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Rep. Barbara Flynn Currie
Filed: 5/28/2004
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LRB093 02865 JAM 51870 a |
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| AMENDMENT TO SENATE BILL 955
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| AMENDMENT NO. ____ . Amend Senate Bill 955 by replacing the |
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| title with the following: |
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| "AN ACT concerning elections,"; and |
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| by replacing everything after
the enacting clause with the |
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| following:
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| "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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| provided in this Act;
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| (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.
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| (4) Prescribe and require the use of such uniform | 34 |
| forms, notices, and
other supplies not inconsistent with |
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| 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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| examination and copying at a reasonable cost;
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| (12) Supervise the administration of the registration | 3 |
| and election laws
throughout the State;
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| (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),
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| 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 .
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| (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
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| by September 15, 2004.
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| 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.
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| 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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| 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.
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| (Source: P.A. 91-239, eff. 1-1-00.)
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| (10 ILCS 5/1A-16)
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| 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
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| this Code.
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| (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:
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| (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.
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| (2) A schedule of upcoming elections and the deadline | 26 |
| for voter
registration.
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| (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.
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| Any forms described under paragraph (3) must state the | 33 |
| following:
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| 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
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| 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
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| 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.
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| (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:
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| (1) postmarked on or before the day that voter | 20 |
| registration is closed
under
the Election Code;
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| (2) not postmarked, but arrives no later than 5 days | 22 |
| after the close
of registration;
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| (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
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| (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.
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| Upon the receipt of a registration form, the State Board of | 31 |
| Elections shall
mark
the date on which the form was received
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| 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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| 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.
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| (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.
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| (d) Contents of the voter registration form. The State | 9 |
| Board shall create
a voter registration form, which must | 10 |
| contain the following content:
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| (1) Instructions for completing the form.
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| (2) A summary of the qualifications to register to vote | 13 |
| in Illinois.
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| (3) Instructions for mailing in or submitting the form | 15 |
| in person.
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| (4) The phone number for the State Board of Elections | 17 |
| should a person
submitting the form have questions.
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| (5) A box for the person to check that explains one of | 19 |
| 3 reasons for
submitting the form:
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| (a) new registration;
| 21 |
| (b) change of address; or
| 22 |
| (c) change of name.
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| (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.
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| (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.
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| (9) Spaces for the person to fill in his or her mailing |
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| address, city,
state, and zip code if different from his or | 2 |
| her principal place of residence.
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| (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.
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| (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.
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| (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.
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| (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.";
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| (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."
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| (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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| 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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| 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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| 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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| 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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| (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 |
|
|
|
09300SB0955ham004 |
- 14 - |
LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
- 15 - |
LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
- 18 - |
LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
- 19 - |
LRB093 02865 JAM 51870 a |
|
| 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 |
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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 |
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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 |
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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 |
|
|
|
09300SB0955ham004 |
- 33 - |
LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
- 34 - |
LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
- 35 - |
LRB093 02865 JAM 51870 a |
|
| 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:
|
|
|
|
09300SB0955ham004 |
- 36 - |
LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
- 37 - |
LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
- 38 - |
LRB093 02865 JAM 51870 a |
|
| 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)
|
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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.
|
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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
|
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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.
|
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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.
|
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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
|
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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).
| |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 1 | | Name |
Office |
Address |
|
2 | | John Jones |
Governor |
Belvidere, Ill. |
|
3 | | Thomas Smith |
Attorney General |
Oakland, 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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
|
|
34 | | Name |
Address |
Office |
District |
Party |
|
|
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 1 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
|
2 | | |
Belvidere, |
|
|
|
|
3 | | |
Illinois |
|
|
|
|
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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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, |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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.
|
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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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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| 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
|
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
| ................ ..........................................
|
|
|
|
09300SB0955ham004 |
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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
|
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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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| 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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| 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.
|
|
|
|
09300SB0955ham004 |
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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.
|
|
|
|
09300SB0955ham004 |
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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:
|
|
|
|
09300SB0955ham004 |
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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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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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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;
|
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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.
|
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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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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| 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.)
|
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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' |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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.
|
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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LRB093 02865 JAM 51870 a |
|
| 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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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
|
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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
|
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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
|
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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.
|
|
|
|
09300SB0955ham004 |
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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 |
|
|
|
09300SB0955ham004 |
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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.".
|