemen elected
2 under the provisions of this Article shall continue as such
3 committeemen until the date of the primary to be held in the
4 second year after their election. Except as otherwise provided
5 in this Section for certain State central committeemen who have
6 2 year terms, all State central committeemen, township
7 committeemen and ward committeemen shall continue as such
8 committeemen until the date of primary to be held in the fourth
9 year after their election. However, a vacancy exists in the
10 office of precinct committeeman when a precinct committeeman
11 ceases to reside in the precinct in which he was elected and
12 such precinct committeeman shall thereafter neither have nor
13 exercise any rights, powers or duties as committeeman in that
14 precinct, even if a successor has not been elected or
15 appointed.
16     (c) The Multi-Township Central Committee shall consist of
17 the precinct committeemen of such party, in the multi-township
18 assessing district formed pursuant to Section 2-10 of the
19 Property Tax Code and shall be organized for the purposes set
20 forth in Section 45-25 of the Township Code. In the
21 organization and proceedings of the Multi-Township Central
22 Committee each precinct committeeman shall have one vote for
23 each ballot voted in his precinct by the primary electors of
24 his party at the primary at which he was elected.
25
County Central Committee
26     (d) The county central committee of each political party in
27 each county shall consist of the various township committeemen,
28 precinct committeemen and ward committeemen, if any, of such
29 party in the county. In the organization and proceedings of the
30 county central committee, each precinct committeeman shall
31 have one vote for each ballot voted in his precinct by the
32 primary electors of his party at the primary at which he was
33 elected; each township committeeman shall have one vote for
34 each ballot voted in his township or part of a township as the

 

 

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1 case may be by the primary electors of his party at the primary
2 election for the nomination of candidates for election to the
3 General Assembly immediately preceding the meeting of the
4 county central committee; and in the organization and
5 proceedings of the county central committee, each ward
6 committeeman shall have one vote for each ballot voted in his
7 ward by the primary electors of his party at the primary
8 election for the nomination of candidates for election to the
9 General Assembly immediately preceding the meeting of the
10 county central committee.
11
Cook County Board of Review Election District Committee
12     (d-1) Each board of review election district committee of
13 each political party in Cook County shall consist of the
14 various township committeemen and ward committeemen, if any, of
15 that party in the portions of the county composing the board of
16 review election district. In the organization and proceedings
17 of each of the 3 election district committees, each township
18 committeeman shall have one vote for each ballot voted in his
19 or her township or part of a township, as the case may be, by
20 the primary electors of his or her party at the primary
21 election immediately preceding the meeting of the board of
22 review election district committee; and in the organization and
23 proceedings of each of the 3 election district committees, each
24 ward committeeman shall have one vote for each ballot voted in
25 his or her ward or part of that ward, as the case may be, by the
26 primary electors of his or her party at the primary election
27 immediately preceding the meeting of the board of review
28 election district committee.
29
Congressional Committee
30     (e) The congressional committee of each party in each
31 congressional district shall be composed of the chairmen of the
32 county central committees of the counties composing the
33 congressional district, except that in congressional districts
34 wholly within the territorial limits of one county, or partly

 

 

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1 within 2 or more counties, but not coterminous with the county
2 lines of all of such counties, the precinct committeemen,
3 township committeemen and ward committeemen, if any, of the
4 party representing the precincts within the limits of the
5 congressional district, shall compose the congressional
6 committee. A State central committeeman in each district shall
7 be a member and the chairman or, when a district has 2 State
8 central committeemen, a co-chairman of the congressional
9 committee, but shall not have the right to vote except in case
10 of a tie.
11     In the organization and proceedings of congressional
12 committees composed of precinct committeemen or township
13 committeemen or ward committeemen, or any combination thereof,
14 each precinct committeeman shall have one vote for each ballot
15 voted in his precinct by the primary electors of his party at
16 the primary at which he was elected, each township committeeman
17 shall have one vote for each ballot voted in his township or
18 part of a township as the case may be by the primary electors
19 of his party at the primary election immediately preceding the
20 meeting of the congressional committee, and each ward
21 committeeman shall have one vote for each ballot voted in each
22 precinct of his ward located in such congressional district by
23 the primary electors of his party at the primary election
24 immediately preceding the meeting of the congressional
25 committee; and in the organization and proceedings of
26 congressional committees composed of the chairmen of the county
27 central committees of the counties within such district, each
28 chairman of such county central committee shall have one vote
29 for each ballot voted in his county by the primary electors of
30 his party at the primary election immediately preceding the
31 meeting of the congressional committee.
32
Judicial District Committee
33     (f) The judicial district committee of each political party
34 in each judicial district shall be composed of the chairman of

 

 

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1 the county central committees of the counties composing the
2 judicial district.
3     In the organization and proceedings of judicial district
4 committees composed of the chairmen of the county central
5 committees of the counties within such district, each chairman
6 of such county central committee shall have one vote for each
7 ballot voted in his county by the primary electors of his party
8 at the primary election immediately preceding the meeting of
9 the judicial district committee.
10
Circuit Court Committee
11     (g) The circuit court committee of each political party in
12 each judicial circuit outside Cook County shall be composed of
13 the chairmen of the county central committees of the counties
14 composing the judicial circuit.
15     In the organization and proceedings of circuit court
16 committees, each chairman of a county central committee shall
17 have one vote for each ballot voted in his county by the
18 primary electors of his party at the primary election
19 immediately preceding the meeting of the circuit court
20 committee.
21
Judicial Subcircuit Committee
22     (g-1) The judicial subcircuit committee of each political
23 party in each judicial subcircuit in a judicial circuit divided
24 into subcircuits shall be composed of (i) the ward and township
25 committeemen of the townships and wards composing the judicial
26 subcircuit in Cook County and (ii) the precinct committeemen of
27 the precincts composing the judicial subcircuit in any county
28 other than Cook County.
29     In the organization and proceedings of each judicial
30 subcircuit committee, each township committeeman shall have
31 one vote for each ballot voted in his township or part of a
32 township, as the case may be, in the judicial subcircuit by the
33 primary electors of his party at the primary election
34 immediately preceding the meeting of the judicial subcircuit

 

 

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1 committee; each precinct committeeman shall have one vote for
2 each ballot voted in his precinct or part of a precinct, as the
3 case may be, in the judicial subcircuit by the primary electors
4 of his party at the primary election immediately preceding the
5 meeting of the judicial subcircuit committee; and each ward
6 committeeman shall have one vote for each ballot voted in his
7 ward or part of a ward, as the case may be, in the judicial
8 subcircuit by the primary electors of his party at the primary
9 election immediately preceding the meeting of the judicial
10 subcircuit committee.
11
Municipal Central Committee
12     (h) The municipal central committee of each political party
13 shall be composed of the precinct, township or ward
14 committeemen, as the case may be, of such party representing
15 the precincts or wards, embraced in such city, incorporated
16 town or village. The voting strength of each precinct, township
17 or ward committeeman on the municipal central committee shall
18 be the same as his voting strength on the county central
19 committee.
20     For political parties, other than a statewide political
21 party, established only within a municipality or township, the
22 municipal or township managing committee shall be composed of
23 the party officers of the local established party. The party
24 officers of a local established party shall be as follows: the
25 chairman and secretary of the caucus for those municipalities
26 and townships authorized by statute to nominate candidates by
27 caucus shall serve as party officers for the purpose of filling
28 vacancies in nomination under Section 7-61; for municipalities
29 and townships authorized by statute or ordinance to nominate
30 candidates by petition and primary election, the party officers
31 shall be the party's candidates who are nominated at the
32 primary. If no party primary was held because of the provisions
33 of Section 7-5, vacancies in nomination shall be filled by the
34 party's remaining candidates who shall serve as the party's

 

 

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1 officers.
2
Powers
3     (i) Each committee and its officers shall have the powers
4 usually exercised by such committees and by the officers
5 thereof, not inconsistent with the provisions of this Article.
6 The several committees herein provided for shall not have power
7 to delegate any of their powers, or functions to any other
8 person, officer or committee, but this shall not be construed
9 to prevent a committee from appointing from its own membership
10 proper and necessary subcommittees.
11     (j) The State central committee of a political party which
12 elects it members by Alternative B under paragraph (a) of this
13 Section shall adopt a plan to give effect to the delegate
14 selection rules of the national political party and file a copy
15 of such plan with the State Board of Elections when approved by
16 a national political party.
17     (k) For the purpose of the designation of a proxy by a
18 Congressional Committee to vote in place of an absent State
19 central committeeman or committeewoman at meetings of the State
20 central committee of a political party which elects its members
21 by Alternative B under paragraph (a) of this Section, the proxy
22 shall be appointed by the vote of the ward and township
23 committeemen, if any, of the wards and townships which lie
24 entirely or partially within the Congressional District from
25 which the absent State central committeeman or committeewoman
26 was elected and the vote of the chairmen of the county central
27 committees of those counties which lie entirely or partially
28 within that Congressional District and in which there are no
29 ward or township committeemen. When voting for such proxy the
30 county chairman, ward committeeman or township committeeman,
31 as the case may be shall have one vote for each ballot voted in
32 his county, ward or township, or portion thereof within the
33 Congressional District, by the primary electors of his party at
34 the primary at which he was elected. However, the absent State

 

 

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1 central committeeman or committeewoman may designate a proxy
2 when permitted by the rules of a political party which elects
3 its members by Alternative B under paragraph (a) of this
4 Section.
5     Notwithstanding any law to the contrary, a person is
6 ineligible to hold the position of committeeperson in any
7 committee established pursuant to this Section if he or she is
8 statutorily ineligible to vote in a general election because of
9 conviction of a felony. When a committeeperson is convicted of
10 a felony, the position occupied by that committeeperson shall
11 automatically become vacant.
12 (Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03;
13 revised 9-22-03.)
 
14     (10 ILCS 5/7-9)  (from Ch. 46, par. 7-9)
15     Sec. 7-9. County central committee; county and State
16 conventions.
17     (a) On the 29th day second Monday next succeeding the
18 primary at which committeemen are elected, the county central
19 committee of each political party shall meet within at the
20 county seat of the proper county and proceed to organize by
21 electing from its own number a chairman and either from its own
22 number, or otherwise, such other officers as such committee may
23 deem necessary or expedient. Such meeting of the county central
24 committee shall be known as the county convention.
25     The chairman of each county committee shall within 10 days
26 after the organization, forward to the State Board of
27 Elections, the names and post office addresses of the officers,
28 precinct committeemen and representative committeemen elected
29 by his political party.
30     The county convention of each political party shall choose
31 delegates to the State convention of its party; but in any
32 county having within its limits any city having a population of
33 200,000, or over the delegates from such city shall be chosen

 

 

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1 by wards, the ward committeemen from the respective wards
2 choosing the number of delegates to which such ward is entitled
3 on the basis prescribed in paragraph (e) of this Section such
4 delegates to be members of the delegation to the State
5 convention from such county. In all counties containing a
6 population of 2,000,000 or more outside of cities having a
7 population of 200,000 or more, the delegates from each of the
8 townships or parts of townships as the case may be shall be
9 chosen by townships or parts of townships as the case may be,
10 the township committeemen from the respective townships or
11 parts of townships as the case may be choosing the number of
12 delegates to which such townships or parts of townships as the
13 case may be are entitled, on the basis prescribed in paragraph
14 (e) of this Section such delegates to be members of the
15 delegation to the State convention from such county.
16     Each member of the State Central Committee of a political
17 party which elects its members by Alternative B under paragraph
18 (a) of Section 7-8 shall be a delegate to the State Convention,
19 ex officio.
20     Each member of the State Central Committee of a political
21 party which elects its members by Alternative B under paragraph
22 (a) of Section 7-8 may appoint 2 delegates to the State
23 Convention who must be residents of the member's Congressional
24 District.
25     (b) State conventions shall be held within 180 days after
26 the general primary in the year 2000 and every 4 years
27 thereafter. In the year 1998, and every 4 years thereafter, the
28 chairman of a State central committee may issue a call for a
29 State convention within 180 days after the general primary.
30     The State convention of each political party has power to
31 make nominations of candidates of its political party for the
32 electors of President and Vice President of the United States,
33 and to adopt any party platform, and, to the extent determined
34 by the State central committee as provided in Section 7-14, to

 

 

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1 choose and select delegates and alternate delegates at large to
2 national nominating conventions. The State Central Committee
3 may adopt rules to provide for and govern the procedures of the
4 State convention.
5     (c) The chairman and secretary of each State convention
6 shall, within 2 days thereafter, transmit to the State Board of
7 Elections of this State a certificate setting forth the names
8 and addresses of all persons nominated by such State convention
9 for electors of President and Vice President of the United
10 States, and of any persons selected by the State convention for
11 delegates and alternate delegates at large to national
12 nominating conventions; and the names of such candidates so
13 chosen by such State convention for electors of President and
14 Vice President of the United States, shall be caused by the
15 State Board of Elections to be printed upon the official ballot
16 at the general election, in the manner required by law, and
17 shall be certified to the various county clerks of the proper
18 counties in the manner as provided in Section 7-60 of this
19 Article 7 for the certifying of the names of persons nominated
20 by any party for State offices. If and as long as this Act
21 prescribes that the names of such electors be not printed on
22 the ballot, then the names of such electors shall be certified
23 in such manner as may be prescribed by the parts of this Act
24 applicable thereto.
25     (d) Each convention may perform all other functions
26 inherent to such political organization and not inconsistent
27 with this Article.
28     (e) At least 33 days before the date of a State convention,
29 the chairman of the State central committee of each political
30 party shall file in the principal office of the State Board of
31 Elections a call for the State convention. Such call shall
32 state, among other things, the time and place (designating the
33 building or hall) for holding the State convention. Such call
34 shall be signed by the chairman and attested by the secretary

 

 

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1 of the committee. In such convention each county shall be
2 entitled to one delegate for each 500 ballots voted by the
3 primary electors of the party in such county at the primary to
4 be held next after the issuance of such call; and if in such
5 county, less than 500 ballots are so voted or if the number of
6 ballots so voted is not exactly a multiple of 500, there shall
7 be one delegate for such group which is less than 500, or for
8 such group representing the number of votes over the multiple
9 of 500, which delegate shall have 1/500 of one vote for each
10 primary vote so represented by him. The call for such
11 convention shall set forth this paragraph (e) of Section 7-9 in
12 full and shall direct that the number of delegates to be chosen
13 be calculated in compliance herewith and that such number of
14 delegates be chosen.
15     (f) All precinct, township and ward committeemen when
16 elected as provided in this Section shall serve as though
17 elected at large irrespective of any changes that may be made
18 in precinct, township or ward boundaries and the voting
19 strength of each committeeman shall remain as provided in this
20 Section for the entire time for which he is elected.
21     (g) The officers elected at any convention provided for in
22 this Section shall serve until their successors are elected as
23 provided in this Act.
24     (h) A special meeting of any central committee may be
25 called by the chairman, or by not less than 25% of the members
26 of such committee, by giving 5 days notice to members of such
27 committee in writing designating the time and place at which
28 such special meeting is to be held and the business which it is
29 proposed to present at such special meeting.
30     (i) Except as otherwise provided in this Act, whenever a
31 vacancy exists in the office of precinct committeeman because
32 no one was elected to that office or because the precinct
33 committeeman ceases to reside in the precinct or for any other
34 reason, the chairman of the county central committee of the

 

 

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1 appropriate political party may fill the vacancy in such office
2 by appointment of a qualified resident of the county and the
3 appointed precinct committeeman shall serve as though elected;
4 however, no such appointment may be made between the general
5 primary election and the 30th 14th day after the general
6 primary election.
7     (j) If the number of Congressional Districts in the State
8 of Illinois is reduced as a result of reapportionment of
9 Congressional Districts following a federal decennial census,
10 the State Central Committeemen and Committeewomen of a
11 political party which elects its State Central Committee by
12 either Alternative A or by Alternative B under paragraph (a) of
13 Section 7-8 who were previously elected shall continue to serve
14 as if no reapportionment had occurred until the expiration of
15 their terms.
16 (Source: P.A. 89-5, eff. 1-1-96; 90-627, eff. 7-10-98.)
 
17     (10 ILCS 5/7-10)  (from Ch. 46, par. 7-10)
18     Sec. 7-10. Form of petition for nomination. The name of no
19 candidate for nomination, or State central committeeman, or
20 township committeeman, or precinct committeeman, or ward
21 committeeman or candidate for delegate or alternate delegate to
22 national nominating conventions, shall be printed upon the
23 primary ballot unless a petition for nomination has been filed
24 in his behalf as provided in this Article in substantially the
25 following form:
26     We, the undersigned, members of and affiliated with the
27 .... party and qualified primary electors of the .... party, in
28 the .... of ...., in the county of .... and State of Illinois,
29 do hereby petition that the following named person or persons
30 shall be a candidate or candidates of the .... party for the
31 nomination for (or in case of committeemen for election to) the
32 office or offices hereinafter specified, to be voted for at the
33 primary election to be held on (insert date).

 

 

 

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1    NameOfficeAddress
2John JonesGovernorBelvidere, Ill.
3Thomas SmithAttorney GeneralOakland, Ill.
4 Name..................         Address.......................
 
5 State of Illinois)
6                  ) ss.
7 County of........)
8     I, ...., do hereby certify that I reside at No. ....
9 street, in the .... of ...., county of ...., and State of
10 ....., that I am 18 years of age or older, that I am a citizen
11 of the United States, and that the signatures on this sheet
12 were signed in my presence, and are genuine, and that to the
13 best of my knowledge and belief the persons so signing were at
14 the time of signing the petitions qualified voters of the ....
15 party, and that their respective residences are correctly
16 stated, as above set forth.
17
.........................
18     Subscribed and sworn to before me on (insert date).
19
.........................

 
20
21     Each sheet of the petition other than the statement of
22 candidacy and candidate's statement shall be of uniform size
23 and shall contain above the space for signatures an appropriate
24 heading giving the information as to name of candidate or
25 candidates, in whose behalf such petition is signed; the
26 office, the political party represented and place of residence;
27 and the heading of each sheet shall be the same.
28     Such petition shall be signed by qualified primary electors
29 residing in the political division for which the nomination is
30 sought in their own proper persons only and opposite the
31 signature of each signer, his residence address shall be

 

 

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1 written or printed. The residence address required to be
2 written or printed opposite each qualified primary elector's
3 name shall include the street address or rural route number of
4 the signer, as the case may be, as well as the signer's county,
5 and city, village or town, and state. However the county or
6 city, village or town, and state of residence of the electors
7 may be printed on the petition forms where all of the electors
8 signing the petition reside in the same county or city, village
9 or town, and state. Standard abbreviations may be used in
10 writing the residence address, including street number, if any.
11 At the bottom of each sheet of such petition shall be added a
12 circulator statement signed by a person 18 years of age or
13 older who is a citizen of the United States, stating the street
14 address or rural route number, as the case may be, as well as
15 the county, city, village or town, and state; and certifying
16 that the signatures on that sheet of the petition were signed
17 in his or her presence and certifying that the signatures are
18 genuine; and either (1) indicating the dates on which that
19 sheet was circulated, or (2) indicating the first and last
20 dates on which the sheet was circulated, or (3) certifying that
21 none of the signatures on the sheet were signed more than 90
22 days preceding the last day for the filing of the petition and
23 certifying that to the best of his or her knowledge and belief
24 the persons so signing were at the time of signing the
25 petitions qualified voters of the political party for which a
26 nomination is sought. Such statement shall be sworn to before
27 some officer authorized to administer oaths in this State.
28     No petition sheet shall be circulated more than 90 days
29 preceding the last day provided in Section 7-12 for the filing
30 of such petition.
31     The person circulating the petition, or the candidate on
32 whose behalf the petition is circulated, may strike any
33 signature from the petition, provided that:
34         (1) the person striking the signature shall initial the

 

 

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1     petition at the place where the signature is struck; and
2         (2) the person striking the signature shall sign a
3     certification listing the page number and line number of
4     each signature struck from the petition. Such
5     certification shall be filed as a part of the petition.
6     Such sheets before being filed shall be neatly fastened
7 together in book form, by placing the sheets in a pile and
8 fastening them together at one edge in a secure and suitable
9 manner, and the sheets shall then be numbered consecutively.
10 The sheets shall not be fastened by pasting them together end
11 to end, so as to form a continuous strip or roll. All petition
12 sheets which are filed with the proper local election
13 officials, election authorities or the State Board of Elections
14 shall be the original sheets which have been signed by the
15 voters and by the circulator thereof, and not photocopies or
16 duplicates of such sheets. Each petition must include as a part
17 thereof, a statement of candidacy for each of the candidates
18 filing, or in whose behalf the petition is filed. This
19 statement shall set out the address of such candidate, the
20 office for which he is a candidate, shall state that the
21 candidate is a qualified primary voter of the party to which
22 the petition relates and is qualified for the office specified
23 (in the case of a candidate for State's Attorney it shall state
24 that the candidate is at the time of filing such statement a
25 licensed attorney-at-law of this State), shall state that he
26 has filed (or will file before the close of the petition filing
27 period) a statement of economic interests as required by the
28 Illinois Governmental Ethics Act, shall request that the
29 candidate's name be placed upon the official ballot, and shall
30 be subscribed and sworn to by such candidate before some
31 officer authorized to take acknowledgment of deeds in the State
32 and shall be in substantially the following form:
33
Statement of Candidacy
34NameAddressOfficeDistrictParty

 

 

 

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1John Jones102 Main St.GovernorStatewideRepublican
2Belvidere,
3Illinois
4 State of Illinois)
5                  ) ss.
6 County of .......)
7     I, ...., being first duly sworn, say that I reside at ....
8 Street in the city (or village) of ...., in the county of ....,
9 State of Illinois; that I am a qualified voter therein and am a
10 qualified primary voter of the .... party; that I am a
11 candidate for nomination (for election in the case of
12 committeeman and delegates and alternate delegates) to the
13 office of .... to be voted upon at the primary election to be
14 held on (insert date); that I am legally qualified (including
15 being the holder of any license that may be an eligibility
16 requirement for the office I seek the nomination for) to hold
17 such office and that I have filed (or I will file before the
18 close of the petition filing period) a statement of economic
19 interests as required by the Illinois Governmental Ethics Act
20 and I hereby request that my name be printed upon the official
21 primary ballot for nomination for (or election to in the case
22 of committeemen and delegates and alternate delegates) such
23 office.
24
Signed ......................
25     Subscribed and sworn to (or affirmed) before me by ....,
26 who is to me personally known, on (insert date).
27
Signed ....................
28
(Official Character)
29 (Seal, if officer has one.)
 
30     The petitions, when filed, shall not be withdrawn or added
31 to, and no signatures shall be revoked except by revocation
32 filed in writing with the State Board of Elections, election

 

 

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1 authority or local election official with whom the petition is
2 required to be filed, and before the filing of such petition.
3 Whoever forges the name of a signer upon any petition required
4 by this Article is deemed guilty of a forgery and on conviction
5 thereof shall be punished accordingly.
6     A candidate for the offices listed in this Section must
7 obtain the number of signatures specified in this Section on
8 his or her petition for nomination.
9     (a) Statewide office or delegate to a national nominating
10 convention. If a candidate seeks to run for statewide office or
11 as a delegate or alternate delegate to a national nominating
12 convention elected from the State at-large, then the
13 candidate's petition for nomination must contain at least 5,000
14 but not more than 10,000 signatures.
15     (b) Congressional office or congressional delegate to a
16 national nominating convention. If a candidate seeks to run for
17 United States Congress or as a congressional delegate or
18 alternate congressional delegate to a national nominating
19 convention elected from a congressional district, then the
20 candidate's petition for nomination must contain at least the
21 number of signatures equal to 0.5% of the qualified primary
22 electors of his or her party in his or her congressional
23 district. In the first primary election following a
24 redistricting of congressional districts, a candidate's
25 petition for nomination must contain at least 600 signatures of
26 qualified primary electors of the candidate's political party
27 in his or her congressional district.
28     (c) County office. If a candidate seeks to run for any
29 countywide office, including but not limited to county board
30 chairperson or county board member, elected on an at-large
31 basis, in a county other than Cook County, then the candidate's
32 petition for nomination must contain at least the number of
33 signatures equal to 0.5% of the qualified electors of his or
34 her party who cast votes at the last preceding general election

 

 

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1 in his or her county. If a candidate seeks to run for county
2 board member elected from a county board district, then the
3 candidate's petition for nomination must contain at least the
4 number of signatures equal to 0.5% of the qualified primary
5 electors of his or her party in the county board district. In
6 the first primary election following a redistricting of county
7 board districts or the initial establishment of county board
8 districts, a candidate's petition for nomination must contain
9 at least the number of signatures equal to 0.5% of the
10 qualified electors of his or her party in the entire county who
11 cast votes at the last preceding general election divided by
12 the total number of county board districts comprising the
13 county board; provided that in no event shall the number of
14 signatures be less than 25.
15     (d) County office; Cook County only.
16         (1) If a candidate seeks to run for countywide office
17     in Cook County, then the candidate's petition for
18     nomination must contain at least the number of signatures
19     equal to 0.5% and not more than the number of signatures
20     equal to 1% of the qualified electors of his or her party
21     who cast votes at the last preceding general election in
22     Cook County.
23         (2) If a candidate seeks to run for Cook County Board
24     Commissioner, then the candidate's petition for nomination
25     must contain at least the number of signatures equal to
26     0.5% of the qualified primary electors of his or her party
27     in his or her county board district. In the first primary
28     election following a redistricting of Cook County Board of
29     Commissioners districts, a candidate's petition for
30     nomination must contain at least the number of signatures
31     equal to 0.5% of the qualified electors of his or her party
32     in the entire county who cast votes at the last preceding
33     general election divided by the total number of county
34     board districts comprising the county board; provided that

 

 

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1     in no event shall the number of signatures be less than 25.
2         (3) If a candidate seeks to run for Cook County Board
3     of Review Commissioner, which is elected from a district
4     pursuant to subsection (c) of Section 5-5 of the Property
5     Tax Code, then the candidate's petition for nomination must
6     contain at least the number of signatures equal to 0.5% of
7     the total number of registered voters in his or her board
8     of review district in the last general election at which a
9     commissioner was regularly scheduled to be elected from
10     that board of review district. In no event shall the number
11     of signatures required be greater than the requisite number
12     for a candidate who seeks countywide office in Cook County
13     under subsection (d)(1) of this Section. In the first
14     primary election following a redistricting of Cook County
15     Board of Review districts, a candidate's petition for
16     nomination must contain at least 4,000 signatures or at
17     least the number of signatures required for a countywide
18     candidate in Cook County, whichever is less, of the
19     qualified electors of his or her party in the district.
20     (e) Municipal or township office. If a candidate seeks to
21 run for municipal or township office, then the candidate's
22 petition for nomination must contain at least the number of
23 signatures equal to 0.5% of the qualified primary electors of
24 his or her party in the municipality or township. If a
25 candidate seeks to run for alderman of a municipality, then the
26 candidate's petition for nomination must contain at least the
27 number of signatures equal to 0.5% of the qualified primary
28 electors of his or her party of the ward. In the first primary
29 election following redistricting of aldermanic wards or
30 trustee districts of a municipality or the initial
31 establishment of wards or districts, a candidate's petition for
32 nomination must contain the number of signatures equal to at
33 least 0.5% of the total number of votes cast for the candidate
34 of that political party who received the highest number of

 

 

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1 votes in the entire municipality at the last regular election
2 at which an officer was regularly scheduled to be elected from
3 the entire municipality, divided by the number of wards or
4 districts. In no event shall the number of signatures be less
5 than 25.
6     (f) State central committeeperson. If a candidate seeks to
7 run for State central committeeperson, then the candidate's
8 petition for nomination must contain at least 100 signatures of
9 the primary electors of his or her party of his or her
10 congressional district.
11     (g) Sanitary district trustee. If a candidate seeks to run
12 for trustee of a sanitary district in which trustees are not
13 elected from wards, then the candidate's petition for
14 nomination must contain at least the number of signatures equal
15 to 0.5% of the primary electors of his or her party from the
16 sanitary district. If a candidate seeks to run for trustee of a
17 sanitary district in which trustees are elected from wards,
18 then the candidate's petition for nomination must contain at
19 least the number of signatures equal to 0.5% of the primary
20 electors of his or her party in the ward of that sanitary
21 district. In the first primary election following
22 redistricting of sanitary districts elected from wards, a
23 candidate's petition for nomination must contain at least the
24 signatures of 150 qualified primary electors of his or her ward
25 of that sanitary district.
26     (h) Judicial office. If a candidate seeks to run for
27 judicial office in a district, then the candidate's petition
28 for nomination must contain the number of signatures equal to
29 0.4% of the number of votes cast in that district for the
30 candidate for his or her political party for the office of
31 Governor at the last general election at which a Governor was
32 elected, but in no event less than 500 signatures. If a
33 candidate seeks to run for judicial office in a district,
34 circuit, or subcircuit, then the candidate's petition for

 

 

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1 nomination must contain the number of signatures equal to 0.25%
2 of the number of votes cast for the judicial candidate of his
3 or her political party who received the highest number of votes
4 at the last general election at which a judicial officer from
5 the same district, circuit, or subcircuit was regularly
6 scheduled to be elected, but in no event less than 500
7 signatures.
8     (i) Precinct, ward, and township committeeperson. If a
9 candidate seeks to run for precinct committeeperson, then the
10 candidate's petition for nomination must contain at least 10
11 signatures of the primary electors of his or her party for the
12 precinct. If a candidate seeks to run for ward committeeperson,
13 then the candidate's petition for nomination must contain no
14 less than the number of signatures equal to 10% of the primary
15 electors of his or her party of the ward, but no more than 16%
16 of those same electors; provided that the maximum number of
17 signatures may be 50 more than the minimum number, whichever is
18 greater. If a candidate seeks to run for township
19 committeeperson, then the candidate's petition for nomination
20 must contain no less than the number of signatures equal to 5%
21 of the primary electors of his or her party of the township,
22 but no more than 8% of those same electors; provided that the
23 maximum number of signatures may be 50 more than the minimum
24 number, whichever is greater.
25     (j) State's attorney or regional superintendent of schools
26 for multiple counties. If a candidate seeks to run for State's
27 attorney or regional Superintendent of Schools who serves more
28 than one county, then the candidate's petition for nomination
29 must contain at least the number of signatures equal to 0.5% of
30 the primary electors of his or her party in the territory
31 comprising the counties.
32     (j-5) MWRD commissioner. If a candidate seeks to run for
33 commissioner of the Metropolitan Water Reclamation District of
34 Greater Chicago, then the candidate's petition for nomination

 

 

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1 must contain at least the number of signatures equal to 0.5%,
2 but not more than 1%, of the registered voters of the District.
3     (k) Any other office. If a candidate seeks any other
4 office, then the candidate's petition for nomination must
5 contain at least the number of signatures equal to 0.5% of the
6 registered voters of the political subdivision, district, or
7 division for which the nomination is made or 25 signatures,
8 whichever is greater.
9     Whenever this Section or any other provision of law
10 specifies a maximum number of signatures that a petition of
11 nomination may contain and a petition contains more than that
12 maximum number, the number of signatures on the petition shall
13 be counted from the first signature on the first petition sheet
14 and no signatures after the maximum number is attained shall be
15 counted or used for any purpose.
16     For purposes of this Section the number of primary electors
17 shall be determined by taking the total vote cast, in the
18 applicable district, for the candidate for that political party
19 who received the highest number of votes, statewide, at the
20 last general election in the State at which electors for
21 President of the United States were elected. For political
22 subdivisions, the number of primary electors shall be
23 determined by taking the total vote cast for the candidate for
24 that political party who received the highest number of votes
25 in the political subdivision at the last regular election at
26 which an officer was regularly scheduled to be elected from
27 that subdivision. For wards or districts of political
28 subdivisions, the number of primary electors shall be
29 determined by taking the total vote cast for the candidate for
30 that political party who received the highest number of votes
31 in the ward or district at the last regular election at which
32 an officer was regularly scheduled to be elected from that ward
33 or district.
34     A "qualified primary elector" of a party may not sign

 

 

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1 petitions for or be a candidate in the primary of more than one
2 party.
3     The changes made to this Section of this amendatory Act of
4 the 93rd General Assembly are declarative of existing law,
5 except for item (3) of subsection (d).
6     Petitions of candidates for nomination for offices herein
7 specified, to be filed with the same officer, may contain the
8 names of 2 or more candidates of the same political party for
9 the same or different offices.
10 (Source: P.A. 92-16, eff. 6-28-01; 92-129, eff. 7-20-01;
11 93-574, eff. 8-21-03.)
 
12     (10 ILCS 5/7-34)  (from Ch. 46, par. 7-34)
13     Sec. 7-34. Pollwatchers in a primary election shall be
14 authorized in the following manner:
15     (1) Each established political party shall be entitled to
16 appoint one pollwatcher per precinct. Such pollwatchers must be
17 affiliated with the political party for which they are
18 pollwatching and must be a registered voter in Illinois.
19     (2) Each candidate shall be entitled to appoint two
20 pollwatchers per precinct. For Federal, State, and county,
21 township, and municipal primary elections, the pollwatchers
22 must be registered to vote in Illinois.
23     (3) Each organization of citizens within the county or
24 political subdivision, which has among its purposes or
25 interests the investigation or prosecution of election frauds,
26 and which shall have registered its name and address and the
27 names and addresses of its principal officers with the proper
28 election authority at least 40 days before the primary
29 election, shall be entitled to appoint one pollwatcher per
30 precinct. For all primary elections, the pollwatcher must be
31 registered to vote in Illinois.
32     (4) Each organized group of proponents or opponents of a
33 ballot proposition, which shall have registered the name and

 

 

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1 address of its organization or committee and the name and
2 address of its chairman with the proper election authority at
3 least 40 days before the primary election, shall be entitled to
4 appoint one pollwatcher per precinct. The pollwatcher must be
5 registered to vote in Illinois.
6     (5) In any primary election held to nominate candidates for
7 the offices of a municipality of less than 3,000,000 population
8 that is situated in 2 or more counties, a pollwatcher who is a
9 resident of a county in which any part of the municipality is
10 situated shall be eligible to serve as a pollwatcher in any
11 polling place located within such municipality, provided that
12 such pollwatcher otherwise complies with the respective
13 requirements of subsections (1) through (4) of this Section and
14 is a registered voter whose residence is within Illinois.
15     All pollwatchers shall be required to have proper
16 credentials. Such credentials shall be printed in sufficient
17 quantities, shall be issued by and under the facsimile
18 signature(s) of the election authority and shall be available
19 for distribution at least 2 weeks prior to the election. Such
20 credentials shall be authorized by the real or facsimile
21 signature of the State or local party official or the candidate
22 or the presiding officer of the civic organization or the
23 chairman of the proponent or opponent group, as the case may
24 be.
25     Pollwatcher credentials shall be in substantially the
26 following form:
 
27
POLLWATCHER CREDENTIALS
28 TO THE JUDGES OF ELECTION:
29     In accordance with the provisions of the Election Code, the
30 undersigned hereby appoints ........... (name of pollwatcher)
31 at .......... (address) in the county of ...........,
32 .......... (township or municipality) of ........... (name),
33 State of Illinois and who is duly registered to vote from this

 

 

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1 address, to act as a pollwatcher in the ........... precinct of
2 the .......... ward (if applicable) of the ...........
3 (township or municipality) of ........... at the ...........
4 election to be held on (insert date).
5 ........................  (Signature of Appointing Authority)
6 ........................  TITLE  (party official,  candidate,
7                                 civic organization president,
8                         proponent or opponent group chairman)
9     Under penalties provided by law pursuant to Section 29-10
10 of the Election Code, the undersigned pollwatcher certifies
11 that he or she resides at .............. (address) in the
12 county of ........., ......... (township or municipality) of
13 .......... (name), State of Illinois, and is duly registered to
14 vote in Illinois.
15 ...........................        ..........................
16 (Precinct and/or Ward in           (Signature of Pollwatcher)
17 Which Pollwatcher Resides)
 
18     Pollwatchers must present their credentials to the Judges
19 of Election upon entering the polling place. Pollwatcher
20 credentials properly executed and signed shall be proof of the
21 qualifications of the pollwatcher authorized thereby. Such
22 credentials are retained by the Judges and returned to the
23 Election Authority at the end of the day of election with the
24 other election materials. Once a pollwatcher has surrendered a
25 valid credential, he may leave and reenter the polling place
26 provided that such continuing action does not disrupt the
27 conduct of the election. Pollwatchers may be substituted during
28 the course of the day, but established political parties,
29 candidates, qualified civic organizations and proponents and
30 opponents of a ballot proposition can have only as many
31 pollwatchers at any given time as are authorized in this
32 Article. A substitute must present his signed credential to the
33 judges of election upon entering the polling place. Election

 

 

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1 authorities must provide a sufficient number of credentials to
2 allow for substitution of pollwatchers. After the polls have
3 closed, pollwatchers shall be allowed to remain until the
4 canvass of votes is completed; but may leave and reenter only
5 in cases of necessity, provided that such action is not so
6 continuous as to disrupt the canvass of votes.
7     Candidates seeking office in a district or municipality
8 encompassing 2 or more counties shall be admitted to any and
9 all polling places throughout such district or municipality
10 without regard to the counties in which such candidates are
11 registered to vote. Actions of such candidates shall be
12 governed in each polling place by the same privileges and
13 limitations that apply to pollwatchers as provided in this
14 Section. Any such candidate who engages in an activity in a
15 polling place which could reasonably be construed by a majority
16 of the judges of election as campaign activity shall be removed
17 forthwith from such polling place.
18     Candidates seeking office in a district or municipality
19 encompassing 2 or more counties who desire to be admitted to
20 polling places on election day in such district or municipality
21 shall be required to have proper credentials. Such credentials
22 shall be printed in sufficient quantities, shall be issued by
23 and under the facsimile signature of the election authority of
24 the election jurisdiction where the polling place in which the
25 candidate seeks admittance is located, and shall be available
26 for distribution at least 2 weeks prior to the election. Such
27 credentials shall be signed by the candidate.
28     Candidate credentials shall be in substantially the
29 following form:
 
30
CANDIDATE CREDENTIALS
31     TO THE JUDGES OF ELECTION:
32     In accordance with the provisions of the Election Code, I
33 ...... (name of candidate) hereby certify that I am a candidate

 

 

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1 for ....... (name of office) and seek admittance to .......
2 precinct of the ....... ward (if applicable) of the .......
3 (township or municipality) of ....... at the ....... election
4 to be held on (insert date).
5 .........................             .......................
6 (Signature of Candidate)              OFFICE FOR WHICH
7                                       CANDIDATE SEEKS
8                                       NOMINATION OR
9                                       ELECTION
 
10     Pollwatchers shall be permitted to observe all proceedings
11 and all records relating to the conduct of the election,
12 provided the secrecy of the ballot is not impinged, and to
13 station themselves in a position in the voting room as will
14 enable them to observe the judges making the signature
15 comparison between the voter application and the voter
16 registration record card; provided, however, that such
17 pollwatchers shall not be permitted to station themselves in
18 such close proximity to the judges of election so as to
19 interfere with the orderly conduct of the election and shall
20 not, in any event, be permitted to handle election materials.
21 Pollwatchers may challenge for cause the voting qualifications
22 of a person offering to vote and may call to the attention of
23 the judges of election any incorrect procedure or apparent
24 violations of this Code.
25     If a majority of the judges of election determine that the
26 polling place has become too overcrowded with pollwatchers so
27 as to interfere with the orderly conduct of the election, the
28 judges shall, by lot, limit such pollwatchers to a reasonable
29 number, except that each candidate and each established or new
30 political party shall be permitted to have at least one
31 pollwatcher present.
32     Representatives of an election authority, with regard to an
33 election under its jurisdiction, the State Board of Elections,

 

 

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1 and law enforcement agencies, including but not limited to a
2 United States Attorney, a State's attorney, the Attorney
3 General, and a State, county, or local police department, in
4 the performance of their official election duties, shall be
5 permitted at all times to enter and remain in the polling
6 place. Upon entering the polling place, such representatives
7 shall display their official credentials or other
8 identification to the judges of election.
9     Uniformed police officers assigned to polling place duty
10 shall follow all lawful instructions of the judges of election.
11     The provisions of this Section shall also apply to
12 supervised casting of absentee ballots as provided in Section
13 19-12.2 of this Act.
14 (Source: P.A. 93-574, eff. 8-21-03.)
 
15     (10 ILCS 5/7-56)  (from Ch. 46, par. 7-56)
16     Sec. 7-56. As soon as complete returns are delivered to the
17 proper election authority, the returns shall be canvassed for
18 all primary elections as follows:
19     1. In the case of the nomination of candidates for city
20 offices, by the mayor, the city attorney and the city clerk.
21     2. In the case of nomination of candidates for village
22 offices, by the president of the board of trustees, one member
23 of the board of trustees, and the village clerk.
24     3. In the case of nomination of candidates for township
25 offices, by the town supervisor, the town assessor and the town
26 clerk; in the case of nomination of candidates for incorporated
27 town offices, by the corporate authorities of the incorporated
28 town.
29     3.5. For multi-township assessment districts, by the
30 chairman, clerk, and assessor of the multi-township assessment
31 district.
32     4. For road district offices, by the highway commissioner
33 and the road district clerk.

 

 

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1     5. The officers who are charged by law with the duty of
2 canvassing returns of general elections made to the county
3 clerk, shall also open and canvass the returns of a primary
4 made to such county clerk. Upon the completion of the canvass
5 of the returns by the county canvassing board, said canvassing
6 board shall make a tabulated statement of the returns for each
7 political party separately, stating in appropriate columns and
8 under proper headings, the total number of votes cast in said
9 county for each candidate for nomination by said party,
10 including candidates for President of the United States and for
11 State central committeemen, and for delegates and alternate
12 delegates to National nominating conventions, and for precinct
13 committeemen, township committeemen, and for ward
14 committeemen. Within one day following two (2) days after the
15 completion of said canvass by said canvassing board the county
16 clerk shall (i) send mail to the State Board of Elections a
17 certified copy of such tabulated statement of returns in a
18 sealed envelope addressed to the State Board of Elections via
19 overnight mail so that it arrives at the address the following
20 day or (ii) transmit an electronic version of the tabulated
21 statement of returns to the State Board of Elections, but only
22 if the county clerk receives verification the same day that the
23 electronic version was received by the State Board and only if
24 the county clerk also sends a certified copy of the tabulation
25 statement of returns to the State Board by United States mail.
26 Provided, however, that the number of votes cast for the
27 nomination for offices, the certificates of election for which
28 offices, under this Act or any other laws are issued by the
29 county clerk shall not be included in such certified copy of
30 said tabulated statement of returns, nor shall the returns on
31 the election of precinct, township or ward committeemen be so
32 certified to the State Board of Elections. The said officers
33 shall also determine and set down as to each precinct the
34 number of ballots voted by the primary electors of each party

 

 

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1 at the primary.
2     6. In the case of the nomination of candidates for offices,
3 including President of the United States and the State central
4 committeemen, and delegates and alternate delegates to
5 National nominating conventions, certified tabulated statement
6 of returns for which are filed with the State Board of
7 Elections, said returns shall be canvassed by the board. And,
8 provided, further, that within 5 days after said returns shall
9 be canvassed by the said Board, the Board shall cause to be
10 published in one daily newspaper of general circulation at the
11 seat of the State government in Springfield a certified
12 statement of the returns filed in its office, showing the total
13 vote cast in the State for each candidate of each political
14 party for President of the United States, and showing the total
15 vote for each candidate of each political party for President
16 of the United States, cast in each of the several congressional
17 districts in the State.
18     7. Where in cities or villages which have a board of
19 election commissioners, the returns of a primary are made to
20 such board of election commissioners, said return shall be
21 canvassed by such board, and, excepting in the case of the
22 nomination for any municipal office, tabulated statements of
23 the returns of such primary shall be made to the county clerk.
24     8. Within 48 hours following tabulation of provisional
25 ballots of the delivery of complete returns of the consolidated
26 primary to the election authority, the election authority shall
27 deliver an original certificate of results to each local
28 election official, with respect to whose political
29 subdivisions nominations were made at such primary, for each
30 precinct in his jurisdiction in which such nominations were on
31 the ballot. Such original certificate of results need not
32 include any offices or nominations for any other political
33 subdivisions. The local election official shall immediately
34 transmit the certificates to the canvassing board for his

 

 

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1 political subdivisions, which shall open and canvass the
2 returns, make a tabulated statement of the returns for each
3 political party separately, and as nearly as possible, follow
4 the procedures required for the county canvassing board. Such
5 canvass of votes shall be conducted within 21 7 days after the
6 close of the consolidated primary.
7 (Source: P.A. 87-1052.)
 
8     (10 ILCS 5/7-58)  (from Ch. 46, par. 7-58)
9     Sec. 7-58. Each of the canvassing boards respectively
10 shall, within one day following upon completion of the
11 canvassing of the returns, make and transmit to the State Board
12 of Elections and to each election authority whose duty it is to
13 print the official ballot for the election for which the
14 nomination is made a proclamation of the results of the
15 primary. The county clerk shall (i) send the proclamation in a
16 sealed envelope addressed to the State Board of Elections via
17 overnight mail so that it arrives at the address the following
18 day or (ii) transmit an electronic version of the proclamation
19 to the State Board of Elections, but only if the county clerk
20 receives verification the same day that the electronic version
21 was received by the State Board and only if the county clerk
22 also sends the proclamation to the State Board by United States
23 mail. The proclamation shall state the name of each candidate
24 of each political party so nominated or elected, as shown by
25 the returns, together with the name of the office for which he
26 or she was nominated or elected, including precinct, township
27 and ward committeemen, and including in the case of the State
28 Board of Elections, candidates for State central committeemen,
29 and delegates and alternate delegates to National nominating
30 conventions. If a notice of contest is filed, such canvassing
31 board shall, within one business day after receiving a
32 certified copy of the court's judgment or order, amend its
33 proclamation accordingly and proceed to file an amended

 

 

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1 proclamation with the appropriate election authorities and
2 with the State Board of Elections.
3     The State Board of Elections shall issue a certificate of
4 election to each of the persons shown by the returns and the
5 proclamation thereof to be elected State central committeemen,
6 and delegates and alternate delegates to National nomination
7 conventions; and the county clerk shall issue a certificate of
8 election to each person shown by the returns to be elected
9 precinct, township or ward committeeman. The certificate
10 issued to such precinct committeeman shall state the number of
11 ballots voted in his or her precinct by the primary electors of
12 his or her party at the primary at which he or she was elected.
13 The certificate issued to such township committeeman shall
14 state the number of ballots voted in his or her township or
15 part of a township, as the case may be, by the primary electors
16 of his or her party at the primary at which he or she was
17 elected. The certificate issued to such ward committeeman shall
18 state the number of ballots voted in his or her ward by the
19 primary electors of his or her party at the primary at which he
20 or she was elected.
21 (Source: P.A. 84-1308.)
 
22     (10 ILCS 5/7-60)  (from Ch. 46, par. 7-60)
23     Sec. 7-60. Not less than 67 days before the date of the
24 general election, the State Board of Elections shall certify to
25 the county clerks the names of each of the candidates who have
26 been nominated as shown by the proclamation of the State Board
27 of Elections as a canvassing board or who have been nominated
28 to fill a vacancy in nomination and direct the election
29 authority to place upon the official ballot for the general
30 election the names of such candidates in the same manner and in
31 the same order as shown upon the certification, except as
32 otherwise provided in this Section.
33     Not less than 61 days before the date of the general

 

 

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1 election, each county clerk shall certify the names of each of
2 the candidates for county offices who have been nominated as
3 shown by the proclamation of the county canvassing board or who
4 have been nominated to fill a vacancy in nomination and declare
5 that the names of such candidates for the respective offices
6 shall be placed upon the official ballot for the general
7 election in the same manner and in the same order as shown upon
8 the certification, except as otherwise provided by this
9 Section. Each county clerk shall place a copy of the
10 certification on file in his or her office and at the same time
11 issue to the State Board of Elections a copy of such
12 certification. In addition, each county clerk in whose county
13 there is a board of election commissioners shall, not less than
14 61 days before the date of the general election, issue to such
15 board a copy of the certification that has been filed in the
16 county clerk's office, together with a copy of the
17 certification that has been issued to the clerk by the State
18 Board of Elections, with directions to the board of election
19 commissioners to place upon the official ballot for the general
20 election in that election jurisdiction the names of all
21 candidates that are listed on such certifications, in the same
22 manner and in the same order as shown upon such certifications,
23 except as otherwise provided in this Section.
24     Whenever there are two or more persons nominated by the
25 same political party for multiple offices for any board, the
26 name of the candidate of such party receiving the highest
27 number of votes in the primary election as a candidate for such
28 office, as shown by the official election returns of the
29 primary, shall be certified first under the name of such
30 offices, and the names of the remaining candidates of such
31 party for such offices shall follow in the order of the number
32 of votes received by them respectively at the primary election
33 as shown by the official election results.
34     No person who is shown by the canvassing board's

 

 

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1 proclamation to have been nominated at the primary as a
2 write-in candidate shall have his or her name certified unless
3 such person shall have filed with the certifying office or
4 board within 10 days after the canvassing board's proclamation
5 a statement of candidacy pursuant to Section 7-10 and a
6 statement pursuant to Section 7-10.1. No write-in candidate
7 shown to be elected at the primary shall be required to file a
8 statement of candidacy or a loyalty oath.
9     Each county clerk and board of election commissioners shall
10 determine by a fair and impartial method of random selection
11 the order of placement of established political party
12 candidates for the general election ballot. Such determination
13 shall be made within 30 days following the canvass and
14 proclamation of the results of the general primary in the
15 office of the county clerk or board of election commissioners
16 and shall be open to the public. Seven days written notice of
17 the time and place of conducting such random selection shall be
18 given, by each such election authority, to the County Chairman
19 of each established political party, and to each organization
20 of citizens within the election jurisdiction which was
21 entitled, under this Article, at the next preceding election,
22 to have pollwatchers present on the day of election. Each
23 election authority shall post in a conspicuous, open and public
24 place, at the entrance of the election authority office, notice
25 of the time and place of such lottery. However, a board of
26 election commissioners may elect to place established
27 political party candidates on the general election ballot in
28 the same order determined by the county clerk of the county in
29 which the city under the jurisdiction of such board is located.
30     Each certification shall indicate, where applicable, the
31 following:
32     (1) The political party affiliation of the candidates for
33 the respective offices;
34     (2) If there is to be more than one candidate elected to an

 

 

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1 office from the State, political subdivision or district;
2     (3) If the voter has the right to vote for more than one
3 candidate for an office;
4     (4) The term of office, if a vacancy is to be filled for
5 less than a full term or if the offices to be filled in a
6 political subdivision are for different terms.
7     The State Board of Elections or the county clerk, as the
8 case may be, shall issue an amended certification whenever it
9 is discovered that the original certification is in error.
10 (Source: P.A. 86-867; 86-875; 86-1028.)
 
11     (10 ILCS 5/7-61)  (from Ch. 46, par. 7-61)
12     Sec. 7-61. Whenever a special election is necessary the
13 provisions of this Article are applicable to the nomination of
14 candidates to be voted for at such special election.
15     In cases where a primary election is required the officer
16 or board or commission whose duty it is under the provisions of
17 this Act relating to general elections to call an election,
18 shall fix a date for the primary for the nomination of
19 candidates to be voted for at such special election. Notice of
20 such primary shall be given at least 15 days prior to the
21 maximum time provided for the filing of petitions for such a
22 primary as provided in Section 7-12.
23     Any vacancy in nomination under the provisions of this
24 Article 7 occurring on or after the primary and prior to
25 certification of candidates by the certifying board or officer,
26 must be filled prior to the date of certification. Any vacancy
27 in nomination occurring after certification but prior to 15
28 days before the general election shall be filled within 8 days
29 after the event creating the vacancy. The resolution filling
30 the vacancy shall be sent by U. S. mail or personal delivery to
31 the certifying officer or board within 3 days of the action by
32 which the vacancy was filled; provided, if such resolution is
33 sent by mail and the U. S. postmark on the envelope containing

 

 

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1 such resolution is dated prior to the expiration of such 3 day
2 limit, the resolution shall be deemed filed within such 3 day
3 limit. Failure to so transmit the resolution within the time
4 specified in this Section shall authorize the certifying
5 officer or board to certify the original candidate. Vacancies
6 shall be filled by the officers of a local municipal or
7 township political party as specified in subsection (h) of
8 Section 7-8, other than a statewide political party, that is
9 established only within a municipality or township and the
10 managing committee (or legislative committee in case of a
11 candidate for State Senator or representative committee in the
12 case of a candidate for State Representative in the General
13 Assembly or State central committee in the case of a candidate
14 for statewide office, including but not limited to the office
15 of United States Senator) of the respective political party for
16 the territorial area in which such vacancy occurs.
17     The resolution to fill a vacancy in nomination shall be
18 duly acknowledged before an officer qualified to take
19 acknowledgements of deeds and shall include, upon its face, the
20 following information:
21     (a) the name of the original nominee and the office
22 vacated;
23     (b) the date on which the vacancy occurred;
24     (c) the name and address of the nominee selected to fill
25 the vacancy and the date of selection.
26     The resolution to fill a vacancy in nomination shall be
27 accompanied by a Statement of Candidacy, as prescribed in
28 Section 7-10, completed by the selected nominee and a receipt
29 indicating that such nominee has filed a statement of economic
30 interests as required by the Illinois Governmental Ethics Act.
31     The provisions of Section 10-8 through 10-10.1 relating to
32 objections to certificates of nomination and nomination
33 papers, hearings on objections, and judicial review, shall
34 apply to and govern objections to resolutions for filling a

 

 

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1 vacancy in nomination.
2     Any vacancy in nomination occurring 15 days or less before
3 the consolidated election or the general election shall not be
4 filled. In this event, the certification of the original
5 candidate shall stand and his name shall appear on the official
6 ballot to be voted at the general election.
7     A vacancy in nomination occurs when a candidate who has
8 been nominated under the provisions of this Article 7 dies
9 before the election (whether death occurs prior to, on or after
10 the day of the primary), or declines the nomination; provided
11 that nominations may become vacant for other reasons.
12     If the name of no established political party candidate was
13 printed on the consolidated primary ballot for a particular
14 office and if no person was nominated as a write-in candidate
15 for such office, a vacancy in nomination shall be created which
16 may be filled in accordance with the requirements of this
17 Section. If the name of no established political party
18 candidate was printed on the general primary ballot for a
19 particular office and if no person was nominated as a write-in
20 candidate for such office, a vacancy in nomination shall be
21 created, but no candidate of the party for the office shall be
22 listed on the ballot at the general election unless such
23 vacancy is filled in accordance with the requirements of this
24 Section within 60 days after the date of the general primary.
25     A candidate for whom a nomination paper has been filed as a
26 partisan candidate at a primary election, and who is defeated
27 for his or her nomination at such primary election, is
28 ineligible to be listed on the ballot at that general or
29 consolidated election as a candidate of another political
30 party.
31     A candidate seeking election to an office for which
32 candidates of political parties are nominated by caucus who is
33 a participant in the caucus and who is defeated for his or her
34 nomination at such caucus, is ineligible to be listed on the

 

 

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1 ballot at that general or consolidated election as a candidate
2 of another political party.
3     In the proceedings to nominate a candidate to fill a
4 vacancy or to fill a vacancy in the nomination, each precinct,
5 township, ward, county or congressional district, as the case
6 may be, shall through its representative on such central or
7 managing committee, be entitled to one vote for each ballot
8 voted in such precinct, township, ward, county or congressional
9 district, as the case may be, by the primary electors of its
10 party at the primary election immediately preceding the meeting
11 at which such vacancy is to be filled.
12     For purposes of this Section, the words "certify" and
13 "certification" shall refer to the act of officially declaring
14 the names of candidates entitled to be printed upon the
15 official ballot at an election and directing election
16 authorities to place the names of such candidates upon the
17 official ballot. "Certifying officers or board" shall refer to
18 the local election official, election authority or the State
19 Board of Elections, as the case may be, with whom nomination
20 papers, including certificates of nomination and resolutions
21 to fill vacancies in nomination, are filed and whose duty it is
22 to "certify" candidates.
23 (Source: P.A. 86-867; 86-1348; 87-1052.)
 
24     (10 ILCS 5/7-100 new)
25     Sec. 7-100. Definition of a vote.
26     (a) Notwithstanding any law to the contrary, for the
27 purpose of this Article, a person casts a valid vote on a punch
28 card ballot when:
29         (1) A chad on the card has at least one corner detached
30     from the card;
31         (2) The fibers of paper on at least one edge of the
32     chad are broken in a way that permits unimpeded light to be
33     seen through the card; or

 

 

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1         (3) An indentation on the chad from the stylus or other
2     object is present and indicates a clearly ascertainable
3     intent of the voter to vote based on the totality of the
4     circumstances, including but not limited to any pattern or
5     frequency of indentations on other ballot positions from
6     the same ballot card.
7     (b) Write-in votes shall be counted in a manner consistent
8 with the existing provisions of this Code.
9     (c) For purposes of this Section, a "chad" is that portion
10 of a ballot card that a voter punches or perforates with a
11 stylus or other designated marking device to manifest his or
12 her vote for a particular ballot position on a ballot card as
13 defined in subsection (a).
14     (d) Prior to the original counting of any punch card
15 ballots, an election judge may not alter a punch card ballot in
16 any manner, including, but not limited to, the removal or
17 manipulation of chads.
 
18     (10 ILCS 5/8-8)  (from Ch. 46, par. 8-8)
19     Sec. 8-8. Form of petition for nomination. The name of no
20 candidate for nomination shall be printed upon the primary
21 ballot unless a petition for nomination shall have been filed
22 in his behalf as provided for in this Section. Each such
23 petition shall include as a part thereof the oath required by
24 Section 7-10.1 of this Act and a statement of candidacy by the
25 candidate filing or in whose behalf the petition is filed. This
26 statement shall set out the address of such candidate, the
27 office for which he is a candidate, shall state that the
28 candidate is a qualified primary voter of the party to which
29 the petition relates, is qualified for the office specified and
30 has filed a statement of economic interests as required by the
31 Illinois Governmental Ethics Act, shall request that the
32 candidate's name be placed upon the official ballot and shall
33 be subscribed and sworn by such candidate before some officer

 

 

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1 authorized to take acknowledgment of deeds in this State and
2 may be in substantially the following form:
3 State of Illinois)
4                  ) ss.
5 County ..........)
6     I, ...., being first duly sworn, say that I reside at ....
7 street in the city (or village of) .... in the county of ....
8 State of Illinois; that I am a qualified voter therein and am a
9 qualified primary voter of .... party; that I am a candidate
10 for nomination to the office of .... to be voted upon at the
11 primary election to be held on (insert date); that I am legally
12 qualified to hold such office and that I have filed a statement
13 of economic interests as required by the Illinois Governmental
14 Ethics Act and I hereby request that my name be printed upon
15 the official primary ballot for nomination for such office.
16
Signed ....................
17     Subscribed and sworn to (or affirmed) before me by ....,
18 who is to me personally known, on (insert date).
19
Signed .... (Official Character)
20 (Seal if officer has one.)
21     The receipt issued by the Secretary of State indicating
22 that the candidate has filed the statement of economic
23 interests required by the Illinois Governmental Ethics Act must
24 be filed with the petitions for nomination as provided in
25 subsection (8) of Section 7-12 of this Code.
26     All petitions for nomination for the office of State
27 Senator shall be signed by 1% or 1,000 600, whichever is
28 greater, of the qualified primary electors of the candidate's
29 party in his legislative district, except that for the first
30 primary following a redistricting of legislative districts,
31 such petitions shall be signed by at least 1,000 600 qualified
32 primary electors of the candidate's party in his legislative
33 district.
34     All petitions for nomination for the office of

 

 

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1 Representative in the General Assembly shall be signed by at
2 least 1% or 500 300, whichever is greater, of the qualified
3 primary electors of the candidate's party in his or her
4 representative district, except that for the first primary
5 following a redistricting of representative districts such
6 petitions shall be signed by at least 500 300 qualified primary
7 electors of the candidate's party in his or her representative
8 district.
9     Opposite the signature of each qualified primary elector
10 who signs a petition for nomination for the office of State
11 Representative or State Senator such elector's residence
12 address shall be written or printed. The residence address
13 required to be written or printed opposite each qualified
14 primary elector's name shall include the street address or
15 rural route number of the signer, as the case may be, as well
16 as the signer's county and city, village or town.
17     For the purposes of this Section, the number of primary
18 electors shall be determined by taking the total vote cast, in
19 the applicable district, for the candidate for such political
20 party who received the highest number of votes, state-wide, at
21 the last general election in the State at which electors for
22 President of the United States were elected.
23     A "qualified primary elector" of a party may not sign
24 petitions for or be a candidate in the primary of more than one
25 party.
26     In the affidavit at the bottom of each sheet, the petition
27 circulator, who shall be a person 18 years of age or older who
28 is a citizen of the United States, shall state his or her
29 street address or rural route number, as the case may be, as
30 well as his or her county, city, village or town, and state;
31 and shall certify that the signatures on that sheet of the
32 petition were signed in his or her presence; and shall certify
33 that the signatures are genuine; and shall certify that to the
34 best of his or her knowledge and belief the persons so signing

 

 

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1 were at the time of signing the petition qualified primary
2 voters for which the nomination is sought.
3     In the affidavit at the bottom of each petition sheet, the
4 petition circulator shall either (1) indicate the dates on
5 which he or she circulated that sheet, or (2) indicate the
6 first and last dates on which the sheet was circulated, or (3)
7 certify that none of the signatures on the sheet were signed
8 more than 90 days preceding the last day for the filing of the
9 petition. No petition sheet shall be circulated more than 90
10 days preceding the last day provided in Section 8-9 for the
11 filing of such petition.
12     All petition sheets which are filed with the State Board of
13 Elections shall be the original sheets which have been signed
14 by the voters and by the circulator, and not photocopies or
15 duplicates of such sheets.
16     The person circulating the petition, or the candidate on
17 whose behalf the petition is circulated, may strike any
18 signature from the petition, provided that:
19         (1) the person striking the signature shall initial the
20     petition at the place where the signature is struck; and
21         (2) the person striking the signature shall sign a
22     certification listing the page number and line number of
23     each signature struck from the petition. Such
24     certification shall be filed as a part of the petition.
25 (Source: P.A. 91-57, eff. 6-30-99; 91-357, eff. 7-29-99;
26 92-129, eff. 7-20-01.)
 
27     (10 ILCS 5/9-1.5)  (from Ch. 46, par. 9-1.5)
28     Sec. 9-1.5. Expenditure defined.
29     "Expenditure" means-
30         (1) a payment, distribution, purchase, loan, advance,
31     deposit, or gift of money or anything of value, in
32     connection with the nomination for election, or election,
33     of any person to public office, in connection with the

 

 

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1     election of any person as ward or township committeeman in
2     counties of 3,000,000 or more population, or in connection
3     with any question of public policy. "Expenditure" also
4     includes a payment, distribution, purchase, loan, advance,
5     deposit, or gift of money or anything of value that
6     constitutes an electioneering communication regardless of
7     whether the communication is made in concert or cooperation
8     with or at the request, suggestion, or knowledge of a the
9     candidate, a the candidate's authorized local political
10     committee, a State political committee, a political
11     committee in support of or opposition to a question of
12     public policy, or any of their agents. However, expenditure
13     does not include -
14         (a) the use of real or personal property and the cost
15     of invitations, food, and beverages, voluntarily provided
16     by an individual in rendering voluntary personal services
17     on the individual's residential premises for
18     candidate-related activities; provided the value of the
19     service provided does not exceed an aggregate of $150 in a
20     reporting period;
21         (b) the sale of any food or beverage by a vendor for
22     use in a candidate's campaign at a charge less than the
23     normal comparable charge, if such charge for use in a
24     candidate's campaign is at least equal to the cost of such
25     food or beverage to the vendor.
26     (2) a transfer of funds between political committees.
27 (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03.)
 
28     (10 ILCS 5/9-1.7)   (from Ch. 46, par. 9-1.7)
29     Sec. 9-1.7. "Local political committee" means the
30 candidate himself or any individual, trust, partnership,
31 committee, association, corporation, or other organization or
32 group of persons which:
33         (a) accepts contributions or grants or makes

 

 

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1     expenditures during any 12-month period in an aggregate
2     amount exceeding $3,000 on behalf of or in opposition to a
3     candidate or candidates for public office who are required
4     by the Illinois Governmental Ethics Act to file statements
5     of economic interests with the county clerk, or on behalf
6     of or in opposition to a candidate or candidates for
7     election to the office of ward or township committeeman in
8     counties of 3,000,000 or more population;
9         (b) accepts contributions or makes expenditures during
10     any 12-month period in an aggregate amount exceeding $3,000
11     in support of or in opposition to any question of public
12     policy to be submitted to the electors of an area
13     encompassing no more than one county; or
14         (c) accepts contributions or makes expenditures during
15     any 12-month period in an aggregate amount exceeding $3,000
16     and has as its primary purpose the furtherance of
17     governmental, political or social values, is organized on a
18     not-for-profit basis, and which publicly endorses or
19     publicly opposes a candidate or candidates for public
20     office who are required by the Illinois Governmental Ethics
21     Act to file statements of economic interest with the County
22     Clerk or a candidate or candidates for the office of ward
23     or township committeeman in counties of 3,000,000 or more
24     population; or .
25         (d) accepts contributions or makes expenditures during
26     any 12-month period in an aggregate amount exceeding $3,000
27     for electioneering communications relating to any
28     candidate or candidates described in paragraph (a) or any
29     question of public policy described in paragraph (b).
30 (Source: P.A. 90-737, eff. 1-1-99; 91-357, eff. 7-29-99.)
 
31     (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)
32     Sec. 9-1.8. "State political committee" means the
33 candidate himself or any individual, trust, partnership,

 

 

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1 committee, association, corporation, or any other organization
2 or group of persons which--
3     (a) accepts contributions or grants or makes expenditures
4 during any 12-month period in an aggregate amount exceeding
5 $3,000 on behalf of or in opposition to a candidate or
6 candidates for public office who are required by the Illinois
7 Governmental Ethics Act to file statements of economic
8 interests with the Secretary of State,
9     (b) accepts contributions or makes expenditures during any
10 12-month period in an aggregate amount exceeding $3,000 in
11 support of or in opposition to any question of public policy to
12 be submitted to the electors of an area encompassing more than
13 one county, or
14     (c) accepts contributions or makes expenditures during any
15 12-month period in an aggregate amount exceeding $3,000 and has
16 as its primary purpose the furtherance of governmental,
17 political or social values, is organized on a not-for-profit
18 basis, and which publicly endorses or publicly opposes a
19 candidate or candidates for public office who are required by
20 the Illinois Governmental Ethics Act to file statements of
21 economic interest with the Secretary of State; or .
22     (d) accepts contributions or makes expenditures during any
23 12-month period in an aggregate amount exceeding $3,000 for
24 electioneering communications relating to any candidate or
25 candidates described in paragraph (a) or any question of public
26 policy described in paragraph (b).
27 (Source: P.A. 90-737, eff. 1-1-99.)
 
28     (10 ILCS 5/9-1.9)   (from Ch. 46, par. 9-1.9)
29     Sec. 9-1.9. "Political committee" includes State central
30 and county central committees of any political party, and also
31 includes local political committees and state political
32 committees, but does not include any candidate who does not
33 accept contributions or make expenditures during any 12-month

 

 

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1 period in an aggregate amount exceeding $3,000, nor does it
2 include, with the exception of State central and county central
3 committees of any political party, any individual, trust,
4 partnership, committee, association, corporation, or any other
5 organization or group of persons which does not (i) accept
6 contributions or make expenditures during any 12-month period
7 in an aggregate amount exceeding $3,000 on behalf of or in
8 opposition to a candidate or candidates or to any question of
9 public policy or (ii) accept contributions or make expenditures
10 during any 12-month period in an aggregate amount exceeding
11 $3,000 for electioneering communications relating to any
12 candidate or candidates described in paragraph (a) of Section
13 9-1.7 or 9-1.8 or any question of public policy described in
14 paragraph (b) of Section 9-1.7 or 9-1.8, and such candidates
15 and persons shall not be required to comply with any filing
16 provisions in this Article.
17 (Source: P.A. 90-737, eff. 1-1-99.)
 
18     (10 ILCS 5/9-1.14)
19     Sec. 9-1.14. Electioneering communication defined.
20     (a) "Electioneering communication" means, for the purposes
21 of this Article, any form of communication, in whatever medium,
22 including but not limited to a , newspaper, radio, television,
23 or Internet communication and newspaper communications, that
24 (1) refers to a clearly identified candidate or , candidates who
25 will appear on the ballot, refers to a clearly identified or
26 political party, or refers to a clearly identified question of
27 public policy that will appear on the ballot and (2) is made
28 within (i) 60 days before a general election or consolidated
29 election for the office sought by the candidate or (ii) 30 days
30 before a general primary election for the office sought by the
31 candidate.
32     (b) "Electioneering communication" does not include:
33         (1) A communication, other than an advertisement

 

 

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1     advertisements, appearing in a news story, commentary, or
2     editorial distributed through the facilities of any
3     legitimate news organization, unless the facilities are
4     owned or controlled by any political party, political
5     committee, or candidate.
6         (2) A communication made solely to promote a candidate
7     debate or forum that is made by or on behalf of the person
8     sponsoring the debate or forum.
9         (3) A communication made as part of a non-partisan
10     activity designed to encourage individuals to vote or to
11     register to vote.
12         (4) A communication by an organization operating and
13     remaining in good standing under Section 501(c)(3) of the
14     Internal Revenue Code of 1986.
15 (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
16 revised 1-5-04.)
 
17     (10 ILCS 5/9-3)  (from Ch. 46, par. 9-3)
18     Sec. 9-3. Every state political committee and every local
19 political committee shall file with the State Board of
20 Elections, and every local political committee shall file with
21 the county clerk, a statement of organization within 10
22 business days of the creation of such committee, except any
23 political committee created within the 30 days before an
24 election shall file a statement of organization within 5
25 business days. A political committee that acts as both a state
26 political committee and a local political committee shall file
27 a copy of each statement of organization with the State Board
28 of Elections and the county clerk. The Board shall impose a
29 civil penalty of $25 per business day upon political committees
30 for failing to file or late filing of a statement of
31 organization, except that for committees formed to support
32 candidates for statewide office, the civil penalty shall be $50
33 per business day. Such penalties shall not exceed $5,000, and

 

 

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1 shall not exceed $10,000 for statewide office political
2 committees. There shall be no fine if the statement is mailed
3 and postmarked at least 72 hours prior to the filing deadline.
4     In addition to the civil penalties authorized by this
5 Section, the State Board of Elections or any other affected
6 political committee may apply to the circuit court for a
7 temporary restraining order or a preliminary or permanent
8 injunction against the political committee to cease the
9 expenditure of funds and to cease operations until the
10 statement of organization is filed.
11     For the purpose of this Section, "statewide office" means
12 the Governor, Lieutenant Governor, Secretary of State,
13 Attorney General, State Treasurer, and State Comptroller.
14     The statement of organization shall include -
15     (a) the name, and address, and telephone number of the
16 political committee (the name of the political committee must
17 include the name of any sponsoring entity);
18     (b) the scope, area of activity, party affiliation,
19 candidate affiliation and his county of residence, and purposes
20 of the political committee;
21     (c) the name, address, and position of each custodian of
22 the committee's books and accounts;
23     (d) the name, address, and position of the committee's
24 principal officers, including the chairman, treasurer, and
25 officers and members of its finance committee, if any;
26     (e) (Blank);
27     (f) a statement of what specific disposition of residual
28 fund will be made in the event of the dissolution or
29 termination of the committee;
30     (g) a listing of all banks or other financial institutions,
31 safety deposit boxes, and any other repositories or custodians
32 of funds used by the committee;
33     (h) the amount of funds available for campaign expenditures
34 as of the filing date of the committee's statement of

 

 

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1 organization.
2     For purposes of this Section, a "sponsoring entity" is (i)
3 any person, political committee, organization, corporation, or
4 association that contributes at least 33% of the total funding
5 of the political committee or (ii) any person or other entity
6 that is registered or is required to register under the
7 Lobbyist Registration Act and contributes at least 33% of the
8 total funding of the political committee.
9 (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03.)
 
10     (10 ILCS 5/9-4)  (from Ch. 46, par. 9-4)
11     Sec. 9-4. The statement of organization required by this
12 Article to be filed in accordance with Section 9-3 shall be
13 verified, dated, and signed by either the treasurer of the
14 political committee making the statement or the candidate on
15 whose behalf the statement is made, and shall contain
16 substantially the following:
17
STATEMENT OF ORGANIZATION
18     (a) name, and address, and telephone number of the
19 political committee:
20 .............................................................
21
22     (b) scope, area of activity, party affiliation, candidate
23 affiliation and his county of residence, and purposes of the
24 political committee:
25 .............................................................
26 .............................................................
27 .............................................................
28 .............................................................
29
30     (c) name, address, and position of each custodian of the
31 committee's books and accounts:
32 .............................................................
33 .............................................................

 

 

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1
2     (d) name, address, and position of the committee's
3 principal officers, including the chairman, treasurer, and
4 officers and members of its finance committee, if any:
5 .............................................................
6 .............................................................
7 .............................................................
8
9     (e)   a statement of what specific disposition of residual
10 funds will be made in the event of the dissolution or
11 termination of the committee:
12 .............................................................
13 .............................................................
14
15     (f)   a listing of all banks or other financial
16 institutions, safety deposit boxes, and any other repositories
17 or custodians of funds used by the committee:
18 .............................................................
19 .............................................................
20
21     (g)   the amount of funds available for campaign
22 expenditures as of the filing date of the committee's statement
23 of organization:
24 .............................................................
25
26
VERIFICATION:
27     "I declare that this statement of organization (including
28 any accompanying schedules and statements) has been examined by
29 me and to the best of my knowledge and belief is a true,
30 correct and complete statement of organization as required by
31 Article 9 of The Election Code. I understand that willfully
32 filing a false or incomplete statement is a business offense
33 subject to a fine of at least $1,001 and up to $5,000 ."
34 ................  ..........................................

 

 

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1 (date of filing)  (signature of person making the statement)
2 (Source: P.A. 93-615, eff. 11-19-03.)
 
3     (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
4     Sec. 9-10. Financial reports.
5     (a) The treasurer of every state political committee and
6 the treasurer of every local political committee shall file
7 with the Board, and the treasurer of every local political
8 committee shall file with the county clerk, reports of campaign
9 contributions, and semi-annual reports of campaign
10 contributions and expenditures on forms to be prescribed or
11 approved by the Board. The treasurer of every political
12 committee that acts as both a state political committee and a
13 local political committee shall file a copy of each report with
14 the State Board of Elections and the county clerk. Entities
15 subject to Section 9-7.5 shall file reports required by that
16 Section at times provided in this Section and are subject to
17 the penalties provided in this Section.
18     (b) Reports of campaign contributions shall be filed no
19 later than the 15th day next preceding each election including
20 a primary election in connection with which the political
21 committee has accepted or is accepting contributions or has
22 made or is making expenditures. Such reports shall be complete
23 as of the 30th day next preceding each election including a
24 primary election. The Board shall assess a civil penalty not to
25 exceed $5,000 for a violation of this subsection, except that
26 for State officers and candidates and political committees
27 formed for statewide office, the civil penalty may not exceed
28 $10,000. The fine, however, shall not exceed $500 for a first
29 filing violation for filing less than 10 days after the
30 deadline. There shall be no fine if the report is mailed and
31 postmarked at least 72 hours prior to the filing deadline. For
32 the purpose of this subsection, "statewide office" and "State
33 officer" means the Governor, Lieutenant Governor, Attorney

 

 

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1 General, Secretary of State, Comptroller, and Treasurer.
2 However, a continuing political committee that does not make
3 neither accepts contributions nor makes expenditures in excess
4 of $500 on behalf of or in opposition to any candidate or
5 public question on the ballot at an election shall not be
6 required to file the reports heretofore prescribed but may file
7 in lieu thereof a Statement of Nonparticipation in the Election
8 with the Board or the Board and the county clerk; except that
9 if the political committee, by the terms of its statement of
10 organization filed in accordance with this Article, is
11 organized to support or oppose a candidate or public question
12 on the ballot at the next election or primary, that committee
13 must file reports required by this subsection (b) and by
14 subsection (b-5).
15     (b-5) Notwithstanding the provisions of subsection (b) and
16 Section 1.25 of the Statute on Statutes, any contribution of
17 more than $500 received in the interim between the last date of
18 the period covered by the last report filed under subsection
19 (b) prior to the election and the date of the election shall be
20 filed with and must actually be received by the State Board of
21 Elections within 2 business days after receipt of such
22 contribution. The State Board shall allow filings of reports of
23 contributions of more than $500 under this subsection (b-5) by
24 political committees that are not required to file
25 electronically to be made by facsimile transmission. For the
26 purpose of this subsection, a contribution is considered
27 received on the date the public official, candidate, or
28 political committee (or equivalent person in the case of a
29 reporting entity other than a political committee) actually
30 receives it or, in the case of goods or services, 2 business
31 days after the date the public official, candidate, committee,
32 or other reporting entity receives the certification required
33 under subsection (b) of Section 9-6. Failure to report each
34 contribution is a separate violation of this subsection. In the

 

 

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1 final disposition of any matter by the Board on or after the
2 effective date of this amendatory Act of the 93rd General
3 Assembly, the Board may impose fines for violations of this
4 subsection not to exceed 100% of the total amount of the
5 contributions that were untimely reported, but in no case when
6 a fine is imposed shall it be less than 10% of the total amount
7 of the contributions that were untimely reported. When
8 considering the amount of the fine to be imposed, the Board
9 shall consider, but is not limited to, the following factors:
10         (1) whether in the Board's opinion the violation was
11     committed inadvertently, negligently, knowingly, or
12     intentionally;
13         (2) the number of days the contribution was reported
14     late; and
15         (3) past violations of Sections 9-3 and 9-10 of this
16     Article by the committee.
17     (c) In addition to such reports the treasurer of every
18 political committee shall file semi-annual reports of campaign
19 contributions and expenditures no later than July 31st,
20 covering the period from January 1st through June 30th
21 immediately preceding, and no later than January 31st, covering
22 the period from July 1st through December 31st of the preceding
23 calendar year. Reports of contributions and expenditures must
24 be filed to cover the prescribed time periods even though no
25 contributions or expenditures may have been received or made
26 during the period. The Board shall assess a civil penalty not
27 to exceed $5,000 for a violation of this subsection, except
28 that for State officers and candidates and political committees
29 formed for statewide office, the civil penalty may not exceed
30 $10,000. The fine, however, shall not exceed $500 for a first
31 filing violation for filing less than 10 days after the
32 deadline. There shall be no fine if the report is mailed and
33 postmarked at least 72 hours prior to the filing deadline. For
34 the purpose of this subsection, "statewide office" and "State

 

 

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1 officer" means the Governor, Lieutenant Governor, Attorney
2 General, Secretary of State, Comptroller, and Treasurer.
3     (c-5) A political committee that acts as either (i) a State
4 and local political committee or (ii) a local political
5 committee and that files reports electronically under Section
6 9-28 is not required to file copies of the reports with the
7 appropriate county clerk if the county clerk has a system that
8 permits access to, and duplication of, reports that are filed
9 with the State Board of Elections. A State and local political
10 committee or a local political committee shall file with the
11 county clerk a copy of its statement of organization pursuant
12 to Section 9-3.
13     (d) A copy of each report or statement filed under this
14 Article shall be preserved by the person filing it for a period
15 of two years from the date of filing.
16 (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
17 revised 12-17-03.)
 
18     (10 ILCS 5/9-28)
19     Sec. 9-28. Electronic filing and availability. The Board
20 shall by rule provide for the electronic filing of expenditure
21 and contribution reports as follows:
22     Beginning July 1, 1999, or as soon thereafter as the Board
23 has provided adequate software to the political committee,
24 electronic filing is required for all political committees that
25 during the reporting period (i) had at any time a balance or an
26 accumulation of contributions of $25,000 or more, (ii) made
27 aggregate expenditures of $25,000 or more, or (iii) received
28 loans of an aggregate of $25,000 or more.
29     Beginning July 1, 2003, electronic filing is required for
30 all political committees that during the reporting period (i)
31 had at any time a balance or an accumulation of contributions
32 of $10,000 or more, (ii) made aggregate expenditures of $10,000
33 or more, or (iii) received loans of an aggregate of $10,000 or

 

 

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1 more.
2     The Board may provide by rule for the optional electronic
3 filing of expenditure and contribution reports for all other
4 political committees. The Board shall promptly make all reports
5 filed under this Article by all political committees publicly
6 available by means of a searchable database that is accessible
7 through the World Wide Web. When making a report publicly
8 available via the World Wide Web, the State Board must post the
9 political committee's name, address, and telephone number.
10     The Board shall provide all software necessary to comply
11 with this Section to candidates, public officials, political
12 committees, and election authorities.
13     The Board shall implement a plan to provide computer access
14 and assistance to candidates, public officials, political
15 committees, and election authorities with respect to
16 electronic filings required under this Article.
17     For the purposes of this Section, "political committees"
18 includes entities required to report to the Board under Section
19 9-7.5.
20 (Source: P.A. 90-495, eff. 8-18-97; 90-737, eff. 1-1-99.)
 
21     (10 ILCS 5/10-10)  (from Ch. 46, par. 10-10)
22     Sec. 10-10. Within 24 hours after the receipt of the
23 certificate of nomination or nomination papers or proposed
24 question of public policy, as the case may be, and the
25 objector's petition, the chairman of the electoral board other
26 than the State Board of Elections shall send a call by
27 registered or certified mail to each of the members of the
28 electoral board, and to the objector who filed the objector's
29 petition, and either to the candidate whose certificate of
30 nomination or nomination papers are objected to or to the
31 principal proponent or attorney for proponents of a question of
32 public policy, as the case may be, whose petitions are objected
33 to, and shall also cause the sheriff of the county or counties

 

 

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1 in which such officers and persons reside to serve a copy of
2 such call upon each of such officers and persons, which call
3 shall set out the fact that the electoral board is required to
4 meet to hear and pass upon the objections to nominations made
5 for the office, designating it, and shall state the day, hour
6 and place at which the electoral board shall meet for the
7 purpose, which place shall be in the county court house in the
8 county in the case of the County Officers Electoral Board, the
9 Municipal Officers Electoral Board, the Township Officers
10 Electoral Board or the Education Officers Electoral Board. The
11 Township Officers Electoral Board may meet in the township
12 offices, if they are available, rather than the county
13 courthouse. In those cases where the State Board of Elections
14 is the electoral board designated under Section 10-9, the
15 chairman of the State Board of Elections shall, within 24 hours
16 after the receipt of the certificate of nomination or
17 nomination papers or petitions for a proposed amendment to
18 Article IV of the Constitution or proposed statewide question
19 of public policy, send a call by registered or certified mail
20 to the objector who files the objector's petition, and either
21 to the candidate whose certificate of nomination or nomination
22 papers are objected to or to the principal proponent or
23 attorney for proponents of the proposed Constitutional
24 amendment or statewide question of public policy and shall
25 state the day, hour and place at which the electoral board
26 shall meet for the purpose, which place may be in the Capitol
27 Building or in the principal or permanent branch office of the
28 State Board. The day of the meeting shall not be less than 3
29 nor more than 5 days after the receipt of the certificate of
30 nomination or nomination papers and the objector's petition by
31 the chairman of the electoral board.
32     The electoral board shall have the power to administer
33 oaths and to subpoena and examine witnesses and at the request
34 of either party the chairman may issue subpoenas requiring the

 

 

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1 attendance of witnesses and subpoenas duces tecum requiring the
2 production of such books, papers, records and documents as may
3 be evidence of any matter under inquiry before the electoral
4 board, in the same manner as witnesses are subpoenaed in the
5 Circuit Court.
6     Service of such subpoenas shall be made by any sheriff or
7 other person in the same manner as in cases in such court and
8 the fees of such sheriff shall be the same as is provided by
9 law, and shall be paid by the objector or candidate who causes
10 the issuance of the subpoena. In case any person so served
11 shall knowingly neglect or refuse to obey any such subpoena, or
12 to testify, the electoral board shall at once file a petition
13 in the circuit court of the county in which such hearing is to
14 be heard, or has been attempted to be heard, setting forth the
15 facts, of such knowing refusal or neglect, and accompanying the
16 petition with a copy of the citation and the answer, if one has
17 been filed, together with a copy of the subpoena and the return
18 of service thereon, and shall apply for an order of court
19 requiring such person to attend and testify, and forthwith
20 produce books and papers, before the electoral board. Any
21 circuit court of the state, excluding the judge who is sitting
22 on the electoral board, upon such showing shall order such
23 person to appear and testify, and to forthwith produce such
24 books and papers, before the electoral board at a place to be
25 fixed by the court. If such person shall knowingly fail or
26 refuse to obey such order of the court without lawful excuse,
27 the court shall punish him or her by fine and imprisonment, as
28 the nature of the case may require and may be lawful in cases
29 of contempt of court.
30     The electoral board on the first day of its meeting shall
31 adopt rules of procedure for the introduction of evidence and
32 the presentation of arguments and may, in its discretion,
33 provide for the filing of briefs by the parties to the
34 objection or by other interested persons.

 

 

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1     When the State Board of Elections is serving as the State
2 Electoral Board, it is authorized to receive electronic voter
3 registration records with signatures from any election
4 authority whose jurisdiction includes any electors entitled to
5 vote for or against the candidate or question against whose
6 petitions an objection has been filed.
7     In the event of a State Electoral Board hearing on
8 objections to a petition for an amendment to Article IV of the
9 Constitution pursuant to Section 3 of Article XIV of the
10 Constitution, or to a petition for a question of public policy
11 to be submitted to the voters of the entire State, the
12 certificates of the county clerks and boards of election
13 commissioners showing the results of the random sample of
14 signatures on the petition shall be prima facie valid and
15 accurate, and shall be presumed to establish the number of
16 valid and invalid signatures on the petition sheets reviewed in
17 the random sample, as prescribed in Section 28-11 and 28-12 of
18 this Code. Either party, however, may introduce evidence at
19 such hearing to dispute the findings as to particular
20 signatures. In addition to the foregoing, in the absence of
21 competent evidence presented at such hearing by a party
22 substantially challenging the results of a random sample, or
23 showing a different result obtained by an additional sample,
24 this certificate of a county clerk or board of election
25 commissioners shall be presumed to establish the ratio of valid
26 to invalid signatures within the particular election
27 jurisdiction.
28     The electoral board shall take up the question as to
29 whether or not the certificate of nomination or nomination
30 papers or petitions are in proper form, and whether or not they
31 were filed within the time and under the conditions required by
32 law, and whether or not they are the genuine certificate of
33 nomination or nomination papers or petitions which they purport
34 to be, and whether or not in the case of the certificate of

 

 

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1 nomination in question it represents accurately the decision of
2 the caucus or convention issuing it, and in general shall
3 decide whether or not the certificate of nomination or
4 nominating papers or petitions on file are valid or whether the
5 objections thereto should be sustained and the decision of a
6 majority of the electoral board shall be final subject to
7 judicial review as provided in Section 10-10.1. The electoral
8 board must state its findings in writing and must state in
9 writing which objections, if any, it has sustained.
10     Upon the expiration of the period within which a proceeding
11 for judicial review must be commenced under Section 10--10.1,
12 the electoral board shall, unless a proceeding for judicial
13 review has been commenced within such period, transmit, by
14 registered or certified mail, a certified copy of its ruling,
15 together with the original certificate of nomination or
16 nomination papers or petitions and the original objector's
17 petition, to the officer or board with whom the certificate of
18 nomination or nomination papers or petitions, as objected to,
19 were on file, and such officer or board shall abide by and
20 comply with the ruling so made to all intents and purposes.
21 (Source: P.A. 91-285, eff. 1-1-00.)
 
22     (10 ILCS 5/10-14)  (from Ch. 46, par. 10-14)
23     Sec. 10-14. Not less than 67 61 days before the date of the
24 general election the State Board of Elections shall certify to
25 the county clerk of each county the name of each candidate
26 whose nomination papers, certificate of nomination or
27 resolution to fill a vacancy in nomination has been filed with
28 the State Board of Elections and direct the county clerk to
29 place upon the official ballot for the general election the
30 names of such candidates in the same manner and in the same
31 order as shown upon the certification. The name of no candidate
32 for an office to be filled by the electors of the entire state
33 shall be placed upon the official ballot unless his name is

 

 

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1 duly certified to the county clerk upon a certificate signed by
2 the members of the State Board of Elections. The names of group
3 candidates on petitions shall be certified to the several
4 county clerks in the order in which such names appear on such
5 petitions filed with the State Board of Elections.
6     Not less than 61 55 days before the date of the general
7 election, each county clerk shall certify the names of each of
8 the candidates for county offices whose nomination papers,
9 certificates of nomination or resolutions to fill a vacancy in
10 nomination have been filed with such clerk and declare that the
11 names of such candidates for the respective offices shall be
12 placed upon the official ballot for the general election in the
13 same manner and in the same order as shown upon the
14 certification. 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 55 days before the election, certify to the board of election
20 commissioners the name of the person or persons nominated for
21 such office as shown by the certificate of the State Board of
22 Elections, together with the names of all other candidates as
23 shown by the certification of county officers on file in the
24 clerk's office, and in the order so certified. The county clerk
25 or board of election commissioners shall print the names of the
26 nominees on the ballot for each office in the order in which
27 they are certified to or filed with the county clerk; provided,
28 that in printing the name of nominees for any office, if any of
29 such nominees have also been nominated by one or more political
30 parties pursuant to this Act, the location of the name of such
31 candidate on the ballot for nominations made under this Article
32 shall be precisely in the same order in which it appears on the
33 certification of the State Board of Elections to the county
34 clerk.

 

 

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1     For the general election, the candidates of new political
2 parties shall be placed on the ballot for said election after
3 the established political party candidates and in the order of
4 new political party petition filings.
5     Each certification shall indicate, where applicable, the
6 following:
7     (1) The political party affiliation if any, of the
8 candidates for the respective offices;
9     (2) If there is to be more than one candidate elected to an
10 office from the State, political subdivision or district;
11     (3) If the voter has the right to vote for more than one
12 candidate for an office;
13     (4) The term of office, if a vacancy is to be filled for
14 less than a full term or if the offices to be filled in a
15 political subdivision are for different terms.
16     The State Board of Elections or the county clerk, as the
17 case may be, shall issue an amended certification whenever it
18 is discovered that the original certification is in error.
19 (Source: P.A. 86-867.)
 
20     (10 ILCS 5/10-20 new)
21     Sec. 10-20. Maximum number of petition signatures.
22 Whenever this Code or any other provision of law specifies a
23 maximum number of signatures that a petition of nomination may
24 contain and a petition contains more than that maximum number,
25 the number of signatures on the petition shall be counted from
26 the first signature on the first petition sheet and no
27 signatures after the maximum number is attained shall be
28 counted or used for any purpose.
 
29     (10 ILCS 5/Art. 12A heading new)
30
ARTICLE 12A.
31 VOTERS' GUIDE

 

 

 

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1     (10 ILCS 5/12A-2 new)
2     Sec. 12A-2. Definitions. As used in this Article, unless
3 the context otherwise requires:
4     "Board" means the State Board of Elections.
5     "Internet Guide" refers to information disseminated by the
6 State Board of Elections on a website, pursuant to Section
7 12A-5.
8     "Local election authority" means a county clerk or board of
9 election commissioners.
10     "Public question" or "question" means any question,
11 proposition, or referendum submitted to the voters under
12 Article 28 of this Code.
13     "Statewide candidate" means any candidate who runs for a
14 statewide office, including Governor, Lieutenant Governor,
15 Attorney General, Secretary of State, Treasurer, Comptroller,
16 United States President, or United States Senator.
17     "Voters' guide" means any information disseminated by the
18 State Board of Elections pursuant to Section 12A-5.
 
19     (10 ILCS 5/12A-5 new)
20     Sec. 12A-5. Internet Guide. The Board shall publish, no
21 later than the 45th day before a general election in which a
22 statewide candidate appears on the ballot, an Internet website
23 with the following information:
24         (1) The date and time of the general election.
25         (2) Requirements for a citizen to qualify as an
26     elector.
27         (3) The deadline for registering as an elector in the
28     State of Illinois for the next election.
29         (4) Contact information for local election
30     authorities.
31         (5) A description of the following offices, when they
32     appear on the ballot, including their term of office, basic
33     duties, and base salary: United States President, United

 

 

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1     States Senator, Governor, Lieutenant Governor, Attorney
2     General, Secretary of State, Treasurer, and Comptroller.
3         (6) The names and party affiliations of qualified
4     candidates for the following offices, when these offices
5     appear on the ballot: United States President, United
6     States Senator, Governor, Lieutenant Governor, Attorney
7     General, Secretary of State, Treasurer, and Comptroller.
8         (7) Challenged candidates. Where a candidate's right
9     to appear on the general election ballot has been
10     challenged, and any appeal remains pending regarding those
11     challenges, the challenged candidate may appear on the
12     Internet Guide, subject to the other provisions of Section
13     12A-10. In this instance, the Board may note that the
14     candidate's candidacy has been challenged and that he or
15     she may be removed from the ballot prior to election day.
16     If the candidate is removed from the ballot prior to
17     election day, the Board shall remove the candidate's name
18     and other information from the Internet Guide.
19         (8) Any personal statement and photograph submitted by
20     a candidate named in the Internet Guide, subject to
21     Sections 12A-10 and 12A-35.
22         (9) A means by which an elector may determine what type
23     of balloting equipment is used by his or her local election
24     authority, and the instructions for properly using that
25     equipment.
26         (10) The text of any public question that may appear on
27     the ballot.
28         (11) A mechanism by which electors may determine in
29     which congressional, legislative, representative, and
30     judicial districts they reside. The Internet Guide shall
31     allow visitors to search for candidates by office (e.g.,
32     Governor or United States Senator) and candidate's name.
33         (12) Information concerning how to become an election
34     judge.

 

 

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1     The Board shall archive the contents of the Internet Guide
2 for a period of at least 5 years.
3     In addition, the Board has the discretion to publish a
4 voters' guide before a general primary election in the manner
5 provided in this Article.
 
6     (10 ILCS 5/12A-10 new)
7     Sec. 12A-10. Candidate statements and photographs in the
8 Internet Guide.
9     (a) Any candidate whose name appears in the Internet Guide
10 may submit a written statement and a photograph to appear in
11 the Internet Guide, provided that:
12         (1) No personal statement may exceed a brief biography
13     (name, age, education, and current employment) and an
14     additional 400 words.
15         (2) Personal statements may include contact
16     information for the candidate, including the address and
17     phone number of the campaign headquarters, and the
18     candidate's website.
19         (3) Personal statements may not mention a candidate's
20     opponents by name.
21         (4) No personal statement may include language that may
22     not be legally sent through the mail.
23         (5) The photograph shall be a conventional photograph
24     with a plain background and show only the face, or the
25     head, neck, and shoulders, of the candidate.
26         (6) The photograph shall not (i) show the candidate's
27     hands, anything in the candidate's hands, or the candidate
28     wearing a judicial robe, a hat, or a military, police, or
29     fraternal uniform or (ii) include the uniform or insignia
30     of any organization.
31     (b) The Board must note in the text of the Internet Guide
32 that personal statements were submitted by the candidate or his
33 or her designee and were not edited by the Board.

 

 

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1     (c) Where a candidate declines to submit a statement, the
2 Board may note that the candidate declined to submit a
3 statement.
4     (d) The candidate must pay $1,000 for inclusion of his or
5 her personal statement and photograph, and the Board shall not
6 include photographs or statements from candidates who do not
7 pay the fee. The Board may adopt rules for refunding that fee
8 at the candidate's request, provided that the Board may not
9 include a statement or photograph from a candidate who has
10 requested a refund of a fee.
11     (e) Anyone other than the candidate submitting a statement
12 or photograph from a candidate must attest that he or she is
13 doing so on behalf and at the direction of the candidate. The
14 Board may assess a civil fine of no more than $1,000 against a
15 person or entity who falsely submits a statement or photograph
16 not authorized by the candidate.
17     (f) Nothing in this Article makes the author of any
18 statement exempt from any civil or criminal action because of
19 any defamatory statements offered for posting or contained in
20 the Internet Guide. The persons writing, signing, or offering a
21 statement for inclusion in the Internet Guide are deemed to be
22 its authors and publishers, and the Board shall not be liable
23 in any case or action relating to the content of any material
24 submitted by any candidate.
25     (g) The Board may set reasonable deadlines for the
26 submission of personal statements and photographs, provided
27 that a deadline may not be less than 5 business days after the
28 last day for filing new party petitions.
29     (h) The Board may set formats for the submission of
30 statements and photographs. The Board may require that
31 statements and photographs are submitted in an electronic
32 format.
33     (i) Fees and fines collected pursuant to subsections (d)
34 and (e), respectively, of this Section shall be deposited into

 

 

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1 the Voters' Guide Fund, a special fund created in the State
2 treasury. Moneys in the Voters' Guide Fund shall be
3 appropriated solely to the State Board of Elections for use in
4 the implementation and administration of this Article 12A.
 
5     (10 ILCS 5/12A-15 new)
6     Sec. 12A-15. Language. The Board may translate all of the
7 material it is required to provide for the Internet Guide into
8 other languages as it deems necessary to comply with the
9 federal Voting Rights Act or at its discretion. Visitors to the
10 site shall have the option of viewing the Guide in all
11 languages into which the Guide has been translated. Candidates
12 may, at their option and expense, submit statements in
13 languages other than English. The Board shall not be
14 responsible for translating candidate statements.
 
15     (10 ILCS 5/12A-35 new)
16     Sec. 12A-35. Board's review of candidate photograph and
17 statement; procedure for revision.
18     (a) If a candidate files a photograph and statement under
19 item (8) of Section 12A-5 in a voters' guide, the Board shall
20 review the photograph and statement to ensure that they comply
21 with the requirements of Section 12A-10. Review by the Board
22 under this Section shall be limited to determining whether the
23 photograph and statement comply with the requirements of
24 Section 12A-10 and may not include any determination relating
25 to the accuracy or truthfulness of the substance or contents of
26 the materials filed.
27     (b) The Board shall review each photograph and statement
28 not later than 3 business days following the deadline for
29 filing a photograph and statement. If the Board determines that
30 the photograph or statement of a candidate must be revised in
31 order to comply with the requirements of Section 12A-10, the
32 Board shall attempt to contact the candidate not later than the

 

 

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1 5th day after the deadline for filing a photograph and
2 statement. A candidate contacted by the Board under this
3 Section may file a revised photograph or statement no later
4 than the 7th business day following the deadline for filing a
5 photograph and statement.
6     (c) If the Board is required to attempt to contact a
7 candidate under subsection (b) of this Section, the Board shall
8 attempt to contact the candidate by telephone or by using an
9 electronic transmission facsimile machine, if such contact
10 information is provided by the candidate.
11     (d) If the Board is unable to contact a candidate, if the
12 candidate does not file a revised photograph or statement, or
13 if the revised filing under subsection (b) again fails to meet
14 the standards of review set by the Board:
15         (1) If a photograph does not comply with Section
16     12A-10, the Board may modify the photograph. The candidate
17     shall pay the expense of any modification before
18     publication of the photograph in the voters' guide. If the
19     photograph cannot be modified to comply with Section
20     12A-10, the photograph shall not be printed in the guide.
21         (2) If a statement does not comply with Section 12A-10,
22     the statement shall not be published in the voters' guide.
23     (e) If the photograph or statement of a candidate filed
24 under item (8) of Section 12A-5 does not comply with a
25 requirement of Section 12A-10 and the Board does not attempt to
26 contact the candidate by the deadline specified in subsection
27 (b) of this Section, then, for purposes of this Section only,
28 the photograph or statement shall be published as filed.
29     (f) A candidate revising a photograph or statement under
30 this Section shall make only those revisions necessary to
31 comply with Section 12A-10.
32     (g) The Board may by rule define the term "contact" as used
33 in this Section.
 

 

 

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1     (10 ILCS 5/12A-40 new)
2     Sec. 12A-40. Exemption from public records laws.
3 Notwithstanding any other provision of law, materials filed by
4 a candidate, political party, political committee, or other
5 person for inclusion in a voters' guide are exempt from public
6 inspection until the 4th business day after the final date for
7 filing the materials.
 
8     (10 ILCS 5/12A-45 new)
9     Sec. 12A-45. Material submitted for inclusion in any
10 voters' guide may not be admitted as evidence in any suit or
11 action against the Board to restrain or enjoin the publication
12 of a voters' guide.
 
13     (10 ILCS 5/12A-50 new)
14     Sec. 12A-50. Order of appearance within the guides. For all
15 guides disseminated by the Board, all information about offices
16 and candidates on the ballot shall be listed together in the
17 same part of the guide or insert. All candidates for one
18 office, together with their statements and photographs if any,
19 shall be listed before information on other offices and
20 candidates is listed. To the extent possible, offices and
21 candidates shall be listed in the same order in which they
22 appear on the ballot.
 
23     (10 ILCS 5/12A-55 new)
24     Sec. 12A-55. Constitutional issues. If a constitutional
25 amendment appears on the ballot, the contents of the pamphlet
26 issued by the Secretary of State under Section 2 of the
27 Illinois Constitutional Amendment Act may be included in any
28 guide issued by the Board.
 
29     (10 ILCS 5/13-2.5 new)
30     Sec. 13-2.5. Time off from work to serve as election judge.

 

 

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1 Any person who is appointed as an election judge under Section
2 13-1 or 13-2 may, after giving his or her employer at least 20
3 days' written notice, be absent from his or her place of work
4 for the purpose of serving as an election judge. An employer
5 may not penalize an employee for that absence other than a
6 deduction in salary for the time the employee was absent from
7 his or her place of employment.
8     This Section does not apply to an employer with fewer than
9 25 employees. An employer with more than 25 employees shall not
10 be required to permit more than 10% of the employees to be
11 absent under this Section on the same election day.
 
12     (10 ILCS 5/13-4)   (from Ch. 46, par. 13-4)
13     Sec. 13-4. Qualifications.
14     (a) All persons elected or chosen judge of election must:
15 (1) be citizens of the United States and entitled to vote at
16 the next election, except as provided in subsection (b) or (c);
17 (2) be of good repute and character; (3) be able to speak, read
18 and write the English language; (4) be skilled in the four
19 fundamental rules of arithmetic; (5) be of good understanding
20 and capable; (6) not be candidates for any office at the
21 election and not be elected committeemen; and (7) reside in the
22 precinct in which they are selected to act, except that in each
23 precinct, not more than one judge of each party may be
24 appointed from outside such precinct. Any judge selected to
25 serve in any precinct in which he is not entitled to vote must
26 reside within and be entitled to vote elsewhere within the
27 county which encompasses the precinct in which such judge is
28 appointed, except as provided in subsection (b) or (c). Such
29 judge must meet the other qualifications of this Section.
30     (b) An election authority may establish a program to permit
31 a person who is not entitled to vote to be appointed as an
32 election judge if, as of the date of the election at which the
33 person serves as a judge, he or she:

 

 

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1         (1) is a U.S. citizen;
2         (2) is a senior in good standing enrolled in a public
3     or private secondary school;
4         (3) has a cumulative grade point average equivalent to
5     at least 2.5 3.0 on a 4.0 scale;
6         (4) has the written approval of the principal of the
7     secondary school he or she attends at the time of
8     appointment;
9         (5) has the written approval of his or her parent or
10     legal guardian;
11         (6) has satisfactorily completed the training course
12     for judges of election described in Sections 13-2.1 and
13     13-2.2; and
14         (7) meets all other qualifications for appointment and
15     service as an election judge.
16     No more than one election judge qualifying under this
17 subsection may serve per political party per precinct. Prior to
18 appointment, a judge qualifying under this subsection must
19 certify in writing to the election authority the political
20 party the judge chooses to affiliate with.
21     Students appointed as election judges under this
22 subsection shall not be counted as absent from school on the
23 day they serve as judges.
24     (c) An election authority may establish a program to permit
25 a person who is not entitled to vote in that precinct or county
26 to be appointed as an election judge if, as of the date of the
27 election at which the person serves as a judge, he or she:
28         (1) is a U.S. citizen;
29         (2) is currently enrolled in a public or private
30     Illinois university or college;
31         (3) has a cumulative grade point average equivalent to
32     at least 2.5 on a 4.0 scale;
33         (4) has satisfactorily completed the training course
34     for judges of election described in Sections 13-2.1 and

 

 

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1     13-2.2; and
2         (5) meets all other qualifications for appointment and
3     service as an election judge.
4     No more than one election judge qualifying under this
5 subsection may serve per political party per precinct. Prior to
6 appointment, a judge qualifying under this subsection must
7 certify in writing to the election authority the political
8 party the judge chooses to affiliate with.
9     Students appointed as election judges under this
10 subsection shall not be counted as absent from school on the
11 day they serve as judges.
12 (Source: P.A. 91-352, eff. 1-1-00.)
 
13     (10 ILCS 5/14-1)   (from Ch. 46, par. 14-1)
14     Sec. 14-1. (a) The board of election commissioners
15 established or existing under Article 6 shall, at the time and
16 in the manner provided in Section 14-3.1, select and choose 5
17 persons, men or women, as judges of election for each precinct
18 in such city, village or incorporated town.
19     Where neither voting machines nor electronic, mechanical
20 or electric voting systems are used, the board of election
21 commissioners may, for any precinct with respect to which the
22 board considers such action necessary or desirable in view of
23 the number of voters, and shall for general elections for any
24 precinct containing more than 600 registered voters, appoint in
25 addition to the 5 judges of election a team of 5 tally judges.
26 In such precincts the judges of election shall preside over the
27 election during the hours the polls are open, and the tally
28 judges, with the assistance of the holdover judges designated
29 pursuant to Section 14-5.2, shall count the vote after the
30 closing of the polls. The tally judges shall possess the same
31 qualifications and shall be appointed in the same manner and
32 with the same division between political parties as is provided
33 for judges of election. The foregoing provisions relating to

 

 

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1 the appointment of tally judges are inapplicable in counties
2 with a population of 1,000,000 or more.
3     (b) To qualify as judges the persons must:
4         (1) be citizens of the United States;
5         (2) be of good repute and character;
6         (3) be able to speak, read and write the English
7     language;
8         (4) be skilled in the 4 fundamental rules of
9     arithmetic;
10         (5) be of good understanding and capable;
11         (6) not be candidates for any office at the election
12     and not be elected committeemen;
13         (7) reside and be entitled to vote in the precinct in
14     which they are selected to serve, except that in each
15     precinct not more than one judge of each party may be
16     appointed from outside such precinct. Any judge so
17     appointed to serve in any precinct in which he is not
18     entitled to vote must be entitled to vote elsewhere within
19     the county which encompasses the precinct in which such
20     judge is appointed and such judge must otherwise meet the
21     qualifications of this Section, except as provided in
22     subsection (c) or (c-5).
23     (c) An election authority may establish a program to permit
24 a person who is not entitled to vote to be appointed as an
25 election judge if, as of the date of the election at which the
26 person serves as a judge, he or she:
27         (1) is a U.S. citizen;
28         (2) is a senior in good standing enrolled in a public
29     or private secondary school;
30         (3) has a cumulative grade point average equivalent to
31     at least 2.5 3.0 on a 4.0 scale;
32         (4) has the written approval of the principal of the
33     secondary school he or she attends at the time of
34     appointment;

 

 

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1         (5) has the written approval of his or her parent or
2     legal guardian;
3         (6) has satisfactorily completed the training course
4     for judges of election described in Sections 13-2.1,
5     13-2.2, and 14-4.1; and
6         (7) meets all other qualifications for appointment and
7     service as an election judge.
8     No more than one election judge qualifying under this
9 subsection may serve per political party per precinct. Prior to
10 appointment, a judge qualifying under this subsection must
11 certify in writing to the election authority the political
12 party the judge chooses to affiliate with.
13     Students appointed as election judges under this
14 subsection shall not be counted as absent from school on the
15 day they serve as judges.
16     (c-5) An election authority may establish a program to
17 permit a person who is not entitled to vote in that precinct or
18 county to be appointed as an election judge if, as of the date
19 of the election at which the person serves as a judge, he or
20 she:
21         (1) is a U.S. citizen;
22         (2) is currently enrolled in a public or private
23     Illinois university or college;
24         (3) has a cumulative grade point average equivalent to
25     at least 2.5 on a 4.0 scale;
26         (4) has satisfactorily completed the training course
27     for judges of election described in Sections 13-2.1,
28     13-2.2, and 14-4.1; and
29         (5) meets all other qualifications for appointment and
30     service as an election judge.
31     No more than one election judge qualifying under this
32 subsection may serve per political party per precinct. Prior to
33 appointment, a judge qualifying under this subsection must
34 certify in writing to the election authority the political

 

 

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1 party the judge chooses to affiliate with.
2     Students appointed as election judges under this
3 subsection shall not be counted as absent from school on the
4 day they serve as judges.
5     (d) The board of election commissioners may select 2
6 additional judges of election, one from each of the major
7 political parties, for each 200 voters in excess of 600 in any
8 precinct having more than 600 voters as authorized by Section
9 11-3. These additional judges must meet the qualifications
10 prescribed in this Section.
11 (Source: P.A. 91-352, eff. 1-1-00.)
 
12     (10 ILCS 5/14-4.5 new)
13     Sec. 14-4.5. Time off from work to serve as election judge.
14 Any person who is appointed as an election judge under Section
15 13-1 or 13-2 may, after giving his or her employer at least 20
16 days' written notice, be absent from his or her place of work
17 for the purpose of serving as an election judge. An employer
18 may not penalize an employee for that absence other than a
19 deduction in salary for the time the employee was absent from
20 his or her place of employment.
21     This Section does not apply to an employer with fewer than
22 25 employees. An employer with more than 25 employees shall not
23 be required to permit more than 10% of the employees to be
24 absent under this Section on the same election day.
 
25     (10 ILCS 5/17-23)  (from Ch. 46, par. 17-23)
26     Sec. 17-23. Pollwatchers in a general election shall be
27 authorized in the following manner:
28     (1) Each established political party shall be entitled to
29 appoint two pollwatchers per precinct. Such pollwatchers must
30 be affiliated with the political party for which they are
31 pollwatching. For all elections, the pollwatchers must be
32 registered to vote in Illinois.

 

 

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1     (2) Each candidate shall be entitled to appoint two
2 pollwatchers per precinct. For all elections, the pollwatchers
3 must be registered to vote in Illinois.
4     (3) Each organization of citizens within the county or
5 political subdivision, which has among its purposes or
6 interests the investigation or prosecution of election frauds,
7 and which shall have registered its name and address and the
8 name and addresses of its principal officers with the proper
9 election authority at least 40 days before the election, shall
10 be entitled to appoint one pollwatcher per precinct. For all
11 elections, the pollwatcher must be registered to vote in
12 Illinois.
13     (4) In any general election held to elect candidates for
14 the offices of a municipality of less than 3,000,000 population
15 that is situated in 2 or more counties, a pollwatcher who is a
16 resident of Illinois shall be eligible to serve as a
17 pollwatcher in any poll located within such municipality,
18 provided that such pollwatcher otherwise complies with the
19 respective requirements of subsections (1) through (3) of this
20 Section and is a registered voter in Illinois.
21     (5) Each organized group of proponents or opponents of a
22 ballot proposition, which shall have registered the name and
23 address of its organization or committee and the name and
24 address of its chairman with the proper election authority at
25 least 40 days before the election, shall be entitled to appoint
26 one pollwatcher per precinct. The pollwatcher must be
27 registered to vote in Illinois.
28     All pollwatchers shall be required to have proper
29 credentials. Such credentials shall be printed in sufficient
30 quantities, shall be issued by and under the facsimile
31 signature(s) of the election authority and shall be available
32 for distribution at least 2 weeks prior to the election. Such
33 credentials shall be authorized by the real or facsimile
34 signature of the State or local party official or the candidate

 

 

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1 or the presiding officer of the civic organization or the
2 chairman of the proponent or opponent group, as the case may
3 be.
4     Pollwatcher credentials shall be in substantially the
5 following form:
 
6
POLLWATCHER CREDENTIALS
7 TO THE JUDGES OF ELECTION:
8     In accordance with the provisions of the Election Code, the
9 undersigned hereby appoints .......... (name of pollwatcher)
10 who resides at ........... (address) in the county of
11 ..........., .......... (township or municipality) of
12 ........... (name), State of Illinois and who is duly
13 registered to vote from this address, to act as a pollwatcher
14 in the ........... precinct of the ........... ward (if
15 applicable) of the ........... (township or municipality) of
16 ........... at the ........... election to be held on (insert
17 date).
18 ........................  (Signature of Appointing Authority)
19 ......................... TITLE  (party official,  candidate,
20                                 civic organization president,
21                         proponent or opponent group chairman)
 
22     Under penalties provided by law pursuant to Section 29-10
23 of the Election Code, the undersigned pollwatcher certifies
24 that he or she resides at ................ (address) in the
25 county of ............, ......... (township or municipality)
26 of ........... (name), State of Illinois, and is duly
27 registered to vote in Illinois.
28 ..........................            .......................
29 (Precinct and/or Ward in           (Signature of Pollwatcher)
30 Which Pollwatcher Resides)
 
31     Pollwatchers must present their credentials to the Judges

 

 

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1 of Election upon entering the polling place. Pollwatcher
2 credentials properly executed and signed shall be proof of the
3 qualifications of the pollwatcher authorized thereby. Such
4 credentials are retained by the Judges and returned to the
5 Election Authority at the end of the day of election with the
6 other election materials. Once a pollwatcher has surrendered a
7 valid credential, he may leave and reenter the polling place
8 provided that such continuing action does not disrupt the
9 conduct of the election. Pollwatchers may be substituted during
10 the course of the day, but established political parties,
11 candidates and qualified civic organizations can have only as
12 many pollwatchers at any given time as are authorized in this
13 Article. A substitute must present his signed credential to the
14 judges of election upon entering the polling place. Election
15 authorities must provide a sufficient number of credentials to
16 allow for substitution of pollwatchers. After the polls have
17 closed pollwatchers shall be allowed to remain until the
18 canvass of votes is completed; but may leave and reenter only
19 in cases of necessity, provided that such action is not so
20 continuous as to disrupt the canvass of votes.
21     Candidates seeking office in a district or municipality
22 encompassing 2 or more counties shall be admitted to any and
23 all polling places throughout such district or municipality
24 without regard to the counties in which such candidates are
25 registered to vote. Actions of such candidates shall be
26 governed in each polling place by the same privileges and
27 limitations that apply to pollwatchers as provided in this
28 Section. Any such candidate who engages in an activity in a
29 polling place which could reasonably be construed by a majority
30 of the judges of election as campaign activity shall be removed
31 forthwith from such polling place.
32     Candidates seeking office in a district or municipality
33 encompassing 2 or more counties who desire to be admitted to
34 polling places on election day in such district or municipality

 

 

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1 shall be required to have proper credentials. Such credentials
2 shall be printed in sufficient quantities, shall be issued by
3 and under the facsimile signature of the election authority of
4 the election jurisdiction where the polling place in which the
5 candidate seeks admittance is located, and shall be available
6 for distribution at least 2 weeks prior to the election. Such
7 credentials shall be signed by the candidate.
8     Candidate credentials shall be in substantially the
9 following form:
 
10
CANDIDATE CREDENTIALS
11     TO THE JUDGES OF ELECTION:
12     In accordance with the provisions of the Election Code, I
13 ...... (name of candidate) hereby certify that I am a candidate
14 for ....... (name of office) and seek admittance to .......
15 precinct of the ....... ward (if applicable) of the .......
16 (township or municipality) of ....... at the ....... election
17 to be held on (insert date).
18 .........................             .......................
19 (Signature of Candidate)              OFFICE FOR WHICH
20                                       CANDIDATE SEEKS
21                                       NOMINATION OR
22                                       ELECTION
 
23     Pollwatchers shall be permitted to observe all proceedings
24 and all records relating to the conduct of the election,
25 provided the secrecy of the ballot is not impinged, and to
26 station themselves in a position in the voting room as will
27 enable them to observe the judges making the signature
28 comparison between the voter application and the voter
29 registration record card; provided, however, that such
30 pollwatchers shall not be permitted to station themselves in
31 such close proximity to the judges of election so as to
32 interfere with the orderly conduct of the election and shall

 

 

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1 not, in any event, be permitted to handle election materials.
2 Pollwatchers may challenge for cause the voting qualifications
3 of a person offering to vote and may call to the attention of
4 the judges of election any incorrect procedure or apparent
5 violations of this Code.
6     If a majority of the judges of election determine that the
7 polling place has become too overcrowded with pollwatchers so
8 as to interfere with the orderly conduct of the election, the
9 judges shall, by lot, limit such pollwatchers to a reasonable
10 number, except that each established or new political party
11 shall be permitted to have at least one pollwatcher present.
12     Representatives of an election authority, with regard to an
13 election under its jurisdiction, the State Board of Elections,
14 and law enforcement agencies, including but not limited to a
15 United States Attorney, a State's attorney, the Attorney
16 General, and a State, county, or local police department, in
17 the performance of their official election duties, shall be
18 permitted at all times to enter and remain in the polling
19 place. Upon entering the polling place, such representatives
20 shall display their official credentials or other
21 identification to the judges of election.
22     Uniformed police officers assigned to polling place duty
23 shall follow all lawful instructions of the judges of election.
24     The provisions of this Section shall also apply to
25 supervised casting of absentee ballots as provided in Section
26 19-12.2 of this Act.
27 (Source: P.A. 93-574, eff. 8-21-03.)
 
28     (10 ILCS 5/17-29)  (from Ch. 46, par. 17-29)
29     Sec. 17-29. (a) No judge of election, pollwatcher, or other
30 person shall, at any primary or election, do any electioneering
31 or soliciting of votes or engage in any political discussion
32 within any polling place or within 100 feet of any polling
33 place; no person shall interrupt, hinder or oppose any voter

 

 

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1 while approaching within 100 feet of any polling place for the
2 purpose of voting. Judges of election shall enforce the
3 provisions of this Section.
4     (b) Election officers shall place 2 or more cones, small
5 United States national flags, or some other marker a distance
6 of 100 horizontal feet from each entrance to the room used by
7 voters to engage in voting, which shall be known as the polling
8 room. If the polling room is located within a building that is
9 a private business, a public or private school, or a church or
10 other organization founded for the purpose of religious worship
11 and the distance of 100 horizontal feet ends within the
12 interior of the building, then the markers shall be placed
13 outside of the building at each entrance used by voters to
14 enter that building on the grounds adjacent to the thoroughfare
15 or walkway. If the polling room is located within a public or
16 private building with 2 or more floors and the polling room is
17 located on the ground floor, then the markers shall be placed
18 100 horizontal feet from each entrance to the polling room used
19 by voters to engage in voting. If the polling room is located
20 in a public or private building with 2 or more floors and the
21 polling room is located on a floor above or below the ground
22 floor, then the markers shall be placed a distance of 100 feet
23 from the nearest elevator or staircase used by voters on the
24 ground floor to access the floor where the polling room is
25 located. The area within where the markers are placed shall be
26 known as a campaign free zone, and electioneering is prohibited
27 pursuant to this subsection.
28     The area on polling place property beyond the campaign free
29 zone, whether publicly or privately owned, is a public forum
30 for the time that the polls are open on an election day. At the
31 request of election officers any publicly owned building must
32 be made available for use as a polling place. A person shall
33 have the right to congregate and engage in electioneering on
34 any polling place property while the polls are open beyond the

 

 

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1 campaign free zone, including but not limited to, the placement
2 of temporary signs. This subsection shall be construed
3 liberally in favor of persons engaging in electioneering on all
4 polling place property beyond the campaign free zone for the
5 time that the polls are open on an election day.
6     (c) The regulation of electioneering on polling place
7 property on an election day, including but not limited to the
8 placement of temporary signs, is an exclusive power and
9 function of the State. A home rule unit may not regulate
10 electioneering and any ordinance or local law contrary to
11 subsection (c) is declared void. This is a denial and
12 limitation of home rule powers and functions under subsection
13 (h) of Section 6 of Article VII of the Illinois Constitution.
14 (Source: P.A. 93-574, eff. 8-21-03.)
 
15     (10 ILCS 5/17-100 new)
16     Sec. 17-100. Definition of a vote.
17     (a) Notwithstanding any law to the contrary, for the
18 purpose of this Article, a person casts a valid vote on a punch
19 card ballot when:
20         (1) A chad on the card has at least one corner detached
21     from the card;
22         (2) The fibers of paper on at least one edge of the
23     chad are broken in a way that permits unimpeded light to be
24     seen through the card; or
25         (3) An indentation on the chad from the stylus or other
26     object is present and indicates a clearly ascertainable
27     intent of the voter to vote based on the totality of the
28     circumstances, including but not limited to any pattern or
29     frequency of indentations on other ballot positions from
30     the same ballot card.
31     (b) Write-in votes shall be counted in a manner consistent
32 with the existing provisions of this Code.
33     (c) For purposes of this Section, a "chad" is that portion

 

 

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1 of a ballot card that a voter punches or perforates with a
2 stylus or other designated marking device to manifest his or
3 her vote for a particular ballot position on a ballot card as
4 defined in subsection (a).
5     (d) Prior to the original counting of any punch card
6 ballots, an election judge may not alter a punch card ballot in
7 any manner, including, but not limited to, the removal or
8 manipulation of chads.
 
9     (10 ILCS 5/18-100 new)
10     Sec. 18-100. Definition of a vote.
11     (a) Notwithstanding any law to the contrary, for the
12 purpose of this Article, a person casts a valid vote on a punch
13 card ballot when:
14         (1) A chad on the card has at least one corner detached
15     from the card;
16         (2) The fibers of paper on at least one edge of the
17     chad are broken in a way that permits unimpeded light to be
18     seen through the card; or
19         (3) An indentation on the chad from the stylus or other
20     object is present and indicates a clearly ascertainable
21     intent of the voter to vote based on the totality of the
22     circumstances, including but not limited to any pattern or
23     frequency of indentations on other ballot positions from
24     the same ballot card.
25     (b) Write-in votes shall be counted in a manner consistent
26 with the existing provisions of this Code.
27     (c) For purposes of this Section, a "chad" is that portion
28 of a ballot card that a voter punches or perforates with a
29 stylus or other designated marking device to manifest his or
30 her vote for a particular ballot position on a ballot card as
31 defined in subsection (a).
32     (d) Prior to the original counting of any punch card
33 ballots, an election judge may not alter a punch card ballot in

 

 

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1 any manner, including, but not limited to, the removal or
2 manipulation of chads.
 
3     (10 ILCS 5/18A-5)
4     Sec. 18A-5. Provisional voting; general provisions.
5     (a) A person who claims to be a registered voter is
6 entitled to cast a provisional ballot under the following
7 circumstances:
8         (1) The person's name does not appear on the official
9     list of eligible voters, whether a list of active or
10     inactive voters, for the precinct in which the person seeks
11     to vote;
12         (2) The person's voting status has been challenged by
13     an election judge, a pollwatcher, or any legal voter and
14     that challenge has been sustained by a majority of the
15     election judges; or
16         (3) A federal or State court order extends the time for
17     closing the polls beyond the time period established by
18     State law and the person votes during the extended time
19     period; or .
20         (4) The voter registered to vote by mail and is
21     required by law to present identification when voting
22     either in person or by absentee ballot, but fails to do so.
23     (b) The procedure for obtaining and casting a provisional
24 ballot at the polling place shall be as follows:
25         (1) After first verifying through an examination of the
26     precinct register that the person's address is within the
27     precinct boundaries, an An election judge at the polling
28     place shall notify a person who is entitled to cast a
29     provisional ballot pursuant to subsection (a) that he or
30     she may cast a provisional ballot in that election. An
31     election judge must accept any information provided by a
32     person who casts a provisional ballot that the person
33     believes supports his or her claim that he or she is a duly

 

 

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1     registered voter and qualified to vote in the election.
2     However, if the person's residence address is outside the
3     precinct boundaries, the election judge shall inform the
4     person of that fact, give the person the appropriate
5     telephone number of the election authority in order to
6     locate the polling place assigned to serve that address,
7     and instruct the person to go to the proper polling place
8     to vote.
9         (2) The person shall execute a written form provided by
10     the election judge that shall state or contain all of the
11     following that is available:
12         (i) an affidavit stating the following:
13             State of Illinois, County of ................,
14         Township ............., Precinct ........, Ward
15         ........, I, ......................., do solemnly
16         swear (or affirm) that: I am a citizen of the United
17         States; I am 18 years of age or older; I have resided
18         in this State and in this precinct for 30 days
19         preceding this election; I have not voted in this
20         election; I am a duly registered voter in every
21         respect; and I am eligible to vote in this election.
22         Signature ...... Printed Name of Voter ....... Printed
23         Residence Address of Voter ...... City ...... State
24         .... Zip Code ..... Telephone Number ...... Date of
25         Birth ....... and Illinois Driver's License Number
26         ....... or Last 4 digits of Social Security Number
27         ...... or State Identification Card Number issued to
28         you by the Illinois Secretary of State........
29         (ii) Written instruction stating the following:
30             In order to expedite the verification of your voter
31         registration status, the .... (insert name of county
32         clerk of board of election commissioners here)
33         requests that you include your phone number and both
34         the last four digits of your social security number and

 

 

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1         your driver's license number or State Identification
2         Card Number issued to you by the Secretary of State. At
3         minimum, you are required to include either (A) your
4         driver's license number or State Identification Card
5         Number issued to you by the Secretary of State or (B)
6         the last 4 digits of your social security number.
7         (ii) (iii) A box for the election judge to check one of
8     the 4 3 reasons why the person was given a provisional
9     ballot under subsection (a) of Section 18A-5.
10         (iii) (iv) An area for the election judge to affix his
11     or her signature and to set forth any facts that support or
12     oppose the allegation that the person is not qualified to
13     vote in the precinct in which the person is seeking to
14     vote.
15     The written affidavit form described in this subsection
16 (b)(2) must be printed on a multi-part form prescribed by the
17 county clerk or board of election commissioners, as the case
18 may be.
19     (3) After the person executes the portion of the written
20 affidavit described in subsection (b)(2)(i) of this Section,
21 the election judge shall complete the portion of the written
22 affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
23     (4) The election judge shall give a copy of the completed
24 written affidavit to the person. The election judge shall place
25 the original written affidavit in a self-adhesive clear plastic
26 packing list envelope that must be attached to a separate
27 envelope marked as a "provisional ballot envelope". The
28 election judge shall also place any information provided by the
29 person who casts a provisional ballot in the clear plastic
30 packing list envelope. Each county clerk or board of election
31 commissioners, as the case may be, must design, obtain or
32 procure self-adhesive clear plastic packing list envelopes and
33 provisional ballot envelopes that are suitable for
34 implementing this subsection (b)(4) of this Section.

 

 

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1     (5) The election judge shall provide the person with a
2 provisional ballot, written instructions for casting a
3 provisional ballot, and the provisional ballot envelope with
4 the clear plastic packing list envelope affixed to it, which
5 contains the person's original written affidavit and, if any,
6 information provided by the provisional voter to support his or
7 her claim that he or she is a duly registered voter. An
8 election judge must also give the person written information
9 that states that any person who casts a provisional ballot
10 shall be able to ascertain, pursuant to guidelines established
11 by the State Board of Elections, whether the provisional vote
12 was counted in the official canvass of votes for that election
13 and, if the provisional vote was not counted, the reason that
14 the vote was not counted.
15     (6) After the person has completed marking his or her
16 provisional ballot, he or she shall place the marked ballot
17 inside of the provisional ballot envelope, close and seal the
18 envelope, and return the envelope to an election judge, who
19 shall then deposit the sealed provisional ballot envelope into
20 a securable container separately identified and utilized for
21 containing sealed provisional ballot envelopes. Ballots that
22 are provisional because they are cast after 7:00 p.m. by court
23 order shall be kept separate from other provisional ballots.
24 Upon the closing of the polls, the securable container shall be
25 sealed with filament tape provided for that purpose, which
26 shall be wrapped around the box lengthwise and crosswise, at
27 least twice each way, and each of the election judges shall
28 sign the seal.
29     (c) Instead of the affidavit form described in subsection
30 (b), the county clerk or board of election commissioners, as
31 the case may be, may design and use a multi-part affidavit form
32 that is imprinted upon or attached to the provisional ballot
33 envelope described in subsection (b). If a county clerk or
34 board of election commissioners elects to design and use its

 

 

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1 own multi-part affidavit form, then the county clerk or board
2 of election commissioners shall establish a mechanism for
3 accepting any information the provisional voter has supplied to
4 the election judge to support his or her claim that he or she
5 is a duly registered voter. In all other respects, a county
6 clerk or board of election commissioners shall establish
7 procedures consistent with subsection (b).
8     (d) The county clerk or board of election commissioners, as
9 the case may be, shall use the completed affidavit form
10 described in subsection (b) to update the person's voter
11 registration information in the State voter registration
12 database and voter registration database of the county clerk or
13 board of election commissioners, as the case may be. If a
14 person is later determined not to be a registered voter based
15 on Section 18A-15 of this Code, then the affidavit shall be
16 processed by the county clerk or board of election
17 commissioners, as the case may be, as a voter registration
18 application.
19 (Source: P.A. 93-574, eff. 8-21-03.)
 
20     (10 ILCS 5/18A-15)
21     Sec. 18A-15. Validating and counting provisional ballots.
22     (a) The county clerk or board of election commissioners
23 shall complete the validation and counting of provisional
24 ballots within 14 calendar days of the day of the election. The
25 county clerk or board of election commissioners shall have 7
26 calendar days from the completion of the validation and
27 counting of provisional ballots to conduct its final canvass.
28 The State Board of Elections shall complete within 31 calendar
29 days of the election or sooner if all the returns are received,
30 its final canvass of the vote for all public offices.
31     (b) If a county clerk or board of election commissioners
32 determines that all of the following apply, then a provisional
33 ballot is valid and shall be counted as a vote:

 

 

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1         (1) The provisional voter cast the provisional ballot
2     in the correct precinct based on the address provided by
3     the provisional voter;
4         (2) The affidavit executed by the provisional voter
5     pursuant to subsection (b)(2) of Section 18A-5 contains, at
6     a minimum, the provisional voter's first and last name,
7     house number and street name, and signature or mark 18A-10
8     is properly executed; and
9         (3) the provisional voter is a registered voter based
10     on information available to the county clerk or board of
11     election commissioners provided by or obtained from any of
12     the following:
13             i. the provisional voter;
14             ii. an election judge;
15             iii. the statewide voter registration database
16         maintained by the State Board of Elections;
17             iv. the records of the county clerk or board of
18         election commissioners' database; or
19             v. the records of the Secretary of State.
20     (c) With respect to subsection (b)(3) of this Section, the
21 county clerk or board of election commissioners shall
22 investigate whether each of the 5 types of information is
23 available and record whether this information is or is not
24 available. If one or more types of information is available,
25 then the county clerk or board of election commissioners shall
26 obtain all relevant information from all sources identified in
27 subsection (b)(3) or until satisfied that the provisional voter
28 is registered and entitled to vote. The county clerk or board
29 of election commissioners shall use any information it obtains
30 as the basis for determining the voter registration status of
31 the provisional voter. If a conflict exists among the
32 information available to the county clerk or board of election
33 commissioners as to the registration status of the provisional
34 voter, then the county clerk or board of election commissioners

 

 

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1 shall make a determination based on the totality of the
2 circumstances. In a case where the above information equally
3 supports or opposes the registration status of the voter, the
4 county clerk or board of election commissioners shall decide in
5 favor of the provisional voter as being duly registered to
6 vote. If the statewide voter registration database maintained
7 by the State Board of Elections indicates that the provisional
8 voter is registered to vote, but the county clerk's or board of
9 election commissioners' voter registration database indicates
10 that the provisional voter is not registered to vote, then the
11 information found in the statewide voter registration database
12 shall control the matter and the provisional voter shall be
13 deemed to be registered to vote. If the records of the county
14 clerk or board of election commissioners indicates that the
15 provisional voter is registered to vote, but the statewide
16 voter registration database maintained by the State Board of
17 Elections indicates that the provisional voter is not
18 registered to vote, then the information found in the records
19 of the county clerk or board of election commissioners shall
20 control the matter and the provisional voter shall be deemed to
21 be registered to vote. If the provisional voter's signature on
22 his or her provisional ballot request varies from the signature
23 on an otherwise valid registration application solely because
24 of the substitution of initials for the first or middle name,
25 the election authority may not reject the provisional ballot.
26     (d) In validating the registration status of a person
27 casting a provisional ballot, the county clerk or board of
28 election commissioners shall not require a provisional voter to
29 complete any form other than the affidavit executed by the
30 provisional voter under subsection (b)(2) of Section 18A-5. In
31 addition, the county clerk or board of election commissioners
32 shall not require all provisional voters or any particular
33 class or group of provisional voters to appear personally
34 before the county clerk or board of election commissioners or

 

 

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1 as a matter of policy require provisional voters to submit
2 additional information to verify or otherwise support the
3 information already submitted by the provisional voter. The
4 provisional voter may, within 2 calendar days after the
5 election, submit additional information to the county clerk or
6 board of election commissioners. This information must be
7 received by the county clerk or board of election commissioners
8 within the 2-calendar-day period.
9     (e) If the county clerk or board of election commissioners
10 determines that subsection (b)(1), (b)(2), or (b)(3) does not
11 apply, then the provisional ballot is not valid and may not be
12 counted. The provisional ballot envelope containing the ballot
13 cast by the provisional voter may not be opened. The county
14 clerk or board of election commissioners shall write on the
15 provisional ballot envelope the following: "Provisional ballot
16 determined invalid.".
17     (f) If the county clerk or board of election commissioners
18 determines that a provisional ballot is valid under this
19 Section, then the provisional ballot envelope shall be opened.
20 The outside of each provisional ballot envelope shall also be
21 marked to identify the precinct and the date of the election.
22     (g) The provisional ballots determined to be valid shall be
23 added to the vote totals for the precincts from which they were
24 cast in the order in which the ballots were opened. The county
25 clerk or board of election commissioners may, in the
26 alternative, create a separate provisional-voter precinct for
27 the purpose of counting and recording provisional ballots and
28 adding the recorded votes to its official canvass. The
29 validation and counting of provisional ballots shall be subject
30 to the provisions of this Code that apply to pollwatchers. If
31 the provisional ballots are a ballot of a punch card voting
32 system, then the provisional ballot shall be counted in a
33 manner consistent with Article 24A. If the provisional ballots
34 are a ballot of optical scan or other type of approved

 

 

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1 electronic voting system, then the provisional ballots shall be
2 counted in a manner consistent with Article 24B.
3     (h) As soon as the ballots have been counted, the election
4 judges or election officials shall, in the presence of the
5 county clerk or board of election commissioners, place each of
6 the following items in a separate envelope or bag: (1) all
7 provisional ballots, voted or spoiled; (2) all provisional
8 ballot envelopes of provisional ballots voted or spoiled; and
9 (3) all executed affidavits of the provisional ballots voted or
10 spoiled. All provisional ballot envelopes for provisional
11 voters who have been determined not to be registered to vote
12 shall remain sealed. The county clerk or board of election
13 commissioners shall treat the provisional ballot envelope
14 containing the written affidavit as a voter registration
15 application for that person for the next election and process
16 that application. The election judges or election officials
17 shall then securely seal each envelope or bag, initial the
18 envelope or bag, and plainly mark on the outside of the
19 envelope or bag in ink the precinct in which the provisional
20 ballots were cast. The election judges or election officials
21 shall then place each sealed envelope or bag into a box, secure
22 and seal it in the same manner as described in item (6) of
23 subsection (b) of Section 18A-5. Each election judge or
24 election official shall take and subscribe an oath before the
25 county clerk or board of election commissioners that the
26 election judge or election official securely kept the ballots
27 and papers in the box, did not permit any person to open the
28 box or otherwise touch or tamper with the ballots and papers in
29 the box, and has no knowledge of any other person opening the
30 box. For purposes of this Section, the term "election official"
31 means the county clerk, a member of the board of election
32 commissioners, as the case may be, and their respective
33 employees.
34 (Source: P.A. 93-574, eff. 8-21-03.)
 

 

 

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1     (10 ILCS 5/19-2.1)  (from Ch. 46, par. 19-2.1)
2     Sec. 19-2.1. At the consolidated primary, general primary,
3 consolidated, and general elections, electors entitled to vote
4 by absentee ballot under the provisions of Section 19-1 may
5 vote in person at the office of the municipal clerk, if the
6 elector is a resident of a municipality not having a board of
7 election commissioners, or at the office of the township clerk
8 or, in counties not under township organization, at the office
9 of the road district clerk if the elector is not a resident of
10 a municipality; provided, in each case that the municipal,
11 township or road district clerk, as the case may be, is
12 authorized to conduct in-person absentee voting pursuant to
13 this Section. Absentee voting in such municipal and township
14 clerk's offices under this Section shall be conducted from the
15 22nd day through the day before the election.
16     Municipal and township clerks (or road district clerks) who
17 have regularly scheduled working hours at regularly designated
18 offices other than a place of residence and whose offices are
19 open for business during the same hours as the office of the
20 election authority shall conduct in-person absentee voting for
21 said elections. Municipal and township clerks (or road district
22 clerks) who have no regularly scheduled working hours but who
23 have regularly designated offices other than a place of
24 residence shall conduct in-person absentee voting for said
25 elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00
26 a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on
27 Saturdays, but not during such hours as the office of the
28 election authority is closed, unless the clerk files a written
29 waiver with the election authority not later than July 1 of
30 each year stating that he or she is unable to conduct such
31 voting and the reasons therefor. Such clerks who conduct
32 in-person absentee voting may extend their hours for that
33 purpose to include any hours in which the election authority's

 

 

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1 office is open. Municipal and township clerks (or road district
2 clerks) who have no regularly scheduled office hours and no
3 regularly designated offices other than a place of residence
4 may not conduct in-person absentee voting for said elections.
5 The election authority may devise alternative methods for
6 in-person absentee voting before said elections for those
7 precincts located within the territorial area of a municipality
8 or township (or road district) wherein the clerk of such
9 municipality or township (or road district) has waived or is
10 not entitled to conduct such voting. In addition, electors may
11 vote by absentee ballot under the provisions of Section 19-1 at
12 the office of the election authority having jurisdiction over
13 their residence.
14     In conducting absentee voting under this Section, the
15 respective clerks shall not be required to verify the signature
16 of the absentee voter by comparison with the signature on the
17 official registration record card. However, the clerk shall
18 reasonably ascertain the identity of such applicant, shall
19 verify that each such applicant is a registered voter, and
20 shall verify the precinct in which he or she is registered and
21 the proper ballots of the political subdivisions in which the
22 applicant resides and is entitled to vote, prior to providing
23 any absentee ballot to such applicant. The clerk shall verify
24 the applicant's registration and from the most recent poll list
25 provided by the county clerk, and if the applicant is not
26 listed on that poll list then by telephoning the office of the
27 county clerk.
28     Absentee voting procedures in the office of the municipal,
29 township and road district clerks shall be subject to all of
30 the applicable provisions of this Article 19. Pollwatchers may
31 be appointed to observe in-person absentee voting procedures
32 and all records relating to the conduct of the election,
33 provided the secrecy of the ballot is not impinged, at the
34 office of the municipal, township or road district clerks'

 

 

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1 offices where such absentee voting is conducted. Such
2 pollwatchers shall qualify and be appointed in the same manner
3 as provided in Sections 7-34 and 17-23, except each candidate,
4 political party or organization of citizens may appoint only
5 one pollwatcher for each location where in-person absentee
6 voting is conducted. Pollwatchers must be registered to vote in
7 Illinois and possess valid pollwatcher credentials. All
8 requirements in this Article applicable to election
9 authorities shall apply to the respective local clerks, except
10 where inconsistent with this Section.
11     The sealed absentee ballots in their carrier envelope shall
12 be delivered by the respective clerks, or by the election
13 authority on behalf of a clerk if the clerk and the election
14 authority agree, to the proper polling place before the close
15 of the polls on the day of the general primary, consolidated
16 primary, consolidated, or general election.
17     Not more than 23 days before the nonpartisan, general and
18 consolidated elections, the county clerk shall make available
19 to those municipal, township and road district clerks
20 conducting in-person absentee voting within such county, a
21 sufficient number of applications, absentee ballots,
22 envelopes, and printed voting instruction slips for use by
23 absentee voters in the offices of such clerks. The respective
24 clerks shall receipt for all ballots received, shall return all
25 unused or spoiled ballots to the county clerk on the day of the
26 election and shall strictly account for all ballots received.
27     The ballots delivered to the respective clerks shall
28 include absentee ballots for each precinct in the municipality,
29 township or road district, or shall include such separate
30 ballots for each political subdivision conducting an election
31 of officers or a referendum on that election day as will permit
32 any resident of the municipality, township or road district to
33 vote absentee in the office of the proper clerk.
34     The clerks of all municipalities, townships and road

 

 

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1 districts may distribute applications for absentee ballot for
2 the use of voters who wish to mail such applications to the
3 appropriate election authority. Such applications for absentee
4 ballots shall be made on forms provided by the election
5 authority. Duplication of such forms by the municipal, township
6 or road district clerk is prohibited.
7 (Source: P.A. 93-574, eff. 8-21-03.)
 
8     (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
9     Sec. 19-4. Mailing or delivery of ballots - Time.)
10 Immediately upon the receipt of such application either by
11 mail, not more than 40 days nor less than 5 days prior to such
12 election, or by personal delivery not more than 40 days nor
13 less than one day prior to such election, at the office of such
14 election authority, it shall be the duty of such election
15 authority to examine the records to ascertain whether or not
16 such applicant is lawfully entitled to vote as requested, and
17 if found so to be, to post within one business day thereafter
18 the name, street address, ward and precinct number or township
19 and district number, as the case may be, of such applicant
20 given on a list, the pages of which are to be numbered
21 consecutively to be kept by such election authority for such
22 purpose in a conspicuous, open and public place accessible to
23 the public at the entrance of the office of such election
24 authority, and in such a manner that such list may be viewed
25 without necessity of requesting permission therefor. Within
26 one business day after posting the name and other information
27 of an applicant for an absentee ballot, the election authority
28 shall transmit that name and other posted information to the
29 State Board of Elections, which shall maintain those names and
30 other information in an electronic format on its website,
31 arranged by county and accessible to State and local political
32 committees. , and Within 2 business days after posting a name
33 and other information on the list within its office, the

 

 

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1 election authority shall thereafter to mail, postage prepaid,
2 or deliver in person in such office an official ballot or
3 ballots if more than one are to be voted at said election. Mail
4 delivery of Temporarily Absent Student ballot applications
5 pursuant to Section 19-12.3 shall be by nonforwardable mail.
6 However, for the consolidated election, absentee ballots for
7 certain precincts may be delivered to applicants not less than
8 25 days before the election if so much time is required to have
9 prepared and printed the ballots containing the names of
10 persons nominated for offices at the consolidated primary. The
11 election authority shall enclose with each absentee ballot or
12 application written instructions on how voting assistance
13 shall be provided pursuant to Section 17-14 and a document,
14 written and approved by the State Board of Elections,
15 enumerating the circumstances under which a person is
16 authorized to vote by absentee ballot pursuant to this Article;
17 such document shall also include a statement informing the
18 applicant that if he or she falsifies or is solicited by
19 another to falsify his or her eligibility to cast an absentee
20 ballot, such applicant or other is subject to penalties
21 pursuant to Section 29-10 and Section 29-20 of the Election
22 Code. Each election authority shall maintain a list of the
23 name, street address, ward and precinct, or township and
24 district number, as the case may be, of all applicants who have
25 returned absentee ballots to such authority, and the name of
26 such absent voter shall be added to such list within one
27 business day from receipt of such ballot. If the absentee
28 ballot envelope indicates that the voter was assisted in
29 casting the ballot, the name of the person so assisting shall
30 be included on the list. The list, the pages of which are to be
31 numbered consecutively, shall be kept by each election
32 authority in a conspicuous, open, and public place accessible
33 to the public at the entrance of the office of the election
34 authority and in a manner that the list may be viewed without

 

 

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1 necessity of requesting permission for viewing.
2     Each election authority shall maintain a list for each
3 election of the voters to whom it has issued absentee ballots.
4 The list shall be maintained for each precinct within the
5 jurisdiction of the election authority. Prior to the opening of
6 the polls on election day, the election authority shall deliver
7 to the judges of election in each precinct the list of
8 registered voters in that precinct to whom absentee ballots
9 have been issued by mail.
10     Each election authority shall maintain a list for each
11 election of voters to whom it has issued temporarily absent
12 student ballots. The list shall be maintained for each election
13 jurisdiction within which such voters temporarily abide.
14 Immediately after the close of the period during which
15 application may be made by mail for absentee ballots, each
16 election authority shall mail to each other election authority
17 within the State a certified list of all such voters
18 temporarily abiding within the jurisdiction of the other
19 election authority.
20     In the event that the return address of an application for
21 ballot by a physically incapacitated elector is that of a
22 facility licensed or certified under the Nursing Home Care Act,
23 within the jurisdiction of the election authority, and the
24 applicant is a registered voter in the precinct in which such
25 facility is located, the ballots shall be prepared and
26 transmitted to a responsible judge of election no later than 9
27 a.m. on the Saturday, Sunday or Monday immediately preceding
28 the election as designated by the election authority under
29 Section 19-12.2. Such judge shall deliver in person on the
30 designated day the ballot to the applicant on the premises of
31 the facility from which application was made. The election
32 authority shall by mail notify the applicant in such facility
33 that the ballot will be delivered by a judge of election on the
34 designated day.

 

 

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1     All applications for absentee ballots shall be available at
2 the office of the election authority for public inspection upon
3 request from the time of receipt thereof by the election
4 authority until 30 days after the election, except during the
5 time such applications are kept in the office of the election
6 authority pursuant to Section 19-7, and except during the time
7 such applications are in the possession of the judges of
8 election.
9 (Source: P.A. 89-653, eff. 8-14-96; 90-101, eff. 7-11-97.)
 
10     (10 ILCS 5/19-10)  (from Ch. 46, par. 19-10)
11     Sec. 19-10. Pollwatchers may be appointed to observe
12 in-person absentee voting procedures and all records relating
13 to the conduct of the election, provided the secrecy of the
14 ballot is not impinged, at the office of the election authority
15 as well as at municipal, township or road district clerks'
16 offices where such absentee voting is conducted. Such
17 pollwatchers shall qualify and be appointed in the same manner
18 as provided in Sections 7-34 and 17-23, except each candidate,
19 political party or organization of citizens may appoint only
20 one pollwatcher for each location where in-person absentee
21 voting is conducted. Pollwatchers must be registered to vote in
22 Illinois and possess valid pollwatcher credentials.
23     In the polling place on election day, pollwatchers shall be
24 permitted to be present during the casting of the absent
25 voters' ballots and the vote of any absent voter may be
26 challenged for cause the same as if he were present and voted
27 in person, and the judges of the election or a majority thereof
28 shall have power and authority to hear and determine the
29 legality of such ballot; Provided, however, that if a challenge
30 to any absent voter's right to vote is sustained, notice of the
31 same must be given by the judges of election by mail addressed
32 to the voter's place of residence.
33     Where certain absent voters' ballots are counted on the day

 

 

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1 of the election in the office of the election authority as
2 provided in Section 19-8 of this Act, each political party,
3 candidate and qualified civic organization shall be entitled to
4 have present one pollwatcher for each panel of election judges
5 therein assigned. Such pollwatchers shall be subject to the
6 same provisions as are provided for pollwatchers in Sections
7 7-34 and 17-23 of this Code, and shall be permitted to observe
8 the election judges making the signature comparison between
9 that which is on the ballot envelope and that which is on the
10 permanent voter registration record card taken from the master
11 file.
12 (Source: P.A. 93-574, eff. 8-21-03.)
 
13     (10 ILCS 5/20-4)   (from Ch. 46, par. 20-4)
14     Sec. 20-4. Immediately upon the receipt of the official
15 postcard or an application as provided in Section 20-3 within
16 the times heretofore prescribed, the election authority shall
17 ascertain whether or not such applicant is legally entitled to
18 vote as requested. If the election authority ascertains that
19 the applicant is lawfully entitled to vote, it shall enter the
20 name, street address, ward and precinct number of such
21 applicant on a list to be posted in his or its office in a place
22 accessible to the public. Within one business day after posting
23 the name and other information of an applicant for a ballot,
24 the election authority shall transmit that name and posted
25 information to the State Board of Elections, which shall
26 maintain the names and other information in an electronic
27 format on its website, arranged by county and accessible to
28 State and local political committees. As soon as the official
29 ballot is prepared the election authority shall immediately
30 deliver the same to the applicant in person or by mail, in the
31 manner prescribed in Section 20-5.
32     If any such election authority receives a second or
33 additional application which it believes is from the same

 

 

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1 person, he or it shall submit it to the chief judge of the
2 circuit court or any judge of that court designated by the
3 chief judge. If the chief judge or his designate determines
4 that the application submitted to him is a second or additional
5 one, he shall so notify the election authority who shall
6 disregard the second or additional application.
7     The election authority shall maintain a list for each
8 election of the voters to whom it has issued absentee ballots.
9 The list shall be maintained for each precinct within the
10 jurisdiction of the election authority. Prior to the opening of
11 the polls on election day, the election authority shall deliver
12 to the judges of election in each precinct the list of
13 registered voters in that precinct to whom absentee ballots
14 have been issued.
15 (Source: P.A. 81-0155; 81-0953; 81-1509.)
 
16     (10 ILCS 5/21-2)  (from Ch. 46, par. 21-2)
17     Sec. 21-2. The county clerks of the several counties shall,
18 within 21 8 days next after holding the election named in
19 subsection (1) of Section 2A-1.2 and Section 2A-2 make 2 copies
20 of the abstract of the votes cast for electors by each
21 political party or group, as indicated by the voter, as
22 aforesaid, by a cross in the square to the left of the bracket
23 aforesaid, or as indicated by a cross in the appropriate place
24 preceding the appellation or title of the particular political
25 party or group, and transmit by mail one of the copies to the
26 office of the State Board of Elections and retain the other in
27 his office, to be sent for by the electoral board in case the
28 other should be mislaid. Within 31 20 days after the holding of
29 such election, and sooner if all the returns are received by
30 the State Board of Elections, the State Board of Election,
31 shall proceed to open and canvass said election returns and to
32 declare which set of candidates for President and
33 Vice-President received, as aforesaid, the highest number of

 

 

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1 votes cast at such election as aforesaid; and the electors of
2 that party whose candidates for President and Vice-President
3 received the highest number of votes so cast shall be taken and
4 deemed to be elected as electors of President and
5 Vice-President, but should 2 or more sets of candidates for
6 President and Vice-President be returned with an equal and the
7 highest vote, the State Board of Elections shall cause a notice
8 of the same to be published, which notice shall name some day
9 and place, not less than 5 days from the time of such
10 publication of such notice, upon which the State Board of
11 Elections will decide by lot which of the sets of candidates
12 for President and Vice-President so equal and highest shall be
13 declared to be highest. And upon the day and at the place so
14 appointed in the notice, the board shall so decide by lot and
15 declare which is deemed highest of the sets of candidates for
16 President and Vice-President so equal and highest, thereby
17 determining only that the electors chosen as aforesaid by such
18 candidates' party or group are thereby elected by general
19 ticket to be such electors.
20 (Source: P.A. 84-861.)
 
21     (10 ILCS 5/22-1)   (from Ch. 46, par. 22-1)
22     Sec. 22-1. Abstracts of votes. Within 21 7 days after the
23 close of the election at which candidates for offices
24 hereinafter named in this Section are voted upon, the county
25 clerks of the respective counties, with the assistance of the
26 chairmen of the county central committees of the Republican and
27 Democratic parties of the county, shall open the returns and
28 make abstracts of the votes on a separate sheet for each of the
29 following:
30     A. For Governor and Lieutenant Governor;
31     B. For State officers;
32     C. For presidential electors;
33     D. For United States Senators and Representatives to

 

 

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1 Congress;
2     E. For judges of the Supreme Court;
3     F. For judges of the Appellate Court;
4     G. For judges of the circuit court;
5     H. For Senators and Representatives to the General
6 Assembly;
7     I. For State's Attorneys elected from 2 or more counties;
8     J. For amendments to the Constitution, and for other
9 propositions submitted to the electors of the entire State;
10     K. For county officers and for propositions submitted to
11 the electors of the county only;
12     L. For Regional Superintendent of Schools;
13     M. For trustees of Sanitary Districts; and
14     N. For Trustee of a Regional Board of School Trustees.
15     Multiple originals of each of the sheets shall be prepared
16 and one of each shall be turned over to the chairman of the
17 county central committee of each of the then existing
18 established political parties, as defined in Section 10-2, or
19 his duly authorized representative immediately after the
20 completion of the entries on the sheets and before the totals
21 have been compiled.
22     The foregoing abstracts shall be preserved by the county
23 clerk in his office.
24     Whenever any county chairman is also county clerk or
25 whenever any county chairman is unable to serve as a member of
26 such canvassing board the vice-chairman or secretary of his
27 county central committee, in that order, shall serve in his
28 place as member of such canvassing board; provided, that if
29 none of these persons is able to serve, the county chairman may
30 appoint a member of his county central committee to serve as a
31 member of such canvassing board.
32     The powers and duties of the county canvassing board are
33 limited to those specified in this Section. In no event shall
34 such canvassing board open any package in which the ballots

 

 

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1 have been wrapped or any envelope containing "defective" or
2 "objected to" ballots, or in any manner undertake to examine
3 the ballots used in the election, except as provided in Section
4 22-9.1 or when directed by a court in an election contest. Nor
5 shall such canvassing board call in the precinct judges of
6 election or any other persons to open or recount the ballots.
7 (Source: P.A. 89-5, eff. 1-1-96.)
 
8     (10 ILCS 5/22-3)  (from Ch. 46, par. 22-3)
9     Sec. 22-3. When two (2) or more persons receive an equal
10 and the highest number of votes for an office to be filled by
11 the county alone, the county clerk shall issue a notice to such
12 persons of such tie vote, and require them to appear at his
13 office, on a day named in the notice, no later than 21 days
14 following an election within ten (10) days from the day of
15 election, and determine by lot which of them is to be declared
16 elected.
17 (Source: Laws 1943, vol. 2, p. 1.)
 
18     (10 ILCS 5/22-7)   (from Ch. 46, par. 22-7)
19     Sec. 22-7. Canvass of votes; declaration and proclamation
20 of result. The State Board of Elections, shall proceed within
21 31 20 days after the election, and sooner if all the returns
22 are received, to canvass the votes given for United States
23 Senators and Representatives to Congress, State executive
24 officers, judges of the Supreme Court, judges of the Appellate
25 Court, judges of the Circuit Court, Senators, Representatives
26 to the General Assembly, State's Attorneys and Regional
27 Superintendents of Schools elected from 2 or more counties,
28 respectively, and the persons having the highest number of
29 votes for the respective offices shall be declared duly
30 elected, but if it appears that more than the number of persons
31 to be elected have the highest and an equal number of votes for
32 the same office, the electoral board shall decide by lot which

 

 

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1 of such persons shall be elected; and to each person duly
2 elected, the Governor shall give a certificate of election or
3 commission, as the case may require, and shall cause
4 proclamation to be made of the result of the canvass, and they
5 shall at the same time and in the same manner, canvass the vote
6 cast upon amendments to the Constitution, and upon other
7 propositions submitted to the electors of the entire State; and
8 the Governor shall cause to be made such proclamation of the
9 result of the canvass as the statutes elsewhere provide. The
10 State Board of Elections shall transmit to the State
11 Comptroller a list of the persons elected to the various
12 offices. The State Board of Elections shall also transmit to
13 the Supreme Court the names of persons elected to judgeships in
14 adversary elections and the names of judges who fail to win
15 retention in office.
16 (Source: P.A. 89-5, eff. 1-1-96.)
 
17     (10 ILCS 5/22-8)   (from Ch. 46, par. 22-8)
18     Sec. 22-8. In municipalities operating under Article 6 of
19 this Act, within 21 7 days after the close of such election, a
20 judge of the circuit court, with the assistance of the city
21 attorney and the board of election commissioners, who are
22 hereby declared a canvassing board for such city, shall open
23 all returns left respectively, with the election
24 commissioners, the county clerk, and city comptroller, and
25 shall make abstracts or statements of the votes in the
26 following manner, as the case may require, viz: All votes for
27 Governor and Lieutenant Governor on one sheet; all votes for
28 other State officers on another sheet; all votes for
29 presidential electors on another sheet; all votes for United
30 States Senators and Representatives to Congress on another
31 sheet; all votes for judges of the Supreme Court on another
32 sheet; all votes for judges of the Appellate Court on another
33 sheet; all votes for Judges of the Circuit Court on another

 

 

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1 sheet; all votes for Senators and Representatives to the
2 General Assembly on another sheet; all votes for State's
3 Attorneys where elected from 2 or more counties on another
4 sheet; all votes for County Officers on another sheet; all
5 votes for City Officers on another sheet; all votes for Town
6 Officers on another sheet; and all votes for any other office
7 on a separate and appropriate sheet; all votes for any
8 proposition, which may be submitted to a vote of the people, on
9 another sheet, and all votes against any proposition, submitted
10 to a vote of the people, on another sheet.
11     Multiple originals of each of the sheets shall be prepared
12 and one of each shall be turned over to the chairman of the
13 county central committee of each of the then existing
14 established political parties, as defined in Section 10-2, or
15 his duly authorized representative immediately after the
16 completion of the entries on the sheets and before the totals
17 have been compiled.
18 (Source: P.A. 77-2626.)
 
19     (10 ILCS 5/22-9)  (from Ch. 46, par. 22-9)
20     Sec. 22-9. It shall be the duty of such Board of Canvassers
21 to canvass, and add up and declare the result of every election
22 hereafter held within the boundaries of such city, village or
23 incorporated town, operating under Article 6 of this Act, and
24 the judge of the circuit court shall thereupon enter of record
25 such abstract and result, and a certified copy of such record
26 shall thereupon be filed with the County Clerk of the county;
27 and such abstracts or results shall be treated, by the County
28 Clerk in all respects, as if made by the Canvassing Board now
29 provided by the foregoing sections of this law, and he shall
30 transmit the same to the State Board of Elections, or other
31 proper officer, as required hereinabove. The county clerk or
32 board of election commissioners, as the case may be, shall (i)
33 send the abstract and result in a sealed envelope addressed to

 

 

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1 the State Board of Elections via overnight mail so it arrives
2 at the address the following calendar day or (ii) transmit an
3 electronic version of the abstract and results to the State
4 Board of Elections, but only if the county clerk or board of
5 election commissioners receives verification the same day that
6 the electronic version was received by the State Board and only
7 if the county clerk or board of election commissioners sends
8 the abstract and results to the State Board by United States
9 mail. And such abstracts or results so entered and declared by
10 such judge, and a certified copy thereof, shall be treated
11 everywhere within the state, and by all public officers, with
12 the same binding force and effect as the abstract of votes now
13 authorized by the foregoing provisions of this Act.
14 (Source: P.A. 93-574, eff. 8-21-03.)
 
15     (10 ILCS 5/22-17)   (from Ch. 46, par. 22-17)
16     Sec. 22-17. (a) Except as provided in subsection (b), the
17 canvass of votes cast at the nonpartisan and consolidated
18 elections shall be conducted by the following canvassing boards
19 within 21 7 days after the close of such elections:
20         1. For city offices, by the mayor, the city attorney
21     and the city clerk.
22         2. For village and incorporated town offices, by the
23     president of the board of trustees, one member of the board
24     of trustees, and the village or incorporated town clerk.
25         3. For township offices, by the township supervisor,
26     the eligible town trustee elected in the township who has
27     the longest term of continuous service as town trustee, and
28     the township clerk.
29         4. For road district offices, by the highway
30     commissioner and the road district clerk.
31         5. For school district or community college district
32     offices, by the school or community college district board.
33         6. For special district elected offices, by the board

 

 

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1     of the special district.
2         7. For multi-county educational service region
3     offices, by the regional board of school trustees.
4         8. For township trustee of schools or land
5     commissioner, by the township trustees of schools or land
6     commissioners.
7         9. For park district offices, by the president of the
8     park board, one member of the board of park commissioners
9     and the secretary of the park district.
10         10. For multi-township assessment districts, by the
11     chairman, clerk, and assessor of the multi-township
12     assessment district.
13     (b) The city canvassing board provided in Section 22-8
14 shall canvass the votes cast at the nonpartisan and
15 consolidated elections for offices of any political
16 subdivision entirely within the jurisdiction of a municipal
17 board of election commissioners.
18     (c) The canvass of votes cast upon any public questions
19 submitted to the voters of any political subdivision, or any
20 precinct or combination of precincts within a political
21 subdivision, at any regular election or at any emergency
22 referendum election, including votes cast by voters outside of
23 the political subdivision where the question is for annexation
24 thereto, shall be canvassed by the same board provided for in
25 this Section for the canvass of votes of the officers of such
26 political subdivision. However, referenda conducted throughout
27 a county and referenda of sanitary districts whose officers are
28 elected at general elections shall be canvassed by the county
29 canvassing board. The votes cast on a public question for the
30 formation of a political subdivision shall be canvassed by the
31 circuit court that ordered the question submitted, or by such
32 officers of the court as may be appointed for such purpose,
33 except where in the formation or reorganization of a school
34 district or districts the regional superintendent of schools is

 

 

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1 designated by law as the canvassing official.
2     (d) The canvass of votes for offices of political
3 subdivisions cast at special elections to fill vacancies held
4 on the day of any regular election shall be conducted by the
5 canvassing board which is responsible for canvassing the votes
6 at the regularly scheduled election for such office.
7 (Source: P.A. 87-738; 87-1052.)
 
8     (10 ILCS 5/23-50 new)
9     Sec. 23-50. Definition of a vote. For the purpose of any
10 recount of votes under this Code, a vote is defined as provided
11 in Sections 7-100, 17-100, 18-100, 24A-22, 24B-9.1, or 24C-10,
12 depending upon the type of voting equipment or system used to
13 cast the vote.
 
14     (10 ILCS 5/24A-22)
15     Sec. 24A-22. Definition of a vote.
16     (a) Notwithstanding any law to the contrary, for the
17 purpose of this Article, a person casts a valid vote on a punch
18 card ballot when:
19         (1) A chad on the card has at least one corner detached
20     from the card;
21         (2) The fibers of paper on at least one edge of the
22     chad are broken in a way that permits unimpeded light to be
23     seen through the card; or
24         (3) An indentation on the chad from the stylus or other
25     object is present and indicates a clearly ascertainable
26     intent of the voter to vote based on the totality of the
27     circumstances, including but not limited to any pattern or
28     frequency of indentations on other ballot positions from
29     the same ballot card.
30     (b) Write-in votes shall be counted in a manner consistent
31 with the existing provisions of this Code.
32     (c) For purposes of this Section, a "chad" is that portion

 

 

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1 of a ballot card that a voter punches or perforates with a
2 stylus or other designated marking device to manifest his or
3 her vote for a particular ballot position on a ballot card as
4 defined in subsection (a). Chads shall be removed from ballot
5 cards prior to their processing and tabulation in election
6 jurisdictions that utilize a ballot card as a means of
7 recording votes at an election. Election jurisdictions that
8 utilize a mechanical means or device for chad removal as a
9 component of their tabulation shall use that means or device
10 for chad removal.
11     (d) Prior to the original counting of any punch card
12 ballots, an election judge may not alter a punch card ballot in
13 any manner, including, but not limited to, the removal or
14 manipulation of chads.
15 (Source: P.A. 93-574, eff. 8-21-03.)
 
16     (10 ILCS 5/24B-15.1)
17     Sec. 24B-15.1. Discovery, recounts and election contests.
18 Except as provided, discovery recounts and election contests
19 shall be conducted as otherwise provided for in this Code. The
20 automatic Precinct Tabulation Optical Scan Technology
21 tabulating equipment shall be tested prior to the discovery
22 recount or election contest as provided in Section 24B-9, and
23 then the official ballots shall be recounted on the automatic
24 tabulating equipment. In addition, (a) the ballots shall be
25 checked for the presence or absence of judges' initials and
26 other distinguishing marks, and (b) the ballots marked
27 "Rejected", "Defective", "Objected To" and "Absentee Ballot"
28 shall be examined to determine the propriety of the labels, and
29 (c) the "Duplicate Absentee Ballots", "Duplicate Overvoted
30 Ballots" and "Duplicate Damaged Ballots" shall be compared with
31 their respective originals to determine the correctness of the
32 duplicates.
33     Any person who has filed a petition for discovery recount

 

 

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1 may request that a redundant count be conducted in those
2 precincts in which the discovery recount is being conducted.
3 The additional costs of a redundant count shall be borne by the
4 requesting party.
5     The log of the computer operator and all materials retained
6 by the election authority in relation to vote tabulation and
7 canvass shall be made available for any discovery recount or
8 election contest.
9 (Source: P.A. 89-394, eff. 1-1-97.)
10     Section 7. The State Finance Act is amended by adding
11 Section 5.625 and by changing Section 8h as follows:
 
12     (30 ILCS 105/5.625 new)
13     Sec. 5.625. The Voters' Guide Fund.
 
14     (30 ILCS 105/8h)
15     Sec. 8h. Transfers to General Revenue Fund.
16 Notwithstanding any other State law to the contrary, the
17 Director of the Governor's Office of Management and Budget may
18 from time to time direct the State Treasurer and Comptroller to
19 transfer a specified sum from any fund held by the State
20 Treasurer to the General Revenue Fund in order to help defray
21 the State's operating costs for the fiscal year. The total
22 transfer under this Section from any fund in any fiscal year
23 shall not exceed the lesser of 8% of the revenues to be
24 deposited into the fund during that year or 25% of the
25 beginning balance in the fund. No transfer may be made from a
26 fund under this Section that would have the effect of reducing
27 the available balance in the fund to an amount less than the
28 amount remaining unexpended and unreserved from the total
29 appropriation from that fund for that fiscal year. This Section
30 does not apply to any funds that are restricted by federal law
31 to a specific use or to any funds in the Motor Fuel Tax Fund or

 

 

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1 the Hospital Provider Fund or the Voters' Guide Fund.
2 Notwithstanding any other provision of this Section, the total
3 transfer under this Section from the Road Fund or the State
4 Construction Account Fund shall not exceed 5% of the revenues
5 to be deposited into the fund during that year.
6     In determining the available balance in a fund, the
7 Director of the Governor's Office of Management and Budget may
8 include receipts, transfers into the fund, and other resources
9 anticipated to be available in the fund in that fiscal year.
10     The State Treasurer and Comptroller shall transfer the
11 amounts designated under this Section as soon as may be
12 practicable after receiving the direction to transfer from the
13 Director of the Governor's Office of Management and Budget.
14 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04.)
15     Section 10. The Township Code is amended by changing
16 Sections 50-15 and 50-40 as follows:
 
17     (60 ILCS 1/50-15)
18     Sec. 50-15. Time of entering upon duties.
19     (a) In all counties, the township collectors elected at the
20 township election shall enter upon their duties on January 1
21 next following their election and qualification.
22     (b) In all counties, township supervisors and township
23 clerks shall enter upon their duties on the third first Monday
24 of May following their election.
25     (c) Beginning with elections in 1981 in all counties, the
26 township and multi-township assessors shall enter upon their
27 duties on January 1 next following their election.
28 (Source: P.A. 90-210, eff. 7-25-97.)
 
29     (60 ILCS 1/50-40)
30     Sec. 50-40. Township trustees; time of election and terms.
31 Except in townships organized under Article 15, at the regular

 

 

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1 township election provided in the general election law there
2 shall be elected 4 members to serve on the township board. They
3 shall be known as township trustees and shall hold their office
4 for a term of 4 years beginning the third first Monday of May
5 following their election and until their successors are elected
6 and qualified.
7 (Source: P.A. 90-210, eff. 7-25-97.)
8     Section 15. The Illinois Municipal Code is amended by
9 changing Sections 3.1-10-5, 3.1-10-15, 3.1-20-25, 3.1-25-75,
10 5-2-2, 5-2-11, and 5-5-1 as follows:
 
11     (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
12     Sec. 3.1-10-5. Qualifications; elective office.
13     (a) A person is not eligible for an elective municipal
14 office unless that person is a qualified elector of the
15 municipality and has resided in the municipality at least one
16 year next preceding the election.
17     (b) A person is not eligible for an elective municipal
18 office if that person is in arrears in the payment of a tax or
19 other indebtedness due to the municipality or has been
20 convicted in any court located in the United States of any
21 infamous crime, bribery, perjury, or other felony.
22     (c) A person is not eligible for the office of alderman of
23 a ward or trustee of a district unless that person has resided
24 in the ward or district that the person seeks to represent
25 municipality at least one year next preceding the election or
26 appointment, except as provided in subsection (c) of Section
27 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
28 or Section 5-2-11.
29 (Source: P.A. 91-667, eff. 6-1-00.)
 
30     (65 ILCS 5/3.1-10-15)  (from Ch. 24, par. 3.1-10-15)
31     Sec. 3.1-10-15. Commencement of terms. The terms of elected

 

 

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1 municipal officers shall commence at the first regular or
2 special meeting of the corporate authorities during the month
3 of May April following the proclamation of the results of the
4 regular municipal election at which the officers were elected,
5 except as otherwise provided by ordinance fixing the date for
6 inauguration of newly elected officers of a municipality. The
7 ordinance shall not, however, fix the time for inauguration of
8 newly elected officers later than the first regular or special
9 meeting of the corporate authorities in the month of June May
10 following the election.
11 (Source: P.A. 87-1119.)
 
12     (65 ILCS 5/3.1-20-25)  (from Ch. 24, par. 3.1-20-25)
13     Sec. 3.1-20-25. Redistricting a city.
14     (a) In the formation of wards, the number of inhabitants of
15 the city immediately preceding the division of the city into
16 wards shall be as nearly equal in population, and the wards
17 shall be of as compact and contiguous territory, as
18 practicable. Wards shall be created in a manner so that, as far
19 as practicable, no precinct shall be divided between 2 or more
20 wards.
21     (b) Whenever an official census shows that a city contains
22 more or fewer wards than it is entitled to, the city council of
23 the city, by ordinance, shall redistrict the city into as many
24 wards as the city is entitled. This redistricting shall be
25 completed not less than 30 days before the first day set by the
26 general election law for the filing of candidate petitions for
27 the next succeeding election for city officers. At this
28 election there shall be elected the number of aldermen to which
29 the city is entitled, except as provided in subsection (c).
30     (c) If it appears from any official census that a city has
31 the requisite number of inhabitants to authorize it to increase
32 the number of aldermen, the city council shall immediately
33 proceed to redistrict the city and shall hold the next city

 

 

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1 election in accordance with the new redistricting. At this
2 election the aldermen whose terms of office are not expiring
3 shall be considered aldermen for the new wards respectively in
4 which their residences are situated. At this election a
5 candidate for alderman may be elected from any ward that
6 contains a part of the ward in which he or she resided at least
7 one year next preceding the election that follows the
8 redistricting, and, if elected, that person may be reelected
9 from the new ward he or she represents if he or she resides in
10 that ward for at least one year next preceding reelection. If
11 there are 2 or more aldermen with terms of office not expiring
12 and residing in the same ward under the new redistricting, the
13 alderman who holds over for that ward shall be determined by
14 lot in the presence of the city council, in the manner directed
15 by the council, and all other aldermen shall fill their
16 unexpired terms as aldermen-at-large. The aldermen-at-large,
17 if any, shall have the same powers and duties as all other
18 aldermen, but upon the expiration of their terms the offices of
19 aldermen-at-large shall be abolished.
20     (d) If the redistricting results in one or more wards in
21 which no aldermen reside whose terms of office have not
22 expired, 2 aldermen shall be elected in accordance with Section
23 3.1-20-35, unless the city elected only one alderman per ward
24 pursuant to a referendum under subsection (a) of Section
25 3.1-20-20.
26     (e) A redistricting ordinance that has decreased the number
27 of wards of a city because of a decrease in population of the
28 city shall not be effective if, not less than 60 days before
29 the time fixed for the next succeeding general municipal
30 election, an official census is officially published that shows
31 that the city has regained a population that entitles it to the
32 number of wards that it had just before the passage of the last
33 redistricting ordinance.
34 (Source: P.A. 87-1119.)
 

 

 

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1     (65 ILCS 5/3.1-25-75)  (from Ch. 24, par. 3.1-25-75)
2     Sec. 3.1-25-75. Districts; election of trustees.
3     (a) After a village with a population of 5,000 or more
4 adopts the provisions of this Section in the manner prescribed
5 in Section 3.1-25-80, the board of trustees by ordinance shall
6 divide and, whenever necessary thereafter, shall redistrict
7 the village into 6 compact and contiguous districts of
8 approximately equal population as required by law. This
9 redistricting shall be completed not less than 30 days before
10 the first day for the filing of nominating petitions for the
11 next succeeding election of village officers held in accordance
12 with the general election law. (b) Each of the districts shall
13 be represented by one trustee who shall have been an actual
14 resident of the district for at least 6 months immediately
15 before his or her election in the first election after a
16 redistricting. Only the electors of a district shall elect the
17 trustee from that district.
18     (b) In the election following a redistricting, a candidate
19 for trustee may be elected from any district that contains a
20 part of the district in which he or she resided at the time of
21 redistricting, and, if elected, that person may be reelected
22 from the new district he or she represents if he or she resides
23 in that district for one year prior to reelection.
24     (c) The provisions of this Code relating to terms of office
25 of aldermen in cities shall also apply to the terms of office
26 of trustees under this Section.
27 (Source: P.A. 87-1119.)
 
28     (65 ILCS 5/5-2-2)  (from Ch. 24, par. 5-2-2)
29     Sec. 5-2-2. Except as otherwise provided in Section 5-2-3,
30 the number of aldermen, when not elected by the minority
31 representation plan, shall be as follows: In cities not
32 exceeding 3,000 inhabitants, 6 aldermen; exceeding 3,000, but

 

 

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1 not exceeding 15,000, 8 aldermen; exceeding 15,000 but not
2 exceeding 20,000, 10 aldermen; exceeding 20,000 but not
3 exceeding 30,000, 14 aldermen; and 2 additional aldermen for
4 every 20,000 inhabitants over 30,000. In all cities of less
5 than 500,000, 20 aldermen shall be the maximum number permitted
6 except as otherwise provided in the case of aldermen-at-large.
7 No redistricting shall be required in order to reduce the
8 number of aldermen heretofore provided for. Two aldermen shall
9 be elected to represent each ward.
10     If it appears from any census specified in Section 5-2-5
11 and taken not earlier than 1940 that any city has the requisite
12 number of inhabitants to authorize it to increase the number of
13 aldermen, the city council shall immediately proceed to
14 redistrict the city in accordance with the provisions of
15 Section 5-2-5, and it shall hold the next city election in
16 accordance with the new redistricting. At this election the
17 aldermen whose terms of office are not expiring shall be
18 considered aldermen for the new wards respectively in which
19 their residences are situated. At this election a candidate for
20 alderman may be elected from any ward that contains a part of
21 the ward in which he or she resided at least one year next
22 preceding the election that follows the redistricting, and, if
23 elected, that person may be reelected from the new ward he or
24 she represents if he or she resides in that ward for at least
25 one year next preceding reelection. If there are 2 or more
26 aldermen with terms of office not expiring and residing in the
27 same ward under the new redistricting, the alderman who holds
28 over for that ward shall be determined by lot in the presence
29 of the city council, in whatever manner the council shall
30 direct and all other aldermen shall fill their unexpired terms
31 as aldermen-at-large. The aldermen-at-large, if any, shall
32 have the same power and duties as all other aldermen but upon
33 expiration of their terms the offices of aldermen-at-large
34 shall be abolished.

 

 

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1     If the re-districting results in one or more wards in which
2 no aldermen reside whose terms of office have not expired, 2
3 aldermen shall be elected in accordance with the provisions of
4 Section 5-2-8.
5 (Source: Laws 1961, p. 576.)
 
6     (65 ILCS 5/5-2-11)  (from Ch. 24, par. 5-2-11)
7     Sec. 5-2-11. In any village which adopts this Article 5,
8 the board of trustees by ordinance shall divide and, whenever
9 necessary thereafter, shall redistrict the village into 6
10 compact and contiguous districts of approximately equal
11 population. Each of the districts shall be represented by one
12 trustee who shall have been an actual resident of the district
13 for at least 6 months prior to his election. Only the electors
14 of a district shall elect the trustee from that district.
15     In the election following a redistricting, a candidate for
16 trustee may be elected from any district that contains a part
17 of the district in which he or she resided at the time of
18 redistricting, and, if elected, that person may be reelected
19 from the new district he or she represents if he or she resides
20 in that district for at least one year next preceding
21 reelection.
22     The provisions of Section 5-2-8 relating to terms of office
23 of aldermen in cities shall also apply to the terms of office
24 of trustees under this section.
25 (Source: Laws 1961, p. 576.)
26     (65 ILCS 5/5-5-1)  (from Ch. 24, par. 5-5-1)
27     Sec. 5-5-1. Petition for abandonment of managerial form;
28 referendum; succeeding elections of officers and aldermen or
29 trustees.
30     (a) A city or village that has operated for 4 years or more
31 under the managerial form of municipal government may abandon
32 that organization as provided in this Section. For the purposes

 

 

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1 of this Article, the operation of the managerial form of
2 municipal government shall be deemed to begin on the date of
3 the appointment of the first manager in the city or village.
4 When a petition for abandonment signed by electors of the
5 municipality equal in number to at least 10% of the number of
6 votes cast for candidates for mayor at the preceding general
7 quadrennial municipal election is filed with the circuit court
8 for the county in which that city or village is located, the
9 court shall set a date not less than 10 nor more than 30 days
10 thereafter for a hearing on the sufficiency of the petition.
11 Notice of the filing of the petition and of the date of the
12 hearing shall be given in writing to the city or village clerk
13 and to the mayor or village president at least 7 days before
14 the date of the hearing. If the petition is found sufficient,
15 the court shall enter an order directing that the proposition
16 be submitted at an election other than a primary election for
17 the municipality. The clerk of the court shall certify the
18 proposition to the proper election authorities for submission.
19 The proposition shall be in substantially the following form:
20         Shall (name of city or village) retain the managerial
21     form of municipal government?
22     (b) If the majority of the votes at the election are "yes",
23 then the proposition to abandon is rejected and the
24 municipality shall continue operating under this Article 5. If
25 the majority of the votes are "no", then the proposition to
26 abandon operation under this Article 5 is approved.
27     (c) If the proposition for abandonment is approved, the
28 city or village shall become subject to Article 3.1 or Article
29 4, whichever Article was in force in the city or village
30 immediately before the adoption of the plan authorized by this
31 Article 5, upon the election and qualification of officers to
32 be elected at the next succeeding general municipal election.
33 Those officers shall be those prescribed by Article 3.1 or
34 Article 4, as the case may be, but the change shall not in any

 

 

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1 manner or degree affect the property rights or liabilities of
2 the city or village. The mayor, clerk, and treasurer and all
3 other elected officers of a city or village in office at the
4 time the proposition for abandonment is approved shall continue
5 in office until the expiration of the term for which they were
6 elected.
7     (d) If a city or village operating under this Article 5 has
8 aldermen or trustees elected from wards or districts and a
9 proposition to abandon operation under this Article 5 is
10 approved, then the officers to be elected at the next
11 succeeding general municipal election shall be elected from the
12 same wards or districts as exist immediately before the
13 abandonment.
14     (e) If a city or village operating under this Article 5 has
15 a council or village board elected from the municipality at
16 large and a proposition to abandon operation under this Article
17 5 is approved, then the first group of aldermen, board of
18 trustees, or commissioners so elected shall be of the same
19 number as was provided for in the municipality at the time of
20 the adoption of a plan under this Article 5, with the same ward
21 or district boundaries in cities or villages that immediately
22 before the adoption of this Article 5 had wards or districts,
23 unless the municipal boundaries have been changed. If there has
24 been such a change, the council or village board shall so alter
25 the former ward or district boundaries so as to conform as
26 nearly as possible to the former division. If the plan
27 authorized by this Article 5 is abandoned, the next general
28 municipal election for officers shall be held at the time
29 specified in Section 3.1-10-75 or 3.1-25-15 for that election.
30 The aldermen or trustees elected at that election shall, if the
31 city or village was operating under Article 3 at the time of
32 adoption of this Article 5 and had at that time staggered 4
33 year terms of office for the aldermen or trustees, choose by
34 lot which shall serve initial 2 year terms as provided by

 

 

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1 Section 3.1-20-35 or 3.1-15-5, whichever may be applicable, in
2 the case of election of those officers at the first election
3 after a municipality is incorporated.
4     (f) The proposition to abandon the managerial form of
5 municipal government shall not be submitted in any city or
6 village oftener than once in 12 46 months.
7 (Source: P.A. 87-1119.)
8     Section 20. The Revised Cities and Villages Act of 1941 is
9 amended by changing Sections 21-5, 21-12, 21-14, 21-22, and
10 21-28 as follows:
 
11     (65 ILCS 20/21-5)  (from Ch. 24, par. 21-5)
12     Sec. 21-5. Mayor; Term of office.
13     (a) The mayor of the city of Chicago shall be elected in
14 1943 and quadrennially thereafter in a nonpartisan election.
15 The candidate receiving a majority of the votes cast for mayor
16 at the consolidated primary election shall be declared mayor.
17 If no candidate receives a majority of the votes, a runoff
18 election shall be held at the consolidated election, when only
19 the names of the candidates receiving the highest and second
20 highest number of votes at the consolidated primary election
21 shall appear on the ballot. If more than one candidate received
22 the highest or second highest number of votes at the
23 consolidated primary election, the names of all candidates
24 receiving the highest and second highest number of votes shall
25 appear on the ballot at the consolidated election. The
26 candidate receiving the highest number of votes at the
27 consolidated election shall be declared elected.
28     (b) The mayor shall hold his or her office for 4 years
29 beginning at noon on the third first Monday in May following
30 his or her election, and until his or her successor is elected
31 and qualified.
32 (Source: P.A. 91-667, eff. 6-1-00.)
 

 

 

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1     (65 ILCS 20/21-12)  (from Ch. 24, par. 21-12)
2     Sec. 21-12. City clerk and city treasurer; Election;
3 Tenure. At the time of election of the mayor there shall be
4 elected also a city clerk and a city treasurer. The candidates
5 receiving a majority of the votes cast for clerk and treasurer
6 at the consolidated primary election shall be declared the
7 clerk and treasurer. If no candidate receives a majority of the
8 votes for one of the offices, a runoff election shall be held
9 at the consolidated election, when only the names of the
10 candidates receiving the highest and second highest number of
11 votes for that office at the consolidated primary election
12 shall appear on the ballot. If more than one candidate received
13 the highest or second highest number of votes for one of the
14 offices at the consolidated primary election, the names of all
15 candidates receiving the highest and second highest number of
16 votes for that office shall appear on the ballot at the
17 consolidated election. The candidate receiving the highest
18 number of votes at the consolidated election shall be declared
19 elected.
20     The clerk and treasurer each shall hold office for a term
21 of 4 years beginning at noon on the third first Monday in May
22 following the election and until a successor is elected and
23 qualified. No person, however, shall be elected to the office
24 of city treasurer for 2 terms in succession.
25 (Source: P.A. 91-667, eff. 6-1-00.)
 
26     (65 ILCS 20/21-14)  (from Ch. 24, par. 21-14)
27     Sec. 21-14. Member residency before election; member not to
28 hold other office.
29     (a) No member may be elected or appointed to the city
30 council after the effective date of this amendatory Act of the
31 93rd 91st General Assembly unless he or she has resided in the
32 ward he or she seeks to represent at least one year next

 

 

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1 preceding 2 years before the date of the election or
2 appointment. In the election following redistricting, a
3 candidate for alderman may be elected from any ward containing
4 a part of the ward in which he or she resided for at least one
5 year next preceding the 2 years before the election that
6 follows the redistricting, and, if elected, that person may be
7 reelected from the new ward he or she represents if he or she
8 resides in that ward for at least one year next preceding 18
9 months before the reelection.
10     (b) No member of the city council shall at the same time
11 hold any other civil service office under the federal, state or
12 city government, except if such member is granted a leave of
13 absence from such civil service office, or except in the
14 National Guard, or as a notary public, and except such honorary
15 offices as go by appointment without compensation.
16 (Source: P.A. 91-358, eff. 7-29-99.)
 
17     (65 ILCS 20/21-22)  (from Ch. 24, par. 21-22)
18     Sec. 21-22. General election for aldermen; vacancies.
19     (a) A general election for aldermen shall be held in the
20 year 1943 and every 4 years thereafter, at which one alderman
21 shall be elected from each of the 50 wards provided for by this
22 Article. The aldermen elected shall serve for a term of 4 years
23 beginning at noon on the third first Monday in May following
24 the election of city officers, and until their successors are
25 elected and have qualified. All elections for aldermen shall be
26 in accordance with the provisions of law in force and operative
27 in the City of Chicago for such elections at the time the
28 elections are held.
29     (b) Vacancies occurring in the office of alderman shall be
30 filled in the manner prescribed for filling vacancies in
31 Section 3.1-10-50 of the Illinois Municipal Code. An
32 appointment to fill a vacancy shall be made within 60 days
33 after the vacancy occurs. The requirement that an appointment

 

 

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1 be made within 60 days is an exclusive power and function of
2 the State and is a denial and limitation under Article VII,
3 Section 6, subsection (h) of the Illinois Constitution of the
4 power of a home rule municipality to require that an
5 appointment be made within a different period after the vacancy
6 occurs.
7 (Source: P.A. 91-667, eff. 6-1-00.)
 
8     (65 ILCS 20/21-28)  (from Ch. 24, par. 21-28)
9     Sec. 21-28. Nomination by petition.
10     (a) All nominations for alderman of any ward in the city
11 shall be by petition. All petitions for nominations of
12 candidates shall be signed by such a number of legal voters of
13 the ward as will aggregate not less than two per cent of all
14 the votes cast for alderman in such ward at the last preceding
15 general election. For the election following the redistricting
16 of wards petitions for nominations of candidates shall be
17 signed by the number of legal voters of the ward as will
18 aggregate not less than 2% of the total number of votes cast
19 for mayor at the last preceding municipal election divided by
20 the number of wards.
21     (b) All nominations for mayor, city clerk, and city
22 treasurer in the city shall be by petition. Each petition for
23 nomination of a candidate must be signed by at least 12,500
24 legal voters of the city.
25     (c) All such petitions, and procedure with respect thereto,
26 shall conform in other respects to the provisions of the
27 election and ballot laws then in force in the city of Chicago
28 concerning the nomination of independent candidates for public
29 office by petition. The method of nomination herein provided is
30 exclusive of and replaces all other methods heretofore provided
31 by law.
32 (Source: P.A. 81-1535.)
1     Section 25. The Fire Protection District Act is amended by
2 changing Section 4a as follows:
 
3     (70 ILCS 705/4a)  (from Ch. 127 1/2, par. 24.1)
4     Sec. 4a. Any fire protection district organized under this
5 Act may determine, in either manner provided in the following
6 items (1) and (2) of this Section, to have an elected, rather
7 than an appointed, board of trustees.
8         (1) If the district lies wholly within a single
9     township but does not also lie wholly within a
10     municipality, the township board of trustees may
11     determine, by ordinance, to have an elected board of
12     trustees.
13         (2) Upon presentation to the board of trustees of a
14     petition, signed by not less than 10% of the electors of
15     the district, requesting that a proposition for the
16     election of trustees be submitted to the electors of the
17     district, the secretary of the board of trustees shall
18     certify the proposition to the appropriate election
19     authorities who shall submit the proposition at a regular
20     election in accordance with the general election law. The
21     general election law shall apply to and govern such
22     election. The proposition shall be in substantially the
23     following form:
24 -------------------------------------------------------------
25         Shall the trustees of......       YES
26         Fire Protection District be     -------------------------
27         elected, rather than appointed?   NO
28 -------------------------------------------------------------
29         If a majority of the votes cast on such proposition are
30     in the affirmative, the trustees of the district shall
31     thereafter be elected as provided by this Section.
32     At the next regular election for trustees as provided by
33 the general election law, a district that has approved by

 

 

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1 ordinance or referendum to have its trustees elected rather
2 than appointed shall elect 3, 5, or 7 trustees, as previously
3 determined by the organization of the district or as increased
4 under Section 4.01 or 4.02. The initial elected trustees shall
5 be elected for 2, 4, and 6 year terms. In a district with 3
6 trustees, one trustee shall be elected for a term of 2 years,
7 one for a term of 4 years, and one for a term of 6 years. In a
8 district with 5 trustees, 2 shall be elected for terms of 2
9 years, 2 for terms of 4 years, and one for a term of 6 years. In
10 a district with 7 trustees, 3 shall be elected for terms of 2
11 years, 2 for terms of 4 years, and 2 for terms of 6 years.
12 Except as otherwise provided in Section 2A-54 of the Election
13 Code, the term of each elected trustee shall commence on the
14 third first Monday of the month following the month of his
15 election and until his successor is elected and qualified. The
16 length of the terms of the trustees first elected shall be
17 determined by lot at their first meeting. Except as otherwise
18 provided in Section 2A-54 of the Election Code, thereafter,
19 each trustee shall be elected to serve for a term of 6 years
20 commencing on the third first Monday of the month following the
21 month of his election and until his successor is elected and
22 qualified.
23     No party designation shall appear on the ballot for
24 election of trustees. The provisions of the general election
25 law shall apply to and govern the nomination and election of
26 trustees.
27     The provisions of Section 4 relating to eligibility, powers
28 and disabilities of trustees shall apply equally to elected
29 trustees.
30     Whenever a fire protection district determines to elect
31 trustees as provided in this Section, the trustees appointed
32 pursuant to Section 4 shall continue to constitute the board of
33 trustees until the third first Monday of the month following
34 the month of the first election of trustees. If the term of

 

 

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1 office of any appointed trustees expires before the first
2 election of trustees, the authority which appointed that
3 trustee under Section 4 of this Act shall appoint a successor
4 to serve until a successor is elected and has qualified. The
5 terms of all appointed trustees in such district shall expire
6 on the third first Monday of the month following the month of
7 the first election of trustees under this Section or when
8 successors have been elected and have qualified, whichever
9 occurs later.
10 (Source: P.A. 90-358, eff. 1-1-98.)
11     Section 30. The Downstate Forest Preserve District Act is
12 amended by changing Section 3.5 as follows:
 
13     (70 ILCS 805/3.5)
14     Sec. 3.5. Elected board of commissioners.
15     (a) In counties with a population more than 30,000 but less
16 than 90,000, in each forest preserve district organized after
17 the effective date of this amendatory Act of 1997 or in which,
18 on the effective date of this amendatory Act of 1997, the
19 commissioners of the district are appointed by the presiding
20 officer of the county board under Section 3a, the commissioners
21 shall be elected as provided in this Section, rather than
22 appointed, beginning with the first consolidated election
23 following the effective date of this amendatory Act of 1997.
24 There shall be 5 elected commissioners, elected from the
25 district at large. Each commissioner must be a resident of the
26 district. The terms of all elected commissioners shall commence
27 on the third first Monday of the month following the month of
28 election. No party designation shall appear on the ballot for
29 the election of commissioners. The terms of all commissioners
30 appointed under Section 3a in a district to which this Section
31 applies shall expire on the third first Monday of the month
32 following the month of the first election of commissioners in

 

 

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1 that district under this Section.
2     If before August 20, 1993 (the effective date of Public Act
3 88-443) in a county with a population of 30,000 or less a
4 presiding officer of a county board appointed the commissioners
5 of the forest preserve district and if that presiding officer
6 has, since August 20, 1993, continued to appoint the
7 commissioners of the forest preserve district, then those
8 appointments made after August 20, 1993, if made in compliance
9 with Section 3a, are validated.
10     (b) The initial elected commissioners shall, no later than
11 45 days after taking office, divide themselves publicly by lot
12 as equally as possible into 2 groups. Commissioners or their
13 successors from one group shall be elected for terms of 4
14 years; the initial elected commissioners from the second group
15 shall serve for terms of 2 years, and their successors shall be
16 elected for terms of 4 years.
17     (c) The commissioners shall elect from among their number a
18 president of the board of commissioners.
19     (d) Whenever a vacancy occurs in the office of
20 commissioner, whether by death, resignation, refusal to
21 qualify, no longer residing in the district, or for any other
22 reason, the board of commissioners shall declare that a vacancy
23 exists. The vacancy shall be filled within 60 days by
24 appointment of the president of the board of commissioners,
25 with the advice and consent of the other commissioners. The
26 appointee shall be eligible to serve as commissioner. The
27 appointee shall serve the remainder of the unexpired term. If,
28 however, more than 28 months remain in the term, the
29 appointment shall be until the next consolidated election, at
30 which time the vacated office of commissioner shall be filled
31 by election for the remainder of the term.
32     If a vacancy occurs in the office of president of the board
33 of commissioners, the remaining commissioners shall elect one
34 of their number to serve as president for the balance of the

 

 

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1 unexpired term of the president in whose office the vacancy
2 occurred.
3     (e) Except as otherwise provided in this Section, elected
4 commissioners shall have the same powers and duties, and shall
5 be entitled to the same compensation, as enjoyed by
6 commissioners before the effective date of this amendatory Act
7 of 1993.
8 (Source: P.A. 90-190, eff. 7-24-97.)
9     Section 35. The Public Library District Act of 1991 is
10 amended by changing Sections 30-10 and 30-40 as follows:
 
11     (75 ILCS 16/30-10)
12     Sec. 30-10. Election and terms of trustees.
13     (a) Trustees shall be elected every 2 years at the regular
14 election scheduled for trustees of public library districts
15 under the Election Code for 6-year terms. Seven trustees shall
16 constitute a board.
17     (b) The trustees' terms shall be staggered. After the first
18 election, the trustees shall determine, by lot, 2 trustees to
19 serve for terms of 2 years, 2 trustees to serve for terms of 4
20 years, and 3 trustees to serve for terms of 6 years. The terms
21 of all trustees shall begin on the third 1st Monday of the
22 month next following the month of the election.
23     (c) At each election of trustees after the first election,
24 the trustees elected to succeed those whose terms have expired
25 shall hold office for the full term of 6 years from the third
26 1st Monday of the month next following the election and until
27 their respective successors are elected and qualified.
28     (d) A district may provide by resolution of the board that
29 the term of its trustees shall be 4 years. If the board adopts
30 such a resolution, then if 3 trustees are to be elected at the
31 next election or if 2 trustees are to be elected at each of the
32 next 2 elections, one of the trustees elected at the next

 

 

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1 election (to be determined by lot at the first meeting after
2 that election) shall serve a 2 year term.
3 (Source: P.A. 87-1277.)
 
4     (75 ILCS 16/30-40)
5     Sec. 30-40. Organization of board; qualification and oath
6 of trustees.
7     (a) Within 74 60 days after their election or appointment,
8 the incumbent and new trustees shall take their oath of office
9 as prescribed by law and meet to organize the board.
10     (b) The first action taken at the meeting shall be the
11 election of a president, a vice-president, a secretary, and a
12 treasurer from among the trustees. The secretary shall then
13 record the membership of the board.
14     (c) Trustees duly elected or appointed as certified by the
15 appropriate election authority or appointing authority shall
16 be qualified to serve as trustees under this Act. The required
17 oath shall be taken and subscribed before a notary public or
18 the secretary of the board.
19     (d) Within 60 days after the organization of the board, the
20 secretary shall file, with the county clerk of the county
21 containing all or a larger portion of the district and with the
22 Illinois State Librarian, a statement listing the names and
23 addresses of the trustees and officers and their respective
24 terms in office. The secretary shall report a vacancy on the
25 board to the county clerk and the State Librarian within 60
26 days after it occurs and shall report the filling of a vacancy
27 within 60 days after it is filled.
28     (e) The first officers shall serve until the next regular
29 election of trustees. Thereafter, officers shall serve for
30 terms set by ordinance but not to exceed 2 years, ending on the
31 third first Monday of the month following each regular election
32 or until their successors are duly elected by the board. A
33 vacancy in any office shall be filled by the board for the

 

 

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1 unexpired term.
2 (Source: P.A. 87-1277.)
3     Section 40. The School Code is amended by changing Sections
4 5-14, 6-17, 10-5, and 10-16 as follows:
 
5     (105 ILCS 5/5-14)  (from Ch. 122, par. 5-14)
6     Sec. 5-14. Term of office of successors - Vacancies.
7 Successors to the trustees whose terms of office expire at the
8 time prescribed in Section 5-13, and their successors, shall
9 hold their offices for 6 years and until their respective
10 successors are elected and qualified. Trustees of schools shall
11 enter upon the duties of their office on the third first Monday
12 of the month following their election.
13     Whenever a vacancy occurs, the remaining trustees shall
14 fill the vacancy until the next regular school election, at
15 which election a successor shall be elected to serve the
16 remainder of the unexpired term. However, if the vacancy occurs
17 with less than 28 months remaining in the term, or if the
18 vacancy occurs less than 88 days before the next regularly
19 scheduled election for this office then the person so appointed
20 shall serve the remainder of the unexpired term, and no
21 election to fill the vacancy shall be held. The successor shall
22 have the same residential qualifications as his predecessor.
23 Should they fail so to act, within 30 days after the vacancy
24 occurs, the regional superintendent of the region in which the
25 township lies, or if the township is divided by a county line
26 or lines, the regional superintendent of the region in which a
27 majority of the children, who reside in districts subject to
28 the jurisdiction of the trustees of schools of such township,
29 attend school, shall within 15 days after the remaining
30 trustees have failed to fill the vacancy, fill the vacancy as
31 provided for herein. The successor shall have the same type of
32 residential qualifications as his predecessor.

 

 

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1 (Source: P.A. 86-1441.)
 
2     (105 ILCS 5/6-17)  (from Ch. 122, par. 6-17)
3     Sec. 6-17. Election of president - Terms of members. Except
4 as otherwise provided in Section 2A-54 of the Election Code, on
5 the third first Monday in May, following the first election, or
6 if such day is a holiday then the next day, the regional
7 superintendent of schools who shall be the ex-officio secretary
8 of the board shall convene the newly elected regional board of
9 school trustees for the purpose of organization. Except as
10 provided in Section 2A-54 of the Election Code, at this meeting
11 the members shall elect a president from among their number who
12 shall serve as president for a term of 2 years and shall
13 determine by lot the length of the term of each member so that
14 2 shall serve for a term of 2 years, 2 for 4 years and 3 for 6
15 years from the third first Monday of the month following the
16 date of their election. Except as provided in Section 2A-54 of
17 the Election Code, thereafter members shall be elected to serve
18 for a term of 6 years from the third first Monday of the month
19 following the date of their election or until their successors
20 are elected and qualified.
21     All succeeding meetings for the purpose of organization
22 shall be held on the third first Monday in May following the
23 election; however, in case the third first Monday in May is a
24 holiday the organization meeting shall be held on the next day.
25     If educational service regions are consolidated under
26 Section 3A-3 or 3A-4 of this Act, however, the expiring terms
27 of members of each regional board of school trustees in those
28 regions being consolidated shall be extended so as to terminate
29 on the first Monday of August of the year that consolidation
30 takes effect, as defined in Section 3A-5 of this Act, and, on
31 such day, the Regional Superintendent of the consolidated
32 region shall convene all the members of each regional board of
33 school trustees in the consolidated region, and shall by lot

 

 

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1 select from among such trustees an interim regional board of
2 school trustees for the consolidated region in accord with the
3 specifications as to membership and residency in Section 6-2.
4 The interim board so selected shall serve until their
5 successors are elected at the succeeding regular election of
6 regional school trustees and have qualified. A single regional
7 board of school trustees shall be elected at such succeeding
8 regular election to take office on the third first Monday of
9 the month following such election. The board elected for the
10 consolidated region shall be convened on such third first
11 Monday of the month following such election for organizational
12 purposes, to elect a president and determine terms for its
13 members by lot as provided in this Section. The respective
14 regional boards of school trustees of educational service
15 regions involved in consolidations under Section 3A-3 or 3A-4
16 shall cease to exist at the time the board elected for the
17 consolidated region is so organized.
18 (Source: P.A. 90-358, eff. 1-1-98.)
 
19     (105 ILCS 5/10-5)  (from Ch. 122, par. 10-5)
20     Sec. 10-5. Organization of board - Report to treasurer and
21 regional superintendent of schools. Within 28 7 days after the
22 regular election of directors, the directors shall meet and
23 organize by appointing one of their number president and
24 another as clerk, except that when directors are elected at the
25 consolidated elections in April of 1999 and April of 2001, the
26 directors shall meet and organize, in the manner provided by
27 this Section, within 7 days after the first Tuesday after the
28 first Monday of November in each of those 2 years. The clerk
29 shall at once report to the treasurer and regional
30 superintendent of schools the names of the president and clerk
31 so appointed. Upon organizing itself as provided in this
32 Section, the board of school directors shall enter upon the
33 discharge of its duties. Terms of members are subject to

 

 

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1 Section 2A-54 of the Election Code, except as otherwise limited
2 by subsection (c) of Section 10-4.
3 (Source: P.A. 90-358, eff. 1-1-98; 90-637, eff. 7-24-98;
4 90-757, eff. 8-14-98; 91-357, eff. 7-29-99.)
 
5     (105 ILCS 5/10-16)  (from Ch. 122, par. 10-16)
6     Sec. 10-16. Organization of Board. Within 28 7 days after
7 the consolidated election, other than the consolidated
8 elections in 1999 and 2001, the board shall organize by
9 electing its officers and fixing a time and place for the
10 regular meetings. However, when school board members are
11 elected at the consolidated elections held in April of 1999 and
12 April of 2001, the board shall organize within 7 days after the
13 first Tuesday after the first Monday of November in each such
14 year by electing officers and setting the time and place of the
15 regular meetings. Upon organizing itself as provided in this
16 paragraph, the board shall enter upon the discharge of its
17 duties.
18     The regional superintendent of schools having supervision
19 and control, as provided in Section 3-14.2, of a new school
20 district that is governed by the School Code and formed on or
21 after the effective date of this amendatory Act of 1998 shall
22 convene the newly elected board within 7 days after the
23 election of the board of education of that district, whereupon
24 the board shall proceed to organize by electing one of their
25 number as president and electing a secretary, who may or may
26 not be a member. At such meeting the length of term of each of
27 the members shall be determined by lot so that 4 shall serve
28 for 4 years, and 3 for 2 years from the commencement of their
29 terms; provided, however, if such members were not elected at
30 the consolidated election in an odd-numbered year, such initial
31 terms shall be extended to the consolidated election for school
32 board members immediately following the expiration of the
33 initial 4 or 2 year terms. The provisions of this paragraph

 

 

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1 that relate to the determination of terms by lot shall not
2 apply to the initial members of the board of education of a
3 combined school district who are to be elected to unstaggered
4 terms as provided in subsection (a-5) of Section 11B-7.
5     The terms of the officers of a board of education shall be
6 for 2 years, except that the terms of the officers elected at
7 the organization meeting in November, 2001 shall expire at the
8 organization meeting in April, 2003; provided that the board by
9 resolution may establish a policy for the terms of office to be
10 one year, and provide for the election of officers.
11     Special meetings of the board of education may be called by
12 the president or by any 3 members of the board by giving notice
13 thereof in writing, stating the time, place and purpose of the
14 meeting. Such notice may be served by mail 48 hours before such
15 meeting or by personal service 24 hours before such meeting.
16 Public notice of meetings must also be given as prescribed in
17 Sections 2.02 and 2.03 of the Open Meetings Act, as now or
18 hereafter amended.
19     At each regular and special meeting which is open to the
20 public, members of the public and employees of the district
21 shall be afforded time, subject to reasonable constraints, to
22 comment to or ask questions of the board.
23     The president or district superintendent shall, at each
24 regular board meeting, report any requests made of the district
25 under provisions of The Freedom of Information Act and shall
26 report the status of the district's response.
27 (Source: P.A. 90-459, eff. 8-17-97; 90-637, eff. 7-24-98.)
28     Section 45. The Public Community College Act is amended by
29 changing Section 3-8 as follows:
 
30     (110 ILCS 805/3-8)  (from Ch. 122, par. 103-8)
31     Sec. 3-8. Following each election and canvass, the new
32 board shall hold its organizational meeting on or before the

 

 

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1 28th 14th day after the election, except that in 1999, 2001,
2 and 2003 (except District #522) the board shall organize within
3 14 days after the first Tuesday after the first Monday of
4 November in each of those 3 years. In 2003 in District #522,
5 the new board shall hold its organizational meeting on or
6 before the 14th day after the consolidated election. If the
7 election is the initial election ordered by the regional
8 superintendent, the organizational meeting shall be convened
9 by the regional superintendent, who shall preside over the
10 meeting until the election for chairman, vice chairman and
11 secretary of board is completed. At all other organizational
12 meetings, the chairman of the board, or, in his or her absence,
13 the president of the community college or acting chief
14 executive officer of the college shall convene the new board,
15 and conduct the election for chairman, vice chairman and
16 secretary. The board shall then proceed with its organization
17 under the newly elected board officers, and shall fix a time
18 and place for its regular meetings. It shall than enter upon
19 the discharge of its duties. The terms of board office shall be
20 2 years, except that the board by resolution may establish a
21 policy for the terms of office to be one year, and provide for
22 the election of officers for the remaining one year period.
23 Terms of members are subject to Section 2A-54 of the Election
24 Code.
25     Special meetings of the board may be called by the chairman
26 or by any 3 members of the board by giving notice thereof in
27 writing stating the time, place and purpose of the meeting.
28 Such notice may be served by mail 48 hours before the meeting
29 or by personal service 24 hours before the meeting.
30     At each regular and special meeting which is open to the
31 public, members of the public and employees of the community
32 college district shall be afforded time, subject to reasonable
33 constraints, to comment to or ask questions of the board.
34 (Source: P.A. 92-1, eff. 3-30-01.)
1     Section 50. The Fox Waterway Agency Act is amended by
2 changing Section 5 as follows:
 
3     (615 ILCS 90/5)  (from Ch. 19, par. 1205)
4     Sec. 5. The Agency shall be governed by a Board of
5 Directors, which shall consist of 6 directors and one chairman
6 elected pursuant to this Section.
7     Three directors shall be elected from within the territory
8 of each member county. Any resident of a member county and the
9 territory of the Agency, at least 18 years of age, may become a
10 candidate for election as a director by filing a nominating
11 petition with the State Board of Elections containing the
12 verified signatures of at least 200 of the registered voters of
13 such county who reside within the territory of the Agency. Such
14 petition shall be filed not more than 78 nor less than 71 days
15 prior to the date of election.
16     The chairman shall be elected at large from the territory
17 of the Agency. Any person eligible to become a candidate for
18 election as director may become a candidate for election as
19 chairman by filing a nominating petition with the State Board
20 of Elections containing the verified signatures of at least 200
21 of the registered voters of each member county who reside
22 within the territory of the Agency. Such petition shall be
23 filed not more than 78 nor less than 71 days prior to the date
24 of the election.
25     Within 48 hours following tabulation of provisional
26 ballots 7 days after each consolidated election at which the
27 chairman is elected, the county clerk of each member county
28 shall transmit the returns for the election to the office of
29 chairman to the State Board of Elections. The State Board of
30 Elections shall immediately canvass the returns and proclaim
31 the results thereof and shall issue a certificate of election
32 to the person so elected.

 

 

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1     Beginning in 1985, the directors and chairman shall be
2 elected at the consolidated election and shall serve from the
3 third first Monday in May following their respective elections
4 until their respective successors are elected and qualified.
5 The term of office of a director shall be for 4 years, except
6 that of the directors elected at the consolidated election of
7 1985, 3 shall serve until the first Monday in May 1987 and 3
8 shall serve until the first Monday in May 1989. The term of
9 office of a chairman shall be 4 years.
10     At least 90 days before the consolidated election of 1985
11 the State Board of Elections shall meet to determine by lot
12 which 3 director positions shall be elected for terms to expire
13 on the first Monday in May 1987 and which 3 director positions
14 shall be elected for terms to expire on the first Monday in May
15 1989. At least one director position from each member county
16 shall be elected for a term to expire on the first Monday in
17 May 1987.
18     The county clerks of the member counties shall provide
19 notice of each election for chairman and director in the manner
20 prescribed in Article 12 of The Election Code, with the notice
21 of the elections to be held at the consolidated election of
22 1985 to include a statement as to whether the director is to be
23 elected for a term of 2 years or for a term of 4 years.
24     A chairman shall be elected at the consolidated election of
25 1985 and at each consolidated election every 4 years
26 thereafter. Six directors shall be elected at the consolidated
27 election of 1985. At the consolidated election of 1987, and at
28 each consolidated election every 4 years thereafter, directors
29 shall be elected from the constituencies of the directors who
30 were elected at the consolidated election of 1985 and whose
31 terms expired on the first Monday in May 1987. At the
32 consolidated election of 1989, and at each consolidated
33 election every 4 years thereafter, directors shall be elected
34 from the constituencies of the directors who were elected at

 

 

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1 the consolidated election of 1985 and whose terms expired on
2 the first Monday in May 1989.
3     Vacancies in the office of director or chairman shall be
4 filled by the remaining members of the Board, who shall appoint
5 to fill the vacated office for the remainder of the term of
6 such office an individual who would be eligible for election to
7 such office. If, however, a vacancy occurs in the office of
8 chairman or director with at least 28 months remaining in the
9 term of such office, the office shall be filled for the
10 remainder of the term at the next consolidated election. Until
11 the office is filled by election, the remaining members of the
12 Board shall appoint a qualified person to the office in the
13 manner provided in this Section.
14 (Source: P.A. 84-776.)
15     Section 55. The Illinois Vehicle Code is amended by
16 changing Section 2-105 as follows:
 
17     (625 ILCS 5/2-105)  (from Ch. 95 1/2, par. 2-105)
18     Sec. 2-105. Offices of Secretary of State. The Secretary of
19 State shall maintain offices in the State capital and in such
20 other places in the State as he may deem necessary to properly
21 carry out the powers and duties vested in him.
22     The Secretary of State may construct and equip one or more
23 buildings in the State of Illinois outside of the County of
24 Sangamon as he deems necessary to properly carry out the powers
25 and duties vested in him. The Secretary of State may, on behalf
26 of the State of Illinois, acquire public or private property
27 needed therefor by lease, purchase or eminent domain. The care,
28 custody and control of such sites and buildings constructed
29 thereon shall be vested in the Secretary of State. Expenditures
30 for the construction and equipping of any of such buildings
31 upon premises owned by another public entity shall not be
32 subject to the provisions of any State law requiring that the

 

 

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1 State be vested with absolute fee title to the premises. The
2 exercise of the authority vested in the Secretary of State by
3 this Section is subject to the appropriation of the necessary
4 funds.
5     Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of The
6 Election Code, the Secretary of State shall make driver
7 services facilities available for use as temporary places of
8 registration. Registration within the offices shall be in the
9 most public, orderly and convenient portions thereof, and
10 Section 4-3, 5-3, and 11-4 of The Election Code relative to the
11 attendance of police officers during the conduct of
12 registration shall apply. Registration under this Section
13 shall be made in the manner provided by Sections 4-8, 4-10,
14 5-7, 5-9, 6-34, 6-35, and 6-37 of The Election Code.
15     Within 30 days after the effective date of this amendatory
16 Act of 1990, and no later than November 1 of each even-numbered
17 year thereafter, the Secretary of State, to the extent
18 practicable, shall designate to each election authority in the
19 State a reasonable number of employees at each driver services
20 facility registered to vote within the jurisdiction of such
21 election authority and within adjacent election jurisdictions
22 for appointment as deputy registrars by the election authority
23 located within the election jurisdiction where the employees
24 maintain their residences. Such designation shall be in writing
25 and certified by the Secretary of State.
26     Each person applying at a driver services facility for a
27 driver's license or permit, a corrected driver's license or
28 permit, an Illinois identification card or a corrected Illinois
29 identification card shall be notified that the person may
30 register at such station to vote in the State election
31 jurisdiction in which the station is located or in an election
32 jurisdiction adjacent to the location of the station and may
33 also transfer his voter registration at such station to a
34 different an address in the State election jurisdiction within

 

 

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1 which the station is located or to an address in an adjacent
2 election jurisdiction. Such notification may be made in writing
3 or verbally issued by an employee or the Secretary of State.
4     The Secretary of State shall promulgate such rules as may
5 be necessary for the efficient execution of his duties and the
6 duties of his employees under this amendatory Act of 1990.
7 (Source: P.A. 90-89, eff. 1-1-98.)
8     Section 95. Severability. The provisions of this
9 amendatory Act of the 93rd General Assembly are severable under
10 Section 1.31 of the Statute on Statutes.
11     Section 99. Effective date. This Act takes effect upon
12 becoming law.".