Sen. Terry Link
Filed: 5/26/2005
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1 | AMENDMENT TO HOUSE BILL 1968
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2 | AMENDMENT NO. ____ . Amend House Bill 1968 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Sections 1A-16, 1A-25, 4-6.2,
4-16, 5-16.2, 5-23, 6-50.2, 6-54, | ||||||
6 | 7-7, 7-8, 7-10, 7-15, 7-34, 7-56, 7-60, 7-61, 8-8, 9-1.4, | ||||||
7 | 9-1.14, 9-3, 9-7.5, 9-9.5, 9-10, 10-9, 12-1, 17-9, 17-15, | ||||||
8 | 17-23, 18-5, 18A-5,
18A-15, 19-2.1, 19-4, 19-10, 20-4, 22-1, | ||||||
9 | 22-5, 22-7, 22-8, 22-9, 22-15, 22-15.1, 22-17, 23-15.1, 24A-10, | ||||||
10 | 24A-10.1, 24A-15.1, 24A-22, 24B-10, 24B-10.1, 24B-15.1, 24C-2, | ||||||
11 | 24C-12, 24C-13, and 24C-15 and by adding Articles 12A and 19A | ||||||
12 | and Sections 1A-17, 1A-18, 4-105, 5-105, 6-105, 7-100, 12A-2, | ||||||
13 | 12A-5, 12A-10, 12A-15, 12A-35, 12A-40, 12A-45, 12A-50, 12A-55, | ||||||
14 | 13-2.5, 14-4.5, 17-100, 18-100, 19A-5, 19A-10, 19A-15, 19A-20, | ||||||
15 | 19A-25, 19A-25.5, 19A-30, 19A-35, 19A-40, 19A-45, 19A-50, | ||||||
16 | 19A-55, 19A-60, 19A-65, 19A-70, 19A-75, and 23-50 as
follows:
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17 | (10 ILCS 5/1A-16)
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18 | Sec. 1A-16. Voter registration information; internet | ||||||
19 | posting; processing
of voter registration forms; content of | ||||||
20 | such forms. Notwithstanding any law to
the contrary, the | ||||||
21 | following provisions shall apply to voter registration under
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22 | this Code.
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23 | (a) Voter registration information; Internet posting of | ||||||
24 | voter registration
form. Within 90 days after the effective |
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1 | date of this amendatory Act of the
93rd
General Assembly, the | ||||||
2 | State Board of Elections shall post on its World Wide Web
site | ||||||
3 | the following information:
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4 | (1) A comprehensive list of the names, addresses, phone | ||||||
5 | numbers, and
websites, if applicable, of all county clerks | ||||||
6 | and boards
of election commissioners in Illinois.
| ||||||
7 | (2) A schedule of upcoming elections and the deadline | ||||||
8 | for voter
registration.
| ||||||
9 | (3) A downloadable, printable voter registration form, | ||||||
10 | in at least English
and in
Spanish versions, that a person | ||||||
11 | may complete and mail or submit to the
State Board of | ||||||
12 | Elections or the appropriate county clerk or
board of | ||||||
13 | election commissioners.
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14 | Any forms described under paragraph (3) must state the | ||||||
15 | following:
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16 | If you do not have a driver's license or social | ||||||
17 | security number, and this
form is submitted by mail, and | ||||||
18 | you have never registered to vote in the
jurisdiction you | ||||||
19 | are now registering in, then you must send, with this
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20 | application, either (i) a copy of a current and valid photo | ||||||
21 | identification, or
(ii) a copy of a current utility bill, | ||||||
22 | bank statement, government check,
paycheck, or other | ||||||
23 | government document that shows the name and address of the
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24 | voter. If you do not provide the information required | ||||||
25 | above, then you will be
required to provide election | ||||||
26 | officials with either (i) or (ii) described above
the first | ||||||
27 | time you vote at a voting place or by absentee ballot.
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28 | (b) Acceptance of registration forms by the State Board of | ||||||
29 | Elections and
county clerks and board of election | ||||||
30 | commissioners. The
State Board of Elections, county clerks, and | ||||||
31 | board of election commissioners
shall accept all completed | ||||||
32 | voter registration forms
described in subsection (a)(3) of this | ||||||
33 | Section and Section 1A-17 that are:
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34 | (1) postmarked on or before the day that voter |
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1 | registration is closed
under
the Election Code;
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2 | (2) not postmarked, but arrives no later than 5 days | ||||||
3 | after the close
of registration;
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4 | (3) submitted in person by a person using the form on | ||||||
5 | or before the
day that voter registration is closed under | ||||||
6 | the Election Code; or
| ||||||
7 | (4) submitted in person by a person who submits one or | ||||||
8 | more forms
on behalf of one or more persons who used the | ||||||
9 | form on or before
the day that voter registration is closed | ||||||
10 | under the Election Code.
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11 | Upon the receipt of a registration form, the State Board of | ||||||
12 | Elections shall
mark
the date on which the form was received
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13 | and send the form via first class mail to the appropriate | ||||||
14 | county clerk or board
of
election commissioners, as the case | ||||||
15 | may be, within 2 business days based upon
the home address of | ||||||
16 | the person submitting the registration form. The county
clerk | ||||||
17 | and board of election commissioners shall accept and process | ||||||
18 | any form
received from the State Board of Elections.
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19 | (c) Processing of registration forms by county clerks and | ||||||
20 | boards of election
commissioners. The county clerk or board of | ||||||
21 | election commissioners shall
promulgate procedures for | ||||||
22 | processing the voter registration form.
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23 | (d) Contents of the voter registration form. The State | ||||||
24 | Board shall create
a voter registration form, which must | ||||||
25 | contain the following content:
| ||||||
26 | (1) Instructions for completing the form.
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27 | (2) A summary of the qualifications to register to vote | ||||||
28 | in Illinois.
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29 | (3) Instructions for mailing in or submitting the form | ||||||
30 | in person.
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31 | (4) The phone number for the State Board of Elections | ||||||
32 | should a person
submitting the form have questions.
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33 | (5) A box for the person to check that explains one of | ||||||
34 | 3 reasons for
submitting the form:
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1 | (a) new registration;
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2 | (b) change of address; or
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3 | (c) change of name.
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4 | (6) a box for the person to check yes or no that asks, | ||||||
5 | "Are you a citizen
of the United States?", a box for the | ||||||
6 | person to check yes or no that asks,
"Will you be 18 years | ||||||
7 | of age on or before election day?", and a statement of
"If | ||||||
8 | you checked 'no' in response to either of these questions, | ||||||
9 | then do not
complete this form.".
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10 | (7) A space for the person to fill in his or her home | ||||||
11 | telephone
number.
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12 | (8) Spaces for the person to fill in his or her first, | ||||||
13 | middle, and last
names, street address (principal place of | ||||||
14 | residence), county, city, state, and
zip code.
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15 | (9) Spaces for the person to fill in his or her mailing | ||||||
16 | address, city,
state, and zip code if different from his or | ||||||
17 | her principal place of residence.
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18 | (10) A space for the person to fill in his or her | ||||||
19 | Illinois driver's
license number if the person has a | ||||||
20 | driver's license.
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21 | (11) A space for a person without a driver's license to | ||||||
22 | fill in the last
four digits of his or her social security | ||||||
23 | number if the person has a social
security number.
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24 | (12) A space for a person without an Illinois driver's | ||||||
25 | license to fill in
his or her identification number from | ||||||
26 | his or her State Identification card
issued by the | ||||||
27 | Secretary of State.
| ||||||
28 | (13) A space for the person to fill the name appearing | ||||||
29 | on his or her last
voter registration, the street address | ||||||
30 | of his or her last registration,
including the city, | ||||||
31 | county, state, and zip code.
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32 | (14) A space where the person swears or affirms the | ||||||
33 | following under
penalty of perjury with his or her | ||||||
34 | signature:
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1 | (a) "I am a citizen of the United States.";
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2 | (b) "I will be at least 18 years old on or before | ||||||
3 | the next election.";
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4 | (c) "I will have lived in the State of Illinois and | ||||||
5 | in my election
precinct at least 30 days as of the date | ||||||
6 | of the next election."; and
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7 | "The information I have provided is true to the | ||||||
8 | best of my knowledge
under penalty of perjury. If I | ||||||
9 | have provided false information, then
than I may be
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10 | fined, imprisoned, or if I am not a U.S. citizen, | ||||||
11 | deported from or refused
entry into the United States."
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12 | (d) Compliance with federal law; rulemaking authority. The | ||||||
13 | voter
registration
form described in this Section shall be | ||||||
14 | consistent with the form prescribed by
the
Federal
Election | ||||||
15 | Commission under the National Voter Registration Act of 1993,
| ||||||
16 | P.L. 103-31, as amended from time to time, and the Help America | ||||||
17 | Vote Act of
2002, P.L. 107-252, in all relevant respects. The | ||||||
18 | State Board of Elections
shall periodically update the form | ||||||
19 | based on changes to federal or State law.
The State Board of | ||||||
20 | Elections shall promulgate any rules necessary for the
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21 | implementation of this Section; provided that the rules
comport | ||||||
22 | with the letter and spirit of the National Voter Registration | ||||||
23 | Act of
1993 and Help America Vote Act of 2002 and maximize the | ||||||
24 | opportunity for a
person to register to vote.
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25 | (e) Forms available in paper form. The State Board of | ||||||
26 | Elections shall make
the voter registration form available in | ||||||
27 | regular paper stock and form in
sufficient quantities for the | ||||||
28 | general public. The State Board of Elections may
provide the | ||||||
29 | voter registration form to the Secretary of State, county
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30 | clerks, boards of election commissioners, designated agencies | ||||||
31 | of the State of
Illinois, and any other person or entity | ||||||
32 | designated to have these forms by the
Election Code in regular | ||||||
33 | paper stock and form or some other format deemed
suitable by | ||||||
34 | the Board. Each county clerk or board of election commissioners |
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1 | has
the authority to design and print its own voter | ||||||
2 | registration form so long as
the form complies with the | ||||||
3 | requirements of this Section. The State Board
of Elections, | ||||||
4 | county clerks, boards of election commissioners, or other
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5 | designated agencies of the State of Illinois required to have | ||||||
6 | these forms under
the Election Code shall provide a member of | ||||||
7 | the public with any reasonable
number of forms
that he or she | ||||||
8 | may request. Nothing in this Section shall permit the State
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9 | Board of
Elections, county clerk, board of election | ||||||
10 | commissioners, or other appropriate
election official who may | ||||||
11 | accept a voter registration form to refuse to accept
a voter | ||||||
12 | registration form because the form is printed on photocopier or | ||||||
13 | regular
paper
stock and form.
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14 | (f) Internet voter registration study. The State Board of | ||||||
15 | Elections shall
investigate the feasibility of offering voter | ||||||
16 | registration on its website and
consider voter registration | ||||||
17 | methods of other states in an effort to maximize
the | ||||||
18 | opportunity for all Illinois citizens to register to vote. The | ||||||
19 | State Board
of Elections shall assemble its findings in a | ||||||
20 | report and submit it to the
General Assembly no later than | ||||||
21 | January 1, 2006. The report shall contain
legislative | ||||||
22 | recommendations to the General Assembly on improving voter
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23 | registration in Illinois.
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24 | (Source: P.A. 93-574, eff. 8-21-03.)
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25 | (10 ILCS 5/1A-17 new)
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26 | Sec. 1A-17. Voter registration outreach. | ||||||
27 | (a) The Secretary of State, the Department of Human | ||||||
28 | Services, the Department of Children and Family Services, the | ||||||
29 | Department of Public Aid, the Department of Employment | ||||||
30 | Security, and each public institution of higher learning in | ||||||
31 | Illinois must make available on its World Wide Web site a | ||||||
32 | downloadable, printable voter registration form that complies | ||||||
33 | with the requirements in subsection (d) of Section 1A-16 for |
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1 | the State Board of Elections' voter registration form. | ||||||
2 | (b) Each public institution of higher learning in Illinois | ||||||
3 | must include voter registration information and a voter | ||||||
4 | registration form supplied by the State Board of Elections | ||||||
5 | under subsection (e) of Section 1A-16 in any mailing of student | ||||||
6 | registration materials to an address located in Illinois. Each | ||||||
7 | public institution of higher learning must provide voter | ||||||
8 | registration information and a voter registration form | ||||||
9 | supplied by the State Board of Elections under subsection (e) | ||||||
10 | of Section 1A-16 to each person with whom the institution | ||||||
11 | conducts in-person student registration. | ||||||
12 | (c) As used in this Section, a public institution of higher | ||||||
13 | learning means a public university, college, or community | ||||||
14 | college in Illinois. | ||||||
15 | (10 ILCS 5/1A-18 new)
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16 | Sec. 1A-18. Voter registration applications; General | ||||||
17 | Assembly district offices. Each member of the General Assembly, | ||||||
18 | and his or her State employees (as defined in Section 1-5 of | ||||||
19 | the State Officials and Employees Ethics Act) authorized by the | ||||||
20 | member, may make available voter registration forms supplied by | ||||||
21 | the State Board of Elections under subsection (e) of Section | ||||||
22 | 1A-16 to the public and may undertake that and other voter | ||||||
23 | registration activities at the member's district office, | ||||||
24 | during regular business hours or otherwise, in a manner | ||||||
25 | determined by the member. | ||||||
26 | (10 ILCS 5/1A-25) | ||||||
27 | Sec. 1A-25. Centralized statewide voter registration list. | ||||||
28 | The centralized statewide voter registration list required by | ||||||
29 | Title III, Subtitle A, Section 303 of the Help America Vote Act | ||||||
30 | of 2002 shall be created and maintained by the State Board of | ||||||
31 | Elections as provided in this Section. | ||||||
32 | (1) The centralized statewide voter registration list |
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1 | shall be compiled from the voter registration data bases of | ||||||
2 | each election authority in this State.
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3 | (2) All new voter registration forms and applications | ||||||
4 | to register to vote , including those reviewed by the | ||||||
5 | Secretary of State at a driver services facility, shall be | ||||||
6 | transmitted only to the appropriate election authority as | ||||||
7 | required by Articles 4, 5, and 6 of this Code and not to | ||||||
8 | the State Board of Elections . The election authority shall | ||||||
9 | process and verify each voter registration form and | ||||||
10 | electronically enter verified registrations on an | ||||||
11 | expedited basis onto the statewide voter registration | ||||||
12 | list. All original registration cards shall remain | ||||||
13 | permanently in the office of the election authority as | ||||||
14 | required by this Code
Sections 4-20, 5-28, and 6-65 .
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15 | (3) The centralized statewide voter registration list | ||||||
16 | shall:
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17 | (i) Be designed to allow election authorities to | ||||||
18 | utilize the registration data on the statewide voter | ||||||
19 | registration list pertinent to voters registered in | ||||||
20 | their election jurisdiction on locally maintained | ||||||
21 | software programs that are unique to each | ||||||
22 | jurisdiction.
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23 | (ii) Allow each election authority to perform | ||||||
24 | essential election management functions, including but | ||||||
25 | not limited to production of voter lists, processing of | ||||||
26 | absentee voters, production of individual, pre-printed | ||||||
27 | applications to vote, administration of election | ||||||
28 | judges, and polling place administration, but shall | ||||||
29 | not prevent any election authority from using | ||||||
30 | information from that election authority's own | ||||||
31 | systems.
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32 | (4) The registration information maintained by each | ||||||
33 | election authority shall at all times be synchronized with | ||||||
34 | that authority's information on the statewide list at least |
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1 | once every 24 hours
on a constant, real-time basis .
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2 | To protect the privacy and confidentiality of voter | ||||||
3 | registration information, the disclosure of any portion of the | ||||||
4 | centralized statewide voter registration list to any person or | ||||||
5 | entity other than to a State or local political committee and | ||||||
6 | other than to a governmental entity for a governmental purpose | ||||||
7 | is specifically prohibited.
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8 | (Source: P.A. 93-1071, eff. 1-18-05 .)
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9 | (10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
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10 | Sec. 4-6.2. (a) The county clerk shall appoint all | ||||||
11 | municipal and township
or road district clerks or their duly | ||||||
12 | authorized deputies as deputy registrars
who may accept the | ||||||
13 | registration of all qualified residents of the State
their
| ||||||
14 | respective municipalities, townships and road districts. A | ||||||
15 | deputy registrar
serving as such by virtue of his status as a | ||||||
16 | municipal clerk, or a duly
authorized deputy of a municipal | ||||||
17 | clerk, of a municipality the territory of
which lies in more | ||||||
18 | than one county may accept the registration of any
qualified | ||||||
19 | resident of the municipality, regardless of which county the
| ||||||
20 | resident, municipal clerk or the duly authorized deputy of the | ||||||
21 | municipal
clerk lives in .
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22 | The county clerk shall appoint all precinct | ||||||
23 | committeepersons in the county
as deputy registrars who may | ||||||
24 | accept the registration of any qualified resident
of the State
| ||||||
25 | county , except during the 27 days preceding an election.
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26 | The election authority shall appoint as deputy registrars a | ||||||
27 | reasonable
number of employees of the Secretary of State | ||||||
28 | located at driver's license
examination stations and | ||||||
29 | designated to the election authority by the
Secretary of State | ||||||
30 | who may accept the registration of any qualified
residents of | ||||||
31 | the State
county at any such driver's license examination | ||||||
32 | stations.
The appointment of employees of the Secretary of | ||||||
33 | State as deputy registrars
shall be made in the manner provided |
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1 | in Section 2-105 of the Illinois
Vehicle Code.
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2 | The county clerk shall appoint each of the following named | ||||||
3 | persons as deputy
registrars upon the written request of such | ||||||
4 | persons:
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5 | 1. The chief librarian, or a qualified person | ||||||
6 | designated by the chief
librarian, of any public library | ||||||
7 | situated within the election jurisdiction,
who may accept | ||||||
8 | the registrations of any qualified resident of the State
| ||||||
9 | county ,
at such library.
| ||||||
10 | 2. The principal, or a qualified person designated by | ||||||
11 | the principal, of
any high school, elementary school, or | ||||||
12 | vocational school situated
within the election | ||||||
13 | jurisdiction, who may accept the registrations of any
| ||||||
14 | qualified resident of the State
county , at such school. The | ||||||
15 | county clerk shall notify
every principal and | ||||||
16 | vice-principal of each high school, elementary school, and
| ||||||
17 | vocational school situated within the election | ||||||
18 | jurisdiction of their
eligibility to serve as deputy | ||||||
19 | registrars and offer training courses for
service as deputy | ||||||
20 | registrars at conveniently located facilities at least 4
| ||||||
21 | months prior to every election.
| ||||||
22 | 3. The president, or a qualified person designated by | ||||||
23 | the president, of
any university, college, community | ||||||
24 | college, academy or other institution of
learning situated | ||||||
25 | within the election jurisdiction, who may accept the
| ||||||
26 | registrations of any resident of the State
county , at such | ||||||
27 | university, college,
community college, academy or | ||||||
28 | institution.
| ||||||
29 | 4. A duly elected or appointed official of a bona fide | ||||||
30 | labor organization,
or a reasonable number of qualified | ||||||
31 | members designated by such official,
who may accept the | ||||||
32 | registrations of any qualified resident of the State
| ||||||
33 | county .
| ||||||
34 | 5. A duly elected or appointed official of a bonafide |
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| |||||||
1 | State civic
organization, as defined and determined by rule | ||||||
2 | of the State Board of
Elections, or qualified members | ||||||
3 | designated by such official, who may accept
the | ||||||
4 | registration of any qualified resident of the State
county .
| ||||||
5 | In determining the number of deputy registrars that shall | ||||||
6 | be appointed,
the county clerk shall consider the | ||||||
7 | population of the jurisdiction, the
size of the | ||||||
8 | organization, the geographic size of the jurisdiction,
| ||||||
9 | convenience for the public, the existing number of deputy | ||||||
10 | registrars in the
jurisdiction and their location, the | ||||||
11 | registration activities of the
organization and the need to | ||||||
12 | appoint deputy registrars to assist and
facilitate the | ||||||
13 | registration of non-English speaking individuals. In no
| ||||||
14 | event shall a county clerk fix an arbitrary number | ||||||
15 | applicable to every
civic organization requesting | ||||||
16 | appointment of its members as deputy
registrars. The State | ||||||
17 | Board of Elections shall by rule provide for
certification | ||||||
18 | of bonafide State civic organizations. Such appointments
| ||||||
19 | shall be made for a period not to exceed 2 years, | ||||||
20 | terminating on the first
business day of the month | ||||||
21 | following the month of the general election, and
shall be | ||||||
22 | valid for all periods of voter registration as provided by | ||||||
23 | this
Code during the terms of such appointments.
| ||||||
24 | 6.
The Director of the Illinois Department of Public | ||||||
25 | Aid, or a
reasonable number of employees designated by the | ||||||
26 | Director and located at
public aid offices, who may accept | ||||||
27 | the registration of any qualified
resident of the county at | ||||||
28 | any such public aid office.
| ||||||
29 | 7.
The Director of the Illinois Department of | ||||||
30 | Employment Security, or a
reasonable number of employees | ||||||
31 | designated by the Director and located at
unemployment | ||||||
32 | offices, who may accept the registration of any qualified
| ||||||
33 | resident of the county at any such unemployment office.
| ||||||
34 | 8. The president of any corporation as defined by the |
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| |||||||
1 | Business
Corporation Act of 1983, or a reasonable number of | ||||||
2 | employees designated by
such president, who may accept the | ||||||
3 | registrations of any qualified resident
of the State
| ||||||
4 | county .
| ||||||
5 | If the request to be appointed as deputy registrar is | ||||||
6 | denied, the
county clerk shall, within 10 days after the date | ||||||
7 | the request is submitted,
provide the affected individual or | ||||||
8 | organization with written notice setting
forth the specific | ||||||
9 | reasons or criteria relied upon to deny the request to
be | ||||||
10 | appointed as deputy registrar.
| ||||||
11 | The county clerk may appoint as many additional deputy | ||||||
12 | registrars as he
considers necessary. The county clerk shall | ||||||
13 | appoint such additional deputy
registrars in such manner that | ||||||
14 | the convenience of the public is served,
giving due | ||||||
15 | consideration to both population concentration and area. Some
| ||||||
16 | of the additional deputy registrars shall be selected so that | ||||||
17 | there are an
equal number from each of the 2 major political | ||||||
18 | parties in the election
jurisdiction. The county clerk, in | ||||||
19 | appointing an additional deputy
registrar, shall make the | ||||||
20 | appointment from a list of applicants submitted
by the Chairman | ||||||
21 | of the County Central Committee of the applicant's
political | ||||||
22 | party. A Chairman of a County Central Committee shall submit a
| ||||||
23 | list of applicants to the county clerk by November 30 of each | ||||||
24 | year. The
county clerk may require a Chairman of a County | ||||||
25 | Central Committee to
furnish a supplemental list of applicants.
| ||||||
26 | Deputy registrars may accept registrations at any time | ||||||
27 | other than the 27
day period preceding an election. All persons | ||||||
28 | appointed as deputy
registrars shall be registered voters | ||||||
29 | within the county and shall take and
subscribe to the following | ||||||
30 | oath or affirmation:
| ||||||
31 | "I do solemnly swear (or affirm, as the case may be) that I | ||||||
32 | will support
the Constitution of the United States, and the | ||||||
33 | Constitution of the State
of Illinois, and that I will | ||||||
34 | faithfully discharge the duties of the office
of deputy |
| |||||||
| |||||||
1 | registrar to the best of my ability and that I will register no
| ||||||
2 | person nor cause the registration of any person except upon his | ||||||
3 | personal
application before me.
| ||||||
4 | ............................
| ||||||
5 | (Signature Deputy Registrar)"
| ||||||
6 | This oath shall be administered by the county clerk, or by | ||||||
7 | one of his
deputies, or by any person qualified to take | ||||||
8 | acknowledgement of deeds and
shall immediately thereafter be | ||||||
9 | filed with the county clerk.
| ||||||
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 county clerk shall be responsible for training all | ||||||
23 | deputy registrars
appointed pursuant to subsection (a), at | ||||||
24 | times and locations reasonably
convenient for both the county | ||||||
25 | clerk and such appointees. The county clerk
shall be | ||||||
26 | responsible for certifying and supervising all deputy | ||||||
27 | registrars
appointed pursuant to subsection (a). Deputy | ||||||
28 | registrars appointed under
subsection (a) shall be subject to | ||||||
29 | removal for cause.
| ||||||
30 | (c)
Completed registration materials under the control of | ||||||
31 | deputy registrars,
appointed pursuant to subsection (a), shall | ||||||
32 | be returned to the appointing
proper election
authority within | ||||||
33 | 7 days, except that completed registration materials
received | ||||||
34 | by the deputy registrars during the period between the 35th and
|
| |||||||
| |||||||
1 | 28th day preceding an election shall be returned by the deputy
| ||||||
2 | registrars to
the appointing
proper election authority within | ||||||
3 | 48 hours after receipt thereof. The
completed registration | ||||||
4 | materials received by the deputy registrars on the
28th day | ||||||
5 | preceding an election shall be returned by the deputy
| ||||||
6 | registrars
within 24 hours after receipt thereof. Unused | ||||||
7 | materials shall be returned
by deputy registrars appointed | ||||||
8 | pursuant to paragraph 4 of subsection (a),
not later than the | ||||||
9 | next working day following the close of registration.
| ||||||
10 | (d) The county clerk or board of election commissioners, as | ||||||
11 | the case may
be, must provide any additional forms requested by | ||||||
12 | any deputy registrar
regardless of the number of unaccounted | ||||||
13 | registration forms the deputy registrar
may have in his or her | ||||||
14 | possession.
| ||||||
15 | (e) No deputy registrar shall engage in any electioneering | ||||||
16 | or the promotion
of any cause during the performance of his or | ||||||
17 | her duties.
| ||||||
18 | (f) The county clerk shall not be criminally or civilly | ||||||
19 | liable for the
acts or omissions of any deputy registrar. Such | ||||||
20 | deputy registrars shall
not be deemed to be employees of the | ||||||
21 | county clerk.
| ||||||
22 | (g) Completed registration materials returned by deputy | ||||||
23 | registrars for persons residing outside the county shall be | ||||||
24 | transmitted by the county clerk within 2 days after receipt to | ||||||
25 | the election authority of the person's election jurisdiction of | ||||||
26 | residence.
| ||||||
27 | (Source: P.A. 92-816, eff. 8-21-02; 93-574, eff. 8-21-03.)
| ||||||
28 | (10 ILCS 5/4-16) (from Ch. 46, par. 4-16)
| ||||||
29 | Sec. 4-16. Any registered voter who changes his residence | ||||||
30 | from one address
to another within the same county wherein this | ||||||
31 | Article is in effect, may
have his registration transferred to | ||||||
32 | his new address by making and signing
an application for change | ||||||
33 | of residence address upon a form to be provided
by the county |
| |||||||
| |||||||
1 | clerk. Such application must be made to the office of the
| ||||||
2 | county clerk and may be made either in person or by mail. In | ||||||
3 | case the
person is unable to sign his name, the county clerk | ||||||
4 | shall require him to
execute the application in the presence of | ||||||
5 | the county clerk or of his
properly authorized representative, | ||||||
6 | by his mark, and if satisfied of the
identity of the person, | ||||||
7 | the county clerk shall make the transfer.
| ||||||
8 | Upon receipt of the application, the county clerk, or one | ||||||
9 | of his
employees deputized to take registrations shall cause | ||||||
10 | the signature of the
voter and the data appearing upon the | ||||||
11 | application to be compared with the
signature and data on the | ||||||
12 | registration record card, and if it appears that
the applicant | ||||||
13 | is the same person as the person previously registered under
| ||||||
14 | that name the transfer shall be made.
| ||||||
15 | No transfers of registration under the provisions of this | ||||||
16 | Section shall
be made during the 27 days preceding any election | ||||||
17 | at which such
voter would
be entitled to vote. When a removal | ||||||
18 | of a registered voter takes place from
one address to another | ||||||
19 | within the same precinct within a period during
which a | ||||||
20 | transfer of registration cannot be made
before any election or | ||||||
21 | primary, he shall be entitled to vote upon
presenting the | ||||||
22 | judges of election his affidavit substantially in the form
| ||||||
23 | prescribed in Section 17-10 of this Act of a change of | ||||||
24 | residence address
within the precinct on a date therein | ||||||
25 | specified.
| ||||||
26 | The county clerk may obtain information from utility | ||||||
27 | companies, city,
village, incorporated town and township | ||||||
28 | records, the post office, or from
other sources, regarding the | ||||||
29 | removal of registered voters, and may treat
such information, | ||||||
30 | and information procured from his death and marriage
records on | ||||||
31 | file in his office, as an application to erase from the | ||||||
32 | register
any name concerning which he may so have information | ||||||
33 | that the voter is no
longer qualified to vote under the name, | ||||||
34 | or from the address from which
registered, and give notice |
| |||||||
| |||||||
1 | thereof in the manner provided by Section 4--12
of this | ||||||
2 | Article, and notify voters who have changed their address that | ||||||
3 | a
transfer of registration may be made in the manner provided | ||||||
4 | in this
Section enclosing a form therefor.
| ||||||
5 | If any person be registered by error in a precinct other | ||||||
6 | than that in
which he resides, the county clerk may transfer | ||||||
7 | his registration to the
proper precinct, and if the error is or | ||||||
8 | may be on the part of the
registration officials, and is | ||||||
9 | disclosed too late before an election or
primary to mail the | ||||||
10 | certificate required by Section 4--15, such certificate
may be | ||||||
11 | personally delivered to the voter and he may vote thereon as | ||||||
12 | therein
provided, but such certificates so issued shall be | ||||||
13 | specially listed with
the reason for the issuance thereof.
| ||||||
14 | Where a revision or rearrangement of precincts is made by | ||||||
15 | the county
board, the county clerk shall immediately transfer | ||||||
16 | to the proper precinct
the registration of any voter affected | ||||||
17 | by such revision or rearrangement of
the precinct; make the | ||||||
18 | proper notations on the registration cards of a
voter affected | ||||||
19 | by the revision or rearrangement and shall issue revised
| ||||||
20 | certificates to each registrant of such change.
| ||||||
21 | Any registered voter who changes his or her name by | ||||||
22 | marriage or
otherwise shall be required to register anew and | ||||||
23 | authorize the cancellation
of the previous registration; but if | ||||||
24 | the voter still resides in the same
precinct and if the change | ||||||
25 | of name takes place within a period during
which a transfer of | ||||||
26 | registration cannot be made, preceding any election
or primary,
| ||||||
27 | the elector may, if otherwise
qualified, vote upon making an | ||||||
28 | affidavit at the polling place attesting that the voter is the | ||||||
29 | same person who is registered to vote under his or her former | ||||||
30 | name. The affidavit shall be treated by the election authority | ||||||
31 | as authorization to cancel the registration under the former | ||||||
32 | name, and the election authority shall register the person | ||||||
33 | under his or her current name.
substantially in the form
| ||||||
34 | prescribed in Section 17-10 of this Act.
|
| |||||||
| |||||||
1 | The precinct election officials shall report to the county | ||||||
2 | clerk the
names and addresses of all persons who have changed | ||||||
3 | their addresses and
voted, which shall be treated as an | ||||||
4 | application to change address
accordingly, and the names and | ||||||
5 | addresses of all persons otherwise voting by
affidavit as in | ||||||
6 | this Section provided, which shall be treated as an
application | ||||||
7 | to erase under Section 4--12 hereof.
| ||||||
8 | (Source: P.A. 92-816, eff. 8-21-02.)
| ||||||
9 | (10 ILCS 5/4-105 new)
| ||||||
10 | Sec. 4-105. First time voting. If a person registered to | ||||||
11 | vote by mail, the person must vote for the first time in person | ||||||
12 | and not by an absentee ballot, except that the person may vote | ||||||
13 | by absentee ballot in person if the person first provides the | ||||||
14 | appropriate election authority with sufficient proof of | ||||||
15 | identity by the person's driver's license number or State | ||||||
16 | identification card number or, if the person does not have | ||||||
17 | either of those, by the last 4 digits of the person's social | ||||||
18 | security number, a copy of a current and valid photo | ||||||
19 | identification, or a copy of any of the following current | ||||||
20 | documents that show the person's name and address: utility | ||||||
21 | bill, bank statement, paycheck, government check, or other | ||||||
22 | government document.
| ||||||
23 | (10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
| ||||||
24 | Sec. 5-16.2. (a) The county clerk shall appoint all | ||||||
25 | municipal and
township clerks or their duly authorized deputies | ||||||
26 | as deputy registrars who
may accept the registration of all | ||||||
27 | qualified residents of the State
their respective
counties. A | ||||||
28 | deputy registrar serving as such by virtue of his status as a
| ||||||
29 | municipal clerk, or a duly authorized deputy of a municipal | ||||||
30 | clerk, of a
municipality the territory of which lies in more | ||||||
31 | than one county may accept
the registration of any qualified | ||||||
32 | resident of any county in which the
municipality is located, |
| |||||||
| |||||||
1 | regardless of which county the resident, municipal
clerk or the | ||||||
2 | duly authorized deputy of the municipal clerk lives in .
| ||||||
3 | The county clerk shall appoint all precinct | ||||||
4 | committeepersons in the county
as deputy registrars who may | ||||||
5 | accept the registration of any qualified resident
of the State
| ||||||
6 | county , except during the 27 days preceding an election.
| ||||||
7 | The election authority shall appoint as deputy registrars a | ||||||
8 | reasonable
number of employees of the Secretary of State | ||||||
9 | located at driver's license
examination stations and | ||||||
10 | designated to the election authority by the
Secretary of State | ||||||
11 | who may accept the registration of any qualified
residents of | ||||||
12 | the State
county at any such driver's license examination | ||||||
13 | stations.
The appointment of employees of the Secretary of | ||||||
14 | State as deputy registrars
shall be made in the manner provided | ||||||
15 | in Section 2-105 of the Illinois
Vehicle Code.
| ||||||
16 | The county clerk shall appoint each of the following named | ||||||
17 | persons as deputy
registrars upon the written request of such | ||||||
18 | persons:
| ||||||
19 | 1. The chief librarian, or a qualified person | ||||||
20 | designated by the chief
librarian, of any public library | ||||||
21 | situated within the election jurisdiction,
who may accept | ||||||
22 | the registrations of any qualified resident of the State
| ||||||
23 | county ,
at such library.
| ||||||
24 | 2. The principal, or a qualified person designated by | ||||||
25 | the principal, of
any high school, elementary school, or | ||||||
26 | vocational school situated
within the election | ||||||
27 | jurisdiction, who may accept the registrations of any
| ||||||
28 | resident of the State
county , at such school. The county | ||||||
29 | clerk shall notify every
principal and vice-principal of | ||||||
30 | each high school, elementary school, and
vocational school | ||||||
31 | situated within the election jurisdiction of their
| ||||||
32 | eligibility to serve as deputy registrars and offer | ||||||
33 | training courses for
service as deputy registrars at | ||||||
34 | conveniently located facilities at least 4
months prior to |
| |||||||
| |||||||
1 | every election.
| ||||||
2 | 3. The president, or a qualified person designated by | ||||||
3 | the president, of
any university, college, community | ||||||
4 | college, academy or other institution
of learning situated | ||||||
5 | within the election jurisdiction, who may accept the
| ||||||
6 | registrations of any resident of the State
county , at such | ||||||
7 | university, college,
community college, academy or | ||||||
8 | institution.
| ||||||
9 | 4. A duly elected or appointed official of a bona fide | ||||||
10 | labor organization,
or a reasonable number of qualified | ||||||
11 | members designated by such official,
who may accept the | ||||||
12 | registrations of any qualified resident of the State
| ||||||
13 | county .
| ||||||
14 | 5. A duly elected or appointed official of a bona fide | ||||||
15 | State civic
organization, as defined and determined by rule | ||||||
16 | of the State Board of
Elections, or qualified members | ||||||
17 | designated by such official, who may accept
the | ||||||
18 | registration of any qualified resident of the State
county .
| ||||||
19 | In determining the number of deputy registrars that shall | ||||||
20 | be appointed,
the county clerk shall consider the | ||||||
21 | population of the jurisdiction, the
size of the | ||||||
22 | organization, the geographic size of the jurisdiction,
| ||||||
23 | convenience for the public, the existing number of deputy | ||||||
24 | registrars in the
jurisdiction and their location, the | ||||||
25 | registration activities of the
organization and the need to | ||||||
26 | appoint deputy registrars to assist and
facilitate the | ||||||
27 | registration of non-English speaking individuals. In no
| ||||||
28 | event shall a county clerk fix an arbitrary number | ||||||
29 | applicable to every
civic organization requesting | ||||||
30 | appointment of its members as deputy registrars.
The State | ||||||
31 | Board of Elections shall by rule provide for
certification | ||||||
32 | of bona fide State civic organizations.
Such appointments | ||||||
33 | shall be made for a period not to exceed 2 years,
| ||||||
34 | terminating on the first business day of the month |
| |||||||
| |||||||
1 | following the month of
the general election, and shall be | ||||||
2 | valid for all periods of voter
registration as provided by | ||||||
3 | this Code during the terms of such appointments.
| ||||||
4 | 6.
The Director of the Illinois Department of Public | ||||||
5 | Aid, or a
reasonable number of employees designated by the | ||||||
6 | Director and located at
public aid offices, who may accept | ||||||
7 | the registration of any qualified
resident of the county at | ||||||
8 | any such public aid office.
| ||||||
9 | 7.
The Director of the Illinois Department of | ||||||
10 | Employment Security, or a
reasonable number of employees | ||||||
11 | designated by the Director and located at
unemployment | ||||||
12 | offices, who may accept the registration of any qualified
| ||||||
13 | resident of the county at any such unemployment office.
| ||||||
14 | 8. The president of any corporation as defined by the | ||||||
15 | Business
Corporation Act of 1983, or a reasonable number of | ||||||
16 | employees designated by
such president, who may accept the | ||||||
17 | registrations of any qualified resident
of the State
| ||||||
18 | county .
| ||||||
19 | If the request to be appointed as deputy registrar is | ||||||
20 | denied, the
county clerk shall, within 10 days after the date | ||||||
21 | the request is submitted,
provide the affected individual or | ||||||
22 | organization with written notice setting
forth the specific | ||||||
23 | reasons or criteria relied upon to deny the request to
be | ||||||
24 | appointed as deputy registrar.
| ||||||
25 | The county clerk may appoint as many additional deputy | ||||||
26 | registrars as he
considers necessary. The county clerk shall | ||||||
27 | appoint such additional deputy
registrars in such manner that | ||||||
28 | the convenience of the public is served,
giving due | ||||||
29 | consideration to both population concentration and area. Some
| ||||||
30 | of the additional deputy registrars shall be selected so that | ||||||
31 | there are an
equal number from each of the 2 major political | ||||||
32 | parties in the election
jurisdiction. The county clerk, in | ||||||
33 | appointing an additional deputy
registrar, shall make the | ||||||
34 | appointment from a list of applicants submitted
by the Chairman |
| |||||||
| |||||||
1 | of the County Central Committee of the applicant's
political | ||||||
2 | party. A Chairman of a County Central Committee shall submit a
| ||||||
3 | list of applicants to the county clerk by November 30 of each | ||||||
4 | year. The
county clerk may require a Chairman of a County | ||||||
5 | Central Committee to
furnish a supplemental list of applicants.
| ||||||
6 | Deputy registrars may accept registrations at any time | ||||||
7 | other than the 27
day period preceding an election. All persons | ||||||
8 | appointed as deputy
registrars shall be registered voters | ||||||
9 | within the county and shall take and
subscribe to the following | ||||||
10 | oath or affirmation:
| ||||||
11 | "I do solemnly swear (or affirm, as the case may be) that I | ||||||
12 | will support
the Constitution of the United States, and the | ||||||
13 | Constitution of the State
of Illinois, and that I will | ||||||
14 | faithfully discharge the duties of the office
of deputy | ||||||
15 | registrar to the best of my ability and that I will register
no | ||||||
16 | person nor cause the registration of any person except upon his | ||||||
17 | personal
application before me.
| ||||||
18 | ...............................
| ||||||
19 | (Signature of Deputy Registrar)"
| ||||||
20 | This oath shall be administered by the county clerk, or by | ||||||
21 | one of his
deputies, or by any person qualified to take | ||||||
22 | acknowledgement of deeds and
shall immediately thereafter be | ||||||
23 | filed with the county clerk.
| ||||||
24 | Appointments of deputy registrars under this Section, | ||||||
25 | except precinct
committeemen, shall be for 2-year terms, | ||||||
26 | commencing on December 1 following
the general election of each | ||||||
27 | even-numbered year, except that the terms of
the initial | ||||||
28 | appointments shall be until December 1st following the next
| ||||||
29 | general election. Appointments of precinct committeemen shall | ||||||
30 | be for
2-year terms commencing on the date of the county | ||||||
31 | convention following the
general primary at which they were | ||||||
32 | elected. The county clerk shall issue a
certificate of | ||||||
33 | appointment to each deputy registrar, and shall maintain in
his | ||||||
34 | office for public inspection a list of the names of all |
| |||||||
| |||||||
1 | appointees.
| ||||||
2 | (b) The county clerk shall be responsible for training all | ||||||
3 | deputy registrars
appointed pursuant to subsection (a), at | ||||||
4 | times and locations reasonably
convenient for both the county | ||||||
5 | clerk and such appointees. The county clerk
shall be | ||||||
6 | responsible for certifying and supervising all deputy | ||||||
7 | registrars
appointed pursuant to subsection (a). Deputy | ||||||
8 | registrars appointed under
subsection (a) shall be subject to | ||||||
9 | removal for cause.
| ||||||
10 | (c)
Completed registration materials under the control of | ||||||
11 | deputy registrars,
appointed pursuant to subsection (a), shall | ||||||
12 | be returned to the appointing
proper election
authority within | ||||||
13 | 7 days, except that completed registration materials
received | ||||||
14 | by the deputy registrars during the period between the 35th and
| ||||||
15 | 28th day preceding an election shall be returned by the deputy
| ||||||
16 | registrars to
the appointing
proper election authority within | ||||||
17 | 48 hours after receipt thereof. The
completed registration | ||||||
18 | materials received by the deputy registrars on the
28th day | ||||||
19 | preceding an election shall be returned by the deputy
| ||||||
20 | registrars within 24 hours after receipt thereof.
Unused | ||||||
21 | materials shall be returned by deputy
registrars appointed | ||||||
22 | pursuant to paragraph 4 of subsection (a), not later
than the | ||||||
23 | next working day following the close of registration.
| ||||||
24 | (d) The county clerk or board of election commissioners, as | ||||||
25 | the case may
be, must provide any additional forms requested by | ||||||
26 | any deputy registrar
regardless of the number of unaccounted | ||||||
27 | registration forms the deputy registrar
may have in his or her | ||||||
28 | possession.
| ||||||
29 | (e) No deputy registrar shall engage in any electioneering | ||||||
30 | or the promotion
of any cause during the performance of his or | ||||||
31 | her duties.
| ||||||
32 | (f) The county clerk shall not be criminally or civilly | ||||||
33 | liable for the
acts or omissions of any deputy registrar. Such | ||||||
34 | deputy registers shall not
be deemed to be employees of the |
| |||||||
| |||||||
1 | county clerk.
| ||||||
2 | (g) Completed registration materials returned by deputy | ||||||
3 | registrars for persons residing outside the county shall be | ||||||
4 | transmitted by the county clerk within 2 days after receipt to | ||||||
5 | the election authority of the person's election jurisdiction of | ||||||
6 | residence.
| ||||||
7 | (Source: P.A. 92-816, eff. 8-21-02; 93-574, eff. 8-21-03.)
| ||||||
8 | (10 ILCS 5/5-23) (from Ch. 46, par. 5-23)
| ||||||
9 | Sec. 5-23. Any registered voter who changes his residence | ||||||
10 | from one address,
number or place to another within the same | ||||||
11 | county wherein this article 5
is in effect, may have his | ||||||
12 | registration transferred to his new address by
making and | ||||||
13 | signing an application for such change of residence upon a form
| ||||||
14 | to be provided by the county clerk. Such application must be | ||||||
15 | made to the
office of the county clerk. In case the person is | ||||||
16 | unable to sign his name
the county clerk shall require such | ||||||
17 | person to execute the request in the
presence of the county | ||||||
18 | clerk or of his properly authorized representative,
by his | ||||||
19 | mark, and if satisfied of the identity of the person, the | ||||||
20 | county
clerk shall make the transfer.
| ||||||
21 | Upon receipt of such application, the county clerk, or one | ||||||
22 | of his employees
deputized to take registrations shall cause | ||||||
23 | the signature of the voter and
the data appearing upon the | ||||||
24 | application to be compared with the signature
and data on the | ||||||
25 | registration record, and if it appears that the applicant
is | ||||||
26 | the same person as the party previously registered under that | ||||||
27 | name the
transfer shall be made.
| ||||||
28 | Transfer of registration under the provisions of this | ||||||
29 | section may not be
made within the period when the county | ||||||
30 | clerk's office is closed to registration
prior to an election | ||||||
31 | at which such voter would be entitled to vote.
| ||||||
32 | Any registered voter who changes his or her name by | ||||||
33 | marriage or
otherwise, shall be required to register anew and |
| |||||||
| |||||||
1 | authorize the
cancellation of the previous registration; | ||||||
2 | provided, however, that if
the change of name takes place | ||||||
3 | within a period during which such new
registration cannot be | ||||||
4 | made, next preceding any election or primary, the
elector may, | ||||||
5 | if otherwise qualified, vote upon making the following
| ||||||
6 | affidavit before the judges of election:
| ||||||
7 | I do solemnly swear that I am the same person now | ||||||
8 | registered in the
.... precinct of the .... ward of the city of | ||||||
9 | .... or .... District Town
of .... under the name of .... and | ||||||
10 | that I still reside in said precinct
or district.
| ||||||
11 | (Signed) ....
| ||||||
12 | If the voter whose name has changed still resides in the | ||||||
13 | same precinct, the voter may vote after making the affidavit at | ||||||
14 | the polling place regardless of when the change of name | ||||||
15 | occurred. In that event, the affidavit shall not state that the | ||||||
16 | voter is required to register; the affidavit shall be treated | ||||||
17 | by the election authority as authorization to cancel the | ||||||
18 | registration under the former name, and the election authority | ||||||
19 | shall register the voter under his or her current name.
| ||||||
20 | When a removal of a registered voter takes place from one | ||||||
21 | address to
another within the same precinct within a period | ||||||
22 | during which such
transfer of registration cannot be made, | ||||||
23 | before any election or primary,
he shall be entitled to vote | ||||||
24 | upon presenting to the judges of election
an affidavit of a | ||||||
25 | change and having said affidavit supported by the
affidavit of | ||||||
26 | a qualified voter of the same precinct.
| ||||||
27 | Suitable forms for this purpose shall be provided by the | ||||||
28 | county clerk. The form
in all cases shall be similar to the | ||||||
29 | form furnished by the county clerk
for county and state | ||||||
30 | elections.
| ||||||
31 | The precinct election officials shall report to the county | ||||||
32 | clerk the names
and addresses of all such persons who have | ||||||
33 | changed their addresses and voted.
The city, village, town and | ||||||
34 | incorporated town clerks shall within five days
after every |
| |||||||
| |||||||
1 | election report to the county clerk the names and addresses
of | ||||||
2 | the persons reported to them as having voted by affidavit as in | ||||||
3 | this
section provided.
| ||||||
4 | The county clerk may obtain information from utility | ||||||
5 | companies, city,
village, town and incorporated town records, | ||||||
6 | the post office or from
other sources regarding the removal of | ||||||
7 | registered voters and notify such
voters that a transfer of | ||||||
8 | registration may be made in the manner
provided by this | ||||||
9 | section.
| ||||||
10 | If any person be registered by error in a precinct other | ||||||
11 | than that in
which he resides the county clerk shall be | ||||||
12 | empowered to transfer his
registration to the proper precinct.
| ||||||
13 | Where a revision or rearrangement of precincts is made by | ||||||
14 | the board
of county commissioners, the county clerk shall | ||||||
15 | immediately transfer to
the proper precinct the registration of | ||||||
16 | any voter affected by such
revision or rearrangement of the | ||||||
17 | precincts; make the proper notations on
the registration cards | ||||||
18 | of a voter affected by the revision of
registration and shall | ||||||
19 | notify the registrant of such change.
| ||||||
20 | (Source: P.A. 80-1469.)
| ||||||
21 | (10 ILCS 5/5-105 new)
| ||||||
22 | Sec. 5-105. First time voting. If a person registered to | ||||||
23 | vote by mail, the person must vote for the first time in person | ||||||
24 | and not by an absentee ballot, except that the person may vote | ||||||
25 | by absentee ballot in person if the person first provides the | ||||||
26 | appropriate election authority with sufficient proof of | ||||||
27 | identity by the person's driver's license number or State | ||||||
28 | identification card number or, if the person does not have | ||||||
29 | either of those, by the last 4 digits of the person's social | ||||||
30 | security number, a copy of a current and valid photo | ||||||
31 | identification, or a copy of any of the following current | ||||||
32 | documents that show the person's name and address: utility | ||||||
33 | bill, bank statement, paycheck, government check, or other |
| |||||||
| |||||||
1 | government document.
| ||||||
2 | (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
| ||||||
3 | Sec. 6-50.2. (a) The board of election commissioners shall | ||||||
4 | appoint all
precinct committeepersons in the election | ||||||
5 | jurisdiction as deputy registrars
who may accept the | ||||||
6 | registration of any qualified resident of the State
election
| ||||||
7 | jurisdiction , except during the 27 days preceding an election.
| ||||||
8 | The election authority shall appoint as deputy registrars a | ||||||
9 | reasonable
number of employees of the Secretary of State | ||||||
10 | located at driver's license
examination stations and | ||||||
11 | designated to the election authority by the
Secretary of State | ||||||
12 | who may accept the registration of any qualified
residents of | ||||||
13 | the State
county at any such driver's license examination | ||||||
14 | stations. The
appointment of employees of the Secretary of | ||||||
15 | State as deputy registrars shall
be made in the manner provided | ||||||
16 | in Section 2-105 of the Illinois Vehicle Code.
| ||||||
17 | The board of election commissioners shall appoint each of | ||||||
18 | the following
named persons as deputy registrars upon the | ||||||
19 | written request of such persons:
| ||||||
20 | 1. The chief librarian, or a qualified person | ||||||
21 | designated by the chief
librarian, of any public library | ||||||
22 | situated within the election jurisdiction,
who may accept | ||||||
23 | the registrations of any qualified resident of the State
| ||||||
24 | election
jurisdiction , at such library.
| ||||||
25 | 2. The principal, or a qualified person designated by | ||||||
26 | the principal, of
any high school, elementary school, or | ||||||
27 | vocational school situated
within the election | ||||||
28 | jurisdiction, who may accept the registrations of any
| ||||||
29 | resident of the State
election jurisdiction , at such | ||||||
30 | school. The board of election
commissioners shall notify | ||||||
31 | every principal and vice-principal of each high
school, | ||||||
32 | elementary school, and vocational school situated in the | ||||||
33 | election
jurisdiction of their eligibility to serve as |
| |||||||
| |||||||
1 | deputy registrars and offer
training courses for service as | ||||||
2 | deputy registrars at conveniently located
facilities at | ||||||
3 | least 4 months prior to every election.
| ||||||
4 | 3. The president, or a qualified person designated by | ||||||
5 | the president, of
any university, college, community | ||||||
6 | college, academy or other institution
of learning situated | ||||||
7 | within the State
election jurisdiction , who may accept the
| ||||||
8 | registrations of any resident of the election | ||||||
9 | jurisdiction, at such university,
college, community | ||||||
10 | college, academy or institution.
| ||||||
11 | 4. A duly elected or appointed official of a bona fide | ||||||
12 | labor
organization, or a reasonable number of qualified | ||||||
13 | members designated
by such official, who may accept the | ||||||
14 | registrations of any qualified
resident of the State
| ||||||
15 | election jurisdiction .
| ||||||
16 | 5. A duly elected or appointed official of a bona fide | ||||||
17 | State civic
organization, as defined and determined by rule | ||||||
18 | of the State Board of
Elections, or qualified members | ||||||
19 | designated by such official, who may accept
the | ||||||
20 | registration of any qualified resident of the State
| ||||||
21 | election jurisdiction .
In determining the number of deputy | ||||||
22 | registrars that shall be appointed,
the board of election | ||||||
23 | commissioners shall consider the population of the
| ||||||
24 | jurisdiction, the size of the organization, the geographic | ||||||
25 | size of the
jurisdiction, convenience for the public, the | ||||||
26 | existing number of deputy
registrars in the jurisdiction | ||||||
27 | and their location, the registration
activities of the | ||||||
28 | organization and the need to appoint deputy registrars to
| ||||||
29 | assist and facilitate the registration of non-English | ||||||
30 | speaking individuals.
In no event shall a board of election | ||||||
31 | commissioners fix an arbitrary
number applicable to every | ||||||
32 | civic organization requesting appointment of its
members | ||||||
33 | as deputy registrars. The State Board of Elections shall by | ||||||
34 | rule
provide for certification of bona fide State civic |
| |||||||
| |||||||
1 | organizations. Such
appointments shall be made for a period | ||||||
2 | not to exceed 2 years, terminating
on the first business | ||||||
3 | day of the month following the month of the general
| ||||||
4 | election, and shall be valid for all periods of voter | ||||||
5 | registration as
provided by this Code during the terms of | ||||||
6 | such appointments.
| ||||||
7 | 6.
The Director of the Illinois Department of Public | ||||||
8 | Aid, or a
reasonable number of employees designated by the | ||||||
9 | Director and located at
public aid offices, who may accept | ||||||
10 | the registration of any qualified
resident of the election | ||||||
11 | jurisdiction at any such public aid office.
| ||||||
12 | 7.
The Director of the Illinois Department of | ||||||
13 | Employment Security, or a
reasonable number of employees | ||||||
14 | designated by the Director and located at
unemployment | ||||||
15 | offices, who may accept the registration of any qualified
| ||||||
16 | resident of the election jurisdiction at any such | ||||||
17 | unemployment office.
If the request to be appointed as | ||||||
18 | deputy registrar is denied, the board
of election | ||||||
19 | commissioners shall, within 10 days after the date the | ||||||
20 | request
is submitted, provide the affected individual or | ||||||
21 | organization with written
notice setting forth the | ||||||
22 | specific reasons or criteria relied upon to deny
the | ||||||
23 | request to be appointed as deputy registrar.
| ||||||
24 | 8. The president of any corporation, as defined by the | ||||||
25 | Business
Corporation Act of 1983, or a reasonable number of | ||||||
26 | employees designated by
such president, who may accept the | ||||||
27 | registrations of any qualified resident
of the State
| ||||||
28 | election jurisdiction .
| ||||||
29 | The board of election commissioners may appoint as many | ||||||
30 | additional deputy
registrars as it considers necessary. The | ||||||
31 | board of election commissioners
shall appoint such additional | ||||||
32 | deputy registrars in such manner that the
convenience of the | ||||||
33 | public is served, giving due consideration to both
population | ||||||
34 | concentration and area. Some of the additional deputy
|
| |||||||
| |||||||
1 | registrars shall be selected so that there are an equal number | ||||||
2 | from
each of the 2 major political parties in the election | ||||||
3 | jurisdiction. The
board of election commissioners, in | ||||||
4 | appointing an additional deputy registrar,
shall make the | ||||||
5 | appointment from a list of applicants submitted by the Chairman
| ||||||
6 | of the County Central Committee of the applicant's political | ||||||
7 | party. A Chairman
of a County Central Committee shall submit a | ||||||
8 | list of applicants to the board
by November 30 of each year. | ||||||
9 | The board may require a Chairman of a County
Central Committee | ||||||
10 | to furnish a supplemental list of applicants.
| ||||||
11 | Deputy registrars may accept registrations at any time | ||||||
12 | other than the 27
day period preceding an election. All persons | ||||||
13 | appointed as deputy
registrars shall be registered voters | ||||||
14 | within the election jurisdiction and
shall take and subscribe | ||||||
15 | to the following oath or affirmation:
| ||||||
16 | "I do solemnly swear (or affirm, as the case may be) that I | ||||||
17 | will support
the Constitution of the United States, and the | ||||||
18 | Constitution of the State
of Illinois, and that I will | ||||||
19 | faithfully discharge the duties of the office
of registration | ||||||
20 | officer to the best of my ability and that I will register
no | ||||||
21 | person nor cause the registration of any person except upon his | ||||||
22 | personal
application before me.
| ||||||
23 | ....................................
| ||||||
24 | (Signature of Registration Officer)"
| ||||||
25 | This oath shall be administered and certified to by one of | ||||||
26 | the commissioners
or by the executive director or by some | ||||||
27 | person designated by the board of
election commissioners, and | ||||||
28 | shall immediately thereafter be filed with the
board of | ||||||
29 | election commissioners. The members of the board of election
| ||||||
30 | commissioners and all persons authorized by them under the | ||||||
31 | provisions of
this Article to take registrations, after | ||||||
32 | themselves taking and subscribing
to the above oath, are | ||||||
33 | authorized to take or administer such oaths and
execute such | ||||||
34 | affidavits as are required by this Article.
|
| |||||||
| |||||||
1 | Appointments of deputy registrars under this Section, | ||||||
2 | except precinct
committeemen, shall be for 2-year terms, | ||||||
3 | commencing on December 1 following
the general election of each | ||||||
4 | even-numbered year, except that the terms of
the initial | ||||||
5 | appointments shall be until December 1st following the next
| ||||||
6 | general election. Appointments of precinct committeemen shall | ||||||
7 | be for 2-year
terms commencing on the date of the county | ||||||
8 | convention following the general
primary at which they were | ||||||
9 | elected. The county clerk shall issue a
certificate of | ||||||
10 | appointment to each deputy registrar, and shall maintain in
his | ||||||
11 | office for public inspection a list of the names of all | ||||||
12 | appointees.
| ||||||
13 | (b) The board of election commissioners shall be | ||||||
14 | responsible for training
all deputy registrars appointed | ||||||
15 | pursuant to subsection (a), at times and
locations reasonably | ||||||
16 | convenient for both the board of election commissioners
and | ||||||
17 | such appointees. The board of election commissioners shall be | ||||||
18 | responsible
for certifying and supervising all deputy | ||||||
19 | registrars appointed pursuant
to subsection (a). Deputy | ||||||
20 | registrars appointed under subsection (a) shall
be subject to | ||||||
21 | removal for cause.
| ||||||
22 | (c)
Completed registration materials under the control of | ||||||
23 | deputy
registrars appointed pursuant to subsection (a) shall be | ||||||
24 | returned to the
appointing
proper election authority within 7 | ||||||
25 | days, except that completed registration
materials received by | ||||||
26 | the deputy registrars during the period between the
35th and | ||||||
27 | 28th day preceding an election shall be returned by the
deputy
| ||||||
28 | registrars to the appointing
proper election authority within | ||||||
29 | 48 hours after receipt
thereof. The completed registration | ||||||
30 | materials received by the deputy
registrars on the 28th day | ||||||
31 | preceding an election shall be returned
by the
deputy | ||||||
32 | registrars within 24 hours after receipt thereof. Unused | ||||||
33 | materials
shall be returned by deputy registrars appointed | ||||||
34 | pursuant to paragraph 4 of
subsection (a), not later than the |
| |||||||
| |||||||
1 | next working day following the close of
registration.
| ||||||
2 | (d) The county clerk or board of election commissioners, as | ||||||
3 | the case may
be, must provide any additional forms requested by | ||||||
4 | any deputy registrar
regardless of the number of unaccounted | ||||||
5 | registration forms the deputy registrar
may have in his or her | ||||||
6 | possession.
| ||||||
7 | (e) No deputy registrar shall engage in any electioneering | ||||||
8 | or the promotion
of any cause during the performance of his or | ||||||
9 | her duties.
| ||||||
10 | (f) The board of election commissioners shall not be | ||||||
11 | criminally or
civilly liable for the acts or omissions of any | ||||||
12 | deputy registrar. Such
deputy registrars shall not be deemed to | ||||||
13 | be employees of the board of
election commissioners.
| ||||||
14 | (g) Completed registration materials returned by deputy | ||||||
15 | registrars for persons residing outside the election | ||||||
16 | jurisdiction shall be transmitted by the board of election | ||||||
17 | commissioners within 2 days after receipt to the election | ||||||
18 | authority of the person's election jurisdiction of residence.
| ||||||
19 | (Source: P.A. 92-816, eff. 8-21-02; 93-574, eff. 8-21-03.)
| ||||||
20 | (10 ILCS 5/6-54) (from Ch. 46, par. 6-54)
| ||||||
21 | Sec. 6-54. Any registered voter who changes his or her name | ||||||
22 | by marriage or
otherwise, shall be required to register anew | ||||||
23 | and authorize the
cancellation of the previous registration; | ||||||
24 | provided, however, that if the
change of name takes place | ||||||
25 | within a period during which such new
registration cannot be | ||||||
26 | made, next preceding any election or primary, the
elector may, | ||||||
27 | if otherwise qualified, vote upon making the following
| ||||||
28 | affidavit before the judges of election:
| ||||||
29 | "I do solemnly swear that I am the same person now | ||||||
30 | registered in the
.... precinct of the .... ward, under the | ||||||
31 | name of .... and that I still
reside in said precinct.
| ||||||
32 | (Signed)...."
| ||||||
33 | If the voter whose name has changed still resides in the |
| |||||||
| |||||||
1 | same precinct, the voter may vote after making the affidavit at | ||||||
2 | the polling place regardless of when the change of name | ||||||
3 | occurred. In that event, the affidavit shall not state that the | ||||||
4 | voter is required to register; the affidavit shall be treated | ||||||
5 | by the election authority as authorization to cancel the | ||||||
6 | registration under the former name, and the election authority | ||||||
7 | shall register the voter under his or her current name.
| ||||||
8 | (Source: Laws 1943, vol. 2, p. 1.)
| ||||||
9 | (10 ILCS 5/6-105 new)
| ||||||
10 | Sec. 6-105. First time voting. If a person registered to | ||||||
11 | vote by mail, the person must vote for the first time in person | ||||||
12 | and not by an absentee ballot, except that the person may vote | ||||||
13 | by absentee ballot in person if the person first provides the | ||||||
14 | appropriate election authority with sufficient proof of | ||||||
15 | identity by the person's driver's license number or State | ||||||
16 | identification card number or, if the person does not have | ||||||
17 | either of those, by the last 4 digits of the person's social | ||||||
18 | security number, a copy of a current and valid photo | ||||||
19 | identification, or a copy of any of the following current | ||||||
20 | documents that show the person's name and address: utility | ||||||
21 | bill, bank statement, paycheck, government check, or other | ||||||
22 | government document.
| ||||||
23 | (10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
| ||||||
24 | Sec. 7-7. For the purpose of making nominations in certain | ||||||
25 | instances as
provided in this Article and this Act, the | ||||||
26 | following committees are authorized
and shall constitute the | ||||||
27 | central or managing committees of each political
party, viz: A | ||||||
28 | State central committee , whose responsibilities include, but | ||||||
29 | are not limited to, filling by appointment vacancies in | ||||||
30 | nomination for statewide offices, including but not limited to | ||||||
31 | the office of United States Senator , a congressional committee | ||||||
32 | for each
congressional district, a county central committee for |
| |||||||
| |||||||
1 | each county, a
municipal central committee for each city, | ||||||
2 | incorporated town or village, a
ward committeeman for each ward | ||||||
3 | in cities containing a population of
500,000 or more; a | ||||||
4 | township committeeman for each township or part of a
township | ||||||
5 | that lies outside of cities having a population of 200,000 or
| ||||||
6 | more, in counties having a population of 2,000,000 or more; a | ||||||
7 | precinct
committeeman for each precinct in counties having a | ||||||
8 | population of less than
2,000,000; a county board district | ||||||
9 | committee for each county board district
created under Division | ||||||
10 | 2-3 of the Counties Code; a State's Attorney committee
for each | ||||||
11 | group of 2 or more counties which jointly elect a State's | ||||||
12 | Attorney; a
Superintendent of Multi-County Educational Service | ||||||
13 | Region committee for each
group of 2 or more counties which | ||||||
14 | jointly elect a Superintendent of a
Multi-County Educational | ||||||
15 | Service Region; a judicial subcircuit
committee in
a judicial | ||||||
16 | circuit divided into subcircuits for each judicial subcircuit | ||||||
17 | in
that circuit; and
a board of review election district | ||||||
18 | committee
for each Cook County Board of Review election | ||||||
19 | district.
| ||||||
20 | (Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03; | ||||||
21 | revised
9-22-03.)
| ||||||
22 | (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
| ||||||
23 | Sec. 7-8. The State central committee shall be composed of | ||||||
24 | one or two
members from each congressional district in the | ||||||
25 | State and shall be elected as
follows:
| ||||||
26 | State Central Committee
| ||||||
27 | (a) Within 30 days after the effective date of this | ||||||
28 | amendatory Act of
1983 the State central committee of each | ||||||
29 | political party shall certify to
the State Board of Elections | ||||||
30 | which of the following alternatives it wishes
to apply to the | ||||||
31 | State central committee of that party.
| ||||||
32 | Alternative A. At the primary held on the third Tuesday in
| ||||||
33 | March 1970, and at the primary held every 4 years thereafter, |
| |||||||
| |||||||
1 | each primary
elector may vote for one candidate of his party | ||||||
2 | for member of the State
central committee for the congressional | ||||||
3 | district in which he resides.
The candidate receiving the | ||||||
4 | highest number of votes shall be declared
elected State central | ||||||
5 | committeeman from the district. A political party
may, in lieu | ||||||
6 | of the foregoing, by a majority vote of delegates at any State
| ||||||
7 | convention of such party, determine to thereafter elect the | ||||||
8 | State central
committeemen in the manner following:
| ||||||
9 | At the county convention held by such political party State | ||||||
10 | central
committeemen shall be elected in the same manner as | ||||||
11 | provided in this
Article for the election of officers of the | ||||||
12 | county central committee, and
such election shall follow the | ||||||
13 | election of officers of the county central
committee. Each | ||||||
14 | elected ward, township or precinct committeeman shall cast
as | ||||||
15 | his vote one vote for each ballot voted in his ward, township, | ||||||
16 | part of a
township or precinct in the last preceding primary | ||||||
17 | election of his
political party. In the case of a county lying | ||||||
18 | partially within one
congressional district and partially | ||||||
19 | within another congressional district,
each ward, township or | ||||||
20 | precinct committeeman shall vote only with respect
to the | ||||||
21 | congressional district in which his ward, township, part of a
| ||||||
22 | township or precinct is located. In the case of a congressional | ||||||
23 | district
which encompasses more than one county, each ward, | ||||||
24 | township or precinct
committeeman residing within the | ||||||
25 | congressional district shall cast as his
vote one vote for each | ||||||
26 | ballot voted in his ward, township, part of a
township or | ||||||
27 | precinct in the last preceding primary election of his
| ||||||
28 | political party for one candidate of his party for member of | ||||||
29 | the State
central committee for the congressional district in | ||||||
30 | which he resides and
the Chairman of the county central | ||||||
31 | committee shall report the results of
the election to the State | ||||||
32 | Board of Elections. The State Board of Elections
shall certify | ||||||
33 | the candidate receiving the highest number of votes elected
| ||||||
34 | State central committeeman for that congressional district.
|
| |||||||
| |||||||
1 | The State central committee shall adopt rules to provide | ||||||
2 | for and govern
the procedures to be followed in the election of | ||||||
3 | members of the State central
committee.
| ||||||
4 | After the
effective date of this amendatory Act of the 91st | ||||||
5 | General
Assembly, whenever a vacancy occurs in the office of | ||||||
6 | Chairman of a State
central committee, or at the end of the | ||||||
7 | term of office of Chairman, the State
central committee of each | ||||||
8 | political party that has selected Alternative A shall
elect a | ||||||
9 | Chairman who shall not be required to be a member of the State | ||||||
10 | Central
Committee. The Chairman shall be a
registered voter in | ||||||
11 | this State and of the same political party as the State
central | ||||||
12 | committee.
| ||||||
13 | Alternative B. Each congressional committee shall, within | ||||||
14 | 30 days after
the adoption of this alternative, appoint a | ||||||
15 | person of the sex opposite that
of the incumbent member for | ||||||
16 | that congressional district to serve as an
additional member of | ||||||
17 | the State central committee until his or her successor
is | ||||||
18 | elected at the general primary election in 1986. Each | ||||||
19 | congressional
committee shall make this appointment by voting | ||||||
20 | on the basis set forth in
paragraph (e) of this Section. In | ||||||
21 | each congressional district at the
general primary election | ||||||
22 | held in 1986 and every 4 years thereafter, the
male candidate | ||||||
23 | receiving the highest number of votes of the party's male
| ||||||
24 | candidates for State central committeeman, and the female | ||||||
25 | candidate
receiving the highest number of votes of the party's | ||||||
26 | female candidates for
State central committeewoman, shall be | ||||||
27 | declared elected State central
committeeman and State central | ||||||
28 | committeewoman from the district. At the
general primary | ||||||
29 | election held in 1986 and every 4 years thereafter, if all a
| ||||||
30 | party's candidates for State central committeemen or State | ||||||
31 | central
committeewomen from a congressional district are of the | ||||||
32 | same sex, the candidate
receiving the highest number of votes | ||||||
33 | shall be declared elected a State central
committeeman or State | ||||||
34 | central committeewoman from the district, and, because of
a |
| |||||||
| |||||||
1 | failure to elect one male and one female to the committee, a | ||||||
2 | vacancy shall be
declared to exist in the office of the second | ||||||
3 | member of the State central
committee from the district. This | ||||||
4 | vacancy shall be filled by appointment by
the congressional | ||||||
5 | committee of the political party, and the person appointed to
| ||||||
6 | fill the vacancy shall be a resident of the congressional | ||||||
7 | district and of the
sex opposite that of the committeeman or | ||||||
8 | committeewoman elected at the general
primary election. Each | ||||||
9 | congressional committee shall make this appointment by
voting | ||||||
10 | on the basis set forth in paragraph (e) of this Section.
| ||||||
11 | The Chairman of a State central committee composed as | ||||||
12 | provided in this
Alternative B must be selected from the | ||||||
13 | committee's members.
| ||||||
14 | Except as provided for in Alternative A with respect to the | ||||||
15 | selection of
the Chairman of the State central committee, under | ||||||
16 | both of the foregoing
alternatives, the
State
central
committee | ||||||
17 | of each political party shall be composed of members elected
or | ||||||
18 | appointed from the several congressional districts of the | ||||||
19 | State,
and of no other person or persons whomsoever. The | ||||||
20 | members of the State
central committee shall, within 41
30 days | ||||||
21 | after each quadrennial election of
the full committee, meet in | ||||||
22 | the city of Springfield and organize
by electing a chairman, | ||||||
23 | and may at such time
elect such officers from among their own | ||||||
24 | number (or otherwise), as they
may deem necessary or expedient. | ||||||
25 | The outgoing chairman of the State
central committee of the | ||||||
26 | party shall, 10 days before the meeting, notify
each member of | ||||||
27 | the State central committee elected at the primary of the
time | ||||||
28 | and place of such meeting. In the organization and proceedings | ||||||
29 | of
the State central committee, each State central committeeman | ||||||
30 | and State
central committeewoman shall have one vote for each | ||||||
31 | ballot voted in his or her
congressional district by the | ||||||
32 | primary electors of his or her party at the
primary election | ||||||
33 | immediately preceding the meeting of the State central
| ||||||
34 | committee. Whenever a vacancy occurs in the State central |
| |||||||
| |||||||
1 | committee of any
political party, the vacancy shall be filled | ||||||
2 | by appointment of
the chairmen of the county central committees | ||||||
3 | of the
political party
of the counties located within the | ||||||
4 | congressional district in which the vacancy
occurs and,
if | ||||||
5 | applicable, the ward and township committeemen of the
political
| ||||||
6 | party in counties of 2,000,000 or more inhabitants located | ||||||
7 | within the
congressional
district. If the congressional | ||||||
8 | district in which the vacancy occurs lies
wholly within a
| ||||||
9 | county of 2,000,000 or more inhabitants, the ward and township | ||||||
10 | committeemen
of the political party in that congressional | ||||||
11 | district shall vote to fill the
vacancy. In voting to fill the | ||||||
12 | vacancy, each chairman of a county central
committee and
each | ||||||
13 | ward and township committeeman in counties of 2,000,000
or
more | ||||||
14 | inhabitants shall have one vote for each ballot voted in each | ||||||
15 | precinct of
the congressional district in which the vacancy | ||||||
16 | exists of
his or her
county, township, or ward cast by the | ||||||
17 | primary electors of his or her party
at the
primary election | ||||||
18 | immediately preceding the meeting to fill the vacancy in the
| ||||||
19 | State
central committee. The person appointed to fill the | ||||||
20 | vacancy shall be a
resident of the
congressional district in | ||||||
21 | which the vacancy occurs, shall be a qualified voter,
and, in a | ||||||
22 | committee composed as provided in Alternative B, shall be of | ||||||
23 | the
same
sex as his or her
predecessor. A political party may, | ||||||
24 | by a majority vote of the
delegates of any State convention of | ||||||
25 | such party, determine to return
to the election of State | ||||||
26 | central committeeman and State central
committeewoman by the | ||||||
27 | vote of primary electors.
Any action taken by a political party | ||||||
28 | at a State convention in accordance
with this Section shall be | ||||||
29 | reported to the State Board of Elections by the
chairman and | ||||||
30 | secretary of such convention within 10 days after such action.
| ||||||
31 | Ward, Township and Precinct Committeemen
| ||||||
32 | (b) At the primary held on the third Tuesday in March, | ||||||
33 | 1972, and
every 4 years thereafter, each primary elector in | ||||||
34 | cities having a
population of 200,000 or over may vote for one |
| |||||||
| |||||||
1 | candidate of his party in
his ward for ward committeeman. Each | ||||||
2 | candidate for ward committeeman
must be a resident of and in | ||||||
3 | the ward where he seeks to be elected ward
committeeman. The | ||||||
4 | one having the highest number of votes shall be such
ward | ||||||
5 | committeeman of such party for such ward. At the primary | ||||||
6 | election
held on the third Tuesday in March, 1970, and every 4 | ||||||
7 | years thereafter,
each primary elector in counties containing a | ||||||
8 | population of 2,000,000 or
more, outside of cities containing a | ||||||
9 | population of 200,000 or more, may
vote for one candidate of | ||||||
10 | his party for township committeeman. Each
candidate for | ||||||
11 | township committeeman must be a resident of and in the
township | ||||||
12 | or part of a township (which lies outside of a city having a
| ||||||
13 | population of 200,000 or more, in counties containing a | ||||||
14 | population of
2,000,000 or more), and in which township or part | ||||||
15 | of a township he seeks
to be elected township committeeman. The | ||||||
16 | one having the highest number
of votes shall be such township | ||||||
17 | committeeman of such party for such
township or part of a | ||||||
18 | township. At the primary held on the third Tuesday
in March, | ||||||
19 | 1970 and every 2 years thereafter, each primary elector,
except | ||||||
20 | in counties having a population of 2,000,000 or over, may vote
| ||||||
21 | for one candidate of his party in his precinct for precinct
| ||||||
22 | committeeman. Each candidate for precinct committeeman must be | ||||||
23 | a bona
fide resident of the precinct where he seeks to be | ||||||
24 | elected precinct
committeeman. The one having the highest | ||||||
25 | number of votes shall be such
precinct committeeman of such | ||||||
26 | party for such precinct. The official
returns of the primary | ||||||
27 | shall show the name of the committeeman of each
political | ||||||
28 | party.
| ||||||
29 | Terms of Committeemen. All precinct committeemen elected | ||||||
30 | under the
provisions of this Article shall continue as such | ||||||
31 | committeemen until the
date of the primary to be held in the | ||||||
32 | second year after their election.
Except as otherwise provided | ||||||
33 | in this Section for certain State central
committeemen who have | ||||||
34 | 2 year terms, all State central committeemen, township
|
| |||||||
| |||||||
1 | committeemen and ward committeemen shall continue as such | ||||||
2 | committeemen
until the date of primary to be held in the fourth | ||||||
3 | year after their
election. However, a vacancy exists in the | ||||||
4 | office of precinct committeeman
when a precinct committeeman | ||||||
5 | ceases to reside in the precinct in which he
was elected and | ||||||
6 | such precinct committeeman shall thereafter neither have
nor | ||||||
7 | exercise any rights, powers or duties as committeeman in that | ||||||
8 | precinct,
even if a successor has not been elected or | ||||||
9 | appointed.
| ||||||
10 | (c) The Multi-Township Central Committee shall consist of | ||||||
11 | the precinct
committeemen of such party, in the multi-township | ||||||
12 | assessing district formed
pursuant to Section 2-10 of the | ||||||
13 | Property Tax Code and shall be organized for the purposes set | ||||||
14 | forth in Section
45-25 of the Township Code. In the | ||||||
15 | organization and proceedings of the
Multi-Township Central | ||||||
16 | Committee each precinct committeeman shall have one vote
for | ||||||
17 | each ballot voted in his precinct by the primary electors of | ||||||
18 | his party at
the primary at which he was elected.
| ||||||
19 | County Central Committee
| ||||||
20 | (d) The county central committee of each political party in | ||||||
21 | each
county shall consist of the various township committeemen, | ||||||
22 | precinct
committeemen and ward committeemen, if any, of such | ||||||
23 | party in the county.
In the organization and proceedings of the | ||||||
24 | county central committee,
each precinct committeeman shall | ||||||
25 | have one vote for each ballot voted in
his precinct by the | ||||||
26 | primary electors of his party at the primary at
which he was | ||||||
27 | elected; each township committeeman shall have one vote for
| ||||||
28 | each ballot voted in his township or part of a township as the | ||||||
29 | case may
be by the primary electors of his party at the primary | ||||||
30 | election
for the nomination of candidates for election to the | ||||||
31 | General Assembly
immediately preceding the meeting of the | ||||||
32 | county central committee; and
in the organization and | ||||||
33 | proceedings of the county central committee,
each ward | ||||||
34 | committeeman shall have one vote for each ballot voted in his
|
| |||||||
| |||||||
1 | ward 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.
| ||||||
5 | Cook County Board of Review Election District Committee
| ||||||
6 | (d-1) Each board of review election district committee of | ||||||
7 | each political
party in Cook County shall consist of the
| ||||||
8 | various township committeemen and ward committeemen, if any, of | ||||||
9 | that party in
the portions of the county composing the board of | ||||||
10 | review election district. In
the organization and proceedings | ||||||
11 | of each of the 3 election
district committees, each township | ||||||
12 | committeeman shall have one vote for each
ballot voted in his | ||||||
13 | or her township or part of a township, as the case may be,
by
| ||||||
14 | the primary electors of his or her party at the primary | ||||||
15 | election immediately
preceding the meeting of the board of | ||||||
16 | review election district committee; and
in the organization and | ||||||
17 | proceedings of each of the 3 election district
committees, each | ||||||
18 | ward committeeman shall have one vote for each
ballot voted in
| ||||||
19 | his or her ward or part of that ward, as the case may be, by the | ||||||
20 | primary
electors of his or her party at the primary election | ||||||
21 | immediately preceding the
meeting of the board of review | ||||||
22 | election district committee.
| ||||||
23 | Congressional Committee
| ||||||
24 | (e) The congressional committee of each party in each | ||||||
25 | congressional
district shall be composed of the chairmen of the | ||||||
26 | county central
committees of the counties composing the | ||||||
27 | congressional district, except
that in congressional districts | ||||||
28 | wholly within the territorial limits of
one county, or partly | ||||||
29 | within 2 or more counties, but not coterminous
with the county | ||||||
30 | lines of all of such counties, the precinct
committeemen, | ||||||
31 | township committeemen and ward committeemen, if any, of
the | ||||||
32 | party representing the precincts within the limits of the
| ||||||
33 | congressional district, shall compose the congressional | ||||||
34 | committee. A
State central committeeman in each district shall |
| |||||||
| |||||||
1 | be a member and the
chairman or, when a district has 2 State | ||||||
2 | central committeemen, a co-chairman
of the congressional | ||||||
3 | committee, but shall not have the right to
vote except in case | ||||||
4 | of a tie.
| ||||||
5 | In the organization and proceedings of congressional | ||||||
6 | committees
composed of precinct committeemen or township | ||||||
7 | committeemen or ward
committeemen, or any combination thereof, | ||||||
8 | each precinct committeeman
shall have one vote for each ballot | ||||||
9 | voted in his precinct by the primary
electors of his party at | ||||||
10 | the primary at which he was elected, each
township committeeman | ||||||
11 | shall have one vote for each ballot voted in his
township or | ||||||
12 | part of a township as the case may be by the primary
electors | ||||||
13 | of his party at the primary election immediately preceding the
| ||||||
14 | meeting of the congressional committee, and each ward | ||||||
15 | committeeman shall
have one vote for each ballot voted in each | ||||||
16 | precinct of his ward located
in such congressional district by | ||||||
17 | the primary electors of his party at
the primary election | ||||||
18 | immediately preceding the meeting of the
congressional | ||||||
19 | committee; and in the organization and proceedings of
| ||||||
20 | congressional committees composed of the chairmen of the county | ||||||
21 | central
committees of the counties within such district, each | ||||||
22 | chairman of such
county central committee shall have one vote | ||||||
23 | for each ballot voted in
his county by the primary electors of | ||||||
24 | his party at the primary election
immediately preceding the | ||||||
25 | meeting of the congressional committee.
| ||||||
26 | Judicial District Committee
| ||||||
27 | (f) The judicial district committee of each political party | ||||||
28 | in each
judicial district shall be composed of the chairman of | ||||||
29 | the county
central committees of the counties composing the | ||||||
30 | judicial district.
| ||||||
31 | In the organization and proceedings of judicial district | ||||||
32 | committees
composed of the chairmen of the county central | ||||||
33 | committees of the
counties within such district, each chairman | ||||||
34 | of such county central
committee shall have one vote for each |
| |||||||
| |||||||
1 | ballot voted in his county by the
primary electors of his party | ||||||
2 | at the primary election immediately
preceding the meeting of | ||||||
3 | the judicial district committee.
| ||||||
4 | Circuit Court Committee
| ||||||
5 | (g) The circuit court committee of each political party in | ||||||
6 | each
judicial circuit outside Cook County shall be composed of | ||||||
7 | the chairmen
of the county central committees of the counties | ||||||
8 | composing the judicial
circuit.
| ||||||
9 | In the organization and proceedings of circuit court | ||||||
10 | committees, each
chairman of a county central committee shall | ||||||
11 | have one vote for each
ballot voted in his county by the | ||||||
12 | primary electors of his party at the
primary election | ||||||
13 | immediately preceding the meeting of the circuit court
| ||||||
14 | committee.
| ||||||
15 | Judicial Subcircuit Committee
| ||||||
16 | (g-1) The judicial subcircuit committee of each political | ||||||
17 | party in
each judicial subcircuit in a judicial circuit divided | ||||||
18 | into subcircuits
shall be composed of (i) the ward and township | ||||||
19 | committeemen
of the townships and wards composing the judicial | ||||||
20 | subcircuit in Cook County and
(ii) the precinct committeemen of | ||||||
21 | the precincts
composing the judicial subcircuit in any county | ||||||
22 | other than Cook County.
| ||||||
23 | In the organization and proceedings of each judicial | ||||||
24 | subcircuit committee,
each township committeeman shall have | ||||||
25 | one vote for each ballot voted in his
township or part of a | ||||||
26 | township, as the case may be, in the judicial
subcircuit by the | ||||||
27 | primary electors of his party at the primary election
| ||||||
28 | immediately preceding the meeting of the judicial subcircuit | ||||||
29 | committee;
each precinct committeeman shall have one vote for | ||||||
30 | each ballot voted in his
precinct or part of a precinct, as the | ||||||
31 | case may be, in the judicial subcircuit
by the primary electors | ||||||
32 | of his party at the primary election immediately
preceding the | ||||||
33 | meeting of the judicial subcircuit committee;
and
each ward | ||||||
34 | committeeman shall have one vote for each ballot voted in his
|
| |||||||
| |||||||
1 | ward or part of a ward, as the case may be, in the judicial | ||||||
2 | subcircuit by
the primary electors of his party at the primary | ||||||
3 | election immediately
preceding the meeting of the judicial | ||||||
4 | subcircuit committee.
| ||||||
5 | Municipal Central Committee
| ||||||
6 | (h) The municipal central committee of each political party | ||||||
7 | shall be
composed of the precinct, township or ward | ||||||
8 | committeemen, as the case may
be, of such party representing | ||||||
9 | the precincts or wards, embraced in such
city, incorporated | ||||||
10 | town or village. The voting strength of each
precinct, township | ||||||
11 | or ward committeeman on the municipal central
committee shall | ||||||
12 | be the same as his voting strength on the county central
| ||||||
13 | committee.
| ||||||
14 | For political parties, other than a statewide political | ||||||
15 | party,
established only within a municipality or
township, the | ||||||
16 | municipal or township managing committee shall be composed
of | ||||||
17 | the party officers of the local established party. The party | ||||||
18 | officers
of a local established party shall be as follows: the | ||||||
19 | chairman and
secretary of the caucus for those municipalities | ||||||
20 | and townships authorized
by statute to nominate candidates by | ||||||
21 | caucus shall serve as party officers
for the purpose of filling | ||||||
22 | vacancies in nomination under Section
7-61; for municipalities | ||||||
23 | and townships authorized by statute or ordinance
to nominate | ||||||
24 | candidates by petition and primary election, the party officers
| ||||||
25 | shall be the party's candidates who are nominated at the | ||||||
26 | primary. If no party
primary was held because of the provisions | ||||||
27 | of Section 7-5, vacancies in
nomination shall be filled by the | ||||||
28 | party's remaining candidates who shall
serve as the party's | ||||||
29 | officers.
| ||||||
30 | Powers
| ||||||
31 | (i) Each committee and its officers shall have the powers | ||||||
32 | usually
exercised by such committees and by the officers | ||||||
33 | thereof, not
inconsistent with the provisions of this Article. | ||||||
34 | The several committees
herein provided for shall not have power |
| |||||||
| |||||||
1 | to delegate any of their
powers, or functions to any other | ||||||
2 | person, officer or committee, but this
shall not be construed | ||||||
3 | to prevent a committee from appointing from its
own membership | ||||||
4 | proper and necessary subcommittees.
| ||||||
5 | (j) The State central committee of a political party which | ||||||
6 | elects it
members by Alternative B under paragraph (a) of this | ||||||
7 | Section shall adopt a
plan to give effect to the delegate | ||||||
8 | selection rules of the national political
party and file a copy | ||||||
9 | of such plan with the State Board of Elections when
approved by | ||||||
10 | a national political party.
| ||||||
11 | (k) For the purpose of the designation of a proxy by a | ||||||
12 | Congressional
Committee to vote in place of an
absent State | ||||||
13 | central committeeman or committeewoman at meetings of the
State | ||||||
14 | central committee of a political party which elects its members | ||||||
15 | by
Alternative B under paragraph (a) of this Section, the proxy | ||||||
16 | shall be
appointed by the vote of the ward and township | ||||||
17 | committeemen, if any, of the
wards and townships which lie | ||||||
18 | entirely or partially within the
Congressional District from | ||||||
19 | which the absent State central committeeman or
committeewoman | ||||||
20 | was elected and the vote of the chairmen of the county
central | ||||||
21 | committees of those counties which lie entirely or partially | ||||||
22 | within
that Congressional District and in which there are no | ||||||
23 | ward or township
committeemen. When voting for such proxy the | ||||||
24 | county chairman, ward
committeeman or township committeeman, | ||||||
25 | as the case may be shall have one
vote for each ballot voted in | ||||||
26 | his county, ward or township, or portion
thereof within the | ||||||
27 | Congressional District, by the primary electors of his
party at | ||||||
28 | the primary at which he was elected. However, the absent State
| ||||||
29 | central committeeman or committeewoman may designate a proxy | ||||||
30 | when permitted
by the rules of a political party which elects | ||||||
31 | its members by Alternative B
under paragraph (a) of this | ||||||
32 | Section.
| ||||||
33 | Notwithstanding any law to the contrary, a person is | ||||||
34 | ineligible to hold the position of committeeperson in any |
| |||||||||||||||||
| |||||||||||||||||
1 | committee established pursuant to this Section if he or she is | ||||||||||||||||
2 | statutorily ineligible to vote in a general election because of | ||||||||||||||||
3 | conviction of a felony. When a committeeperson is convicted of | ||||||||||||||||
4 | a felony, the position occupied by that committeeperson shall | ||||||||||||||||
5 | automatically become vacant.
| ||||||||||||||||
6 | (Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03; | ||||||||||||||||
7 | 93-847, eff. 7-30-04.)
| ||||||||||||||||
8 | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| ||||||||||||||||
9 | Sec. 7-10. Form of petition for nomination. The name of no | ||||||||||||||||
10 | candidate for
nomination, or State central committeeman, or | ||||||||||||||||
11 | township committeeman, or
precinct committeeman, or ward | ||||||||||||||||
12 | committeeman or candidate for delegate or
alternate delegate to | ||||||||||||||||
13 | national nominating conventions, shall be printed
upon the | ||||||||||||||||
14 | primary ballot unless a petition for nomination has been filed | ||||||||||||||||
15 | in
his behalf as provided in this Article in substantially the | ||||||||||||||||
16 | following form:
| ||||||||||||||||
17 | We, the undersigned, members of and affiliated with the | ||||||||||||||||
18 | .... party
and qualified primary electors of the .... party, in | ||||||||||||||||
19 | the .... of ....,
in the county of .... and State of Illinois, | ||||||||||||||||
20 | do hereby petition that
the following named person or persons | ||||||||||||||||
21 | shall be a candidate or candidates
of the .... party for the | ||||||||||||||||
22 | nomination for (or in case of committeemen for
election to) the | ||||||||||||||||
23 | office or offices hereinafter specified, to be voted
for at the | ||||||||||||||||
24 | primary election to be held on (insert date).
| ||||||||||||||||
| |||||||||||||||||
28 | Name.................. Address.......................
| ||||||||||||||||
29 | State of Illinois)
| ||||||||||||||||
30 | ) ss.
| ||||||||||||||||
31 | County of........)
|
| |||||||
| |||||||
1 | I, ...., do hereby certify
that I reside at No. .... | ||||||
2 | street, in the .... of ...., county of ....,
and State of | ||||||
3 | ....., that I am 18 years of age or older, that
I am a citizen | ||||||
4 | of the United States, and that the signatures on this sheet
| ||||||
5 | were signed
in my presence, and are genuine, and that to the | ||||||
6 | best of my knowledge
and belief the persons so signing were at | ||||||
7 | the time of signing the
petitions qualified voters of the .... | ||||||
8 | party, and that their respective
residences are correctly | ||||||
9 | stated, as above set forth.
| ||||||
10 | .........................
| ||||||
11 | Subscribed and sworn to before me on (insert date).
| ||||||
12 | .........................
| ||||||
13 | |||||||
14 | Each sheet of the petition other than the statement of | ||||||
15 | candidacy and
candidate's statement shall be of uniform size | ||||||
16 | and shall contain above
the space for signatures an appropriate | ||||||
17 | heading giving the information
as to name of candidate or | ||||||
18 | candidates, in whose behalf such petition is
signed; the | ||||||
19 | office, the political party represented and place of
residence; | ||||||
20 | and the heading of each sheet shall be the same.
| ||||||
21 | Such petition shall be signed by qualified primary electors | ||||||
22 | residing
in the political division for which the nomination is | ||||||
23 | sought in their
own proper persons only and opposite the | ||||||
24 | signature of each signer, his
residence address shall be | ||||||
25 | written or printed. The residence address
required to be | ||||||
26 | written or printed opposite each qualified primary elector's
| ||||||
27 | name shall include the street address or rural route number of | ||||||
28 | the signer,
as the case may be, as well as the signer's county, | ||||||
29 | and city, village or
town, and state.
However the county or | ||||||
30 | city, village or town, and state of residence of
the electors | ||||||
31 | may be printed on the petition forms where all of the
electors | ||||||
32 | signing the petition reside in the same county or city, village
| ||||||
33 | or town, and state. Standard abbreviations may be used in |
| |||||||
| |||||||
1 | writing the
residence address, including street number, if any. | ||||||
2 | At the bottom of
each sheet of such petition shall be added a | ||||||
3 | circulator statement signed by
a person 18 years of age or | ||||||
4 | older who is a citizen of the United States,
stating the street | ||||||
5 | address or rural route number, as the case may be, as well
as | ||||||
6 | the county, city, village or town, and state;
and certifying | ||||||
7 | that the signatures on that sheet of the petition were signed | ||||||
8 | in
his or her presence and certifying that the signatures are | ||||||
9 | genuine; and
either (1) indicating the dates on which that | ||||||
10 | sheet was circulated, or (2)
indicating the first and last | ||||||
11 | dates on which the sheet was circulated, or (3)
certifying that | ||||||
12 | none of the signatures on the sheet were signed more than 90
| ||||||
13 | days preceding the last day for the filing of the petition and | ||||||
14 | certifying that
to the best of his or her knowledge and belief | ||||||
15 | the persons so signing were at
the time of signing the | ||||||
16 | petitions qualified voters of the political party for
which a | ||||||
17 | nomination is sought. Such statement shall be sworn to before | ||||||
18 | some
officer authorized to administer oaths in this State.
| ||||||
19 | No petition sheet shall be circulated more than 90 days | ||||||
20 | preceding the
last day provided in Section 7-12 for the filing | ||||||
21 | of such petition.
| ||||||
22 | The person circulating the petition, or the candidate on | ||||||
23 | whose behalf the
petition is circulated, may strike any | ||||||
24 | signature from the petition,
provided that:
| ||||||
25 | (1) the person striking the signature shall initial the | ||||||
26 | petition at
the place where the signature is struck; and
| ||||||
27 | (2) the person striking the signature shall sign a | ||||||
28 | certification
listing the page number and line number of | ||||||
29 | each signature struck from
the petition. Such | ||||||
30 | certification shall be filed as a part of the petition.
| ||||||
31 | Such sheets before being filed shall be neatly fastened | ||||||
32 | together in
book form, by placing the sheets in a pile and | ||||||
33 | fastening them together
at one edge in a secure and suitable | ||||||
34 | manner, and the sheets shall then
be numbered consecutively. |
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
1 | The sheets shall not be fastened by pasting
them together end | |||||||||||||||||||||||||||||
2 | to end, so as to form a continuous strip or roll. All
petition | |||||||||||||||||||||||||||||
3 | sheets which are filed with the proper local election | |||||||||||||||||||||||||||||
4 | officials,
election authorities or the State Board of Elections | |||||||||||||||||||||||||||||
5 | shall be the original
sheets which have been signed by the | |||||||||||||||||||||||||||||
6 | voters and by the circulator thereof,
and not photocopies or | |||||||||||||||||||||||||||||
7 | duplicates of such sheets. Each petition must include
as a part | |||||||||||||||||||||||||||||
8 | thereof, a statement of candidacy for each of the candidates | |||||||||||||||||||||||||||||
9 | filing,
or in whose behalf the petition is filed. This | |||||||||||||||||||||||||||||
10 | statement shall set out the
address of such candidate, the | |||||||||||||||||||||||||||||
11 | office for which he is a candidate, shall state
that the | |||||||||||||||||||||||||||||
12 | candidate is a qualified primary voter of the party to which | |||||||||||||||||||||||||||||
13 | the
petition relates and is qualified for the office specified | |||||||||||||||||||||||||||||
14 | (in the case of a
candidate for State's Attorney it shall state | |||||||||||||||||||||||||||||
15 | that the candidate is at the time
of filing such statement a | |||||||||||||||||||||||||||||
16 | licensed attorney-at-law of this State), shall state
that he | |||||||||||||||||||||||||||||
17 | has filed (or will file before the close of the petition filing | |||||||||||||||||||||||||||||
18 | period)
a statement of economic interests as required by the | |||||||||||||||||||||||||||||
19 | Illinois Governmental
Ethics Act, shall request that the | |||||||||||||||||||||||||||||
20 | candidate's name be placed upon the official
ballot, and shall | |||||||||||||||||||||||||||||
21 | be subscribed and sworn to by such candidate before some
| |||||||||||||||||||||||||||||
22 | officer authorized to take acknowledgment of deeds in the State | |||||||||||||||||||||||||||||
23 | and shall be in
substantially the following form:
| |||||||||||||||||||||||||||||
24 | Statement of Candidacy
| |||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
29 | State of Illinois)
| |||||||||||||||||||||||||||||
30 | ) ss.
| |||||||||||||||||||||||||||||
31 | County of .......)
| |||||||||||||||||||||||||||||
32 | I, ...., being first duly sworn, say that I reside at .... | |||||||||||||||||||||||||||||
33 | Street in the city
(or village) of ...., in the county of ...., |
| |||||||
| |||||||
1 | State of Illinois; that I
am a qualified voter therein and am a | ||||||
2 | qualified primary voter of the ....
party; that I am a | ||||||
3 | candidate for nomination (for election in the case of
| ||||||
4 | committeeman and delegates and alternate delegates) to the | ||||||
5 | office of ....
to be voted upon at the primary election to be | ||||||
6 | held on (insert date); that I am
legally qualified (including
| ||||||
7 | being the holder of any license that may be an eligibility | ||||||
8 | requirement
for the office I seek the nomination for) to hold | ||||||
9 | such office and that I
have filed (or I will file before the | ||||||
10 | close of the petition filing period)
a statement of economic | ||||||
11 | interests as required by the Illinois
Governmental Ethics Act | ||||||
12 | and I hereby request that my name be printed
upon the official | ||||||
13 | primary ballot for nomination for (or election to in
the case | ||||||
14 | of committeemen and delegates and alternate delegates) such
| ||||||
15 | 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 ....................
| ||||||
20 | (Official Character)
| ||||||
21 | (Seal, if officer has one.)
| ||||||
22 | The petitions, when filed, shall not be withdrawn or added | ||||||
23 | to, and no
signatures shall be revoked except by revocation | ||||||
24 | filed in writing with
the State Board of Elections, election | ||||||
25 | authority or local election
official with whom the petition is | ||||||
26 | required to be filed, and before the
filing of such petition. | ||||||
27 | Whoever forges the name of a signer upon any
petition required | ||||||
28 | by this Article is deemed guilty of a forgery and on
conviction | ||||||
29 | thereof shall be punished accordingly.
| ||||||
30 | A candidate for the offices listed in this Section must | ||||||
31 | obtain the number
of signatures specified in this Section on | ||||||
32 | his or her petition for nomination.
| ||||||
33 | (a) Statewide office or delegate to a national nominating |
| |||||||
| |||||||
1 | convention. If a
candidate seeks to run for statewide office or | ||||||
2 | as a delegate or alternate
delegate to a national nominating | ||||||
3 | convention elected from the State at-large,
then the | ||||||
4 | candidate's petition for nomination must contain at least 5,000 | ||||||
5 | but
not more than 10,000 signatures.
| ||||||
6 | (b) Congressional office or congressional delegate to a | ||||||
7 | national nominating
convention. If a candidate seeks to run for | ||||||
8 | United States Congress or as a
congressional delegate or | ||||||
9 | alternate congressional delegate to a national
nominating | ||||||
10 | convention elected from a congressional district, then the
| ||||||
11 | candidate's petition for nomination must contain at least the | ||||||
12 | number of
signatures equal to 0.5% of the qualified primary | ||||||
13 | electors of his or her party
in his or her congressional | ||||||
14 | district. In the first primary election following a
| ||||||
15 | redistricting of congressional districts, a candidate's | ||||||
16 | petition for nomination
must contain at least 600 signatures of | ||||||
17 | qualified primary electors of the
candidate's political party | ||||||
18 | in his or her congressional district.
| ||||||
19 | (c) County office. If a candidate seeks to run for any | ||||||
20 | countywide office,
including but not limited to county board | ||||||
21 | chairperson or county board
member, elected on an at-large | ||||||
22 | basis, in a county other than Cook County,
then the candidate's | ||||||
23 | petition for nomination must contain at least the number
of | ||||||
24 | signatures equal to 0.5% of the qualified electors of his or | ||||||
25 | her party who
cast votes at the last preceding general election | ||||||
26 | in his or her county. If a
candidate
seeks to run for county | ||||||
27 | board member elected from a county board district, then
the | ||||||
28 | candidate's petition for nomination must contain at least the | ||||||
29 | number of
signatures equal to 0.5% of the qualified primary | ||||||
30 | electors of his or her party
in the
county board district. In | ||||||
31 | the first primary election following a redistricting
of county | ||||||
32 | board districts or the initial establishment of county board
| ||||||
33 | districts, a candidate's petition for nomination must contain | ||||||
34 | at least the
number of signatures equal to 0.5% of the |
| |||||||
| |||||||
1 | qualified electors of his or her
party
in the entire county who | ||||||
2 | cast votes at the last preceding general election
divided by | ||||||
3 | the
total number of county board districts comprising the | ||||||
4 | county board; provided
that
in no event shall the number of | ||||||
5 | signatures be less than 25.
| ||||||
6 | (d) County office; Cook County only.
| ||||||
7 | (1) If a candidate seeks to run for countywide office | ||||||
8 | in Cook County,
then the candidate's petition for | ||||||
9 | nomination must contain at least the number
of signatures | ||||||
10 | equal to 0.5% of the qualified electors of his or her party | ||||||
11 | who
cast votes at the last preceding general election in | ||||||
12 | Cook County.
| ||||||
13 | (2) If a candidate seeks to run for Cook County Board | ||||||
14 | Commissioner,
then the candidate's petition for nomination | ||||||
15 | must contain at least the number
of signatures equal to | ||||||
16 | 0.5% of
the qualified primary electors of his or her party | ||||||
17 | in his or her county board
district. In the first primary | ||||||
18 | election following a redistricting of Cook
County Board of | ||||||
19 | Commissioners districts, a candidate's petition for
| ||||||
20 | nomination must contain at least the number of signatures | ||||||
21 | equal to 0.5% of
the qualified electors of his or her party | ||||||
22 | in the entire county who cast votes
at the last
preceding | ||||||
23 | general election divided by the total number of county | ||||||
24 | board
districts comprising the county board; provided that | ||||||
25 | in no event shall the
number of signatures be less than 25.
| ||||||
26 | (3) If a candidate seeks to run for Cook County Board | ||||||
27 | of Review
Commissioner, which is elected from a district | ||||||
28 | pursuant to subsection (c)
of Section 5-5 of the Property | ||||||
29 | Tax Code, then the candidate's petition for
nomination must | ||||||
30 | contain at least the number of signatures equal to 0.5% of
| ||||||
31 | the total number of registered voters in his or her board | ||||||
32 | of
review district in the last general election at which a | ||||||
33 | commissioner was
regularly scheduled to be elected from | ||||||
34 | that board of review district. In no
event shall the number |
| |||||||
| |||||||
1 | of signatures required be greater than the requisite
number | ||||||
2 | for a candidate who seeks countywide office in Cook County
| ||||||
3 | under subsection (d)(1) of this Section. In the first | ||||||
4 | primary election
following a redistricting of Cook County | ||||||
5 | Board of Review districts, a
candidate's petition for | ||||||
6 | nomination must contain at least 4,000 signatures
or at | ||||||
7 | least the number of signatures required for a countywide | ||||||
8 | candidate in
Cook County, whichever is less,
of the | ||||||
9 | qualified electors of his or her party in the district.
| ||||||
10 | (e) Municipal or township office. If a candidate seeks to | ||||||
11 | run for municipal
or township office, then the candidate's | ||||||
12 | petition for nomination must contain
at least the number of | ||||||
13 | signatures equal to 0.5% of the qualified primary
electors of | ||||||
14 | his or her party in the municipality or township. If a | ||||||
15 | candidate
seeks to run for alderman of a municipality, then the | ||||||
16 | candidate's petition for
nomination must contain at least the | ||||||
17 | number of signatures equal to 0.5% of the
qualified primary | ||||||
18 | electors of his or her party of the ward. In the first
primary | ||||||
19 | election following redistricting of aldermanic wards or | ||||||
20 | trustee
districts of a municipality or the initial | ||||||
21 | establishment of wards or districts,
a candidate's petition for | ||||||
22 | nomination must contain the number of signatures
equal to at | ||||||
23 | least 0.5% of the total number of votes cast for the candidate | ||||||
24 | of
that political party who received the highest number of | ||||||
25 | votes in the entire
municipality at the last regular election | ||||||
26 | at which an officer was regularly
scheduled to be elected from
| ||||||
27 | the entire municipality, divided by the number of wards or | ||||||
28 | districts. In no
event shall the number of signatures be less | ||||||
29 | than 25.
| ||||||
30 | (f) State central committeeperson. If a candidate seeks to | ||||||
31 | run for State
central committeeperson, then the candidate's | ||||||
32 | petition for nomination must
contain at least 100 signatures of | ||||||
33 | the primary electors of his or her party of
his or
her | ||||||
34 | congressional district.
|
| |||||||
| |||||||
1 | (g) Sanitary district trustee. If a candidate seeks to run | ||||||
2 | for trustee of a
sanitary district in which trustees are not | ||||||
3 | elected from wards, then the
candidate's petition for | ||||||
4 | nomination must contain at least the number of
signatures equal | ||||||
5 | to 0.5% of the primary electors of his or her party from the
| ||||||
6 | sanitary district. If a candidate seeks to run for trustee
of a | ||||||
7 | sanitary district in which trustees are elected from wards, | ||||||
8 | then the
candidate's petition for
nomination must contain at | ||||||
9 | least the number of signatures equal to 0.5% of the
primary | ||||||
10 | electors of his or her party in the ward of that sanitary | ||||||
11 | district. In
the
first primary election following | ||||||
12 | redistricting of sanitary districts elected
from wards, a | ||||||
13 | candidate's petition for nomination must contain at least the
| ||||||
14 | signatures of 150 qualified primary electors of his or her ward | ||||||
15 | of that
sanitary district.
| ||||||
16 | (h) Judicial office. If a candidate seeks to run for | ||||||
17 | judicial office in a district, then the candidate's petition | ||||||
18 | for nomination must contain the number of signatures equal to | ||||||
19 | 0.4% of the number of votes cast in that district for the | ||||||
20 | candidate for his or her political party for the office of | ||||||
21 | Governor at the last general election at which a Governor was | ||||||
22 | elected, but in no event less than 500 signatures. If a | ||||||
23 | candidate seeks to run for judicial office in a
district,
| ||||||
24 | circuit , or subcircuit, then the candidate's petition for | ||||||
25 | nomination
must contain the number of signatures equal to 0.25% | ||||||
26 | of the number of votes
cast for the judicial candidate of his | ||||||
27 | or her political party who received the
highest number of votes
| ||||||
28 | at the last general election at which a judicial
officer from | ||||||
29 | the same district, circuit , or subcircuit was regularly | ||||||
30 | scheduled
to be elected, but in no event less than 500 | ||||||
31 | signatures.
| ||||||
32 | (i) Precinct, ward, and township committeeperson. If a | ||||||
33 | candidate seeks to
run for precinct committeeperson, then the | ||||||
34 | candidate's petition for nomination
must contain at least 10 |
| |||||||
| |||||||
1 | signatures of the primary electors of his or her
party for the | ||||||
2 | precinct. If a candidate seeks to run for ward committeeperson,
| ||||||
3 | then the candidate's petition for nomination must contain no | ||||||
4 | less than the
number of signatures equal to 10% of the primary | ||||||
5 | electors of his or her party
of the ward, but no more than 16% | ||||||
6 | of those same electors; provided that the
maximum number of | ||||||
7 | signatures may be 50 more than the minimum number, whichever
is | ||||||
8 | greater. If a candidate seeks to run for township | ||||||
9 | committeeperson, then the
candidate's petition for nomination | ||||||
10 | must contain no less than the number of
signatures equal to 5% | ||||||
11 | of the primary electors of his or her party of the
township, | ||||||
12 | but no more than 8% of those same electors;
provided that the | ||||||
13 | maximum number of signatures may be 50 more than the
minimum | ||||||
14 | number, whichever is greater.
| ||||||
15 | (j) State's attorney or regional superintendent of schools | ||||||
16 | for multiple
counties. If
a candidate seeks to run for State's | ||||||
17 | attorney or regional Superintendent of
Schools who serves more | ||||||
18 | than one county, then the candidate's petition for
nomination | ||||||
19 | must contain at least the number of signatures equal to 0.5% of | ||||||
20 | the
primary electors of his or her party in the territory | ||||||
21 | comprising the counties.
| ||||||
22 | (k) Any other office. If a candidate seeks any other | ||||||
23 | office, then the
candidate's petition for nomination must | ||||||
24 | contain at least the number of
signatures equal to 0.5% of the | ||||||
25 | registered voters of the political subdivision,
district, or | ||||||
26 | division for which the nomination is made or 25 signatures,
| ||||||
27 | whichever is greater.
| ||||||
28 | For purposes of this Section the number of primary electors | ||||||
29 | shall be
determined by taking the total vote cast, in the | ||||||
30 | applicable district, for the
candidate for that political party | ||||||
31 | who received the highest number of votes,
statewide, at the | ||||||
32 | last general election in the State at which electors for
| ||||||
33 | President of the United States were elected. For political | ||||||
34 | subdivisions, the
number of primary electors shall be |
| |||||||
| |||||||
1 | determined by taking the total vote
cast for the candidate for | ||||||
2 | that political party who received the highest number
of votes | ||||||
3 | in the political subdivision at the last regular election at | ||||||
4 | which an
officer was regularly scheduled to be elected from | ||||||
5 | that subdivision. For wards
or districts of political | ||||||
6 | subdivisions, the number of primary electors shall be
| ||||||
7 | determined by taking the total vote cast for the candidate for | ||||||
8 | that political
party who received the highest number of votes | ||||||
9 | in the ward or district at the
last regular election at which | ||||||
10 | an officer was regularly scheduled to be elected
from that ward | ||||||
11 | or district.
| ||||||
12 | A "qualified primary elector" of a party may not
sign | ||||||
13 | petitions for or be a candidate in the primary of more than
one | ||||||
14 | party.
| ||||||
15 | The changes made to this Section of this amendatory Act of | ||||||
16 | the 93rd General
Assembly are declarative of existing law, | ||||||
17 | except for item (3) of subsection
(d).
| ||||||
18 | Petitions of candidates for nomination for offices herein | ||||||
19 | specified,
to be filed with the same officer, may contain the | ||||||
20 | names of 2 or more
candidates of the same political party for | ||||||
21 | the same or different
offices.
| ||||||
22 | (Source: P.A. 92-16, eff. 6-28-01; 92-129, eff. 7-20-01; | ||||||
23 | 93-574, eff.
8-21-03 .)
| ||||||
24 | (10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
| ||||||
25 | Sec. 7-15. At least 60 days prior to each general and | ||||||
26 | consolidated primary,
the election authority shall provide | ||||||
27 | public notice, calculated to reach
elderly and handicapped | ||||||
28 | voters, of the availability of registration and
voting aids | ||||||
29 | under the Federal Voting Accessibility for the Elderly and
| ||||||
30 | Handicapped Act, of the availability of assistance in marking | ||||||
31 | the ballot,
and procedures for voting by absentee ballot , and | ||||||
32 | procedures for early
voting
by personal appearance .
At least 20 | ||||||
33 | days before the general primary the county
clerk of each |
| |||||||
| |||||||
1 | county, and not more than 30 nor less than 10 days before
the | ||||||
2 | consolidated primary the election authority, shall prepare in | ||||||
3 | the
manner provided in this Act, a notice of such primary which | ||||||
4 | notice shall
state the time and place of holding the primary, | ||||||
5 | the hours during which
the polls will be open, the offices for | ||||||
6 | which candidates will be
nominated at such primary and the | ||||||
7 | political parties entitled to
participate therein, | ||||||
8 | notwithstanding that no candidate of any such
political party | ||||||
9 | may be entitled to have his name printed on the primary
ballot. | ||||||
10 | Such notice shall also include the list of addresses of
| ||||||
11 | precinct polling places for the consolidated primary unless | ||||||
12 | such list is
separately published by the election authority not | ||||||
13 | less than 10 days
before the consolidated primary.
| ||||||
14 | In counties, municipalities, or towns having fewer than | ||||||
15 | 500,000
inhabitants notice of the general primary shall be | ||||||
16 | published once in two
or more newspapers published in the | ||||||
17 | county, municipality or town, as the
case may be, or if there | ||||||
18 | is no such newspaper, then in any two or more
newspapers | ||||||
19 | published in the county and having a general circulation
| ||||||
20 | throughout the community.
| ||||||
21 | In counties, municipalities, or towns having 500,000 or | ||||||
22 | more
inhabitants notice of the general primary shall be | ||||||
23 | published at least 15
days prior to the primary by the same | ||||||
24 | authorities and in the same manner
as notice of election for | ||||||
25 | general elections are required to be published
in counties, | ||||||
26 | municipalities or towns of 500,000 or more inhabitants
under | ||||||
27 | this Act.
| ||||||
28 | Notice of the consolidated primary shall be published once | ||||||
29 | in one or
more newspapers published in each political | ||||||
30 | subdivision having such
primary, and if there is no such | ||||||
31 | newspaper, then published once in a
local, community newspaper | ||||||
32 | having general circulation in the
subdivision, and also once in | ||||||
33 | a newspaper published in the county
wherein the political | ||||||
34 | subdivisions, or portions thereof, having such
primary are |
| |||||||
| |||||||
1 | situated.
| ||||||
2 | (Source: P.A. 84-808.)
| ||||||
3 | (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
| ||||||
4 | Sec. 7-34. Pollwatchers in a primary election shall be | ||||||
5 | authorized in
the following manner:
| ||||||
6 | (1) Each established political party shall be entitled to | ||||||
7 | appoint
one pollwatcher per precinct. Such pollwatchers must be | ||||||
8 | affiliated with
the political party for which they are | ||||||
9 | pollwatching and must be a registered
voter in Illinois.
| ||||||
10 | (2) Each candidate shall be entitled to appoint two | ||||||
11 | pollwatchers per
precinct. For Federal, State, and county , | ||||||
12 | township, and municipal primary elections, the
pollwatchers | ||||||
13 | must be registered to vote in Illinois.
| ||||||
14 | (3) Each organization of citizens within the county or | ||||||
15 | political
subdivision, which has among its purposes or | ||||||
16 | interests the investigation
or prosecution of election frauds, | ||||||
17 | and which shall have registered its
name and address and the | ||||||
18 | names and addresses of its principal officers
with the proper | ||||||
19 | election authority at least 40 days before the primary
| ||||||
20 | election, shall be entitled to appoint one pollwatcher per | ||||||
21 | precinct.
For all primary elections, the pollwatcher must be | ||||||
22 | registered to vote in
Illinois.
| ||||||
23 | (4) Each organized group of proponents or opponents of a | ||||||
24 | ballot
proposition, which shall have registered the name and | ||||||
25 | address of its
organization or committee and the name and | ||||||
26 | address of its chairman with
the proper election authority at | ||||||
27 | least 40 days before the primary
election, shall be entitled to | ||||||
28 | appoint one pollwatcher per precinct. The
pollwatcher must be | ||||||
29 | registered to vote in Illinois.
| ||||||
30 | (5) In any primary election held to nominate candidates for | ||||||
31 | the offices
of a municipality of less than 3,000,000 population | ||||||
32 | that is situated in
2 or more counties, a pollwatcher who is a | ||||||
33 | resident of a county in which
any part of the municipality is
|
| |||||||
| |||||||
1 | situated shall be eligible to serve as a pollwatcher in any | ||||||
2 | polling place
located within such municipality, provided that | ||||||
3 | such pollwatcher otherwise
complies with the respective | ||||||
4 | requirements of subsections (1) through (4)
of this Section and | ||||||
5 | is a registered voter whose residence is within
Illinois.
| ||||||
6 | All pollwatchers shall be required to have proper | ||||||
7 | credentials. Such
credentials shall be printed in sufficient | ||||||
8 | quantities, shall be issued
by and under the facsimile | ||||||
9 | signature(s) of the election authority and
shall be available | ||||||
10 | for distribution at least 2 weeks prior to the
election. Such | ||||||
11 | credentials shall be authorized by the real or facsimile
| ||||||
12 | signature of the State or local party official or the candidate | ||||||
13 | or the
presiding officer of the civic organization or the | ||||||
14 | chairman of the
proponent or opponent group, as the case may | ||||||
15 | be.
| ||||||
16 | Pollwatcher credentials shall be in substantially the | ||||||
17 | following form:
| ||||||
18 | POLLWATCHER CREDENTIALS
| ||||||
19 | TO THE JUDGES OF ELECTION:
| ||||||
20 | In accordance with the provisions of the Election Code,
the | ||||||
21 | undersigned hereby appoints ........... (name of pollwatcher)
| ||||||
22 | at .......... (address) in the county of ...........,
| ||||||
23 | .......... (township or municipality) of ........... (name), | ||||||
24 | State of Illinois
and who is duly registered to vote from this | ||||||
25 | address,
to act as a pollwatcher in the ........... precinct of | ||||||
26 | the
.......... ward (if applicable) of the ...........
| ||||||
27 | (township or municipality) of ........... at the
........... | ||||||
28 | election to be held on (insert date).
| ||||||
29 | ........................ (Signature of Appointing Authority)
| ||||||
30 | ........................ TITLE (party official, candidate,
| ||||||
31 | civic organization president,
| ||||||
32 | proponent or opponent group chairman)
| ||||||
33 | Under penalties provided by law pursuant to Section 29-10 |
| |||||||
| |||||||
1 | of the
Election Code, the undersigned pollwatcher certifies | ||||||
2 | that he or she resides
at .............. (address) in the | ||||||
3 | county of ........., ......... (township
or municipality) of | ||||||
4 | .......... (name), State of Illinois, and is duly
registered to | ||||||
5 | vote in Illinois.
| ||||||
6 | ........................... ..........................
| ||||||
7 | (Precinct and/or Ward in (Signature of Pollwatcher)
| ||||||
8 | Which Pollwatcher Resides)
| ||||||
9 | Pollwatchers must present their credentials to the Judges | ||||||
10 | of Election
upon entering the polling place. Pollwatcher | ||||||
11 | credentials properly
executed and signed shall be proof of the | ||||||
12 | qualifications of the
pollwatcher authorized thereby. Such | ||||||
13 | credentials are retained by the
Judges and returned to the | ||||||
14 | Election Authority at the end of the day of election
with the | ||||||
15 | other election materials. Once a pollwatcher has surrendered a
| ||||||
16 | valid credential, he may leave and reenter the polling place | ||||||
17 | provided
that such continuing action does not disrupt the | ||||||
18 | conduct of the election.
Pollwatchers may be substituted during | ||||||
19 | the course of the day, but established
political parties, | ||||||
20 | candidates, qualified civic organizations and proponents
and | ||||||
21 | opponents of a ballot proposition can have only as many | ||||||
22 | pollwatchers
at any given time as are authorized in this | ||||||
23 | Article. A substitute must
present his signed credential to the | ||||||
24 | judges of election upon entering the
polling place. Election | ||||||
25 | authorities must provide a sufficient number of
credentials to | ||||||
26 | allow for substitution of pollwatchers.
After the polls have | ||||||
27 | closed, pollwatchers shall be allowed to
remain until the | ||||||
28 | canvass of votes is completed; but may leave and
reenter only | ||||||
29 | in cases of necessity, provided that such action is not so
| ||||||
30 | continuous as to disrupt the canvass of votes.
| ||||||
31 | Candidates seeking office in a district or municipality | ||||||
32 | encompassing 2
or more counties shall be admitted to any and | ||||||
33 | all polling places throughout
such district or municipality |
| |||||||
| |||||||
1 | without regard to the counties in which such
candidates are | ||||||
2 | registered to vote. Actions of such candidates shall be
| ||||||
3 | governed in each polling place by the same privileges and | ||||||
4 | limitations that
apply to pollwatchers as provided in this | ||||||
5 | Section. Any such candidate who
engages in an activity in a | ||||||
6 | polling place which could reasonably be
construed by a majority | ||||||
7 | of the judges of election as campaign activity
shall be removed | ||||||
8 | forthwith from such polling place.
| ||||||
9 | Candidates seeking office in a district or municipality | ||||||
10 | encompassing 2 or
more counties who desire to be admitted to | ||||||
11 | polling places on election day
in such district or municipality | ||||||
12 | shall be required to have proper
credentials. Such credentials | ||||||
13 | shall be printed in sufficient quantities,
shall be issued by | ||||||
14 | and under the facsimile signature of the
election authority of | ||||||
15 | the election jurisdiction where the polling place in
which the | ||||||
16 | candidate seeks admittance is located, and shall be available | ||||||
17 | for
distribution at least 2 weeks prior to the election. Such | ||||||
18 | credentials shall
be signed by the candidate.
| ||||||
19 | Candidate credentials shall be in substantially the | ||||||
20 | following form:
| ||||||
21 | CANDIDATE CREDENTIALS
| ||||||
22 | TO THE JUDGES OF ELECTION:
| ||||||
23 | In accordance with the provisions of the Election Code, I | ||||||
24 | ...... (name of
candidate) hereby certify that I am a candidate | ||||||
25 | for ....... (name of
office) and seek admittance to ....... | ||||||
26 | precinct of the ....... ward (if
applicable) of the ....... | ||||||
27 | (township or municipality) of ....... at the
....... election | ||||||
28 | to be held on (insert date).
| ||||||
29 | ......................... .......................
| ||||||
30 | (Signature of Candidate) OFFICE FOR WHICH
| ||||||
31 | CANDIDATE SEEKS
| ||||||
32 | NOMINATION OR
| ||||||
33 | ELECTION
|
| |||||||
| |||||||
1 | Pollwatchers shall be permitted to observe all proceedings | ||||||
2 | and view all reasonably requested records relating
to the | ||||||
3 | conduct of the election , provided the secrecy of the ballot is | ||||||
4 | not impinged, and to station themselves in a position
in the | ||||||
5 | voting room as will enable them to observe the judges making | ||||||
6 | the
signature comparison between the voter application and the | ||||||
7 | voter
registration record card; provided, however, that such | ||||||
8 | pollwatchers
shall not be permitted to station themselves in | ||||||
9 | such close proximity to
the judges of election so as to | ||||||
10 | interfere with the orderly conduct of
the election and shall | ||||||
11 | not, in any event, be permitted to handle
election materials. | ||||||
12 | Pollwatchers may challenge for cause the voting
qualifications | ||||||
13 | of a person offering to vote and may call to the
attention of | ||||||
14 | the judges of election any incorrect procedure or apparent
| ||||||
15 | violations of this Code.
| ||||||
16 | If a majority of the judges of election determine that the | ||||||
17 | polling
place has become too overcrowded with pollwatchers so | ||||||
18 | as to interfere
with the orderly conduct of the election, the | ||||||
19 | judges shall, by lot,
limit such pollwatchers to a reasonable | ||||||
20 | number, except that each
candidate and each established or new | ||||||
21 | political party shall be permitted
to have at least one | ||||||
22 | pollwatcher present.
| ||||||
23 | Representatives of an election authority, with regard to an | ||||||
24 | election
under its jurisdiction, the State Board of Elections, | ||||||
25 | and law
enforcement agencies, including but not limited to a | ||||||
26 | United States
Attorney, a State's attorney, the Attorney | ||||||
27 | General, and a State, county,
or local police department, in | ||||||
28 | the performance of their official
election duties, shall be | ||||||
29 | permitted at all times to enter and remain in
the polling | ||||||
30 | place. Upon entering the polling place, such
representatives | ||||||
31 | shall display their official credentials or other
| ||||||
32 | identification to the judges of election.
| ||||||
33 | Uniformed police officers assigned to polling place duty |
| |||||||
| |||||||
1 | shall follow
all lawful instructions of the judges of election.
| ||||||
2 | The provisions of this Section shall also apply to | ||||||
3 | supervised casting of
absentee ballots as provided in Section | ||||||
4 | 19-12.2 of this Act.
| ||||||
5 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
6 | (10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
| ||||||
7 | Sec. 7-56. As soon as complete returns are delivered to the | ||||||
8 | proper election
authority, the returns shall be canvassed for | ||||||
9 | all primary elections as follows:
| ||||||
10 | 1. In the case of the nomination of candidates for city | ||||||
11 | offices, by
the mayor, the city attorney and the city clerk.
| ||||||
12 | 2. In the case of nomination of candidates for village
| ||||||
13 | offices, by the president of the board of trustees,
one member | ||||||
14 | of the board of trustees, and the village clerk.
| ||||||
15 | 3. In the case of nomination of candidates for township | ||||||
16 | offices, by the
town supervisor, the town assessor and the town | ||||||
17 | clerk; in the case of
nomination of candidates for incorporated | ||||||
18 | town offices, by the corporate
authorities of the incorporated | ||||||
19 | town.
| ||||||
20 | 3.5. For multi-township assessment districts, by the | ||||||
21 | chairman, clerk,
and assessor of the multi-township assessment | ||||||
22 | district.
| ||||||
23 | 4. For road district offices, by the highway commissioner | ||||||
24 | and the road
district clerk.
| ||||||
25 | 5. The officers who are charged by law with the duty of | ||||||
26 | canvassing
returns of general elections made to the county | ||||||
27 | clerk, shall also open
and canvass the returns of a primary | ||||||
28 | made to such county clerk. Upon the
completion of the canvass | ||||||
29 | of the returns by the county canvassing board,
said canvassing | ||||||
30 | board shall make a tabulated statement of the returns
for each | ||||||
31 | political party separately, stating in appropriate columns and
| ||||||
32 | under proper headings, the total number of votes cast in said | ||||||
33 | county for
each candidate for nomination by said party, |
| |||||||
| |||||||
1 | including candidates for
President of the United States and for | ||||||
2 | State central committeemen, and
for delegates and alternate | ||||||
3 | delegates to National nominating
conventions, and for precinct | ||||||
4 | committeemen, township committeemen, and
for ward | ||||||
5 | committeemen. Within
two (2) days after the completion of said
| ||||||
6 | canvass by said canvassing board the county clerk shall
mail to | ||||||
7 | the
State Board of Elections a certified copy of such tabulated | ||||||
8 | statement of
returns. Provided, however, that the number of | ||||||
9 | votes cast for the
nomination for offices, the certificates of | ||||||
10 | election for which offices,
under this Act or any other laws | ||||||
11 | are issued by the county clerk shall
not be included in such | ||||||
12 | certified copy of said tabulated statement of
returns, nor | ||||||
13 | shall the returns on the election of precinct, township or
ward | ||||||
14 | committeemen be so certified to the State Board of Elections. | ||||||
15 | The
said officers shall also determine and set down as to each | ||||||
16 | precinct the
number of ballots voted by the primary electors of | ||||||
17 | each party at the primary.
| ||||||
18 | 6. In the case of the nomination of candidates for offices,
| ||||||
19 | including President of the United States and the State central
| ||||||
20 | committeemen, and delegates and alternate delegates to | ||||||
21 | National
nominating conventions, certified tabulated statement | ||||||
22 | of returns for
which are filed with the State Board of | ||||||
23 | Elections, said returns shall be
canvassed by the board. And, | ||||||
24 | provided, further, that within 5 days after
said returns shall | ||||||
25 | be canvassed by the said Board, the Board shall cause
to be | ||||||
26 | published in one daily newspaper of general circulation at the
| ||||||
27 | seat of the State government in Springfield a certified | ||||||
28 | statement of the
returns filed in its office, showing the total | ||||||
29 | vote cast in the State
for each candidate of each political | ||||||
30 | party for President of the United
States, and showing the total | ||||||
31 | vote for each candidate of each political
party for President | ||||||
32 | of the United States, cast in each of the several
congressional | ||||||
33 | districts in the State.
| ||||||
34 | 7. Where in cities or villages which have a board of |
| |||||||
| |||||||
1 | election commissioners,
the returns of a primary are made to | ||||||
2 | such board of election commissioners, said
return shall be | ||||||
3 | canvassed by such board, and, excepting in the case of the
| ||||||
4 | nomination for any municipal office, tabulated statements of | ||||||
5 | the returns of
such primary shall be made to the county clerk.
| ||||||
6 | 8. Within 48 hours
of the delivery of complete returns of | ||||||
7 | the consolidated
primary to the election authority, the | ||||||
8 | election authority shall deliver
an original certificate of | ||||||
9 | results to each local election official, with
respect to whose | ||||||
10 | political subdivisions nominations were made at such primary,
| ||||||
11 | for each precinct in his jurisdiction in which such nominations | ||||||
12 | were on
the ballot. Such original certificate of results need | ||||||
13 | not include any offices
or nominations for any other political | ||||||
14 | subdivisions. The local election
official shall immediately | ||||||
15 | transmit the certificates to the canvassing board
for his | ||||||
16 | political subdivisions, which shall open and canvass the | ||||||
17 | returns,
make a tabulated statement of the returns for each | ||||||
18 | political party separately,
and as nearly as possible, follow | ||||||
19 | the procedures required for the county
canvassing board. Such | ||||||
20 | canvass of votes shall be conducted within 21
7 days
after the | ||||||
21 | close of the consolidated primary.
| ||||||
22 | (Source: P.A. 87-1052.)
| ||||||
23 | (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
| ||||||
24 | Sec. 7-60. Not less than 67 days before the date of the | ||||||
25 | general
election, the State Board of Elections shall certify to | ||||||
26 | the county clerks
the names of each of the candidates who have | ||||||
27 | been nominated as shown by the
proclamation of the State Board | ||||||
28 | of Elections as a canvassing board or who
have been nominated | ||||||
29 | to fill a vacancy in nomination and direct the election
| ||||||
30 | authority to place upon the official ballot for the general | ||||||
31 | election the
names of such candidates in the same manner and in | ||||||
32 | the same order as shown
upon the certification, except as | ||||||
33 | otherwise provided in this Section.
|
| |||||||
| |||||||
1 | Not less than 61 days before the date of the general | ||||||
2 | election, each
county clerk shall certify the names of each of | ||||||
3 | the candidates for county
offices who have been nominated as | ||||||
4 | shown by the proclamation of the county
canvassing board or who | ||||||
5 | have been nominated to fill a vacancy in nomination
and declare | ||||||
6 | that the names of such candidates for the respective offices
| ||||||
7 | shall be placed upon the official ballot for the general | ||||||
8 | election in the
same manner and in the same order as shown upon | ||||||
9 | the certification, except
as otherwise provided by this | ||||||
10 | Section. Each county clerk shall place a
copy of the | ||||||
11 | certification on file in his or her office and at the same
time | ||||||
12 | issue to the State Board of Elections a copy of such | ||||||
13 | certification.
In addition, each county clerk in whose county | ||||||
14 | there is a board of election
commissioners shall, not less than | ||||||
15 | 61 days before the date of the general
election, issue to such | ||||||
16 | board a copy of the certification that has been
filed in the | ||||||
17 | county clerk's office, together with a copy of the
| ||||||
18 | certification that has been issued to the clerk by the State | ||||||
19 | Board of
Elections, with directions to the board of election | ||||||
20 | commissioners to place
upon the official ballot for the general | ||||||
21 | election in that election
jurisdiction the names of all | ||||||
22 | candidates that are listed on such
certifications, in the same | ||||||
23 | manner and in the same order as shown upon such
certifications, | ||||||
24 | except as otherwise provided in this Section.
| ||||||
25 | Whenever there are two or more persons nominated by the | ||||||
26 | same political
party for multiple offices for any board, the | ||||||
27 | name of the candidate of such
party receiving the highest | ||||||
28 | number of votes in the primary election as a
candidate for such | ||||||
29 | office, as shown by the official election returns of the
| ||||||
30 | primary, shall be certified first under the name of such | ||||||
31 | offices, and the
names of the remaining candidates of such | ||||||
32 | party for such offices shall
follow in the order of the number | ||||||
33 | of votes received by them respectively at
the primary election | ||||||
34 | as shown by the official election results.
|
| |||||||
| |||||||
1 | No person who is shown by the canvassing board's | ||||||
2 | proclamation to have
been nominated or elected at the primary | ||||||
3 | as a write-in candidate shall have his or her
name certified | ||||||
4 | unless such person shall have filed with the certifying
office | ||||||
5 | or board within 10 days after the canvassing board's | ||||||
6 | proclamation
a statement of candidacy pursuant to Section 7-10 ,
| ||||||
7 | and a statement pursuant
to Section 7-10.1 , and a receipt for | ||||||
8 | the filing of a statement of economic interests in relation to | ||||||
9 | the unit of government to which he or she has been elected or | ||||||
10 | nominated .
| ||||||
11 | Each county clerk and board of election commissioners shall | ||||||
12 | determine
by a fair and impartial method of random selection | ||||||
13 | the order of placement
of established political party | ||||||
14 | candidates for the general election ballot.
Such determination | ||||||
15 | shall be made within 30 days following the canvass and | ||||||
16 | proclamation
of the results of the general primary
in the | ||||||
17 | office of the county clerk or board of election commissioners | ||||||
18 | and
shall be open to the public. Seven days written notice of | ||||||
19 | the time and place
of conducting such random selection shall be | ||||||
20 | given, by each such election
authority, to the County Chairman | ||||||
21 | of each established political party, and
to each organization | ||||||
22 | of citizens within the election jurisdiction which
was | ||||||
23 | entitled, under this Article, at the next preceding election, | ||||||
24 | to have
pollwatchers present on the day of election. Each | ||||||
25 | election authority shall
post in a conspicuous, open and public | ||||||
26 | place, at the entrance of the election
authority office, notice | ||||||
27 | of the time and place of such lottery. However,
a board of | ||||||
28 | election commissioners may elect to place established | ||||||
29 | political
party candidates on the general election ballot in | ||||||
30 | the same order determined
by the county clerk of the county in | ||||||
31 | which the city under the jurisdiction
of such board is located.
| ||||||
32 | Each certification shall indicate, where applicable, the | ||||||
33 | following:
| ||||||
34 | (1) The political party affiliation of the candidates for |
| |||||||
| |||||||
1 | the respective offices;
| ||||||
2 | (2) If there is to be more than one candidate elected to an | ||||||
3 | office from
the State, political subdivision or district;
| ||||||
4 | (3) If the voter has the right to vote for more than one | ||||||
5 | candidate for an office;
| ||||||
6 | (4) The term of office, if a vacancy is to be filled for | ||||||
7 | less than a
full term or if the offices to be filled in a | ||||||
8 | political subdivision are for
different terms.
| ||||||
9 | The State Board of Elections or the county clerk, as the | ||||||
10 | case may be,
shall issue an amended certification whenever it | ||||||
11 | is discovered that the
original certification is in error.
| ||||||
12 | (Source: P.A. 86-867; 86-875; 86-1028.)
| ||||||
13 | (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
| ||||||
14 | Sec. 7-61. Whenever a special election is necessary the | ||||||
15 | provisions of
this Article are applicable to the nomination of | ||||||
16 | candidates to be voted
for at such special election.
| ||||||
17 | In cases where a primary election is required the officer | ||||||
18 | or board or
commission whose duty it is under the provisions of | ||||||
19 | this Act relating to
general elections to call an election, | ||||||
20 | shall fix a date for the primary
for the nomination of | ||||||
21 | candidates to be voted for at such special
election. Notice of | ||||||
22 | such primary shall be given at least 15 days prior
to the | ||||||
23 | maximum time provided for the filing of petitions for such a
| ||||||
24 | primary as provided in Section 7-12.
| ||||||
25 | Any vacancy in nomination under the provisions of this | ||||||
26 | Article 7
occurring on or after the primary and prior to | ||||||
27 | certification of
candidates by the certifying board or officer, | ||||||
28 | must be filled prior to the
date of certification. Any vacancy | ||||||
29 | in nomination occurring after certification
but prior to 15 | ||||||
30 | days before the general election shall be filled within 8 days
| ||||||
31 | after the event creating the vacancy. The resolution filling | ||||||
32 | the vacancy shall
be sent by U. S. mail or personal delivery to | ||||||
33 | the certifying officer or board
within 3 days of the action by |
| |||||||
| |||||||
1 | which the vacancy was filled; provided, if such
resolution is | ||||||
2 | sent by mail and the U. S. postmark on the envelope containing
| ||||||
3 | such resolution is dated prior to the expiration of such 3 day | ||||||
4 | limit, the
resolution shall be deemed filed within such 3 day | ||||||
5 | limit. Failure to so
transmit the resolution within the time | ||||||
6 | specified in this Section shall
authorize the certifying | ||||||
7 | officer or board to certify the original candidate.
Vacancies | ||||||
8 | shall be filled by the officers of a local municipal or | ||||||
9 | township
political party as specified in subsection (h) of | ||||||
10 | Section 7-8, other than a
statewide political party, that is | ||||||
11 | established only within a municipality or
township and the | ||||||
12 | managing committee (or legislative committee in case of a
| ||||||
13 | candidate for State Senator or representative committee in the | ||||||
14 | case of a
candidate for State Representative in the General | ||||||
15 | Assembly or State central committee in the case of a candidate | ||||||
16 | for statewide office, including but not limited to the office | ||||||
17 | of United States Senator ) of the respective
political party for | ||||||
18 | the territorial area in which such vacancy occurs.
| ||||||
19 | The resolution to fill a vacancy in nomination shall be | ||||||
20 | duly
acknowledged before an officer qualified to take | ||||||
21 | acknowledgements of deeds
and shall include, upon its face, the | ||||||
22 | following information:
| ||||||
23 | (a) the name of the original nominee and the office | ||||||
24 | vacated;
| ||||||
25 | (b) the date on which the vacancy occurred;
| ||||||
26 | (c) the name and address of the nominee selected to fill | ||||||
27 | the vacancy and
the date of selection.
| ||||||
28 | The resolution to fill a vacancy in nomination shall be | ||||||
29 | accompanied by a
Statement of Candidacy, as prescribed in | ||||||
30 | Section 7-10, completed by the
selected nominee and a receipt | ||||||
31 | indicating that such nominee has filed a
statement of economic | ||||||
32 | interests as required by the Illinois Governmental
Ethics Act.
| ||||||
33 | The provisions of Section 10-8 through 10-10.1 relating to | ||||||
34 | objections to
certificates of nomination and nomination |
| |||||||
| |||||||
1 | papers, hearings on objections,
and judicial review, shall | ||||||
2 | apply to and govern objections to resolutions
for filling a | ||||||
3 | vacancy in nomination.
| ||||||
4 | Any vacancy in nomination occurring 15 days or less before | ||||||
5 | the consolidated
election or the general election shall not be | ||||||
6 | filled. In this event, the
certification of the original | ||||||
7 | candidate shall stand and his name shall
appear on the official | ||||||
8 | ballot to be voted at the general election.
| ||||||
9 | A vacancy in nomination occurs when a candidate who has | ||||||
10 | been
nominated under the provisions of this Article 7 dies | ||||||
11 | before the
election (whether death occurs prior to, on or after | ||||||
12 | the day of the
primary), or declines the nomination; provided | ||||||
13 | that nominations may
become vacant for other reasons.
| ||||||
14 | If the name of no established political party candidate was | ||||||
15 | printed on
the consolidated primary ballot for a particular | ||||||
16 | office
and if no person was nominated as a write-in candidate | ||||||
17 | for such office,
a vacancy in nomination shall be created which | ||||||
18 | may be filled in accordance
with the requirements of this | ||||||
19 | Section. If the name of no established political
party | ||||||
20 | candidate was printed on the general primary ballot for a | ||||||
21 | particular
office and if no person was nominated as a write-in | ||||||
22 | candidate for such office,
a vacancy in nomination shall be | ||||||
23 | created, but no candidate of the party for the
office shall be | ||||||
24 | listed on the ballot at the general election unless such
| ||||||
25 | vacancy is filled in accordance with the requirements of this | ||||||
26 | Section within 60
days after the date of the general primary.
| ||||||
27 | A candidate for whom a nomination paper has been filed as a | ||||||
28 | partisan
candidate at a primary election, and who is defeated | ||||||
29 | for his or her
nomination at such primary election, is | ||||||
30 | ineligible to be listed on the
ballot at that general or | ||||||
31 | consolidated election as a candidate of another
political | ||||||
32 | party.
| ||||||
33 | A candidate seeking election to an office for which | ||||||
34 | candidates of
political parties are nominated by caucus who is |
| |||||||
| |||||||
1 | a participant in the
caucus and who is defeated for his or her | ||||||
2 | nomination at such caucus, is
ineligible to be listed on the | ||||||
3 | ballot at that general or consolidated
election as a candidate | ||||||
4 | of another political party.
| ||||||
5 | In the proceedings to nominate a candidate to fill a | ||||||
6 | vacancy or to
fill a vacancy in the nomination, each precinct, | ||||||
7 | township, ward, county
or congressional district, as the case | ||||||
8 | may be, shall through its
representative on such central or | ||||||
9 | managing committee, be entitled to one
vote for each ballot | ||||||
10 | voted in such precinct, township, ward, county or
congressional | ||||||
11 | district, as the case may be, by the primary electors of
its | ||||||
12 | party at the primary election immediately preceding the meeting | ||||||
13 | at
which such vacancy is to be filled.
| ||||||
14 | For purposes of this Section, the words "certify" and | ||||||
15 | "certification"
shall refer to the act of officially declaring | ||||||
16 | the names of candidates
entitled to be printed upon the | ||||||
17 | official ballot at an election and
directing election | ||||||
18 | authorities to place the names of such candidates upon
the | ||||||
19 | official ballot. "Certifying officers or board" shall refer to | ||||||
20 | the
local election official, election authority or the State | ||||||
21 | Board of
Elections, as the case may be, with whom nomination | ||||||
22 | papers, including
certificates of nomination and resolutions | ||||||
23 | to fill vacancies in nomination,
are filed and whose duty it is | ||||||
24 | to "certify" candidates.
| ||||||
25 | (Source: P.A. 86-867; 86-1348; 87-1052.)
| ||||||
26 | (10 ILCS 5/7-100 new)
| ||||||
27 | Sec. 7-100. Definition of a vote.
| ||||||
28 | (a) Notwithstanding any law to the contrary, for the | ||||||
29 | purpose of this
Article, a person casts a valid vote on a punch | ||||||
30 | card ballot when:
| ||||||
31 | (1) A chad on the card has at least one corner detached | ||||||
32 | from the card;
| ||||||
33 | (2) The fibers of paper on at least one edge of the |
| |||||||
| |||||||
1 | chad are broken in a
way that permits unimpeded light to be | ||||||
2 | seen through the card; or
| ||||||
3 | (3) An indentation on the chad from the stylus or other | ||||||
4 | object is present
and indicates a clearly ascertainable | ||||||
5 | intent of the voter to vote based on the
totality of the | ||||||
6 | circumstances, including but not limited to any pattern or
| ||||||
7 | frequency of indentations on other ballot positions from | ||||||
8 | the same ballot
card.
| ||||||
9 | (b) Write-in votes shall be counted in a manner consistent | ||||||
10 | with the existing
provisions of this Code.
| ||||||
11 | (c) For purposes of this Section, a "chad" is that portion | ||||||
12 | of a ballot card
that a voter punches or perforates with a | ||||||
13 | stylus or other designated marking
device to manifest his or | ||||||
14 | her vote for a particular ballot position on a ballot
card as | ||||||
15 | defined in subsection (a).
| ||||||
16 | (d) Prior to the original counting of any punch card | ||||||
17 | ballots, an election judge may not alter a punch card ballot in | ||||||
18 | any manner, including, but not limited to, the removal or | ||||||
19 | manipulation of chads.
| ||||||
20 | (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
| ||||||
21 | Sec. 8-8. Form of petition for nomination. The name of no | ||||||
22 | candidate for nomination shall be printed
upon the primary | ||||||
23 | ballot unless a petition for nomination shall have been
filed | ||||||
24 | in his behalf as provided for in this Section. Each such | ||||||
25 | petition
shall include as a part thereof the oath required by | ||||||
26 | Section 7-10.1 of
this Act and a statement of candidacy by the | ||||||
27 | candidate filing or in
whose behalf the petition is filed. This | ||||||
28 | statement shall set out the
address of such candidate, the | ||||||
29 | office for which he is a candidate, shall
state that the | ||||||
30 | candidate is a qualified primary voter of the party to
which | ||||||
31 | the petition relates, is qualified for the office specified and
| ||||||
32 | has filed a statement of economic interests as required by the | ||||||
33 | Illinois
Governmental Ethics Act, shall request that the |
| |||||||
| |||||||
1 | candidate's name be
placed upon the official ballot and shall | ||||||
2 | be subscribed and sworn by
such candidate before some officer | ||||||
3 | authorized to take acknowledgment of
deeds in this State and | ||||||
4 | may be in substantially the following form:
| ||||||
5 | State of Illinois)
| ||||||
6 | ) ss.
| ||||||
7 | County ..........)
| ||||||
8 | I, ...., being first duly sworn, say that I reside at .... | ||||||
9 | street in
the city (or village of) .... in the county of .... | ||||||
10 | State of Illinois;
that I am a qualified voter therein and am a | ||||||
11 | qualified primary voter of
.... party; that I am a candidate | ||||||
12 | for nomination to the office of ....
to be voted upon at the | ||||||
13 | primary election to be held on (insert date);
that I am legally | ||||||
14 | qualified to hold such office and
that I have filed a statement | ||||||
15 | of economic interests as required by the
Illinois Governmental | ||||||
16 | Ethics Act and I hereby request that my name be
printed upon | ||||||
17 | the official primary ballot for nomination for such office.
| ||||||
18 | Signed ....................
| ||||||
19 | Subscribed and sworn to (or affirmed) before me by ...., | ||||||
20 | who is to me
personally known, on (insert date).
| ||||||
21 | Signed .... (Official Character)
| ||||||
22 | (Seal if officer has one.)
| ||||||
23 | The receipt issued by the Secretary of State indicating | ||||||
24 | that the candidate has filed the statement of economic | ||||||
25 | interests required by the Illinois Governmental Ethics Act must | ||||||
26 | be filed with the petitions for nomination as provided in | ||||||
27 | subsection (8) of Section 7-12 of this Code.
| ||||||
28 | All petitions for nomination for the office of State | ||||||
29 | Senator shall be signed
by 1% or 1,000
600 , whichever is | ||||||
30 | greater, of the qualified primary electors of
the candidate's | ||||||
31 | party in his legislative district, except that for the first
| ||||||
32 | primary following a redistricting of legislative districts, | ||||||
33 | such petitions
shall be signed by at least 1,000
600 qualified | ||||||
34 | primary electors of the candidate's
party in his legislative |
| |||||||
| |||||||
1 | district.
| ||||||
2 | All petitions for nomination for the office of | ||||||
3 | Representative in the General
Assembly shall be signed by at | ||||||
4 | least 1% or 500
300 , whichever is greater, of
the qualified | ||||||
5 | primary electors of the candidate's party in his or her
| ||||||
6 | representative district, except that for the first primary | ||||||
7 | following
a redistricting of representative districts such | ||||||
8 | petitions shall be signed
by at least 500
300 qualified primary | ||||||
9 | electors of the candidate's party in
his or her representative | ||||||
10 | district.
| ||||||
11 | Opposite the signature of each qualified primary elector | ||||||
12 | who signs a
petition for nomination for the office of State | ||||||
13 | Representative or State
Senator such elector's residence | ||||||
14 | address shall be written or printed. The
residence address | ||||||
15 | required to be written or printed opposite each qualified
| ||||||
16 | primary elector's name shall include the street address or | ||||||
17 | rural route
number of the signer, as the case may be, as well | ||||||
18 | as the signer's county
and city, village or town.
| ||||||
19 | For the purposes of this Section, the number of primary | ||||||
20 | electors shall
be determined by taking the total vote cast, in | ||||||
21 | the applicable district,
for the candidate for such political | ||||||
22 | party who received the highest number
of votes, state-wide, at | ||||||
23 | the last general election in the State at which
electors for | ||||||
24 | President of the United States were elected.
| ||||||
25 | A "qualified primary elector" of a party may not sign | ||||||
26 | petitions for or be a
candidate in the primary of more than one | ||||||
27 | party.
| ||||||
28 | In the affidavit at the bottom of each sheet, the petition | ||||||
29 | circulator,
who shall be a person 18 years of age or older who | ||||||
30 | is a citizen of the United
States, shall state his or her | ||||||
31 | street address or rural route
number, as the
case may be, as | ||||||
32 | well as his or her county, city, village or
town, and state; | ||||||
33 | and
shall certify that the signatures on that sheet of the | ||||||
34 | petition were signed in
his or her presence; and shall certify |
| |||||||
| |||||||
1 | that the signatures are genuine; and
shall certify
that to the | ||||||
2 | best of his or her knowledge and belief the persons so signing | ||||||
3 | were
at the time of signing the petition qualified primary | ||||||
4 | voters for which the
nomination is sought.
| ||||||
5 | In the affidavit at the bottom of each petition sheet, the | ||||||
6 | petition
circulator shall either (1) indicate the dates on | ||||||
7 | which he or she
circulated that sheet, or (2) indicate the | ||||||
8 | first and last dates on which
the sheet was circulated, or (3) | ||||||
9 | certify that none of the signatures on the
sheet were signed | ||||||
10 | more than 90 days preceding the last day for the filing
of the | ||||||
11 | petition. No petition sheet shall be circulated more than 90 | ||||||
12 | days
preceding the last day provided in Section 8-9 for the | ||||||
13 | filing of such petition.
| ||||||
14 | All petition sheets which are filed with the State Board of | ||||||
15 | Elections shall
be the original sheets which have been signed | ||||||
16 | by the voters and by the
circulator, and not photocopies or | ||||||
17 | duplicates of such sheets.
| ||||||
18 | The person circulating the petition, or the candidate on | ||||||
19 | whose behalf
the petition is circulated, may strike any | ||||||
20 | signature from the petition,
provided that:
| ||||||
21 | (1) the person striking the signature shall initial the | ||||||
22 | petition at
the place where the signature is struck; and
| ||||||
23 | (2) the person striking the signature shall sign a | ||||||
24 | certification
listing the page number and line number of | ||||||
25 | each signature struck from
the petition. Such | ||||||
26 | certification shall be filed as a part of the petition.
| ||||||
27 | (Source: P.A. 91-57, eff. 6-30-99; 91-357, eff. 7-29-99; | ||||||
28 | 92-129, eff. 7-20-01.)
| ||||||
29 | (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
| ||||||
30 | Sec. 9-1.4. "Contribution" means-
| ||||||
31 | (1) a gift, subscription, donation, dues, loan, advance, or | ||||||
32 | deposit
of money or anything of value, knowingly received in | ||||||
33 | connection with the
nomination for election, or election, of |
| |||||||
| |||||||
1 | any person to public office, in
connection with the election of | ||||||
2 | any person as ward or township committeeman in
counties of | ||||||
3 | 3,000,000 or more population, or
in connection with any | ||||||
4 | question of public policy;
| ||||||
5 | (1.5) a gift, subscription, donation, dues, loan, advance, | ||||||
6 | deposit of money, or anything of value that constitutes an | ||||||
7 | electioneering communication regardless of whether the | ||||||
8 | communication is made in concert or cooperation with or at the | ||||||
9 | request, suggestion, or knowledge of a candidate, a candidate's | ||||||
10 | authorized local political committee, a State political | ||||||
11 | committee, a political committee in support of or opposition to | ||||||
12 | a question of public policy, or any of their agents;
| ||||||
13 | (2) the purchase of tickets for fund-raising events, | ||||||
14 | including but
not limited to dinners, luncheons, cocktail | ||||||
15 | parties, and rallies made in
connection with the nomination for | ||||||
16 | election, or election, of any person
to public office, in | ||||||
17 | connection with the election of any person as ward or
township | ||||||
18 | committeeman in counties of 3,000,000 or more population, or in
| ||||||
19 | connection with any question of public policy;
| ||||||
20 | (3) a transfer of funds between political committees; and
| ||||||
21 | (4) the services of an employee donated by an employer, in | ||||||
22 | which
case the contribution shall be listed in the name of the | ||||||
23 | employer,
except that any individual services provided | ||||||
24 | voluntarily and without
promise or expectation of compensation | ||||||
25 | from any source shall not be deemed
a contribution; but
| ||||||
26 | (5) does not include--
| ||||||
27 | (a) the use of real or personal property and the cost | ||||||
28 | of invitations,
food,
and beverages, voluntarily provided | ||||||
29 | by an individual in rendering voluntary
personal services | ||||||
30 | on the individual's residential premises for
| ||||||
31 | candidate-related
activities; provided the value of the | ||||||
32 | service provided does not exceed an
aggregate of $150 in a | ||||||
33 | reporting period;
| ||||||
34 | (b) the sale of any food or beverage by a vendor for |
| |||||||
| |||||||
1 | use in a candidate's
campaign at a charge less than the | ||||||
2 | normal comparable charge, if such charge
for use in a | ||||||
3 | candidate's campaign is at least equal to the cost of such
| ||||||
4 | food or beverage to the vendor.
| ||||||
5 | (Source: P.A. 89-405, eff. 11-8-95.)
| ||||||
6 | (10 ILCS 5/9-1.14)
| ||||||
7 | Sec. 9-1.14. Electioneering communication defined.
| ||||||
8 | (a) "Electioneering communication" means, for the purposes | ||||||
9 | of this Article,
any form of communication, in whatever medium, | ||||||
10 | including but not limited to a newspaper, radio, television, or | ||||||
11 | Internet communication, that (1) refers to a
clearly
identified | ||||||
12 | candidate or candidates who will appear on the ballot, refers | ||||||
13 | to a clearly identified political party, or refers to a clearly | ||||||
14 | identified question of public policy that will appear on the | ||||||
15 | ballot and (2) is made within (i) 60
days before a general | ||||||
16 | election
or consolidated election or (ii) 30 days before a | ||||||
17 | primary
election.
| ||||||
18 | (b) "Electioneering communication" does not include:
| ||||||
19 | (1) A communication, other than an advertisement, | ||||||
20 | appearing in a news
story,
commentary, or editorial
| ||||||
21 | distributed through the facilities of any legitimate news | ||||||
22 | organization, unless
the
facilities are owned or | ||||||
23 | controlled by any political party, political committee,
or | ||||||
24 | candidate.
| ||||||
25 | (2) A communication made solely to promote a candidate | ||||||
26 | debate or forum
that is made by or on behalf of the person | ||||||
27 | sponsoring the debate or forum.
| ||||||
28 | (3) A communication made as part of a non-partisan | ||||||
29 | activity designed to
encourage individuals to vote or to | ||||||
30 | register to vote.
| ||||||
31 | (4) A communication by an organization operating and | ||||||
32 | remaining in good
standing under Section 501(c)(3) of the | ||||||
33 | Internal Revenue Code of 1986.
|
| |||||||
| |||||||
1 | (5) A communication exclusively between a labor | ||||||
2 | organization, as defined under federal or State law, and | ||||||
3 | its members.
| ||||||
4 | (6) A communication exclusively between an | ||||||
5 | organization formed under Section 501(c)(6) of the | ||||||
6 | Internal Revenue Code and its members.
| ||||||
7 | (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | ||||||
8 | 93-847, eff. 7-30-04.) | ||||||
9 | (10 ILCS 5/9-3) (from Ch. 46, par. 9-3) | ||||||
10 | Sec. 9-3. Every state political committee and every local
| ||||||
11 | political committee shall file with the State Board of | ||||||
12 | Elections, and
every local political committee shall file with | ||||||
13 | the county clerk, a
statement of organization within 10 | ||||||
14 | business days of the creation of
such
committee, except any | ||||||
15 | political committee created within the 30 days before
an
| ||||||
16 | election shall file a statement of organization within 5 | ||||||
17 | business days. A
political committee that acts as both a state | ||||||
18 | political
committee and a local political committee shall file | ||||||
19 | a copy of each
statement of organization with the State Board | ||||||
20 | of Elections and the
county clerk.
The Board shall impose a | ||||||
21 | civil penalty of $25 per business day upon political
committees | ||||||
22 | for failing to file or late filing of a statement of | ||||||
23 | organization,
except that for committees formed to support | ||||||
24 | candidates for statewide office,
the civil penalty shall be $50 | ||||||
25 | per business day. Such penalties shall not
exceed $5,000, and | ||||||
26 | shall not exceed $10,000 for statewide office political
| ||||||
27 | committees.
There shall be no fine if the statement is mailed | ||||||
28 | and postmarked at least 72
hours prior to the filing deadline.
| ||||||
29 | In addition to the civil penalties authorized by this | ||||||
30 | Section, the State
Board of Elections or any other affected | ||||||
31 | political committee may apply to the
circuit court for a | ||||||
32 | temporary restraining
order or a preliminary or permanent | ||||||
33 | injunction against the political committee
to cease the |
| |||||||
| |||||||
1 | expenditure of funds and to cease operations until the | ||||||
2 | statement
of organization is filed.
| ||||||
3 | For the purpose of this Section,
"statewide office" means | ||||||
4 | the Governor, Lieutenant Governor, Secretary of State,
| ||||||
5 | Attorney General, State Treasurer, and State Comptroller.
| ||||||
6 | The statement of organization shall include -
| ||||||
7 | (a) the name
and address of the political committee (the | ||||||
8 | name of the
political committee must include the name of any | ||||||
9 | sponsoring entity);
| ||||||
10 | (b) the scope, area of activity, party affiliation, | ||||||
11 | candidate
affiliation and his county of residence, and purposes | ||||||
12 | of the political
committee;
| ||||||
13 | (c) the name, address, and position of each custodian of | ||||||
14 | the
committee's books and accounts;
| ||||||
15 | (d) the name, address, and position of the committee's | ||||||
16 | principal
officers, including the chairman, treasurer, and | ||||||
17 | officers and members of
its finance committee, if any;
| ||||||
18 | (e) (Blank);
| ||||||
19 | (f) a statement of what specific disposition of residual | ||||||
20 | fund will
be made in the event of the dissolution or
| ||||||
21 | termination of the committee;
| ||||||
22 | (g) a listing of all banks or other financial institutions, | ||||||
23 | safety
deposit boxes, and any other repositories or custodians | ||||||
24 | of funds used by
the committee;
| ||||||
25 | (h) the amount of funds available for campaign expenditures | ||||||
26 | as of
the filing date of the committee's statement of | ||||||
27 | organization.
| ||||||
28 | For purposes of this Section, a "sponsoring entity" is (i) | ||||||
29 | any person,
political committee, organization, corporation, or | ||||||
30 | association that contributes
at least 33% of the total funding | ||||||
31 | of the political committee or (ii) any person
or other entity | ||||||
32 | that is registered or is required to register under the
| ||||||
33 | Lobbyist Registration Act and contributes at least 33% of the | ||||||
34 | total funding of
the political committee ; except that a |
| |||||||
| |||||||
1 | political committee is not a "sponsoring entity" for purposes | ||||||
2 | of this Section if it is a political committee organized by (i) | ||||||
3 | an established political party as defined in Section 10-2, (ii) | ||||||
4 | a partisan caucus of either house of the General Assembly, or | ||||||
5 | (iii) the Speaker or Minority Leader of the House of | ||||||
6 | Representatives or the President or Minority Leader of the | ||||||
7 | Senate, in his or her capacity as a legislative leader of the | ||||||
8 | House of Representatives or Senate and not as a candidate for | ||||||
9 | Representative or Senator .
| ||||||
10 | (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03.)
| ||||||
11 | (10 ILCS 5/9-7.5)
| ||||||
12 | Sec. 9-7.5. Nonprofit organization registration and | ||||||
13 | disclosure.
| ||||||
14 | (a) Each nonprofit organization, except for a labor union ,
| ||||||
15 | (i) registered
under the Lobbyist
Registration Act or for which | ||||||
16 | lobbying is undertaken by persons registered
under that Act, | ||||||
17 | (ii) that has not established a political committee, and (iii)
| ||||||
18 | that accepts contributions , makes contributions, or makes | ||||||
19 | expenditures during any 12-month period in
an aggregate amount | ||||||
20 | exceeding $5,000 (I) on behalf of or in opposition to
public | ||||||
21 | officials, candidates for public office, or a question of | ||||||
22 | public policy , (II) for electioneering communications, or | ||||||
23 | (III)
and (II) for the purpose of influencing legislative, | ||||||
24 | executive, or
administrative action as defined in the Lobbyist | ||||||
25 | Registration Act shall
register with the State Board of | ||||||
26 | Elections. The Board by rule shall prescribe
the registration | ||||||
27 | procedure and form. The registration form shall require the
| ||||||
28 | following information:
| ||||||
29 | (1) The registrant's name, address, and purpose.
| ||||||
30 | (2) The name, address, and position of each custodian | ||||||
31 | of the registrant's
financial books, accounts, and | ||||||
32 | records.
| ||||||
33 | (3) The name, address, and position of each of the |
| |||||||
| |||||||
1 | registrant's principal
officers.
| ||||||
2 | (b) Each nonprofit organization required to register under | ||||||
3 | subsection (a)
shall file contribution and expenditure reports | ||||||
4 | with the Board. The Board by
rule shall prescribe the form, | ||||||
5 | which shall require the following information:
| ||||||
6 | (1) The organization's name, address, and purpose.
| ||||||
7 | (2) The amount of funds on hand at the beginning of the | ||||||
8 | reporting period.
| ||||||
9 | (3) The full name and address of each person who has | ||||||
10 | made one or more
contributions to or for the organization | ||||||
11 | within the reporting period in an
aggregate amount or value | ||||||
12 | in excess of $150, together with the amount and date
of the | ||||||
13 | contributions, and if a contributor is an individual who | ||||||
14 | contributed
more than $500, the occupation and employer of | ||||||
15 | the contributor or, if the
occupation and employer of the | ||||||
16 | contributor are unknown, a statement that the
organization | ||||||
17 | has made a good faith effort to ascertain this information.
| ||||||
18 | (4) The total sum of individual contributions made to | ||||||
19 | or for the
organization during the reporting period and not | ||||||
20 | reported in item (3).
| ||||||
21 | (5) The name and address of each organization and | ||||||
22 | political committee from
which the reporting organization | ||||||
23 | received, or to which that organization made,
any transfer | ||||||
24 | of funds in an aggregate amount or value in excess of $150,
| ||||||
25 | together with the amounts and dates of the transfers.
| ||||||
26 | (6) The total sum of transfers made to or from the | ||||||
27 | organization during the
reporting period and not reported | ||||||
28 | in item (5).
| ||||||
29 | (7) Each loan to or from any person within the | ||||||
30 | reporting period by or to
the organization in an aggregate | ||||||
31 | amount or value in excess of $150, together
with the full | ||||||
32 | names and mailing addresses of the lender and endorsers, if | ||||||
33 | any,
and the date and amount of the loans, and if a lender | ||||||
34 | or endorser is an
individual who loaned or endorsed a loan |
| |||||||
| |||||||
1 | of more than $500, the occupation and
employer of the | ||||||
2 | individual or, if the occupation and employer of the | ||||||
3 | individual
are unknown, a statement that the organization | ||||||
4 | has made a good faith effort to
ascertain this information.
| ||||||
5 | (8) The total amount of proceeds received by the | ||||||
6 | organization from (i) the
sale of tickets for each dinner, | ||||||
7 | luncheon, cocktail party, rally, and other
fundraising | ||||||
8 | event, (ii) mass collections made at those events, and | ||||||
9 | (iii) sales
of items such as buttons, badges, flags, | ||||||
10 | emblems, hats, banners, literature,
and
similar materials.
| ||||||
11 | (9) Each contribution, rebate, refund, or other | ||||||
12 | receipt in excess of $150
received by the organization not | ||||||
13 | otherwise listed under items (3) through (8),
and if a | ||||||
14 | contributor is an individual who contributed
more than | ||||||
15 | $500, the occupation and employer of the contributor or, if | ||||||
16 | the
occupation and employer of the contributor are unknown, | ||||||
17 | a statement that the
organization has made a good faith | ||||||
18 | effort to ascertain this information.
| ||||||
19 | (10) The total sum of all receipts by or for the | ||||||
20 | organization during the
reporting period.
| ||||||
21 | (11) The full name and mailing address of each person | ||||||
22 | to whom expenditures
have been made by the organization | ||||||
23 | within the reporting period in an aggregate
amount or value | ||||||
24 | in excess of $150, the amount, date, and purpose of each
| ||||||
25 | expenditure, and the question of public policy on behalf of | ||||||
26 | which the
expenditure
was made.
| ||||||
27 | (12) The full name and mailing address of each person | ||||||
28 | to whom an
expenditure for personal services, salaries, and | ||||||
29 | reimbursed expenses in excess
of $150 has been made and | ||||||
30 | which is not otherwise reported, including the
amount,
| ||||||
31 | date, and purpose of the expenditure.
| ||||||
32 | (13) The total sum of expenditures made by the | ||||||
33 | organization during the
reporting period.
| ||||||
34 | (14) The full name and mailing address of each person |
| |||||||
| |||||||
1 | to whom the
organization owes debts or obligations in | ||||||
2 | excess of $150 and the amount of the
debts or obligations.
| ||||||
3 | The State Board by rule shall define a "good faith effort".
| ||||||
4 | (c) The reports required under subsection (b) shall be | ||||||
5 | filed at the same
times and for the same reporting periods as | ||||||
6 | reports of campaign contributions
and semi-annual reports of | ||||||
7 | campaign contributions and expenditures required by
this | ||||||
8 | Article of political committees. The reports required under | ||||||
9 | subsection
(b)
shall be available for public inspection and | ||||||
10 | copying in the same manner as
reports filed by political | ||||||
11 | committees.
The Board may charge a fee that covers the costs of | ||||||
12 | copying and distribution,
if any.
| ||||||
13 | (d) An organization required to file reports under | ||||||
14 | subsection (b) shall
include a statement on all literature and | ||||||
15 | advertisements soliciting funds
stating the following:
| ||||||
16 | "A copy of our report filed with the State Board of | ||||||
17 | Elections is (or will be)
available for purchase from the State | ||||||
18 | Board of Elections, Springfield,
Illinois".
| ||||||
19 | (Source: P.A. 90-737, eff. 1-1-99.)
| ||||||
20 | (10 ILCS 5/9-9.5)
| ||||||
21 | Sec. 9-9.5. Disclosures in political communications.
Any | ||||||
22 | political committee, organized under the Election Code, that
| ||||||
23 | makes an expenditure for a pamphlet, circular, handbill, | ||||||
24 | Internet or telephone communication, radio, television,
or | ||||||
25 | print advertisement,
or other communication directed at voters | ||||||
26 | and
mentioning the name of a candidate in the next upcoming | ||||||
27 | election shall ensure
that the name of the political committee | ||||||
28 | paying for any part of the
communication, including, but not | ||||||
29 | limited to, its preparation and distribution,
is
identified | ||||||
30 | clearly within the communication as the payor. This Section | ||||||
31 | does
not apply to items that are too small to contain the | ||||||
32 | required disclosure.
Nothing in this Section shall require | ||||||
33 | disclosure on any telephone communication using random |
| |||||||
| |||||||
1 | sampling or other scientific survey methods to gauge public | ||||||
2 | opinion for or against any candidate or question of public | ||||||
3 | policy.
| ||||||
4 | Whenever any vendor or other person provides any of the | ||||||
5 | services listed in this Section, other than any telephone | ||||||
6 | communication using random sampling or other scientific survey | ||||||
7 | methods to gauge public opinion for or against any candidate or | ||||||
8 | question of public policy, the vendor or person shall keep and | ||||||
9 | maintain records showing the name and address of the person who | ||||||
10 | purchased or requested the services and the amount paid for the | ||||||
11 | services. The records required by this Section shall be kept | ||||||
12 | for a period of one year after the date upon which payment was | ||||||
13 | received for the services.
| ||||||
14 | (Source: P.A. 93-615, eff. 11-19-03; 93-847, eff. 7-30-04.)
| ||||||
15 | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| ||||||
16 | Sec. 9-10. Financial reports.
| ||||||
17 | (a) The treasurer of every state political committee and | ||||||
18 | the
treasurer of every local political committee shall file | ||||||
19 | with the
Board, and the treasurer of every local political | ||||||
20 | committee shall file
with the county clerk, reports of campaign | ||||||
21 | contributions, and semi-annual
reports of campaign | ||||||
22 | contributions and expenditures on forms to be
prescribed or | ||||||
23 | approved by the Board. The treasurer of every political
| ||||||
24 | committee that acts as both a state political committee and a | ||||||
25 | local
political committee shall file a copy of each report with | ||||||
26 | the State Board
of Elections and the county clerk.
Entities | ||||||
27 | subject to Section 9-7.5 shall file reports required by
that | ||||||
28 | Section at times
provided in this Section and are subject to | ||||||
29 | the penalties provided in this
Section.
| ||||||
30 | (b) Reports of campaign contributions shall be filed no | ||||||
31 | later than the
15th day next preceding each election including | ||||||
32 | a primary election in
connection with which the political | ||||||
33 | committee has accepted or is
accepting contributions or has |
| |||||||
| |||||||
1 | made or is making expenditures. Such
reports shall be complete | ||||||
2 | as of the 30th day next preceding each election
including a | ||||||
3 | primary election. The Board shall assess a civil penalty not to
| ||||||
4 | exceed $5,000 for a violation of this subsection, except that | ||||||
5 | for State
officers and candidates
and political
committees | ||||||
6 | formed for statewide office, the civil
penalty may not exceed | ||||||
7 | $10,000.
The fine, however, shall not exceed $500 for a
first | ||||||
8 | filing violation for filing less than 10 days after the | ||||||
9 | deadline.
There shall be no fine if the report is mailed and | ||||||
10 | postmarked at least 72 hours
prior to the filing deadline.
For | ||||||
11 | the purpose of this subsection, "statewide
office" and "State | ||||||
12 | officer" means the Governor, Lieutenant Governor, Attorney
| ||||||
13 | General,
Secretary of State,
Comptroller, and Treasurer. | ||||||
14 | However, a
continuing political committee that does not make
| ||||||
15 | neither accepts contributions nor makes
expenditures in excess | ||||||
16 | of $500 on behalf of or in opposition to any candidate or | ||||||
17 | public
question on the ballot at an election shall not be | ||||||
18 | required to file the
reports heretofore prescribed but may file | ||||||
19 | in lieu thereof a Statement of
Nonparticipation in the Election | ||||||
20 | with the Board or the Board and the county
clerk ; except that | ||||||
21 | if the political committee, by the terms of its statement of | ||||||
22 | organization filed in accordance with this Article, is | ||||||
23 | organized to support or oppose a candidate or public question | ||||||
24 | on the ballot at the next election or primary, that committee | ||||||
25 | must file reports required by this subsection (b) and by | ||||||
26 | subsection (b-5) .
| ||||||
27 | (b-5) Notwithstanding the provisions of subsection (b) and
| ||||||
28 | Section 1.25 of the Statute on Statutes, any contribution
of | ||||||
29 | more than $500 received in the interim between the last date
of | ||||||
30 | the period
covered by the last report filed under subsection | ||||||
31 | (b) prior to the election and
the date of the election shall be | ||||||
32 | filed with and must actually be received by
the State Board of | ||||||
33 | Elections within 2 business days after
receipt of such | ||||||
34 | contribution.
The State Board shall allow filings of reports of |
| |||||||
| |||||||
1 | contributions of more than
$500 under this subsection (b-5) by | ||||||
2 | political committees that are not
required to file | ||||||
3 | electronically to be made by
facsimile transmission.
For the | ||||||
4 | purpose of this subsection, a contribution is considered
| ||||||
5 | received on the date the public official, candidate, or | ||||||
6 | political committee (or
equivalent person
in the case of a
| ||||||
7 | reporting entity other than a political committee) actually | ||||||
8 | receives it or, in
the case of goods or services, 2 business | ||||||
9 | days after the date the public
official,
candidate, committee,
| ||||||
10 | or other reporting entity receives the certification required | ||||||
11 | under subsection
(b) of Section 9-6.
Failure to report
each | ||||||
12 | contribution is a separate violation of this subsection. In the | ||||||
13 | final
disposition of any matter by the Board on or after the | ||||||
14 | effective date of this
amendatory Act of the 93rd General | ||||||
15 | Assembly, the Board
may
impose fines for violations of this | ||||||
16 | subsection not to exceed 100% of the
total
amount of the | ||||||
17 | contributions that were untimely reported, but in no case when | ||||||
18 | a
fine is imposed shall it be less
than 10% of the total amount | ||||||
19 | of the contributions that were untimely
reported.
When | ||||||
20 | considering the amount of the fine to be imposed, the Board | ||||||
21 | shall
consider, but is not limited to, the following factors:
| ||||||
22 | (1) whether in the Board's opinion the violation was | ||||||
23 | committed
inadvertently,
negligently, knowingly, or | ||||||
24 | intentionally;
| ||||||
25 | (2) the number of days the contribution was reported | ||||||
26 | late; and
| ||||||
27 | (3) past violations of Sections 9-3 and 9-10 of this | ||||||
28 | Article by the
committee.
| ||||||
29 | (c) In addition to such reports the treasurer of every | ||||||
30 | political
committee shall file semi-annual reports of campaign | ||||||
31 | contributions and
expenditures no later than July 31st, | ||||||
32 | covering the period from January 1st
through June 30th | ||||||
33 | immediately preceding, and no later than January 31st,
covering | ||||||
34 | the period from July 1st through December 31st of the preceding
|
| |||||||
| |||||||
1 | calendar year. Reports of contributions and expenditures must | ||||||
2 | be filed to
cover the prescribed time periods even though no | ||||||
3 | contributions or
expenditures may have been received or made | ||||||
4 | during the period.
The Board shall assess a civil penalty not | ||||||
5 | to exceed $5,000 for a violation
of this subsection, except | ||||||
6 | that for State officers and candidates
and political
committees | ||||||
7 | formed for statewide office, the civil
penalty may not exceed | ||||||
8 | $10,000.
The fine, however, shall not exceed $500 for a
first | ||||||
9 | filing violation for filing less than 10 days after the | ||||||
10 | deadline.
There shall be no fine if the report is mailed and | ||||||
11 | postmarked at least 72 hours
prior to the filing deadline.
For | ||||||
12 | the purpose of this subsection, "statewide
office" and "State | ||||||
13 | officer"
means the Governor, Lieutenant Governor, Attorney | ||||||
14 | General, Secretary
of State,
Comptroller, and Treasurer.
| ||||||
15 | (c-5) A political committee that acts as either (i) a State | ||||||
16 | and local
political committee or (ii) a local political | ||||||
17 | committee and that files reports
electronically under Section | ||||||
18 | 9-28 is not required to file copies of the reports
with the | ||||||
19 | appropriate county clerk if the county clerk has a system that
| ||||||
20 | permits access to, and duplication of, reports that are filed | ||||||
21 | with the State
Board of Elections. A State and local political | ||||||
22 | committee or
a local political committee shall file with the | ||||||
23 | county clerk a copy of its
statement of organization pursuant | ||||||
24 | to Section 9-3.
| ||||||
25 | (d) A copy of each report or statement filed under this | ||||||
26 | Article
shall be
preserved by the person filing it for a period | ||||||
27 | of two years from the
date of filing.
| ||||||
28 | (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | ||||||
29 | revised 12-17-03.)
| ||||||
30 | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
| ||||||
31 | Sec. 10-9. The following electoral boards are designated | ||||||
32 | for the
purpose of hearing and passing upon the objector's | ||||||
33 | petition described in
Section 10-8.
|
| |||||||
| |||||||
1 | 1. The State Board of Elections will hear and pass upon | ||||||
2 | objections
to the nominations of candidates for State offices,
| ||||||
3 | nominations of candidates for congressional, legislative and | ||||||
4 | judicial
offices of districts , subcircuits, or circuits | ||||||
5 | situated in more than one county, nominations
of candidates for | ||||||
6 | the offices of State's attorney or regional superintendent
of | ||||||
7 | schools to be elected from more than one county, and petitions | ||||||
8 | for
proposed amendments to the Constitution of the State of | ||||||
9 | Illinois as
provided for in Section 3 of Article XIV of the | ||||||
10 | Constitution.
| ||||||
11 | 2. The county officers electoral board to hear and pass | ||||||
12 | upon
objections to the nominations of candidates for county | ||||||
13 | offices,
for congressional, legislative and judicial offices | ||||||
14 | of a district , subcircuit, or
circuit coterminous with or less | ||||||
15 | than a county, for school trustees to be
voted for by the | ||||||
16 | electors of the county or by the electors of a township of
the | ||||||
17 | county, for the office of multi-township assessor where | ||||||
18 | candidates for
such office are nominated in accordance with | ||||||
19 | this Code, and for all special
district offices, shall be | ||||||
20 | composed of the county clerk, or an assistant
designated by the | ||||||
21 | county clerk, the State's attorney of the county or
an | ||||||
22 | Assistant State's Attorney designated by the State's Attorney, | ||||||
23 | and the
clerk of the circuit court, or an assistant designated | ||||||
24 | by the clerk of
the circuit court, of the county, of whom the | ||||||
25 | county clerk or his designee
shall be the chairman, except that | ||||||
26 | in any county which has established a
county board of election | ||||||
27 | commissioners that board
shall constitute the county officers | ||||||
28 | electoral board ex-officio.
| ||||||
29 | 3. The municipal officers electoral board to hear and pass | ||||||
30 | upon
objections to the nominations of candidates for officers | ||||||
31 | of
municipalities shall be composed of the mayor or president | ||||||
32 | of the board
of trustees of the city, village or incorporated | ||||||
33 | town, and the city,
village or incorporated town clerk, and one | ||||||
34 | member of the city council
or board of trustees, that member |
| |||||||
| |||||||
1 | being designated who is eligible to
serve on the electoral | ||||||
2 | board and has served the
greatest number of years as a member | ||||||
3 | of the city council or board of
trustees, of whom the mayor or | ||||||
4 | president of the board of trustees shall
be the chairman.
| ||||||
5 | 4. The township officers electoral board to pass upon | ||||||
6 | objections to
the nominations of township officers shall be | ||||||
7 | composed of the township
supervisor, the town clerk, and that | ||||||
8 | eligible town trustee elected in the
township who has had the | ||||||
9 | longest term of continuous service as town
trustee, of whom the | ||||||
10 | township supervisor shall be the chairman.
| ||||||
11 | 5. The education officers electoral board to hear and pass | ||||||
12 | upon
objections to the nominations of candidates for offices in | ||||||
13 | school or
community college districts shall be composed of the | ||||||
14 | presiding officer of
the school or community college district | ||||||
15 | board, who shall be the chairman,
the secretary of the school | ||||||
16 | or community college district board and the
eligible elected | ||||||
17 | school or community college board member who has the
longest | ||||||
18 | term of continuous service as a board member.
| ||||||
19 | 6. In all cases, however, where the Congressional or | ||||||
20 | Legislative
district is wholly within the jurisdiction of a | ||||||
21 | board of election
commissioners and in all cases where the | ||||||
22 | school district or special
district is wholly within the | ||||||
23 | jurisdiction of a municipal board of
election commissioners and | ||||||
24 | in all cases where the municipality or
township is wholly or | ||||||
25 | partially within the jurisdiction of a municipal
board of | ||||||
26 | election commissioners, the board of election commissioners
| ||||||
27 | shall ex-officio constitute the electoral board.
| ||||||
28 | For special districts situated in more than one county, the | ||||||
29 | county officers
electoral board of the county in which the | ||||||
30 | principal office of the district
is located has jurisdiction to | ||||||
31 | hear and pass upon objections. For purposes
of this Section, | ||||||
32 | "special districts" means all political subdivisions other
| ||||||
33 | than counties, municipalities, townships and school and | ||||||
34 | community college
districts.
|
| |||||||
| |||||||
1 | In the event that any member of the appropriate board is a | ||||||
2 | candidate
for the office with relation to which the objector's | ||||||
3 | petition is filed,
he shall not be eligible to serve on that | ||||||
4 | board and shall not act as
a member of the board and his place | ||||||
5 | shall be filled as follows:
| ||||||
6 | a. In the county officers electoral board by the county
| ||||||
7 | treasurer, and if he or she is ineligible to serve, by the | ||||||
8 | sheriff of the
county.
| ||||||
9 | b. In the municipal officers electoral board by the | ||||||
10 | eligible
elected city council or board of trustees member | ||||||
11 | who has served the second
greatest number of years as a | ||||||
12 | city council or board of trustees member.
| ||||||
13 | c. In the township officers electoral board by the | ||||||
14 | eligible
elected town trustee who has had the second | ||||||
15 | longest term of continuous service
as a town trustee.
| ||||||
16 | d. In the education officers electoral board by the | ||||||
17 | eligible
elected school or community college district | ||||||
18 | board member who has had the
second longest term of | ||||||
19 | continuous service as a board member.
| ||||||
20 | In the event that the chairman of the electoral board is | ||||||
21 | ineligible
to act because of the fact that he is a candidate | ||||||
22 | for the office with
relation to which the objector's petition | ||||||
23 | is filed, then the substitute
chosen under the provisions of | ||||||
24 | this Section shall be the chairman; In
this case, the officer | ||||||
25 | or board with whom the objector's petition is
filed, shall | ||||||
26 | transmit the certificate of nomination or nomination papers
as | ||||||
27 | the case may be, and the objector's petition to the substitute
| ||||||
28 | chairman of the electoral board.
| ||||||
29 | When 2 or more eligible individuals, by reason of their | ||||||
30 | terms of service
on a city council or board of trustees, | ||||||
31 | township board of
trustees, or school or community college | ||||||
32 | district board, qualify to serve
on an electoral board, the one | ||||||
33 | to serve shall be chosen by lot.
| ||||||
34 | Any vacancies on an electoral board not otherwise filled |
| |||||||
| |||||||
1 | pursuant to this
Section shall be filled by public members | ||||||
2 | appointed by the Chief Judge of
the Circuit Court for the | ||||||
3 | county wherein the electoral board hearing is
being held upon | ||||||
4 | notification to the Chief Judge of such
vacancies. The Chief | ||||||
5 | Judge shall be so notified by a member of the electoral
board | ||||||
6 | or the officer or board with whom the objector's petition was | ||||||
7 | filed.
In the event that none of the individuals designated by | ||||||
8 | this Section to
serve on the electoral board are eligible, the | ||||||
9 | chairman of an electoral
board shall be designated by the Chief | ||||||
10 | Judge.
| ||||||
11 | (Source: P.A. 87-570 .)
| ||||||
12 | (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
| ||||||
13 | Sec. 12-1. At least 60 days prior to each general and | ||||||
14 | consolidated election,
the election authority shall provide | ||||||
15 | public notice, calculated to reach
elderly and handicapped | ||||||
16 | voters, of the availability of registration and
voting aids | ||||||
17 | under the Federal Voting Accessibility for the Elderly and
| ||||||
18 | Handicapped Act, of the availability of assistance in marking | ||||||
19 | the ballot,
and procedures for voting by absentee ballot , and | ||||||
20 | procedures for voting
early by personal appearance .
| ||||||
21 | At least 30 days before any general election, and at least | ||||||
22 | 20 days
before any special congressional election, the
county | ||||||
23 | clerk shall publish a notice of the election in 2 or more
| ||||||
24 | newspapers published in the county, city, village,
| ||||||
25 | incorporated town or town, as the case may be, or if there is | ||||||
26 | no such
newspaper, then in any 2 or more newspapers published | ||||||
27 | in the
county and having a general circulation throughout the | ||||||
28 | community. The
notice may be substantially as follows:
| ||||||
29 | Notice is hereby given that on (give date), at (give the | ||||||
30 | place of
holding the election and the name of the precinct or | ||||||
31 | district) in the
county of (name county), an election will be | ||||||
32 | held for (give the title of
the several offices to be filled), | ||||||
33 | which election will be open at 6:00
a.m. and continued open |
| |||||||
| |||||||
1 | until 7:00 p.m. of that day.
| ||||||
2 | Dated at .... on (insert date).
| ||||||
3 | (Source: P.A. 90-358, eff. 1-1-98; 91-357, eff. 7-29-99.)
| ||||||
4 | (10 ILCS 5/Art. 12A heading new)
| ||||||
5 | ARTICLE 12A. | ||||||
6 | VOTERS' GUIDES
| ||||||
7 | (10 ILCS 5/12A-2 new)
| ||||||
8 | Sec. 12A-2. Definitions. As used in this Article, unless | ||||||
9 | the context
otherwise
requires:
| ||||||
10 | "Board" means the State Board of Elections.
| ||||||
11 | "Internet Guide" refers to information disseminated by the | ||||||
12 | State Board of
Elections on a website, pursuant to Section | ||||||
13 | 12A-5.
| ||||||
14 | "Local election authority" means a county clerk or board of | ||||||
15 | election
commissioners.
| ||||||
16 | "Public question" or "question" means any question, | ||||||
17 | proposition, or
referendum
submitted to the voters under | ||||||
18 | Article 28 of this Code.
| ||||||
19 | "Statewide candidate" means any candidate who runs for a | ||||||
20 | statewide office,
including Governor, Lieutenant Governor, | ||||||
21 | Attorney General, Secretary of State,
Treasurer, Comptroller, | ||||||
22 | United States President, or United States Senator.
| ||||||
23 | "Voters' guide" means any information disseminated by the | ||||||
24 | State Board of
Elections pursuant to
Section 12A-5.
| ||||||
25 | (10 ILCS 5/12A-5 new)
| ||||||
26 | Sec. 12A-5. Internet Guide.
The Board shall publish, no | ||||||
27 | later than the 45th day before a general election
in which a
| ||||||
28 | statewide candidate appears on the ballot, an Internet website | ||||||
29 | with the
following
information:
| ||||||
30 | (1) The date and time of the general election.
| ||||||
31 | (2) Requirements for a citizen to qualify as an |
| |||||||
| |||||||
1 | elector.
| ||||||
2 | (3) The deadline for registering as an elector in the | ||||||
3 | State of Illinois
for
the next
election.
| ||||||
4 | (4) Contact information for local election | ||||||
5 | authorities.
| ||||||
6 | (5) A description of the following offices, when they | ||||||
7 | appear on the
ballot,
including their term of office, basic | ||||||
8 | duties, and base salary: United States
President,
United | ||||||
9 | States Senator, United States Representative, Governor, | ||||||
10 | Lieutenant
Governor,
Attorney
General, Secretary of State, | ||||||
11 | Treasurer, Comptroller, Illinois Supreme Court Judge, and | ||||||
12 | Illinois Appellate Court Judge. The Board shall not include | ||||||
13 | information on any office other than the offices listed in | ||||||
14 | this item (5).
| ||||||
15 | (6) The names and party affiliations of qualified | ||||||
16 | candidates for the
following
offices, when these offices | ||||||
17 | appear on the ballot: United States President,
United | ||||||
18 | States
Senator, United States Representative, Governor, | ||||||
19 | Lieutenant Governor, Attorney
General,
Secretary of State, | ||||||
20 | Treasurer, Comptroller, Illinois Supreme Court Judge, and | ||||||
21 | Illinois Appellate Court Judge. The Board shall not include | ||||||
22 | information on candidates for any office other than the | ||||||
23 | offices listed in this item (6).
| ||||||
24 | (7) Challenged candidates. Where a candidate's right | ||||||
25 | to appear on the
general
election ballot has been | ||||||
26 | challenged, and any appeal remains pending regarding
those
| ||||||
27 | challenges, the challenged candidate may appear on the | ||||||
28 | Internet Guide, subject
to the
other provisions of Section | ||||||
29 | 12A-10. In this instance, the Board may note that
the
| ||||||
30 | candidate's
candidacy has been challenged and that he or | ||||||
31 | she may be removed from the
ballot prior
to election day. | ||||||
32 | If the candidate is removed from the ballot prior to | ||||||
33 | election
day, the
Board shall remove the candidate's name | ||||||
34 | and other information from the Internet
Guide.
|
| |||||||
| |||||||
1 | (8) Any personal statement and photograph submitted by | ||||||
2 | a candidate named
in
the
Internet Guide, subject to | ||||||
3 | Sections 12A-10 and 12A-35.
| ||||||
4 | (9) A means by which an elector may determine what type | ||||||
5 | of balloting
equipment
is used by his or her local election | ||||||
6 | authority, and the instructions for
properly
using that
| ||||||
7 | equipment.
| ||||||
8 | (10) The text of any public question that may appear on | ||||||
9 | the ballot.
| ||||||
10 | (11) A mechanism by which electors may determine in | ||||||
11 | which congressional and judicial districts they reside. | ||||||
12 | The Internet Guide shall allow
visitors to
search for | ||||||
13 | candidates by office (e.g., Governor or United States | ||||||
14 | Senator) and
candidate's name.
| ||||||
15 | (12) Information concerning how to become an election | ||||||
16 | judge.
| ||||||
17 | The Board shall archive the contents of the Internet Guide | ||||||
18 | for a period of at
least 5
years.
| ||||||
19 | In addition, the Board has the discretion to publish a | ||||||
20 | voters' guide before a general primary election in the manner | ||||||
21 | provided in this Article.
| ||||||
22 | (10 ILCS 5/12A-10 new)
| ||||||
23 | Sec. 12A-10. Candidate statements and photographs in the | ||||||
24 | Internet Guide.
| ||||||
25 | (a) Any candidate whose name appears in the Internet Guide | ||||||
26 | may submit a
written
statement and a photograph to appear in | ||||||
27 | the Internet Guide, provided that:
| ||||||
28 | (1) No personal statement may exceed a brief biography | ||||||
29 | (name, age, education, and current employment) and an | ||||||
30 | additional 400 words.
| ||||||
31 | (2) Personal statements may include contact | ||||||
32 | information for the candidate,
including the address and | ||||||
33 | phone number of the campaign headquarters, and the
|
| |||||||
| |||||||
1 | candidate's website.
| ||||||
2 | (3) Personal statements may not mention a candidate's | ||||||
3 | opponents by name.
| ||||||
4 | (4) No personal statement may include language that may | ||||||
5 | not be legally
sent
through the mail.
| ||||||
6 | (5) The photograph shall be a conventional photograph | ||||||
7 | with a plain
background
and show only the face, or the | ||||||
8 | head, neck, and shoulders, of the candidate.
| ||||||
9 | (6) The photograph shall not (i) show the candidate's | ||||||
10 | hands, anything in
the
candidate's hands, or the candidate | ||||||
11 | wearing a
judicial robe, a
hat, or a military, police, or | ||||||
12 | fraternal uniform or (ii)
include the
uniform or insignia | ||||||
13 | of any organization.
| ||||||
14 | (b) The Board must note in the text of the Internet Guide | ||||||
15 | that personal
statements were
submitted by the candidate or his | ||||||
16 | or her designee and were not edited by the
Board.
| ||||||
17 | (c) Where a candidate declines to submit a statement, the | ||||||
18 | Board may note
that
the
candidate declined to submit a | ||||||
19 | statement.
| ||||||
20 | (d) The candidate must pay $600 for inclusion of his or her | ||||||
21 | personal
statement
and
photograph, and the Board shall not | ||||||
22 | include photographs or statements from
candidates
who do not | ||||||
23 | pay the fee. The Board may adopt rules for refunding that fee | ||||||
24 | at the
candidate's
request, provided that the Board may not | ||||||
25 | include a statement or photograph from
a
candidate who has | ||||||
26 | requested a refund of a fee. Fees collected pursuant to this | ||||||
27 | subsection shall be deposited into the Voters' Guide Fund, a | ||||||
28 | special fund created in the State treasury. Moneys in the | ||||||
29 | Voters' Guide Fund shall be appropriated solely to the State | ||||||
30 | Board of Elections for use in the implementation and | ||||||
31 | administration of this Article 12A.
| ||||||
32 | (e) Anyone other than the candidate submitting a statement | ||||||
33 | or photograph
from a
candidate must attest that he or she is | ||||||
34 | doing so on behalf and at the direction
of
the
candidate. The |
| |||||||
| |||||||
1 | Board may assess a civil fine of no more than $1,000 against a
| ||||||
2 | person or entity who falsely
submits a statement or photograph | ||||||
3 | not authorized by the
candidate.
| ||||||
4 | (f) Nothing in this Article makes the author of any | ||||||
5 | statement exempt from
any
civil
or
criminal action because of | ||||||
6 | any defamatory statements offered for posting or
contained in
| ||||||
7 | the Internet Guide. The persons writing, signing, or offering a | ||||||
8 | statement for
inclusion in
the Internet Guide are deemed to be | ||||||
9 | its authors and publishers, and the
Board shall not
be liable | ||||||
10 | in any case or action relating to the content of any material
| ||||||
11 | submitted by any
candidate.
| ||||||
12 | (g) The Board may set reasonable deadlines for the | ||||||
13 | submission of personal
statements and
photographs, provided | ||||||
14 | that a deadline may not be less than 5 business
days after
the | ||||||
15 | last day for filing new party petitions.
| ||||||
16 | (h) The Board may set formats for the submission of | ||||||
17 | statements and
photographs. The
Board may require that | ||||||
18 | statements and photographs are submitted in an
electronic | ||||||
19 | format.
| ||||||
20 | (i) Fees and fines collected pursuant to subsections (d) | ||||||
21 | and (e), respectively, of this Section shall be deposited into | ||||||
22 | the Voters' Guide Fund, a special fund created in the State | ||||||
23 | treasury. Moneys in the Voters' Guide Fund shall be | ||||||
24 | appropriated solely to the State Board of Elections for use in | ||||||
25 | the implementation and administration of this Article 12A.
| ||||||
26 | (10 ILCS 5/12A-15 new)
| ||||||
27 | Sec. 12A-15. Language. The Board may translate all of the | ||||||
28 | material it is
required to
provide for the Internet Guide into | ||||||
29 | other languages as it deems necessary to
comply with
the | ||||||
30 | federal Voting Rights Act or at its discretion. Visitors to the | ||||||
31 | site shall
have the
option of viewing the Guide in all | ||||||
32 | languages into which the Guide has been
translated.
Candidates | ||||||
33 | may, at their option and expense, submit statements in |
| |||||||
| |||||||
1 | languages
other than
English. The Board shall not be | ||||||
2 | responsible for translating candidate
statements.
| ||||||
3 | (10 ILCS 5/12A-35 new)
| ||||||
4 | Sec. 12A-35. Board's review of candidate photograph and | ||||||
5 | statement;
procedure
for
revision.
| ||||||
6 | (a) If a candidate files a photograph and statement
under | ||||||
7 | item (8) of Section 12A-5 in a voters' guide, the Board shall | ||||||
8 | review the
photograph and
statement to ensure that they comply | ||||||
9 | with the requirements of Section 12A-10. Review by the Board | ||||||
10 | under this Section shall be limited
to
determining whether the | ||||||
11 | photograph and statement comply with the requirements
of
| ||||||
12 | Section 12A-10 and may not include any determination relating
| ||||||
13 | to the
accuracy or truthfulness of the substance or contents of | ||||||
14 | the materials filed.
| ||||||
15 | (b) The Board shall review each photograph and statement | ||||||
16 | not later than 3
business days
following the deadline for | ||||||
17 | filing a photograph and statement. If the Board
determines
that | ||||||
18 | the photograph or statement of a candidate must be revised in | ||||||
19 | order to
comply with
the requirements of Section 12A-10, the | ||||||
20 | Board
shall
attempt to contact the candidate not later than the | ||||||
21 | 5th day after the deadline
for filing a
photograph and | ||||||
22 | statement. A candidate contacted by the Board under this | ||||||
23 | Section
may
file a revised photograph or statement no later | ||||||
24 | than the 7th business day
following the
deadline for filing a | ||||||
25 | photograph and statement.
| ||||||
26 | (c) If the Board is required to attempt to contact a | ||||||
27 | candidate under
subsection (b) of this
Section, the Board shall | ||||||
28 | attempt to contact the candidate by telephone or by
using an
| ||||||
29 | electronic transmission facsimile machine, if such contact | ||||||
30 | information is
provided by the
candidate.
| ||||||
31 | (d) If the Board is unable to contact a candidate, if the | ||||||
32 | candidate does
not file a
revised photograph or statement, or | ||||||
33 | if the revised filing under subsection (b)
again
fails to meet |
| |||||||
| |||||||
1 | the standards of review set by the Board:
| ||||||
2 | (1) If a photograph does not comply with Section | ||||||
3 | 12A-10, the Board may modify the photograph. The candidate | ||||||
4 | shall pay the
expense
of any modification before | ||||||
5 | publication of the photograph in the voters' guide.
If the
| ||||||
6 | photograph cannot be modified to comply with Section | ||||||
7 | 12A-10,
the photograph shall not be printed in the guide.
| ||||||
8 | (2) If a statement does not comply with Section 12A-10, | ||||||
9 | the statement shall not be published in the voters' guide.
| ||||||
10 | (e) If the photograph or statement of a candidate filed | ||||||
11 | under item (8)
of Section
12A-5 does not comply with a | ||||||
12 | requirement
of Section 12A-10 and the Board does not attempt to | ||||||
13 | contact the
candidate by
the deadline
specified in subsection | ||||||
14 | (b) of this Section, then, for purposes of this Section
only, | ||||||
15 | the
photograph or statement shall be published as filed.
| ||||||
16 | (f) A candidate revising a photograph or statement under | ||||||
17 | this Section shall
make only
those revisions necessary to | ||||||
18 | comply with Section 12A-10.
| ||||||
19 | (g) The Board may by rule define the term "contact" as used | ||||||
20 | in this
Section.
| ||||||
21 | (10 ILCS 5/12A-40 new)
| ||||||
22 | Sec. 12A-40. Exemption from public records laws.
| ||||||
23 | Notwithstanding any other
provision of law, materials filed by | ||||||
24 | a candidate, political party, political
committee, or
other | ||||||
25 | person for inclusion in a voters' guide are exempt from public | ||||||
26 | inspection
until the
4th business day after the final date for | ||||||
27 | filing the materials.
| ||||||
28 | (10 ILCS 5/12A-45 new)
| ||||||
29 | Sec. 12A-45. Material submitted for inclusion in any | ||||||
30 | voters' guide may not
be
admitted
as evidence in any suit or | ||||||
31 | action against the Board to restrain or enjoin the
publication | ||||||
32 | of
a voters' guide.
|
| |||||||
| |||||||
1 | (10 ILCS 5/12A-50 new)
| ||||||
2 | Sec. 12A-50. Order of appearance within the guides. For all | ||||||
3 | guides
disseminated
by the
Board, all information about offices | ||||||
4 | and candidates on the ballot shall be
listed together
in the | ||||||
5 | same part of the guide or insert. All candidates for one | ||||||
6 | office,
together with their
statements and photographs if any,
| ||||||
7 | shall be listed before information on other offices and | ||||||
8 | candidates is listed.
To the extent
possible, offices and | ||||||
9 | candidates shall be listed in the same order in which
they | ||||||
10 | appear
on the ballot. | ||||||
11 | (10 ILCS 5/12A-55 new)
| ||||||
12 | Sec. 12A-55. Constitutional issues. If a constitutional | ||||||
13 | amendment appears
on
the ballot,
the contents of the pamphlet | ||||||
14 | issued by the Secretary of State under Section 2
of the | ||||||
15 | Illinois Constitutional Amendment Act may be included in any | ||||||
16 | guide
issued by the
Board.
| ||||||
17 | (10 ILCS 5/13-2.5 new)
| ||||||
18 | Sec. 13-2.5. Time off from work to serve as election judge.
| ||||||
19 | Any person
who
is
appointed as an election judge under Section | ||||||
20 | 13-1 or 13-2 may, after giving his
or her
employer at least 20 | ||||||
21 | days' written notice, be absent from his or her place of
work | ||||||
22 | for the
purpose of serving as an election judge. An employer | ||||||
23 | may not penalize an
employee for
that absence other than a | ||||||
24 | deduction in salary for the time the employee was
absent from
| ||||||
25 | his or her place of employment.
| ||||||
26 | This Section does not apply to an employer with fewer than | ||||||
27 | 25 employees.
An employer with more than 25 employees
shall not | ||||||
28 | be required to permit more than 10% of the employees to be | ||||||
29 | absent
under this Section on the same election day.
| ||||||
30 | (10 ILCS 5/14-4.5 new)
|
| |||||||
| |||||||
1 | Sec. 14-4.5. Time off from work to serve as election judge.
| ||||||
2 | Any person
who
is
appointed as an election judge under Section | ||||||
3 | 13-1 or 13-2 may, after giving his
or her
employer at least 20 | ||||||
4 | days' written notice, be absent from his or her place of
work | ||||||
5 | for the
purpose of serving as an election judge. An employer | ||||||
6 | may not penalize an
employee for
that absence other than a | ||||||
7 | deduction in salary for the time the employee was
absent from
| ||||||
8 | his or her place of employment.
| ||||||
9 | This Section does not apply to an employer with fewer than | ||||||
10 | 25 employees.
An employer with more than 25 employees
shall not | ||||||
11 | be required to permit more than 10% of the employees to be | ||||||
12 | absent
under this Section on the same election day.
| ||||||
13 | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
| ||||||
14 | Sec. 17-9. Any person desiring to vote shall give his name | ||||||
15 | and, if
required to do so, his residence to the judges of | ||||||
16 | election, one of whom
shall thereupon announce the same in a | ||||||
17 | loud and distinct tone of voice,
clear, and audible; the judges | ||||||
18 | of elections shall check each application
for ballot against | ||||||
19 | the list of voters registered in that precinct to
whom absentee
| ||||||
20 | or early
ballots have been issued for that election, which | ||||||
21 | shall be
provided by the election authority and which list | ||||||
22 | shall be available for
inspection by pollwatchers. A voter | ||||||
23 | applying to vote in the
precinct on election day whose name | ||||||
24 | appears on the list as having
been issued an absentee
or early
| ||||||
25 | ballot shall not be permitted to vote in the
precinct unless | ||||||
26 | that voter submits to the judges of election, for
cancellation | ||||||
27 | or revocation, his
absentee
ballot. In the case that the | ||||||
28 | voter's absentee
ballot is not present
in the polling place, it | ||||||
29 | shall be sufficient for any such voter to submit to
the judges | ||||||
30 | of election in lieu of his absentee
ballot, either a portion
of | ||||||
31 | such ballot if torn or mutilated, an affidavit executed before | ||||||
32 | the
judges of election specifying that the voter never received | ||||||
33 | an absentee
ballot, or an affidavit executed before the judges |
| |||||||
| |||||||
1 | of election specifying
that the voter desires to cancel or | ||||||
2 | revoke any absentee
ballot that may have
been cast in the | ||||||
3 | voter's name . All applicable provisions of Articles
4, 5 or 6 | ||||||
4 | shall be complied with and if such name is found on the | ||||||
5 | register of
voters by the
officer having charge thereof, he | ||||||
6 | shall likewise repeat said name, and
the voter shall be allowed | ||||||
7 | to enter within the proximity of the voting
booths, as above | ||||||
8 | provided. One of the judges shall give the voter one,
and only | ||||||
9 | one of each ballot to be voted at the election, on the back of
| ||||||
10 | which ballots such judge shall indorse his initials in such | ||||||
11 | manner that
they may be seen when each such ballot is properly | ||||||
12 | folded, and the
voter's name shall be immediately checked on | ||||||
13 | the register list. In those
election jurisdictions where | ||||||
14 | perforated ballot cards are utilized of the
type on which | ||||||
15 | write-in votes can be cast above the perforation, the election
| ||||||
16 | authority shall provide a space both above and below the | ||||||
17 | perforation for
the judge's initials, and the judge shall | ||||||
18 | endorse his or her initials in
both spaces. Whenever
a proposal | ||||||
19 | for a constitutional amendment or for the calling of a
| ||||||
20 | constitutional convention is to be voted upon at the election, | ||||||
21 | the
separate blue ballot or ballots pertaining thereto shall, | ||||||
22 | when being
handed to the voter, be placed on top of the other | ||||||
23 | ballots to be voted
at the election in such manner that the | ||||||
24 | legend appearing on the back
thereof, as prescribed in Section | ||||||
25 | 16-6 of this Act, shall be plainly
visible to the voter. At all | ||||||
26 | elections, when a registry may be
required, if the name of any | ||||||
27 | person so desiring to vote at such election
is not found on the | ||||||
28 | register of voters, he or she shall not receive a ballot
until | ||||||
29 | he or she shall have complied with the law prescribing the | ||||||
30 | manner and
conditions of voting by unregistered voters. If any | ||||||
31 | person desiring to
vote at any election shall be challenged, he | ||||||
32 | or she shall not receive a ballot
until he or she shall have | ||||||
33 | established his right to vote in the manner provided
| ||||||
34 | hereinafter; and if he or she shall be challenged after he has |
| |||||||
| |||||||
1 | received his
ballot, he shall not be permitted to vote until he | ||||||
2 | or she has fully complied
with such requirements of the law | ||||||
3 | upon being challenged. Besides the
election officer, not more | ||||||
4 | than 2 voters in excess of the whole number
of voting booths | ||||||
5 | provided shall be allowed within the proximity of the voting
| ||||||
6 | booths at one
time. The provisions of this Act, so far as they | ||||||
7 | require the
registration of voters as a condition to their | ||||||
8 | being allowed to vote
shall not apply to persons otherwise | ||||||
9 | entitled to vote, who are, at the
time of the election, or at | ||||||
10 | any time within 60 days prior to such
election have been | ||||||
11 | engaged in the military or naval service of the
United States, | ||||||
12 | and who appear personally at the polling place on
election day | ||||||
13 | and produce to the judges of election satisfactory evidence
| ||||||
14 | thereof, but such persons, if otherwise qualified to vote, | ||||||
15 | shall be
permitted to vote at such election without previous | ||||||
16 | registration.
| ||||||
17 | All such persons shall also make an affidavit which shall | ||||||
18 | be in
substantially the following form:
| ||||||
19 | State of Illinois,)
| ||||||
20 | ) ss.
| ||||||
21 | County of ........)
| ||||||
22 | ............... Precinct .......... Ward
| ||||||
23 | I, ...., do solemnly swear (or affirm) that I am a citizen | ||||||
24 | of the
United States, of the age of 18 years or over, and that | ||||||
25 | within the past
60 days prior to the date of this election at | ||||||
26 | which I am applying to
vote, I have been engaged in the .... | ||||||
27 | (military or naval) service of the
United States; and I am | ||||||
28 | qualified to vote under and by virtue of the
Constitution and | ||||||
29 | laws of the State of Illinois, and that I am a legally
| ||||||
30 | qualified voter of this precinct and ward except that I have, | ||||||
31 | because of
such service, been unable to register as a voter; | ||||||
32 | that I now reside at
.... (insert street and number, if any) in | ||||||
33 | this precinct and ward; that I
have maintained a legal | ||||||
34 | residence in this precinct and ward for 30 days
and in this |
| |||||||
| |||||||
1 | State 30 days next preceding this election.
| ||||||
2 | .........................
| ||||||
3 | Subscribed and sworn to before me on (insert date).
| ||||||
4 | .........................
| ||||||
5 | Judge of Election.
| ||||||
6 | The affidavit of any such person shall be supported by the | ||||||
7 | affidavit
of a resident and qualified voter of any such | ||||||
8 | precinct and ward, which
affidavit shall be in substantially | ||||||
9 | the following form:
| ||||||
10 | State of Illinois,)
| ||||||
11 | ) ss.
| ||||||
12 | County of ........)
| ||||||
13 | ........... Precinct ........... Ward
| ||||||
14 | I, ...., do solemnly swear (or affirm), that I am a | ||||||
15 | resident of this
precinct and ward and entitled to vote at this | ||||||
16 | election; that I am
acquainted with .... (name of the | ||||||
17 | applicant); that I verily believe him
to be an actual bona fide | ||||||
18 | resident of this precinct and ward and that I
verily believe | ||||||
19 | that he or she has maintained a legal residence therein 30 days
| ||||||
20 | and in this State 30 days next preceding this election.
| ||||||
21 | .........................
| ||||||
22 | Subscribed and sworn to before me on (insert date).
| ||||||
23 | .........................
| ||||||
24 | Judge of Election.
| ||||||
25 | All affidavits made under the provisions of this Section | ||||||
26 | shall be
enclosed in a separate envelope securely sealed, and | ||||||
27 | shall be
transmitted with the returns of the elections to the | ||||||
28 | county clerk or to
the board of election commissioners, who | ||||||
29 | shall preserve the said
affidavits for the period of 6 months, | ||||||
30 | during which period such
affidavits shall be deemed public | ||||||
31 | records and shall be freely open to
examination as such.
| ||||||
32 | (Source: P.A. 91-357, eff. 7-29-99.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/17-15) (from Ch. 46, par. 17-15)
| ||||||
2 | Sec. 17-15. Any person entitled to vote at a general or | ||||||
3 | special election or
at any election at which propositions are | ||||||
4 | submitted to a popular vote in
this State, shall, on the day of | ||||||
5 | such election, be entitled to absent
himself from any services | ||||||
6 | or employment in which he is then engaged or
employed, for a | ||||||
7 | period of 2 hours between the time of opening and closing
the | ||||||
8 | polls; and such voter shall not because of so absenting himself | ||||||
9 | be
liable to any penalty; Provided, however, that application | ||||||
10 | for such leave
of absence shall be made prior to the day of | ||||||
11 | election. The employer may
specify the hours during which said | ||||||
12 | employee may absent himself as
aforesaid , except that the | ||||||
13 | employer must permit a 2-hour absence during working hours if | ||||||
14 | the employee's working hours begin less than 2 hours after the | ||||||
15 | opening of the polls and end less than 2 hours before the | ||||||
16 | closing of the polls . No person or corporation shall refuse to | ||||||
17 | an employee the
privilege hereby conferred, nor shall subject | ||||||
18 | an employee to a penalty , including a reduction in compensation | ||||||
19 | due to an absence under this Section,
because of the exercise | ||||||
20 | of such privilege, nor shall directly or indirectly
violate the | ||||||
21 | provisions of this section.
| ||||||
22 | (Source: Laws 1963, p. 2532.)
| ||||||
23 | (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
| ||||||
24 | Sec. 17-23. Pollwatchers in a general election shall be | ||||||
25 | authorized in
the following manner:
| ||||||
26 | (1) Each established political party shall be entitled to | ||||||
27 | appoint
two pollwatchers per precinct. Such pollwatchers must | ||||||
28 | be affiliated
with the political party for which they are | ||||||
29 | pollwatching. For all
elections, the pollwatchers must be
| ||||||
30 | registered to vote in Illinois.
| ||||||
31 | (2) Each candidate shall be entitled to appoint two | ||||||
32 | pollwatchers per
precinct. For all elections, the pollwatchers |
| |||||||
| |||||||
1 | must be
registered to vote
in Illinois.
| ||||||
2 | (3) Each organization of citizens within the county or | ||||||
3 | political
subdivision, which has among its purposes or | ||||||
4 | interests the investigation
or prosecution of election frauds, | ||||||
5 | and which shall have registered its
name and address and the | ||||||
6 | name and addresses of its principal officers
with the proper | ||||||
7 | election authority at least 40 days before the election,
shall | ||||||
8 | be entitled to appoint one pollwatcher per precinct. For all
| ||||||
9 | elections, the pollwatcher must be registered to vote in
| ||||||
10 | Illinois.
| ||||||
11 | (4) In any general election held to elect candidates for | ||||||
12 | the offices of
a municipality of less than 3,000,000 population | ||||||
13 | that is situated in 2 or
more counties, a pollwatcher who is a | ||||||
14 | resident of Illinois shall be eligible to serve as a
| ||||||
15 | pollwatcher in any poll located within such
municipality, | ||||||
16 | provided that such pollwatcher otherwise complies with the
| ||||||
17 | respective requirements of subsections (1) through (3) of this | ||||||
18 | Section and
is a registered voter in Illinois.
| ||||||
19 | (5) Each organized group of proponents or opponents of a | ||||||
20 | ballot
proposition, which shall have registered the name and | ||||||
21 | address of its
organization or committee and the name and | ||||||
22 | address of its chairman with the
proper election authority at | ||||||
23 | least 40 days before the election, shall be
entitled to appoint | ||||||
24 | one pollwatcher per precinct. The pollwatcher
must be
| ||||||
25 | registered to vote in Illinois.
| ||||||
26 | All pollwatchers shall be required to have proper | ||||||
27 | credentials. Such
credentials shall be printed in sufficient | ||||||
28 | quantities, shall be issued
by and under the facsimile | ||||||
29 | signature(s) of the election authority and
shall be available | ||||||
30 | for distribution at least 2 weeks prior to the
election. Such | ||||||
31 | credentials shall be authorized by the real or facsimile
| ||||||
32 | signature of the State or local party official or the candidate | ||||||
33 | or the
presiding officer of the civic organization or the | ||||||
34 | chairman of the
proponent or opponent group, as the case may |
| |||||||
| |||||||
1 | be.
| ||||||
2 | Pollwatcher credentials shall be in substantially the | ||||||
3 | following form:
| ||||||
4 | POLLWATCHER CREDENTIALS
| ||||||
5 | TO THE JUDGES OF ELECTION:
| ||||||
6 | In accordance with the provisions of the Election
Code, the | ||||||
7 | undersigned hereby appoints .......... (name of pollwatcher)
| ||||||
8 | who resides at ........... (address) in the county
of | ||||||
9 | ..........., .......... (township or municipality)
of | ||||||
10 | ........... (name), State of Illinois and who is duly | ||||||
11 | registered
to vote from this address, to act as a pollwatcher | ||||||
12 | in the
........... precinct of the ........... ward (if | ||||||
13 | applicable)
of the ........... (township or municipality) of | ||||||
14 | ........... at the
........... election to be held on (insert | ||||||
15 | date).
| ||||||
16 | ........................ (Signature of Appointing Authority)
| ||||||
17 | ......................... TITLE (party official, candidate,
| ||||||
18 | civic organization president,
| ||||||
19 | proponent or opponent group chairman)
| ||||||
20 | Under penalties provided by law pursuant to Section 29-10 | ||||||
21 | of the
Election Code, the undersigned pollwatcher certifies | ||||||
22 | that he or she resides
at ................ (address) in the | ||||||
23 | county of ............, .........
(township or municipality) | ||||||
24 | of ........... (name), State of Illinois, and is
duly | ||||||
25 | registered to vote in Illinois.
| ||||||
26 | .......................... .......................
| ||||||
27 | (Precinct and/or Ward in (Signature of Pollwatcher)
| ||||||
28 | Which Pollwatcher Resides)
| ||||||
29 | Pollwatchers must present their credentials to the Judges | ||||||
30 | of Election
upon entering the polling place. Pollwatcher | ||||||
31 | credentials properly
executed and signed shall be proof of the |
| |||||||
| |||||||
1 | qualifications of the
pollwatcher authorized thereby. Such | ||||||
2 | credentials are retained by the
Judges and returned to the | ||||||
3 | Election Authority at the end of the day of
election with the | ||||||
4 | other election materials. Once a pollwatcher has
surrendered a | ||||||
5 | valid credential, he may leave and reenter the polling place
| ||||||
6 | provided that such continuing action does not disrupt the | ||||||
7 | conduct of the
election. Pollwatchers may be substituted during | ||||||
8 | the course of the day, but
established political parties, | ||||||
9 | candidates and qualified civic organizations
can have only as | ||||||
10 | many pollwatchers at any given time as are authorized in
this | ||||||
11 | Article. A substitute must present his signed credential to the
| ||||||
12 | judges of election upon entering the polling place. Election | ||||||
13 | authorities
must provide a sufficient number of credentials to | ||||||
14 | allow for substitution
of pollwatchers. After the polls have | ||||||
15 | closed pollwatchers shall be allowed
to remain until the | ||||||
16 | canvass of votes is completed; but may leave and
reenter only | ||||||
17 | in cases of necessity, provided that such action is not so
| ||||||
18 | continuous as to disrupt the canvass of votes.
| ||||||
19 | Candidates seeking office in a district or municipality | ||||||
20 | encompassing 2
or more counties shall be admitted to any and | ||||||
21 | all polling places throughout
such district or municipality | ||||||
22 | without regard to the counties in which such
candidates are | ||||||
23 | registered to vote. Actions of such candidates shall be
| ||||||
24 | governed in each polling place by the same privileges and | ||||||
25 | limitations that
apply to pollwatchers as provided in this | ||||||
26 | Section. Any such candidate who
engages in an activity in a | ||||||
27 | polling place which could reasonably be
construed by a majority | ||||||
28 | of the judges of election as campaign activity
shall be removed | ||||||
29 | forthwith from such polling place.
| ||||||
30 | Candidates seeking office in a district or municipality | ||||||
31 | encompassing 2 or
more counties who desire to be admitted to | ||||||
32 | polling places on election day
in such district or municipality | ||||||
33 | shall be required to have proper
credentials. Such credentials | ||||||
34 | shall be printed in sufficient quantities,
shall be issued by |
| |||||||
| |||||||
1 | and under the facsimile signature of the
election authority of | ||||||
2 | the election jurisdiction where the polling place in
which the | ||||||
3 | candidate seeks admittance is located, and shall be available | ||||||
4 | for
distribution at least 2 weeks prior to the election. Such | ||||||
5 | credentials shall
be signed by the candidate.
| ||||||
6 | Candidate credentials shall be in substantially the | ||||||
7 | following form:
| ||||||
8 | CANDIDATE CREDENTIALS
| ||||||
9 | TO THE JUDGES OF ELECTION:
| ||||||
10 | In accordance with the provisions of the Election Code, I | ||||||
11 | ...... (name of
candidate) hereby certify that I am a candidate | ||||||
12 | for ....... (name of
office) and seek admittance to ....... | ||||||
13 | precinct of the ....... ward (if
applicable) of the ....... | ||||||
14 | (township or municipality) of ....... at the
....... election | ||||||
15 | to be held on (insert date).
| ||||||
16 | ......................... .......................
| ||||||
17 | (Signature of Candidate) OFFICE FOR WHICH
| ||||||
18 | CANDIDATE SEEKS
| ||||||
19 | NOMINATION OR
| ||||||
20 | ELECTION
| ||||||
21 | Pollwatchers shall be permitted to observe all proceedings | ||||||
22 | and view all reasonably requested records relating
to the | ||||||
23 | conduct of the election , provided the secrecy of the ballot is | ||||||
24 | not impinged, and to station themselves in a position
in the | ||||||
25 | voting room as will enable them to observe the judges making | ||||||
26 | the
signature comparison between the voter application and the | ||||||
27 | voter
registration record card; provided, however, that such | ||||||
28 | pollwatchers
shall not be permitted to station themselves in | ||||||
29 | such close proximity to
the judges of election so as to | ||||||
30 | interfere with the orderly conduct of
the election and shall | ||||||
31 | not, in any event, be permitted to handle
election materials. | ||||||
32 | Pollwatchers may challenge for cause the voting
qualifications |
| |||||||
| |||||||
1 | of a person offering to vote and may call to the
attention of | ||||||
2 | the judges of election any incorrect procedure or apparent
| ||||||
3 | violations of this Code.
| ||||||
4 | If a majority of the judges of election determine that the | ||||||
5 | polling
place has become too overcrowded with pollwatchers so | ||||||
6 | as to interfere
with the orderly conduct of the election, the | ||||||
7 | judges shall, by lot,
limit such pollwatchers to a reasonable | ||||||
8 | number, except that each
established or new political party | ||||||
9 | shall be permitted to have at least
one pollwatcher present.
| ||||||
10 | Representatives of an election authority, with regard to an | ||||||
11 | election
under its jurisdiction, the State Board of Elections, | ||||||
12 | and law
enforcement agencies, including but not limited to a | ||||||
13 | United States
Attorney, a State's attorney, the Attorney | ||||||
14 | General, and a State, county,
or local police department, in | ||||||
15 | the performance of their official
election duties, shall be | ||||||
16 | permitted at all times to enter and remain in
the polling | ||||||
17 | place. Upon entering the polling place, such
representatives | ||||||
18 | shall display their official credentials or other
| ||||||
19 | identification to the judges of election.
| ||||||
20 | Uniformed police officers assigned to polling place duty | ||||||
21 | shall follow
all lawful instructions of the judges of election.
| ||||||
22 | The provisions of this Section shall also apply to | ||||||
23 | supervised casting of
absentee ballots as provided in Section | ||||||
24 | 19-12.2 of this Act.
| ||||||
25 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
26 | (10 ILCS 5/17-100 new)
| ||||||
27 | Sec. 17-100. Definition of a vote.
| ||||||
28 | (a) Notwithstanding any law to the contrary, for the | ||||||
29 | purpose of this
Article, a person casts a valid vote on a punch | ||||||
30 | card ballot when:
| ||||||
31 | (1) A chad on the card has at least one corner detached | ||||||
32 | from the card;
| ||||||
33 | (2) The fibers of paper on at least one edge of the |
| |||||||
| |||||||
1 | chad are broken in a
way that permits unimpeded light to be | ||||||
2 | seen through the card; or
| ||||||
3 | (3) An indentation on the chad from the stylus or other | ||||||
4 | object is present
and indicates a clearly ascertainable | ||||||
5 | intent of the voter to vote based on the
totality of the | ||||||
6 | circumstances, including but not limited to any pattern or
| ||||||
7 | frequency of indentations on other ballot positions from | ||||||
8 | the same ballot
card.
| ||||||
9 | (b) Write-in votes shall be counted in a manner consistent | ||||||
10 | with the existing
provisions of this Code.
| ||||||
11 | (c) For purposes of this Section, a "chad" is that portion | ||||||
12 | of a ballot card
that a voter punches or perforates with a | ||||||
13 | stylus or other designated marking
device to manifest his or | ||||||
14 | her vote for a particular ballot position on a ballot
card as | ||||||
15 | defined in subsection (a).
| ||||||
16 | (d) Prior to the original counting of any punch card | ||||||
17 | ballots, an election judge may not alter a punch card ballot in | ||||||
18 | any manner, including, but not limited to, the removal or | ||||||
19 | manipulation of chads.
| ||||||
20 | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
| ||||||
21 | Sec. 18-5. Any person desiring to vote and whose name is | ||||||
22 | found upon
the register of voters by the person having charge | ||||||
23 | thereof, shall then
be questioned by one of the judges as to | ||||||
24 | his nativity, his term of
residence at present address, | ||||||
25 | precinct, State and United States, his
age, whether naturalized | ||||||
26 | and if so the date of naturalization papers and
court from | ||||||
27 | which secured, and he shall be asked to state his residence
| ||||||
28 | when last previously registered and the date of the election | ||||||
29 | for which
he then registered. The judges of elections shall | ||||||
30 | check each application
for ballot against the list of voters | ||||||
31 | registered in that precinct to whom
absentee and early ballots | ||||||
32 | have been issued for that election, which shall
be provided
by | ||||||
33 | the election authority and which list shall be available for |
| |||||||
| |||||||
1 | inspection
by pollwatchers. A voter applying to vote in
the | ||||||
2 | precinct on
election day whose name appears on the list as | ||||||
3 | having been issued an absentee
or early ballot shall not be | ||||||
4 | permitted to vote in the precinct unless that
voter
submits to | ||||||
5 | the judges of election, for cancellation or revocation, his
| ||||||
6 | absentee ballot. In the case that the voter's absentee ballot | ||||||
7 | is not
present in the polling place, it shall be
sufficient for | ||||||
8 | any such voter to submit to the judges of election in lieu
of | ||||||
9 | his absentee ballot, either a portion of such ballot if torn or
| ||||||
10 | mutilated, an affidavit executed before the judges of election
| ||||||
11 | specifying that the voter never received an absentee ballot, or | ||||||
12 | an
affidavit
executed before the judges of election specifying | ||||||
13 | that the voter desires to
cancel or revoke any absentee ballot | ||||||
14 | that may have been cast in
the voter's
name .
If such person
so | ||||||
15 | registered shall be challenged as disqualified, the party | ||||||
16 | challenging
shall assign his reasons therefor, and thereupon | ||||||
17 | one of the judges shall
administer to him an oath to answer | ||||||
18 | questions, and if he shall take the
oath he shall then be | ||||||
19 | questioned by the judge or judges touching such cause
of | ||||||
20 | challenge, and touching any other cause of disqualification. | ||||||
21 | And he may
also be questioned by the person challenging him in | ||||||
22 | regard to his
qualifications and identity. But if a majority of | ||||||
23 | the judges are of the
opinion that he is the person so | ||||||
24 | registered and a qualified voter, his vote
shall then be | ||||||
25 | received accordingly. But if his vote be rejected by such
| ||||||
26 | judges, such person may afterward produce and deliver an | ||||||
27 | affidavit to such
judges, subscribed and sworn to by him before | ||||||
28 | one of the judges, in which
it shall be stated how long he has | ||||||
29 | resided in such precinct, and state;
that he is a citizen of | ||||||
30 | the United States, and is a duly qualified voter in
such | ||||||
31 | precinct, and that he is the identical person so registered.
In | ||||||
32 | addition to such an affidavit, the person so challenged shall | ||||||
33 | provide
to the judges of election proof of residence by | ||||||
34 | producing 2 forms of
identification showing the person's |
| |||||||
| |||||||
1 | current residence address, provided
that such identification | ||||||
2 | to the person at his current residence address and
postmarked | ||||||
3 | not earlier than 30 days prior to the date of the
election, or | ||||||
4 | the person shall procure a witness personally known to the
| ||||||
5 | judges of election, and resident in the precinct (or district), | ||||||
6 | or who
shall be proved by some legal voter of such precinct or | ||||||
7 | district, known to
the judges to be such, who shall take the | ||||||
8 | oath following, viz:
| ||||||
9 | I do solemnly swear (or affirm) that I am a resident of | ||||||
10 | this election
precinct (or district), and entitled to vote at | ||||||
11 | this election, and that I
have been a resident of this State | ||||||
12 | for 30 days last past, and am well
acquainted with the person | ||||||
13 | whose vote is now offered; that he is an actual
and bona fide | ||||||
14 | resident of this election precinct (or district), and has
| ||||||
15 | resided herein 30 days, and as I verily believe, in this State, | ||||||
16 | 30 days
next preceding this election.
| ||||||
17 | The oath in each case may be administered by one of the | ||||||
18 | judges of
election, or by any officer, resident in the precinct | ||||||
19 | or district,
authorized by law to administer oaths. Also | ||||||
20 | supported by an affidavit by a
registered voter residing in | ||||||
21 | such precinct, stating his own residence, and
that he knows | ||||||
22 | such person; and that he does reside at the place mentioned
and | ||||||
23 | has resided in such precinct and state for the length of time | ||||||
24 | as stated
by such person, which shall be subscribed and sworn | ||||||
25 | to in the same way.
Whereupon the vote of such person shall be | ||||||
26 | received, and entered as other
votes. But such judges, having | ||||||
27 | charge of such registers, shall state in
their respective books | ||||||
28 | the facts in such case, and the affidavits, so
delivered to the | ||||||
29 | judges, shall be preserved and returned to the office of
the | ||||||
30 | commissioners of election. Blank affidavits of the character | ||||||
31 | aforesaid
shall be sent out to the judges of all the precincts, | ||||||
32 | and the judges of
election shall furnish the same on demand and | ||||||
33 | administer the oaths without
criticism. Such oaths, if | ||||||
34 | administered by any other officer than such judge
of election, |
| |||||||
| |||||||
1 | shall not be received. Whenever a proposal for a
constitutional | ||||||
2 | amendment or for the calling of a constitutional convention
is | ||||||
3 | to be voted upon at the election, the separate blue ballot or | ||||||
4 | ballots
pertaining thereto shall be placed on top of the other | ||||||
5 | ballots to be voted
at the election in such manner that the | ||||||
6 | legend appearing on the back
thereof, as prescribed in Section | ||||||
7 | 16-6 of this Act, shall be plainly
visible to the voter, and in | ||||||
8 | this fashion the ballots shall be handed to
the voter by the | ||||||
9 | judge.
| ||||||
10 | The voter shall, upon quitting the voting booth, deliver to | ||||||
11 | one of
the judges of election all of the ballots, properly | ||||||
12 | folded, which he
received. The judge of election to whom the | ||||||
13 | voter delivers his ballots
shall not accept the same unless all | ||||||
14 | of the ballots given to the voter
are returned by him. If a | ||||||
15 | voter delivers less than all of the ballots
given to him, the | ||||||
16 | judge to whom the same are offered shall advise him in
a voice | ||||||
17 | clearly audible to the other judges of election that the voter
| ||||||
18 | must return the remainder of the ballots. The statement of the | ||||||
19 | judge to
the voter shall clearly express the fact that the | ||||||
20 | voter is not required
to vote such remaining ballots but that | ||||||
21 | whether or not he votes them he
must fold and deliver them to | ||||||
22 | the judge. In making such statement the
judge of election shall | ||||||
23 | not indicate by word, gesture or intonation of
voice that the | ||||||
24 | unreturned ballots shall be voted in any particular
manner. No | ||||||
25 | new voter shall be permitted to enter the voting booth of a
| ||||||
26 | voter who has failed to deliver the total number of ballots | ||||||
27 | received by
him until such voter has returned to the voting | ||||||
28 | booth pursuant to the
judge's request and again quit the booth | ||||||
29 | with all of the ballots
required to be returned by him. Upon | ||||||
30 | receipt of all such ballots the
judges of election shall enter | ||||||
31 | the name of the voter, and his number, as
above provided in | ||||||
32 | this section, and the judge to whom the ballots are
delivered | ||||||
33 | shall immediately put the ballots into the ballot box. If any
| ||||||
34 | voter who has failed to deliver all the ballots received by him |
| |||||||
| |||||||
1 | refuses
to return to the voting booth after being advised by | ||||||
2 | the judge of
election as herein provided, the judge shall | ||||||
3 | inform the other judges of
such refusal, and thereupon the | ||||||
4 | ballot or ballots returned to the judge
shall be deposited in | ||||||
5 | the ballot box, the voter shall be permitted to
depart from the | ||||||
6 | polling place, and a new voter shall be permitted to
enter the | ||||||
7 | voting booth.
| ||||||
8 | The judge of election who receives the ballot or ballots | ||||||
9 | from the
voter shall announce the residence and name of such | ||||||
10 | voter in a loud
voice. The judge shall put the ballot or | ||||||
11 | ballots received from the voter
into the ballot box in the | ||||||
12 | presence of the voter and the judges of
election, and in plain | ||||||
13 | view of the public. The judges having charge of
such registers | ||||||
14 | shall then, in a column prepared thereon, in the same
line of, | ||||||
15 | the name of the voter, mark "Voted" or the letter "V".
| ||||||
16 | No judge of election shall accept from any voter less than | ||||||
17 | the full
number of ballots received by such voter without first | ||||||
18 | advising the
voter in the manner above provided of the | ||||||
19 | necessity of returning all of
the ballots, nor shall any such | ||||||
20 | judge advise such voter in a manner
contrary to that which is | ||||||
21 | herein permitted, or in any other manner
violate the provisions | ||||||
22 | of this section; provided, that the acceptance by
a judge of | ||||||
23 | election of less than the full number of ballots delivered to
a | ||||||
24 | voter who refuses to return to the voting booth after being | ||||||
25 | properly
advised by such judge shall not be a violation of this | ||||||
26 | Section.
| ||||||
27 | (Source: P.A. 89-653, eff. 8-14-96.)
| ||||||
28 | (10 ILCS 5/18-100 new)
| ||||||
29 | Sec. 18-100. Definition of a vote.
| ||||||
30 | (a) Notwithstanding any law to the contrary, for the | ||||||
31 | purpose of this
Article, a person casts a valid vote on a punch | ||||||
32 | card ballot when:
| ||||||
33 | (1) A chad on the card has at least one corner detached |
| |||||||
| |||||||
1 | from the card;
| ||||||
2 | (2) The fibers of paper on at least one edge of the | ||||||
3 | chad are broken in a
way that permits unimpeded light to be | ||||||
4 | seen through the card; or
| ||||||
5 | (3) An indentation on the chad from the stylus or other | ||||||
6 | object is present
and indicates a clearly ascertainable | ||||||
7 | intent of the voter to vote based on the
totality of the | ||||||
8 | circumstances, including but not limited to any pattern or
| ||||||
9 | frequency of indentations on other ballot positions from | ||||||
10 | the same ballot
card.
| ||||||
11 | (b) Write-in votes shall be counted in a manner consistent | ||||||
12 | with the existing
provisions of this Code.
| ||||||
13 | (c) For purposes of this Section, a "chad" is that portion | ||||||
14 | of a ballot card
that a voter punches or perforates with a | ||||||
15 | stylus or other designated marking
device to manifest his or | ||||||
16 | her vote for a particular ballot position on a ballot
card as | ||||||
17 | defined in subsection (a).
| ||||||
18 | (d) Prior to the original counting of any punch card | ||||||
19 | ballots, an election judge may not alter a punch card ballot in | ||||||
20 | any manner, including, but not limited to, the removal or | ||||||
21 | manipulation of chads.
| ||||||
22 | (10 ILCS 5/18A-5)
| ||||||
23 | (Text of Section before amendment by P.A. 93-1071 )
| ||||||
24 | Sec. 18A-5. Provisional voting; general provisions.
| ||||||
25 | (a) A person who claims to be a registered voter is | ||||||
26 | entitled to cast a
provisional ballot under the following | ||||||
27 | circumstances:
| ||||||
28 | (1) The person's name does not appear on the official | ||||||
29 | list of eligible
voters , whether a list of active or | ||||||
30 | inactive voters, for the precinct in which
the person seeks | ||||||
31 | to vote . The official list is the centralized statewide | ||||||
32 | voter registration list established and maintained in | ||||||
33 | accordance with Section 1A-25 ;
|
| |||||||
| |||||||
1 | (2) The person's voting status has been challenged by | ||||||
2 | an election judge, a
pollwatcher, or any legal voter and | ||||||
3 | that challenge has been sustained by a
majority of the | ||||||
4 | election judges; or
| ||||||
5 | (3) A federal or State court order extends the time for | ||||||
6 | closing the polls
beyond the time period established by | ||||||
7 | State law and the person votes during the
extended time | ||||||
8 | period ; or .
| ||||||
9 | (4) The voter registered to vote by mail and is | ||||||
10 | required by law to
present identification when voting | ||||||
11 | either in person or by absentee ballot, but
fails to do so. | ||||||
12 | (b) The procedure for obtaining and casting a provisional | ||||||
13 | ballot at the
polling place
shall be as follows:
| ||||||
14 | (1) After first verifying through an examination of the | ||||||
15 | precinct register that the person's address is within the | ||||||
16 | precinct boundaries, an
An election judge at the polling | ||||||
17 | place shall notify a person who is
entitled to cast a | ||||||
18 | provisional ballot pursuant to subsection (a)
that he or | ||||||
19 | she may cast a provisional ballot in that election.
An | ||||||
20 | election judge
must accept any information provided by a | ||||||
21 | person who casts a provisional ballot
that the person | ||||||
22 | believes supports his or her claim that he or she is a duly
| ||||||
23 | registered voter and qualified to vote in the election. | ||||||
24 | However, if the person's residence address is outside the | ||||||
25 | precinct boundaries, the election judge shall inform the | ||||||
26 | person of that fact, give the person the appropriate | ||||||
27 | telephone number of the election authority in order to | ||||||
28 | locate the polling place assigned to serve that address, | ||||||
29 | and instruct the person to go to the proper polling place | ||||||
30 | to vote.
| ||||||
31 | (2) The person shall execute a written form provided by | ||||||
32 | the
election judge that shall state or contain all of the | ||||||
33 | following that is available :
| ||||||
34 | (i) an affidavit stating the following:
|
| |||||||
| |||||||
1 | State of Illinois, County of ................, | ||||||
2 | Township
.............,
Precinct ........, Ward | ||||||
3 | ........, I, ......................., do solemnly
| ||||||
4 | swear (or affirm) that: I am a citizen of the United | ||||||
5 | States; I am 18 years of
age or older; I have resided | ||||||
6 | in this State and in this precinct for 30 days
| ||||||
7 | preceding this election; I have not voted in this | ||||||
8 | election; I am a duly
registered voter in every | ||||||
9 | respect; and I am eligible to vote in this election.
| ||||||
10 | Signature ...... Printed Name of Voter ....... Printed | ||||||
11 | Residence
Address of Voter ...... City
...... State | ||||||
12 | .... Zip Code ..... Telephone Number ...... Date of | ||||||
13 | Birth .......
and Illinois Driver's License Number | ||||||
14 | ....... or Last 4 digits of Social
Security
Number | ||||||
15 | ...... or State Identification Card
Number issued to | ||||||
16 | you by the Illinois Secretary of State....... .
| ||||||
17 | (ii) Written instruction stating the following:
| ||||||
18 | In order to expedite the verification of your voter | ||||||
19 | registration
status, the .... (insert name of county | ||||||
20 | clerk of board of election
commissioners here) | ||||||
21 | requests that you include your phone number and
both | ||||||
22 | the last four digits of your social security number and | ||||||
23 | your driver's
license number or State Identification | ||||||
24 | Card Number
issued to you by the Secretary of State.
At | ||||||
25 | minimum, you are required to include either (A) your | ||||||
26 | driver's license
number or State Identification Card | ||||||
27 | Number
issued to you by the Secretary of State
or (B) | ||||||
28 | the last
4 digits of your social security number.
| ||||||
29 | (ii)
(iii) A box for the election judge to check one of | ||||||
30 | the 4
3 reasons why the
person was given a provisional | ||||||
31 | ballot under subsection (a) of Section 18A-5.
| ||||||
32 | (iii)
(iv) An area for the election judge to affix his | ||||||
33 | or her signature and to
set forth any facts that support or | ||||||
34 | oppose the allegation that the person is
not qualified to |
| |||||||
| |||||||
1 | vote in the precinct in which the person is seeking to | ||||||
2 | vote.
| ||||||
3 | The written affidavit form described in this subsection | ||||||
4 | (b)(2) must be
printed on a multi-part form prescribed by the | ||||||
5 | county clerk or board of
election commissioners, as the case | ||||||
6 | may be.
| ||||||
7 | (3) After the person executes the portion of the written | ||||||
8 | affidavit described
in subsection (b)(2)(i) of this Section, | ||||||
9 | the election judge shall complete the
portion of the written | ||||||
10 | affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
| ||||||
11 | (4) The election judge shall give a copy of the completed | ||||||
12 | written affidavit
to the person. The election judge shall place | ||||||
13 | the original written affidavit in
a self-adhesive clear plastic | ||||||
14 | packing list envelope that must be attached to a
separate | ||||||
15 | envelope marked as a "provisional ballot envelope". The | ||||||
16 | election judge
shall also place any information provided by the | ||||||
17 | person who casts a provisional
ballot in the clear plastic | ||||||
18 | packing list envelope. Each county clerk or board
of election | ||||||
19 | commissioners, as the case may be,
must design, obtain or | ||||||
20 | procure self-adhesive clear plastic packing list
envelopes and | ||||||
21 | provisional ballot envelopes that are suitable for | ||||||
22 | implementing
this subsection (b)(4) of this Section.
| ||||||
23 | (5) The election judge shall provide the person with a | ||||||
24 | provisional ballot,
written instructions for casting a | ||||||
25 | provisional ballot, and the provisional
ballot envelope with | ||||||
26 | the clear plastic packing list envelope affixed to it,
which | ||||||
27 | contains the person's original written affidavit and, if any, | ||||||
28 | information
provided by the provisional voter to support his or | ||||||
29 | her claim that he or she is
a duly registered voter. An | ||||||
30 | election judge must also give the person written
information | ||||||
31 | that states that any person who casts a provisional ballot | ||||||
32 | shall be
able to ascertain, pursuant to guidelines established | ||||||
33 | by the State Board of
Elections, whether the provisional vote | ||||||
34 | was counted in the official canvass of
votes for that election |
| |||||||
| |||||||
1 | and, if the provisional vote was not counted, the
reason that | ||||||
2 | the vote was not counted.
| ||||||
3 | (6) After the person has completed marking his or her | ||||||
4 | provisional ballot, he
or she shall place the marked ballot | ||||||
5 | inside of the provisional ballot envelope,
close and seal the | ||||||
6 | envelope, and return the envelope to an election judge, who
| ||||||
7 | shall then deposit the sealed provisional ballot envelope into | ||||||
8 | a securable
container separately identified and utilized for | ||||||
9 | containing sealed provisional
ballot envelopes. Ballots that | ||||||
10 | are provisional because they are cast after 7:00 p.m. by court
| ||||||
11 | order shall be kept separate from other provisional ballots. | ||||||
12 | Upon the closing of the polls, the securable container shall
be
| ||||||
13 | sealed with filament tape provided for that purpose, which | ||||||
14 | shall be wrapped
around the box lengthwise and crosswise, at | ||||||
15 | least twice each way, and each of
the election judges shall | ||||||
16 | sign the seal.
| ||||||
17 | (c) Instead of the affidavit form described in subsection | ||||||
18 | (b), the county
clerk or board of election commissioners, as | ||||||
19 | the case may be, may design and
use a multi-part affidavit form | ||||||
20 | that is imprinted upon or attached to the
provisional ballot | ||||||
21 | envelope described in subsection (b). If a county clerk or
| ||||||
22 | board of election commissioners elects to design and use its | ||||||
23 | own multi-part
affidavit form, then the county clerk or board | ||||||
24 | of election commissioners shall
establish a mechanism for | ||||||
25 | accepting any information the provisional voter has
supplied to | ||||||
26 | the election judge to support his or her claim that he or she | ||||||
27 | is a
duly registered voter. In all other respects, a county | ||||||
28 | clerk or board of
election commissioners shall establish | ||||||
29 | procedures consistent with subsection
(b).
| ||||||
30 | (d) The county clerk or board of election commissioners, as | ||||||
31 | the case may be,
shall use the completed affidavit form | ||||||
32 | described in subsection (b) to update
the person's voter | ||||||
33 | registration information in the State voter registration
| ||||||
34 | database and voter registration database of the county clerk or |
| |||||||
| |||||||
1 | board of
election commissioners, as the case may be. If a | ||||||
2 | person is later determined not
to be a registered voter based | ||||||
3 | on Section 18A-15 of this Code, then the
affidavit shall be | ||||||
4 | processed by the county clerk or board of election
| ||||||
5 | commissioners, as the case may be, as a voter registration | ||||||
6 | application.
| ||||||
7 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
8 | (Text of Section after amendment by P.A. 93-1071 )
| ||||||
9 | Sec. 18A-5. Provisional voting; general provisions.
| ||||||
10 | (a) A person who claims to be a registered voter is | ||||||
11 | entitled to cast a
provisional ballot under the following | ||||||
12 | circumstances:
| ||||||
13 | (1) The person's name does not appear on the official | ||||||
14 | list of eligible
voters for the precinct in which
the | ||||||
15 | person seeks to vote. The official list is the centralized | ||||||
16 | statewide voter registration list established and | ||||||
17 | maintained in accordance with Section 1A-25;
| ||||||
18 | (2) The person's voting status has been challenged by | ||||||
19 | an election judge, a
pollwatcher, or any legal voter and | ||||||
20 | that challenge has been sustained by a
majority of the | ||||||
21 | election judges; or
| ||||||
22 | (3) A federal or State court order extends the time for | ||||||
23 | closing the polls
beyond the time period established by | ||||||
24 | State law and the person votes during the
extended time | ||||||
25 | period ; or .
| ||||||
26 | (4) The voter registered to vote by mail and is required by | ||||||
27 | law to
present identification when voting either in person or | ||||||
28 | by absentee ballot, but
fails to do so.
| ||||||
29 | (b) The procedure for obtaining and casting a provisional | ||||||
30 | ballot at the
polling place
shall be as follows:
| ||||||
31 | (1) After first verifying through an examination of the | ||||||
32 | precinct register that the person's address is within the | ||||||
33 | precinct boundaries, an
An election judge at the polling |
| |||||||
| |||||||
1 | place shall notify a person who is
entitled to cast a | ||||||
2 | provisional ballot pursuant to subsection (a)
that he or | ||||||
3 | she may cast a provisional ballot in that election.
An | ||||||
4 | election judge
must accept any information provided by a | ||||||
5 | person who casts a provisional ballot
that the person | ||||||
6 | believes supports his or her claim that he or she is a duly
| ||||||
7 | registered voter and qualified to vote in the election. | ||||||
8 | However, if the person's residence address is outside the | ||||||
9 | precinct boundaries, the election judge shall inform the | ||||||
10 | person of that fact, give the person the appropriate | ||||||
11 | telephone number of the election authority in order to | ||||||
12 | locate the polling place assigned to serve that address, | ||||||
13 | and instruct the person to go to the proper polling place | ||||||
14 | to vote.
| ||||||
15 | (2) The person shall execute a written form provided by | ||||||
16 | the
election judge that shall state or contain all of the | ||||||
17 | following that is available :
| ||||||
18 | (i) an affidavit stating the following:
| ||||||
19 | State of Illinois, County of ................, | ||||||
20 | Township
.............,
Precinct ........, Ward | ||||||
21 | ........, I, ......................., do solemnly
| ||||||
22 | swear (or affirm) that: I am a citizen of the United | ||||||
23 | States; I am 18 years of
age or older; I have resided | ||||||
24 | in this State and in this precinct for 30 days
| ||||||
25 | preceding this election; I have not voted in this | ||||||
26 | election; I am a duly
registered voter in every | ||||||
27 | respect; and I am eligible to vote in this election.
| ||||||
28 | Signature ...... Printed Name of Voter ....... Printed | ||||||
29 | Residence
Address of Voter ...... City
...... State | ||||||
30 | .... Zip Code ..... Telephone Number ...... Date of | ||||||
31 | Birth .......
and Illinois Driver's License Number | ||||||
32 | ....... or Last 4 digits of Social
Security
Number | ||||||
33 | ...... or State Identification Card
Number issued to | ||||||
34 | you by the Illinois Secretary of State....... .
|
| |||||||
| |||||||
1 | (ii) Written instruction stating the following:
| ||||||
2 | In order to expedite the verification of your voter | ||||||
3 | registration
status, the .... (insert name of county | ||||||
4 | clerk of board of election
commissioners here) | ||||||
5 | requests that you include your phone number and
both | ||||||
6 | the last four digits of your social security number and | ||||||
7 | your driver's
license number or State Identification | ||||||
8 | Card Number
issued to you by the Secretary of State.
At | ||||||
9 | minimum, you are required to include either (A) your | ||||||
10 | driver's license
number or State Identification Card | ||||||
11 | Number
issued to you by the Secretary of State
or (B) | ||||||
12 | the last
4 digits of your social security number.
| ||||||
13 | (ii)
(iii) A box for the election judge to check one of | ||||||
14 | the 3 reasons why the
person was given a provisional ballot | ||||||
15 | under subsection (a) of Section 18A-5.
| ||||||
16 | (iii)
(iv) An area for the election judge to affix his | ||||||
17 | or her signature and to
set forth any facts that support or | ||||||
18 | oppose the allegation that the person is
not qualified to | ||||||
19 | vote in the precinct in which the person is seeking to | ||||||
20 | vote.
| ||||||
21 | The written affidavit form described in this subsection | ||||||
22 | (b)(2) must be
printed on a multi-part form prescribed by the | ||||||
23 | county clerk or board of
election commissioners, as the case | ||||||
24 | may be.
| ||||||
25 | (3) After the person executes the portion of the written | ||||||
26 | affidavit described
in subsection (b)(2)(i) of this Section, | ||||||
27 | the election judge shall complete the
portion of the written | ||||||
28 | affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
| ||||||
29 | (4) The election judge shall give a copy of the completed | ||||||
30 | written affidavit
to the person. The election judge shall place | ||||||
31 | the original written affidavit in
a self-adhesive clear plastic | ||||||
32 | packing list envelope that must be attached to a
separate | ||||||
33 | envelope marked as a "provisional ballot envelope". The | ||||||
34 | election judge
shall also place any information provided by the |
| |||||||
| |||||||
1 | person who casts a provisional
ballot in the clear plastic | ||||||
2 | packing list envelope. Each county clerk or board
of election | ||||||
3 | commissioners, as the case may be,
must design, obtain or | ||||||
4 | procure self-adhesive clear plastic packing list
envelopes and | ||||||
5 | provisional ballot envelopes that are suitable for | ||||||
6 | implementing
this subsection (b)(4) of this Section.
| ||||||
7 | (5) The election judge shall provide the person with a | ||||||
8 | provisional ballot,
written instructions for casting a | ||||||
9 | provisional ballot, and the provisional
ballot envelope with | ||||||
10 | the clear plastic packing list envelope affixed to it,
which | ||||||
11 | contains the person's original written affidavit and, if any, | ||||||
12 | information
provided by the provisional voter to support his or | ||||||
13 | her claim that he or she is
a duly registered voter. An | ||||||
14 | election judge must also give the person written
information | ||||||
15 | that states that any person who casts a provisional ballot | ||||||
16 | shall be
able to ascertain, pursuant to guidelines established | ||||||
17 | by the State Board of
Elections, whether the provisional vote | ||||||
18 | was counted in the official canvass of
votes for that election | ||||||
19 | and, if the provisional vote was not counted, the
reason that | ||||||
20 | the vote was not counted.
| ||||||
21 | (6) After the person has completed marking his or her | ||||||
22 | provisional ballot, he
or she shall place the marked ballot | ||||||
23 | inside of the provisional ballot envelope,
close and seal the | ||||||
24 | envelope, and return the envelope to an election judge, who
| ||||||
25 | shall then deposit the sealed provisional ballot envelope into | ||||||
26 | a securable
container separately identified and utilized for | ||||||
27 | containing sealed provisional
ballot envelopes. Ballots that | ||||||
28 | are provisional because they are cast after 7:00 p.m. by court
| ||||||
29 | order shall be kept separate from other provisional ballots. | ||||||
30 | Upon the closing of the polls, the securable container shall
be
| ||||||
31 | sealed with filament tape provided for that purpose, which | ||||||
32 | shall be wrapped
around the box lengthwise and crosswise, at | ||||||
33 | least twice each way, and each of
the election judges shall | ||||||
34 | sign the seal.
|
| |||||||
| |||||||
1 | (c) Instead of the affidavit form described in subsection | ||||||
2 | (b), the county
clerk or board of election commissioners, as | ||||||
3 | the case may be, may design and
use a multi-part affidavit form | ||||||
4 | that is imprinted upon or attached to the
provisional ballot | ||||||
5 | envelope described in subsection (b). If a county clerk or
| ||||||
6 | board of election commissioners elects to design and use its | ||||||
7 | own multi-part
affidavit form, then the county clerk or board | ||||||
8 | of election commissioners shall
establish a mechanism for | ||||||
9 | accepting any information the provisional voter has
supplied to | ||||||
10 | the election judge to support his or her claim that he or she | ||||||
11 | is a
duly registered voter. In all other respects, a county | ||||||
12 | clerk or board of
election commissioners shall establish | ||||||
13 | procedures consistent with subsection
(b).
| ||||||
14 | (d) The county clerk or board of election commissioners, as | ||||||
15 | the case may be,
shall use the completed affidavit form | ||||||
16 | described in subsection (b) to update
the person's voter | ||||||
17 | registration information in the State voter registration
| ||||||
18 | database and voter registration database of the county clerk or | ||||||
19 | board of
election commissioners, as the case may be. If a | ||||||
20 | person is later determined not
to be a registered voter based | ||||||
21 | on Section 18A-15 of this Code, then the
affidavit shall be | ||||||
22 | processed by the county clerk or board of election
| ||||||
23 | commissioners, as the case may be, as a voter registration | ||||||
24 | application.
| ||||||
25 | (Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 6-1-05.)
| ||||||
26 | (10 ILCS 5/18A-15)
| ||||||
27 | Sec. 18A-15. Validating and counting provisional ballots.
| ||||||
28 | (a) The county clerk or board of election commissioners | ||||||
29 | shall complete the
validation and counting of provisional | ||||||
30 | ballots within 14 calendar days of
the day of the election. The | ||||||
31 | county clerk or board of election commissioners
shall have 7 | ||||||
32 | calendar days from the completion of the validation and
| ||||||
33 | counting of provisional ballots to conduct its final canvass. |
| |||||||
| |||||||
1 | The State Board
of Elections shall complete within 31 calendar | ||||||
2 | days of the election or sooner
if all the returns are received, | ||||||
3 | its final canvass of the vote for all public
offices.
| ||||||
4 | (b) If a county clerk or board of election commissioners | ||||||
5 | determines that all
of the following apply, then a provisional | ||||||
6 | ballot is valid and shall be counted
as a vote:
| ||||||
7 | (1) The provisional voter cast the provisional ballot | ||||||
8 | in the correct
precinct based on the address provided by | ||||||
9 | the provisional voter . The provisional voter's affidavit | ||||||
10 | shall serve as a change of address request by that voter | ||||||
11 | for registration purposes for the next ensuing election if | ||||||
12 | it bears an address different from that in the records of | ||||||
13 | the election authority ;
| ||||||
14 | (2) The affidavit executed by the provisional voter | ||||||
15 | pursuant to subsection
(b)(2) of Section 18A-5 contains, at | ||||||
16 | a minimum, the provisional voter's first and last name, | ||||||
17 | house number and street name, and signature or mark
18A-10 | ||||||
18 | is properly executed ; and
| ||||||
19 | (3) the provisional voter is a registered voter based | ||||||
20 | on information
available to the county clerk or board of | ||||||
21 | election commissioners provided by or
obtained from any of | ||||||
22 | the following:
| ||||||
23 | i. the provisional voter;
| ||||||
24 | ii. an election judge;
| ||||||
25 | iii. the statewide voter registration database | ||||||
26 | maintained by the State
Board of Elections;
| ||||||
27 | iv. the records of the county clerk or board of | ||||||
28 | election commissioners'
database; or
| ||||||
29 | v. the records of the Secretary of State.
| ||||||
30 | (c) With respect to subsection (b)(3) of this Section, the | ||||||
31 | county clerk or
board of election commissioners shall | ||||||
32 | investigate and record whether or not the specified
each of the | ||||||
33 | 5
types of information is available from each of the 5 | ||||||
34 | identified sources
and record whether this information is or is
|
| |||||||
| |||||||
1 | not available . If the
one or more types of information is | ||||||
2 | available from one or more of the identified sources , then the
| ||||||
3 | county clerk or board of election commissioners shall seek to | ||||||
4 | obtain the
all relevant
information from each of those sources | ||||||
5 | until satisfied, with information from at least one of those | ||||||
6 | sources, that the provisional voter is registered and entitled | ||||||
7 | to vote
all sources identified in subsection (b)(3) . The county | ||||||
8 | clerk
or board of election commissioners shall use any | ||||||
9 | information it obtains as the
basis for determining the voter | ||||||
10 | registration status of the provisional voter.
If a conflict | ||||||
11 | exists among the information available to the county clerk or
| ||||||
12 | board of election commissioners as to the registration status | ||||||
13 | of the
provisional voter, then the county clerk or board of | ||||||
14 | election commissioners
shall make a
determination based on the | ||||||
15 | totality of the circumstances. In a case where the
above | ||||||
16 | information equally supports or opposes the registration | ||||||
17 | status of the
voter, the county clerk or board of election | ||||||
18 | commissioners shall decide in
favor of the provisional voter as | ||||||
19 | being duly registered to vote. If the
statewide voter | ||||||
20 | registration database maintained by the State Board of
| ||||||
21 | Elections indicates that the provisional voter is registered to | ||||||
22 | vote, but the
county clerk's or board of election | ||||||
23 | commissioners' voter registration database
indicates that the | ||||||
24 | provisional voter is not registered to vote, then the
| ||||||
25 | information found in the statewide voter registration database | ||||||
26 | shall control
the matter and the provisional voter shall be | ||||||
27 | deemed to be registered to vote.
If the records of the county | ||||||
28 | clerk or board of election commissioners indicates
that the | ||||||
29 | provisional
voter is registered to vote, but the statewide | ||||||
30 | voter registration database
maintained by the State Board of | ||||||
31 | Elections indicates that the provisional voter
is not | ||||||
32 | registered to vote, then the information found in the records | ||||||
33 | of the
county clerk or board of election commissioners shall | ||||||
34 | control the matter and
the provisional voter shall be deemed to |
| |||||||
| |||||||
1 | be registered to vote. If the
provisional voter's signature on | ||||||
2 | his or her provisional ballot request varies
from the signature | ||||||
3 | on
an otherwise valid registration application solely because | ||||||
4 | of the substitution
of initials for the first or middle name, | ||||||
5 | the election authority may not reject
the provisional ballot.
| ||||||
6 | (d) In validating the registration status of a person | ||||||
7 | casting a provisional
ballot, the county clerk or board of | ||||||
8 | election commissioners shall not require a
provisional voter to | ||||||
9 | complete any form other than the affidavit executed by the
| ||||||
10 | provisional voter under subsection (b)(2) of Section 18A-5. In | ||||||
11 | addition,
the
county clerk or board of election commissioners | ||||||
12 | shall not require all
provisional voters or
any particular | ||||||
13 | class or group of provisional voters to appear personally | ||||||
14 | before
the county clerk or board of election commissioners or | ||||||
15 | as a matter of policy
require provisional voters to submit | ||||||
16 | additional information to verify or
otherwise support the | ||||||
17 | information already submitted by the provisional voter.
The | ||||||
18 | provisional voter may, within 2 calendar days after the | ||||||
19 | election, submit
additional information to the county clerk or | ||||||
20 | board of election commissioners.
This information must be | ||||||
21 | received by the county clerk or board of election
commissioners | ||||||
22 | within the 2-calendar-day period.
| ||||||
23 | (e) If the county clerk or board of election commissioners | ||||||
24 | determines that
subsection (b)(1), (b)(2), or (b)(3) does not | ||||||
25 | apply, then the provisional
ballot is not valid
and may not be | ||||||
26 | counted. The provisional ballot envelope containing the ballot
| ||||||
27 | cast by the provisional voter may not be opened. The county | ||||||
28 | clerk or board of
election commissioners shall write on the | ||||||
29 | provisional ballot envelope the
following: "Provisional ballot | ||||||
30 | determined invalid.".
| ||||||
31 | (f) If the county clerk or board of election commissioners | ||||||
32 | determines that a
provisional ballot is valid under this | ||||||
33 | Section, then the provisional ballot
envelope shall be opened. | ||||||
34 | The outside of each provisional ballot
envelope shall
also be
|
| |||||||
| |||||||
1 | marked to identify the precinct and the date of the election.
| ||||||
2 | (g) The provisional ballots determined to be valid shall be | ||||||
3 | added to the
vote
totals for the precincts from which they were | ||||||
4 | cast in the order in which the
ballots were opened.
The county | ||||||
5 | clerk or board of election commissioners may, in the | ||||||
6 | alternative,
create a separate provisional-voter precinct for | ||||||
7 | the purpose of counting and
recording provisional ballots and | ||||||
8 | adding the recorded votes to its official
canvass.
The | ||||||
9 | validation and counting of provisional ballots shall be subject | ||||||
10 | to the
provisions of this Code that apply to pollwatchers.
If | ||||||
11 | the provisional ballots are a ballot of a punch card
voting | ||||||
12 | system, then the provisional ballot shall be counted in a | ||||||
13 | manner
consistent with Article 24A. If the provisional ballots
| ||||||
14 | are a ballot of optical scan or other type of approved | ||||||
15 | electronic voting
system, then the provisional ballots shall be | ||||||
16 | counted in a manner consistent
with Article 24B.
| ||||||
17 | (h) As soon as the ballots have been counted, the election | ||||||
18 | judges or
election officials shall, in
the presence of the | ||||||
19 | county clerk or board of election commissioners, place each
of | ||||||
20 | the following items in a separate envelope or bag: (1) all | ||||||
21 | provisional
ballots, voted or spoiled; (2)
all provisional | ||||||
22 | ballot envelopes of provisional ballots voted or spoiled; and
| ||||||
23 | (3) all executed affidavits
of the provisional ballots voted or | ||||||
24 | spoiled.
All provisional ballot envelopes for provisional | ||||||
25 | voters who have been
determined
not to be registered to vote | ||||||
26 | shall remain sealed. The county clerk or board of
election | ||||||
27 | commissioners shall treat the provisional ballot envelope | ||||||
28 | containing
the written affidavit as a voter registration | ||||||
29 | application for that person for
the next election and process | ||||||
30 | that application.
The election judges or election officials | ||||||
31 | shall then
securely
seal each envelope or bag, initial the | ||||||
32 | envelope or bag, and plainly mark on the
outside of the | ||||||
33 | envelope or bag in ink the precinct in which the provisional
| ||||||
34 | ballots were cast. The election judges or election officials |
| |||||||
| |||||||
1 | shall then place
each sealed envelope or
bag into a box, secure | ||||||
2 | and seal it in the same manner as described in
item (6) of | ||||||
3 | subsection (b) of Section 18A-5. Each election judge or | ||||||
4 | election
official shall take and subscribe an oath
before the | ||||||
5 | county clerk or
board of election commissioners that the | ||||||
6 | election judge or election official
securely kept the
ballots | ||||||
7 | and papers in the box, did not permit any person to open the | ||||||
8 | box or
otherwise touch or tamper with the ballots and papers in | ||||||
9 | the box, and has no
knowledge of any other person opening the | ||||||
10 | box.
For purposes of this Section, the term "election official" | ||||||
11 | means the county
clerk, a member of the board of election | ||||||
12 | commissioners, as the case may be, and
their respective | ||||||
13 | employees.
| ||||||
14 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
15 | (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
| ||||||
16 | Sec. 19-2.1. At the consolidated primary, general primary,
| ||||||
17 | consolidated, and general elections, electors entitled
to vote
| ||||||
18 | by absentee ballot under the provisions of Section 19-1
may | ||||||
19 | vote in person at the office of the municipal clerk, if the | ||||||
20 | elector
is a resident of a municipality not having a board of | ||||||
21 | election commissioners,
or at the office of the township clerk | ||||||
22 | or, in counties not under township
organization, at the office | ||||||
23 | of the road district clerk if the elector is
not a resident of | ||||||
24 | a municipality; provided, in each case that the municipal,
| ||||||
25 | township or road district clerk, as the case may be, is | ||||||
26 | authorized to conduct
in-person absentee voting pursuant to | ||||||
27 | this Section. Absentee voting in such
municipal and township | ||||||
28 | clerk's offices under this Section shall be
conducted from the | ||||||
29 | 22nd day through the day before the election.
| ||||||
30 | Municipal and township clerks (or road district clerks) who | ||||||
31 | have regularly
scheduled working hours at regularly designated | ||||||
32 | offices other than a place
of residence and whose offices are | ||||||
33 | open for business during the same hours
as the office of the |
| |||||||
| |||||||
1 | election authority shall conduct in-person absentee
voting for | ||||||
2 | said elections. Municipal and township clerks (or road district
| ||||||
3 | clerks) who have no regularly scheduled working hours but who | ||||||
4 | have regularly
designated offices other than a place of | ||||||
5 | residence shall conduct in-person
absentee voting for said | ||||||
6 | elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 | ||||||
7 | a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on | ||||||
8 | Saturdays, but not during such hours as the office of the | ||||||
9 | election
authority is closed, unless the clerk files a written | ||||||
10 | waiver with the
election authority not later than July 1 of | ||||||
11 | each year stating that he or
she is unable to conduct such | ||||||
12 | voting and the reasons therefor. Such clerks
who conduct | ||||||
13 | in-person absentee voting may extend their hours for that
| ||||||
14 | purpose to include any hours in which the election authority's | ||||||
15 | office is
open. Municipal and township clerks (or
road district | ||||||
16 | clerks) who have no regularly scheduled office hours and no
| ||||||
17 | regularly designated offices other than a place of residence | ||||||
18 | may not conduct
in-person absentee voting for said elections. | ||||||
19 | The election authority may
devise alternative methods for | ||||||
20 | in-person absentee voting before said elections
for those | ||||||
21 | precincts located within the territorial area of a municipality
| ||||||
22 | or township (or road district) wherein the clerk of such | ||||||
23 | municipality or
township (or road district) has waived or is | ||||||
24 | not entitled to conduct such
voting.
In addition, electors may | ||||||
25 | vote by absentee ballot under the provisions of
Section 19-1 at | ||||||
26 | the office of the election authority having jurisdiction
over | ||||||
27 | their residence.
| ||||||
28 | In conducting absentee voting under this Section, the | ||||||
29 | respective
clerks shall not be required to verify the signature | ||||||
30 | of the absentee
voter by comparison with the signature on the | ||||||
31 | official registration
record card. However, the clerk shall | ||||||
32 | reasonably ascertain the identity
of such applicant, shall | ||||||
33 | verify that each such applicant is a registered
voter, and | ||||||
34 | shall verify the precinct in which he or she is registered
and |
| |||||||
| |||||||
1 | the proper ballots of the political subdivisions in which the
| ||||||
2 | applicant resides and is entitled to vote, prior to providing | ||||||
3 | any
absentee ballot to such applicant. The clerk shall verify | ||||||
4 | the
applicant's registration and from the most recent poll list | ||||||
5 | provided by
the county clerk, and if the applicant is not | ||||||
6 | listed on that poll list
then by telephoning the office of the | ||||||
7 | county clerk.
| ||||||
8 | Absentee voting procedures in the office of the municipal, | ||||||
9 | township
and road district clerks shall be subject to all of | ||||||
10 | the applicable
provisions of this Article 19.
Pollwatchers may | ||||||
11 | be appointed to observe in-person absentee voting
procedures | ||||||
12 | and view all reasonably requested records relating to the | ||||||
13 | conduct of the election, provided the secrecy of the ballot is | ||||||
14 | not impinged, at the office of the municipal, township or road | ||||||
15 | district
clerks' offices where such absentee voting is | ||||||
16 | conducted. Such pollwatchers
shall qualify and be appointed in | ||||||
17 | the same manner as provided in Sections
7-34 and 17-23, except | ||||||
18 | each candidate, political party or
organization of citizens may | ||||||
19 | appoint only one pollwatcher for each location
where in-person | ||||||
20 | absentee voting is conducted. Pollwatchers must
be registered | ||||||
21 | to vote in Illinois and possess
valid pollwatcher credentials.
| ||||||
22 | All requirements in this Article
applicable to election | ||||||
23 | authorities shall apply to the respective local
clerks, except | ||||||
24 | where inconsistent with this Section.
| ||||||
25 | The sealed absentee ballots in their carrier envelope shall | ||||||
26 | be
delivered by the respective clerks, or by the election | ||||||
27 | authority on behalf of
a clerk if the clerk and the election
| ||||||
28 | authority agree, to the proper polling place
before the close | ||||||
29 | of the polls on the day of the general primary,
consolidated | ||||||
30 | primary, consolidated, or general election.
| ||||||
31 | Not more than 23 days before the nonpartisan, general and | ||||||
32 | consolidated
elections, the county clerk shall make available | ||||||
33 | to those
municipal, township and road district clerks | ||||||
34 | conducting in-person absentee
voting within such county, a |
| |||||||
| |||||||
1 | sufficient
number of applications, absentee ballots, | ||||||
2 | envelopes, and printed voting
instruction slips for use by | ||||||
3 | absentee voters in the offices of such
clerks. The respective | ||||||
4 | clerks shall receipt for all ballots received,
shall return all | ||||||
5 | unused or spoiled ballots to the county clerk on the
day of the | ||||||
6 | election and shall strictly account for all ballots received.
| ||||||
7 | The ballots delivered to the respective clerks shall | ||||||
8 | include absentee
ballots for each precinct in the municipality, | ||||||
9 | township or road
district, or shall include such separate | ||||||
10 | ballots for each political
subdivision conducting an election | ||||||
11 | of officers or a referendum on that
election day as will permit | ||||||
12 | any resident of the municipality, township
or road district to | ||||||
13 | vote absentee in the office of the proper clerk.
| ||||||
14 | The clerks of all municipalities, townships and road | ||||||
15 | districts may
distribute applications for absentee ballot for | ||||||
16 | the use of voters who
wish to mail such applications to the | ||||||
17 | appropriate election authority.
Such applications for absentee | ||||||
18 | ballots shall be made on forms provided
by the election | ||||||
19 | authority. Duplication of such forms by the municipal,
township | ||||||
20 | or road district clerk is prohibited.
| ||||||
21 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
22 | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| ||||||
23 | Sec. 19-4. Mailing or delivery of ballots - Time.) | ||||||
24 | Immediately upon
the receipt of such application either by | ||||||
25 | mail, not more than 40 days
nor less than 5 days prior to such | ||||||
26 | election, or by personal delivery not
more than 40 days nor | ||||||
27 | less than one day prior to such election, at the
office of such | ||||||
28 | election authority, it shall be the duty of such election
| ||||||
29 | authority to examine the records to ascertain whether or not | ||||||
30 | such
applicant is lawfully entitled to vote as
requested, and | ||||||
31 | if found so to be, to post within one business day thereafter
| ||||||
32 | the name, street address,
ward and precinct number or township | ||||||
33 | and district number, as the case may be,
of such applicant |
| |||||||
| |||||||
1 | given on a list, the pages of which are to be numbered
| ||||||
2 | consecutively to be kept by such election authority for such | ||||||
3 | purpose in a
conspicuous, open and public place accessible to | ||||||
4 | the public at the entrance of
the office of such election | ||||||
5 | authority, and in such a manner that such list may
be viewed | ||||||
6 | without necessity of requesting permission therefor . Within | ||||||
7 | one
business day after posting the name and other information | ||||||
8 | of an applicant for
an absentee ballot, the election authority | ||||||
9 | shall transmit that name and other
posted information to the | ||||||
10 | State Board of Elections, which shall maintain those
names and | ||||||
11 | other information in an electronic format on its website, | ||||||
12 | arranged by
county and accessible to State and local political | ||||||
13 | committees. , and Within 2
business days after posting a name | ||||||
14 | and other information on the list within
its
office, the | ||||||
15 | election authority shall
thereafter to mail,
postage prepaid, | ||||||
16 | or deliver in person in such office an official ballot
or | ||||||
17 | ballots if more than one are to be voted at said election. Mail | ||||||
18 | delivery
of Temporarily Absent Student ballot applications | ||||||
19 | pursuant to Section
19-12.3 shall be by nonforwardable mail. | ||||||
20 | However,
for the consolidated election, absentee ballots for | ||||||
21 | certain precincts may
be delivered to applicants not less than | ||||||
22 | 25 days before the election if
so much time is required to have | ||||||
23 | prepared and printed the ballots containing
the names of | ||||||
24 | persons nominated for offices at the consolidated primary.
The | ||||||
25 | election authority shall enclose with each absentee ballot or
| ||||||
26 | application written instructions on how voting assistance | ||||||
27 | shall be provided
pursuant to Section 17-14 and a document, | ||||||
28 | written and approved by the State
Board of Elections,
| ||||||
29 | enumerating
the circumstances under which a person is | ||||||
30 | authorized to vote by absentee
ballot pursuant to this Article; | ||||||
31 | such document shall also include a
statement informing the | ||||||
32 | applicant that if he or she falsifies or is
solicited by | ||||||
33 | another to falsify his or her
eligibility to cast an absentee | ||||||
34 | ballot, such applicant or other is subject
to
penalties |
| |||||||
| |||||||
1 | pursuant to Section 29-10 and Section 29-20 of the Election | ||||||
2 | Code.
Each election authority shall maintain a list of the | ||||||
3 | name, street address,
ward and
precinct, or township and | ||||||
4 | district number, as the case may be, of all
applicants who have | ||||||
5 | returned absentee ballots to such authority, and the name of | ||||||
6 | such absent voter shall be added to such list
within one | ||||||
7 | business day from receipt of such ballot.
If the absentee | ||||||
8 | ballot envelope indicates that the voter was assisted in
| ||||||
9 | casting the ballot, the name of the person so assisting shall | ||||||
10 | be included on
the list. The list, the pages of which are to be | ||||||
11 | numbered consecutively,
shall be kept by each election | ||||||
12 | authority in a conspicuous, open, and public
place accessible | ||||||
13 | to the public at the entrance of the office of the election
| ||||||
14 | authority and in a manner that the list may be viewed without | ||||||
15 | necessity of
requesting permission for viewing.
| ||||||
16 | Each election authority shall maintain a list for each | ||||||
17 | election
of the
voters to whom it has issued absentee ballots. | ||||||
18 | The list shall be
maintained for each precinct within the | ||||||
19 | jurisdiction of the election
authority. Prior to the opening of | ||||||
20 | the polls on election day, the
election authority shall deliver | ||||||
21 | to the judges of election in each
precinct the list of | ||||||
22 | registered voters in that precinct to whom absentee
ballots | ||||||
23 | have been issued by mail.
| ||||||
24 | Each election authority shall maintain a list for each | ||||||
25 | election of
voters to whom it has issued temporarily absent | ||||||
26 | student ballots. The list
shall be maintained for each election | ||||||
27 | jurisdiction within which such voters
temporarily abide. | ||||||
28 | Immediately after the close of the period during which
| ||||||
29 | application may be made by mail for absentee ballots, each | ||||||
30 | election
authority shall mail to each other election authority | ||||||
31 | within the State a
certified list of all such voters | ||||||
32 | temporarily abiding within the
jurisdiction of the other | ||||||
33 | election authority.
| ||||||
34 | In the event that the return address of an
application for |
| |||||||
| |||||||
1 | ballot by a physically incapacitated elector
is that of a | ||||||
2 | facility licensed or certified under the Nursing Home Care
Act, | ||||||
3 | within the jurisdiction of the election authority, and the | ||||||
4 | applicant
is a registered voter in the precinct in which such | ||||||
5 | facility is located,
the ballots shall be prepared and | ||||||
6 | transmitted to a responsible judge of
election no later than 9 | ||||||
7 | a.m. on the Saturday, Sunday or Monday immediately
preceding | ||||||
8 | the election as designated by the election authority under
| ||||||
9 | Section 19-12.2. Such judge shall deliver in person on the | ||||||
10 | designated day
the ballot to the applicant on the premises of | ||||||
11 | the facility from which
application was made. The election | ||||||
12 | authority shall by mail notify the
applicant in such facility | ||||||
13 | that the ballot will be delivered by a judge of
election on the | ||||||
14 | designated day.
| ||||||
15 | All applications for absentee ballots shall be available at | ||||||
16 | the office
of the election authority for public inspection upon | ||||||
17 | request from the
time of receipt thereof by the election | ||||||
18 | authority until 30 days after the
election, except during the | ||||||
19 | time such applications are kept in the
office of the election | ||||||
20 | authority pursuant to Section 19-7, and except during
the time | ||||||
21 | such applications are in the possession of the judges of | ||||||
22 | election.
| ||||||
23 | (Source: P.A. 89-653, eff. 8-14-96; 90-101, eff. 7-11-97.)
| ||||||
24 | (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
| ||||||
25 | Sec. 19-10. Pollwatchers may be appointed to observe | ||||||
26 | in-person absentee
voting procedures and view all reasonably | ||||||
27 | requested records relating to the conduct of the election, | ||||||
28 | provided the secrecy of the ballot is not impinged, at the | ||||||
29 | office of the election authority as well as at
municipal, | ||||||
30 | township or road district clerks' offices where such absentee
| ||||||
31 | voting is conducted. Such pollwatchers shall qualify and be | ||||||
32 | appointed in
the same manner as provided in Sections 7-34 and | ||||||
33 | 17-23, except each
candidate, political party or organization |
| |||||||
| |||||||
1 | of citizens may appoint only one
pollwatcher for each location | ||||||
2 | where in-person absentee voting is conducted.
Pollwatchers | ||||||
3 | must be registered to vote in Illinois and possess valid
| ||||||
4 | pollwatcher credentials.
| ||||||
5 | In the polling place on election day, pollwatchers shall be | ||||||
6 | permitted
to be present during the casting of the absent | ||||||
7 | voters' ballots and the vote
of any absent voter may be | ||||||
8 | challenged for cause the same as if he were
present and voted | ||||||
9 | in person, and the judges of the election or a majority
thereof | ||||||
10 | shall have power and authority to hear and determine the | ||||||
11 | legality
of such ballot; Provided, however, that if a challenge | ||||||
12 | to any absent
voter's right to vote is sustained, notice of the | ||||||
13 | same must be given by the
judges of election by mail addressed | ||||||
14 | to the voter's place of residence.
| ||||||
15 | Where certain absent voters' ballots are counted on the day | ||||||
16 | of the election
in the office of the election authority as | ||||||
17 | provided in Section 19-8 of this
Act, each political party, | ||||||
18 | candidate and qualified civic organization shall
be entitled to | ||||||
19 | have present one pollwatcher for each panel of election judges
| ||||||
20 | therein assigned. Such pollwatchers shall be subject to the | ||||||
21 | same provisions
as are provided for pollwatchers in Sections | ||||||
22 | 7-34 and 17-23 of this Code,
and shall be permitted to observe | ||||||
23 | the election judges making the signature
comparison between | ||||||
24 | that which is on the ballot envelope and that which is
on the | ||||||
25 | permanent voter registration record card taken from the master | ||||||
26 | file.
| ||||||
27 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
28 | (10 ILCS 5/Art. 19A heading new)
| ||||||
29 | ARTICLE 19A. | ||||||
30 | EARLY VOTING BY PERSONAL APPEARANCE
| ||||||
31 | (10 ILCS 5/19A-5 new)
| ||||||
32 | Sec. 19A-5. Issuance of ballots; voting booths.
|
| |||||||
| |||||||
1 | (a) If a request is made to vote early by a registered | ||||||
2 | voter in person, the
election
authority shall issue a ballot | ||||||
3 | for early voting to the voter. The ballot must
be voted on the
| ||||||
4 | premises of the election authority, except as otherwise | ||||||
5 | provided in this Article, and returned to the election | ||||||
6 | authority.
| ||||||
7 | (b) On the dates for early voting prescribed in Section | ||||||
8 | 19A-15, each
election authority shall provide voting booths, | ||||||
9 | with suitable equipment for
voting, on the premises of the | ||||||
10 | election authority and any other early voting polling place for | ||||||
11 | use by registered voters
who are issued ballots for early | ||||||
12 | voting in accordance with this Article.
| ||||||
13 | (c) The election authority must maintain a list for each | ||||||
14 | election of the
voters to whom it has issued early ballots. The | ||||||
15 | list must be maintained for
each precinct within the election | ||||||
16 | authority's jurisdiction. Before the opening
of the polls on | ||||||
17 | election day, the
election authority shall deliver to the | ||||||
18 | judges of election in each precinct the
list of registered | ||||||
19 | voters who have voted by early ballot.
| ||||||
20 | (10 ILCS 5/19A-10 new)
| ||||||
21 | Sec. 19A-10. Permanent polling places for early voting.
| ||||||
22 | (a) An election authority may establish permanent polling | ||||||
23 | places for early
voting by personal appearance at locations | ||||||
24 | throughout the election authority's
jurisdiction, including | ||||||
25 | but not limited to a municipal clerk's office, a township | ||||||
26 | clerk's office, a road district clerk's office, or a county or | ||||||
27 | local public agency office. Except as otherwise provided in | ||||||
28 | subsection (b), any person
entitled to vote early by personal | ||||||
29 | appearance may do so at any polling place
established for early | ||||||
30 | voting.
| ||||||
31 | (b) If it is impractical for the election authority to | ||||||
32 | provide at each
polling place for early voting a ballot in | ||||||
33 | every form required in the election
authority's jurisdiction, |
| |||||||
| |||||||
1 | the election authority may:
| ||||||
2 | (1) provide appropriate forms of ballots to the office | ||||||
3 | of the municipal
clerk in a municipality not having a board | ||||||
4 | of election commissioners; the
township clerk; or in | ||||||
5 | counties not under township organization, the road
| ||||||
6 | district clerk; and
| ||||||
7 | (2) limit voting at that polling place to registered | ||||||
8 | voters in that
municipality, ward or group of wards, | ||||||
9 | township, or road district.
| ||||||
10 | If the early voting polling place does not have the correct | ||||||
11 | ballot form for a person seeking to vote early, the election | ||||||
12 | judge or election official conducting early voting at that | ||||||
13 | polling place shall inform the person of that fact, give the | ||||||
14 | person the appropriate telephone number of the election | ||||||
15 | authority in order to locate an early voting polling place with | ||||||
16 | the correct ballot form for use in that person's assigned | ||||||
17 | precinct, and instruct the person to go to the proper early | ||||||
18 | voting polling place to vote early.
| ||||||
19 | (10 ILCS 5/19A-15 new)
| ||||||
20 | Sec. 19A-15. Period for early voting; hours.
| ||||||
21 | (a) The period for early voting by personal appearance | ||||||
22 | begins the 22nd day preceding a general primary, consolidated | ||||||
23 | primary, consolidated, or
general election and extends through | ||||||
24 | the 5th day before election day.
| ||||||
25 | (b) A permanent polling place for early voting must remain | ||||||
26 | open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. | ||||||
27 | to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on | ||||||
28 | Saturdays, Sundays, and holidays.
| ||||||
29 | (10 ILCS 5/19A-20 new)
| ||||||
30 | Sec. 19A-20. Temporary branch polling places.
| ||||||
31 | (a) In addition to permanent polling places for early | ||||||
32 | voting, the election
authority may establish temporary branch |
| |||||||
| |||||||
1 | polling places for early voting.
| ||||||
2 | (b) The provisions of subsection (b) of Section 19A-15 do | ||||||
3 | not apply to a
temporary polling place. Voting at a temporary | ||||||
4 | branch polling place may be
conducted on any one or more days | ||||||
5 | and during any hours within the period for
early voting by | ||||||
6 | personal appearance that are determined by the election
| ||||||
7 | authority.
| ||||||
8 | (c) The schedules for conducting voting do not need to be | ||||||
9 | uniform among the
temporary branch polling places.
| ||||||
10 | (d) The legal rights and remedies which inure to the owner | ||||||
11 | or lessor of
private property are not impaired or otherwise | ||||||
12 | affected by the leasing of the
property for use as a temporary | ||||||
13 | branch polling place for early voting, except
to the extent | ||||||
14 | necessary to conduct early voting at that location.
| ||||||
15 | (10 ILCS 5/19A-25 new)
| ||||||
16 | Sec. 19A-25. Schedule of locations and times for early | ||||||
17 | voting.
| ||||||
18 | (a) The election authority shall publish during the week | ||||||
19 | before the period
for early voting and at least once each week | ||||||
20 | during the period for early voting
in a newspaper of general | ||||||
21 | circulation in the election authority's jurisdiction
a | ||||||
22 | schedule stating:
| ||||||
23 | (1) the location of each permanent and temporary | ||||||
24 | polling place for early
voting and the precincts served by | ||||||
25 | each location; and
| ||||||
26 | (2) the dates and hours that early voting will be | ||||||
27 | conducted at each
location.
| ||||||
28 | (b) The election authority shall post a copy of the | ||||||
29 | schedule at any office
or other location that is to be used as | ||||||
30 | a polling place for early voting. The
schedule must be posted | ||||||
31 | continuously for a period beginning not later than the
5th day | ||||||
32 | before the first day of the
period for early voting by personal | ||||||
33 | appearance and ending on the last day of
that period.
|
| |||||||
| |||||||
1 | (c) The election authority must make copies of the schedule | ||||||
2 | available to the
public in reasonable quantities without charge | ||||||
3 | during the period of posting.
| ||||||
4 | (d) If the election authority maintains a website, it shall | ||||||
5 | make the schedule available on its website.
| ||||||
6 | (e) No additional polling places for early voting may be | ||||||
7 | established after
the schedule is published under this Section.
| ||||||
8 | (10 ILCS 5/19A-25.5 new)
| ||||||
9 | Sec. 19A-25.5. Voting machines, automatic tabulating | ||||||
10 | equipment, and
precinct
tabulation optical scan technology | ||||||
11 | voting equipment.
| ||||||
12 | (a) In all jurisdictions in which voting machines are used, | ||||||
13 | the provisions
of this Code that are not inconsistent with this | ||||||
14 | Article relating to the
furnishing of ballot boxes, printing | ||||||
15 | and furnishing ballots and supplies, the
canvassing of ballots, | ||||||
16 | and the making of returns, apply with full force and
effect to | ||||||
17 | the extent necessary to make this Article effective, provided | ||||||
18 | that
the number of ballots to be printed shall be in the | ||||||
19 | discretion of the election
authority, and provided further that | ||||||
20 | early ballots shall not be counted until after the polls are | ||||||
21 | closed on election day.
| ||||||
22 | (b) If the election authority has adopted the use of | ||||||
23 | automatic tabulating
equipment under Article 24A of this Code, | ||||||
24 | and the provisions of that Article
are in conflict with the
| ||||||
25 | provisions of this Article 19A, the provisions of Article 24A | ||||||
26 | shall govern the
procedures followed by the election authority, | ||||||
27 | its judges of election, and all
employees and agents; provided | ||||||
28 | that early ballots shall not be counted until after the polls | ||||||
29 | are closed on election day.
| ||||||
30 | (c) If the election authority has adopted the use of | ||||||
31 | precinct tabulation
optical scan technology voting equipment | ||||||
32 | under Article 24B of this Code, and
the provisions of that | ||||||
33 | Article are in conflict with the provisions of this
Article |
| |||||||
| |||||||
1 | 19A, the provisions of Article 24B shall govern the procedures | ||||||
2 | followed
by the election authority, its judges of election, and | ||||||
3 | all employees and
agents; provided that early ballots shall not | ||||||
4 | be counted until after the polls are closed on election day.
| ||||||
5 | (d) If the election authority has adopted the use of Direct | ||||||
6 | Recording Electronic Voting Systems under Article 24C of this | ||||||
7 | Code, and the provisions of that Article are in conflict with | ||||||
8 | the provisions of this Article 19A, the provisions of Article | ||||||
9 | 24C shall govern the procedures followed by the election | ||||||
10 | authority, its judges of election, and all employees and | ||||||
11 | agents; provided that early ballots shall not be counted until | ||||||
12 | after the polls are closed on election day.
| ||||||
13 | (10 ILCS 5/19A-30 new)
| ||||||
14 | Sec. 19A-30. Persons conducting early voting.
| ||||||
15 | (a) The election authority (i) must use election judges to | ||||||
16 | conduct early voting at an early voting polling place or (ii) | ||||||
17 | must appoint an employee or, if appropriate, designate a | ||||||
18 | municipal clerk, township clerk, or road district clerk to | ||||||
19 | serve as the election
official in charge of a polling place for | ||||||
20 | early voting.
| ||||||
21 | (b) If the election authority uses an employee or | ||||||
22 | designates a municipal, township, or road district clerk under | ||||||
23 | subsection (a), then the election authority may also appoint as | ||||||
24 | many additional election
officials as it deems necessary for | ||||||
25 | the proper conduct of the election.
| ||||||
26 | (10 ILCS 5/19A-35 new)
| ||||||
27 | Sec. 19A-35. Procedure for voting.
| ||||||
28 | (a) Not more than 23 days before the start of early voting, | ||||||
29 | the county clerk
shall make available to the election authority | ||||||
30 | conducting early voting by
personal
appearance a sufficient | ||||||
31 | number of early ballots, envelopes, and printed voting
| ||||||
32 | instruction slips for the use of early voters. The election |
| |||||||
| |||||||
1 | authority shall
receipt for all ballots received and shall | ||||||
2 | return unused or spoiled ballots at
the close of the early | ||||||
3 | voting period to the county clerk and must strictly
account for | ||||||
4 | all ballots received. The ballots delivered to the election
| ||||||
5 | authority must include early ballots for each precinct in the | ||||||
6 | election
authority's jurisdiction and must include separate | ||||||
7 | ballots for each political
subdivision conducting an election | ||||||
8 | of officers or a referendum at that
election.
| ||||||
9 | (b) In conducting early voting under this Article, the | ||||||
10 | election judge or official is
not required to verify the | ||||||
11 | signature of the early voter by comparison with the
signature | ||||||
12 | on the
official registration card, however, the judge or | ||||||
13 | official must verify (i) the identity
of the applicant, (ii) | ||||||
14 | that the applicant is a registered voter, (iii) the
precinct in | ||||||
15 | which the applicant is registered, and (iv) the proper ballots | ||||||
16 | of
the political subdivision in which the applicant resides and | ||||||
17 | is entitled to
vote before providing an early ballot to the | ||||||
18 | applicant. The applicant's identity must be verified by the | ||||||
19 | applicant's presentation of an Illinois driver's license, a | ||||||
20 | non-driver identification card issued by the Illinois | ||||||
21 | Secretary of State, or another government-issued | ||||||
22 | identification document containing the applicant's photograph. | ||||||
23 | The election judge or official
must verify the applicant's | ||||||
24 | registration from the most recent poll list
provided by the
| ||||||
25 | election authority, and if the applicant is not listed on that | ||||||
26 | poll list, by
telephoning the office of the election authority.
| ||||||
27 | (c) The sealed early ballots in their carrier envelope | ||||||
28 | shall be delivered by
the election authority to the proper | ||||||
29 | polling place before the close of the
polls on the day of the | ||||||
30 | election.
| ||||||
31 | (10 ILCS 5/19A-40 new)
| ||||||
32 | Sec. 19A-40. Enclosure of ballots in envelope. It is the | ||||||
33 | duty of the election judge or official to fold the
ballot or |
| |||||||
| |||||||
1 | ballots in the manner specified by the statute for folding
| ||||||
2 | ballots prior to their deposit in the ballot box, and to | ||||||
3 | enclose the
ballot or ballots in an envelope unsealed to be | ||||||
4 | furnished by him or her, which
envelope shall bear upon the | ||||||
5 | face thereof the name, official title, and
post office address | ||||||
6 | of the election authority, and upon the other side
a printed | ||||||
7 | certification in substantially the
following form:
| ||||||
8 | I state that I am a resident of the .... precinct of the | ||||||
9 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
10 | the city of
.... residing at .... in that city or town in the | ||||||
11 | county of .... and
State of Illinois, that I have lived at that | ||||||
12 | address for .... months
last past; that I am lawfully entitled | ||||||
13 | to vote in that precinct at the
.... election to be held on | ||||||
14 | .... .
| ||||||
15 | *fill in either (1), (2) or (3).
| ||||||
16 | I further state that I personally marked the enclosed | ||||||
17 | ballot in secret.
| ||||||
18 | Under penalties of perjury as provided by law pursuant to | ||||||
19 | Section 29-10
of the Election Code, the undersigned certifies | ||||||
20 | that the statements set
forth in this certification are true | ||||||
21 | and correct.
| ||||||
22 | .......................
| ||||||
23 | If the ballot enclosed is to be voted at a primary
| ||||||
24 | election, the certification shall designate the name of the | ||||||
25 | political
party with which the voter is affiliated.
| ||||||
26 | In addition to the above, the election authority shall | ||||||
27 | provide
printed slips giving full instructions regarding the | ||||||
28 | manner of marking
and returning the ballot in order that the | ||||||
29 | same may be counted, and
shall furnish one of the printed slips | ||||||
30 | to each of such applicants at
the same time the ballot is | ||||||
31 | delivered to him or her.
The instructions shall include the | ||||||
32 | following statement: "In signing the
certification on the early | ||||||
33 | ballot envelope, you are attesting that you
personally marked | ||||||
34 | this early ballot in secret.
If your are physically unable to |
| |||||||
| |||||||
1 | mark the ballot, a friend or relative may
assist you. Federal | ||||||
2 | and State laws prohibit your employer, your employer's
agent, | ||||||
3 | or an officer or agent of your union form assisting physically | ||||||
4 | disabled
voters."
| ||||||
5 | In addition to the above, if a ballot to be provided to a | ||||||
6 | voter
pursuant to this Section contains a public question | ||||||
7 | described in subsection
(b) of Section 28-6 and the territory | ||||||
8 | concerning which the question is
to be submitted is not | ||||||
9 | described on the ballot due to the space limitations
of the | ||||||
10 | ballot, the election authority shall provide a printed copy of
| ||||||
11 | a notice of the public question, which shall include a | ||||||
12 | description of the
territory in the manner required by Section | ||||||
13 | 16-7. The notice shall be
furnished to the voter at the same | ||||||
14 | time the ballot is delivered to the
voter.
| ||||||
15 | (10 ILCS 5/19A-45 new)
| ||||||
16 | Sec. 19A-45. Certification. The voter shall make and | ||||||
17 | subscribe the
certification provided for on the return envelope | ||||||
18 | of the ballot, and the ballot
or ballots shall be folded by the | ||||||
19 | voter in the manner required to be folded
before
depositing the | ||||||
20 | ballot in the ballot box, and shall be deposited in the | ||||||
21 | envelope
and the envelope securely sealed. The voter shall then | ||||||
22 | endorse his or her
certificate on the back of the envelope and | ||||||
23 | the envelope shall be returned to
the election judge or | ||||||
24 | official conducting the early voting.
| ||||||
25 | (10 ILCS 5/19A-50 new)
| ||||||
26 | Sec. 19A-50. Receipt of ballots. Upon receipt of the | ||||||
27 | voter's ballot, the
election judge or official shall enclose | ||||||
28 | the unopened ballot in a large or carrier
envelope that shall | ||||||
29 | be securely sealed and endorsed with the name and official
| ||||||
30 | title of the election judge or official and the words, "This | ||||||
31 | envelope contains a ballot
and must be opened on election day", | ||||||
32 | together with the number and description
of the precinct in |
| |||||||
| |||||||
1 | which the ballot is to be voted, and the election authority
| ||||||
2 | shall safely keep the envelope in its office until delivered to | ||||||
3 | the judges of
election as provided in Section 19A-35.
| ||||||
4 | (10 ILCS 5/19A-55 new)
| ||||||
5 | Sec. 19A-55. Casting the ballots. At the close of the | ||||||
6 | regular balloting and at the close of the
polls the judges of | ||||||
7 | election of each voting precinct shall proceed to cast the
| ||||||
8 | early voter's ballot separately, and as each early voter's | ||||||
9 | ballot is taken
shall open the outer or carrier envelope, | ||||||
10 | announce the early voter's name, and
compare the signature upon | ||||||
11 | the official registration card with the signature
upon the
| ||||||
12 | certification on the ballot envelope. In case the judges find | ||||||
13 | the
certification properly executed, that the signatures | ||||||
14 | correspond, that the
applicant is a duly qualified voter in the | ||||||
15 | precinct, and the voter has
not been present and voted
on the | ||||||
16 | election day, they shall open the envelope
containing the early | ||||||
17 | voter's ballot in a manner that does not deface or
destroy the | ||||||
18 | certification thereon, or mark or tear the ballots therein and
| ||||||
19 | take out the ballot or ballots therein contained without | ||||||
20 | unfolding or
permitting the same to be unfolded or examined, | ||||||
21 | and having endorsed the
ballot in like manner as other ballots | ||||||
22 | are required to be endorsed, shall
deposit the same in the | ||||||
23 | proper ballot box or boxes and enter the early
voter's name in | ||||||
24 | the poll book the same as if he or she had voted on election
| ||||||
25 | day.
The judges shall place the early ballot certification
| ||||||
26 | envelopes in a separate envelope as per the direction of the | ||||||
27 | election
authority. The envelope containing the early ballot | ||||||
28 | certification
envelopes shall be returned to the election | ||||||
29 | authority and preserved in like
manner as the official poll | ||||||
30 | record.
| ||||||
31 | In case the signatures do not correspond, or the applicant | ||||||
32 | is not
a duly qualified voter in the precinct or the ballot | ||||||
33 | envelope is
open or has been opened and resealed, or the voter |
| |||||||
| |||||||
1 | has
voted on election day, the
previously cast
vote shall not | ||||||
2 | be allowed, but without opening the early voter's envelope
the | ||||||
3 | judge of the election shall mark across the face thereof, | ||||||
4 | "Rejected",
giving the reason therefor.
| ||||||
5 | In case the ballot envelope contains more than one ballot | ||||||
6 | of any kind,
the ballots shall not be counted, but shall be | ||||||
7 | marked "Rejected", giving
the reason therefor.
| ||||||
8 | The early voters' envelopes and affidavits and the early | ||||||
9 | voters'
envelope with its contents unopened, when the early | ||||||
10 | vote is rejected,
shall be retained and preserved in the manner | ||||||
11 | as now provided for the
retention and preservation of official | ||||||
12 | ballots rejected at the election.
| ||||||
13 | (10 ILCS 5/19A-60 new)
| ||||||
14 | Sec. 19A-60. Pollwatchers. Pollwatchers may be appointed | ||||||
15 | to observe early
voting by personal appearance at each | ||||||
16 | permanent and temporary polling place
where early voting is | ||||||
17 | conducted. The pollwatchers shall qualify and be
appointed in | ||||||
18 | the same manner as provided in Sections 7-34 and 17-23, except
| ||||||
19 | that
each candidate, political party, or organization of | ||||||
20 | citizens may appoint only
one pollwatcher for each location | ||||||
21 | where early voting by
personal appearance is conducted. | ||||||
22 | Pollwatchers must be residents of the State
and possess valid | ||||||
23 | pollwatcher credentials.
| ||||||
24 | In the polling place on election day, pollwatchers are | ||||||
25 | permitted to be
present during the casting of the early ballots | ||||||
26 | and the vote of an early voter
may be challenged for cause the | ||||||
27 | same as if the voter were present and voted on
election day. | ||||||
28 | The judges of election or election authority personnel | ||||||
29 | conducting early voting, or a majority of either of these, have | ||||||
30 | the power
and authority to hear and determine the legality of | ||||||
31 | the early ballot, provided that if a challenge to any early | ||||||
32 | voter's right to vote is sustained,
notice of the challenge | ||||||
33 | must be given by the judges of election or election authority |
| |||||||
| |||||||
1 | by mail
addressed to the voter's place of residence.
| ||||||
2 | (10 ILCS 5/19A-65 new)
| ||||||
3 | Sec. 19A-65. Death of voter before opening of polls. | ||||||
4 | Whenever due proof
is made to the judges of election or | ||||||
5 | election authority personnel counting early ballots that any | ||||||
6 | voter who has marked an early ballot
as provided in this | ||||||
7 | Article has died before the opening of the polls on the
date of | ||||||
8 | the election, the ballot of the deceased voter shall be | ||||||
9 | returned in the same manner provided for rejected ballots; but | ||||||
10 | the
casting of the ballot of a deceased voter shall not | ||||||
11 | invalidate the election.
| ||||||
12 | (10 ILCS 5/19A-70 new)
| ||||||
13 | Sec. 19A-70. Advertising or campaigning in proximity of | ||||||
14 | polling place;
penalty. During the period prescribed in Section | ||||||
15 | 19A-15 for early voting by
personal appearance, no advertising | ||||||
16 | pertaining to any candidate or proposition
to be voted on may | ||||||
17 | be displayed in or within 100 feet of any polling place used
by | ||||||
18 | voters under this Article. No person may engage in | ||||||
19 | electioneering in or
within 100 feet of any polling place used | ||||||
20 | by voters under this Article. The provisions of Section 17-29 | ||||||
21 | with respect to establishment of a campaign free zone apply to | ||||||
22 | polling places under this Article.
| ||||||
23 | Any person who violates this Section may be punished for | ||||||
24 | contempt of court.
| ||||||
25 | (10 ILCS 5/19A-75 new)
| ||||||
26 | Sec. 19A-75. Early voting in jurisdictions using Direct | ||||||
27 | Recording Electronic Voting Systems under Article 24C. | ||||||
28 | Election authorities that have adopted for use Direct Recording | ||||||
29 | Electronic Voting Systems under Article 24C may either use | ||||||
30 | those voting systems to conduct early voting or, so long as at | ||||||
31 | least one Direct Recording Electronic Voting System device is |
| |||||||
| |||||||
1 | available at each early voting polling place, use whatever | ||||||
2 | method the election authority uses for absentee balloting | ||||||
3 | conducted by mail; provided that no early ballots are counted | ||||||
4 | before the polls close on election day.
| ||||||
5 | (10 ILCS 5/20-4)
(from Ch. 46, par. 20-4)
| ||||||
6 | Sec. 20-4. Immediately upon the receipt of the official | ||||||
7 | postcard or
an application as provided in Section 20-3 within | ||||||
8 | the times heretofore
prescribed, the election authority shall | ||||||
9 | ascertain whether or not such
applicant is legally entitled to | ||||||
10 | vote as requested. If the election
authority ascertains that | ||||||
11 | the applicant
is lawfully entitled to vote, it shall enter the | ||||||
12 | name, street address,
ward and precinct number of such | ||||||
13 | applicant on a list to be posted in his
or its office in a place | ||||||
14 | accessible to the public.
Within one business day after posting | ||||||
15 | the name and other information of an
applicant for a ballot, | ||||||
16 | the election authority shall transmit that name and
posted | ||||||
17 | information to the State Board of Elections, which shall | ||||||
18 | maintain the
names and other information in an electronic | ||||||
19 | format on its website, arranged by
county and accessible to | ||||||
20 | State and local political committees.
As soon as the
official | ||||||
21 | ballot is prepared the election authority shall immediately
| ||||||
22 | deliver the same to the applicant in person or by mail, in the | ||||||
23 | manner
prescribed in Section 20-5.
| ||||||
24 | If any such election authority receives a second or | ||||||
25 | additional
application which it believes is from the same | ||||||
26 | person, he or it shall
submit it to the chief judge of the | ||||||
27 | circuit court or any judge of that
court designated by the | ||||||
28 | chief judge. If the chief judge or his designate
determines | ||||||
29 | that the application submitted to him is a second or
additional | ||||||
30 | one, he shall so notify the election authority who shall
| ||||||
31 | disregard the second or additional application.
| ||||||
32 | The election authority shall maintain a list for each | ||||||
33 | election of the
voters to whom it has issued absentee ballots. |
| |||||||
| |||||||
1 | The list
shall be maintained for each precinct within the | ||||||
2 | jurisdiction of the
election authority. Prior to the opening of | ||||||
3 | the polls on election day,
the election authority shall deliver | ||||||
4 | to the judges of election in each
precinct the list of | ||||||
5 | registered voters in that precinct to whom absentee
ballots | ||||||
6 | have been issued.
| ||||||
7 | (Source: P.A. 81-0155; 81-0953; 81-1509.)
| ||||||
8 | (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
| ||||||
9 | Sec. 22-1. Abstracts of votes. Within 21 days after the
| ||||||
10 | close of the
election at which candidates for offices | ||||||
11 | hereinafter named in this Section are
voted upon, the county | ||||||
12 | clerks of the respective counties, with the assistance
of the | ||||||
13 | chairmen of the county central committees of the Republican and
| ||||||
14 | Democratic parties of the county, shall open the returns and | ||||||
15 | make abstracts of
the votes on a separate sheet for each of the | ||||||
16 | following:
| ||||||
17 | A. For Governor and Lieutenant Governor;
| ||||||
18 | B. For State officers;
| ||||||
19 | C. For presidential electors;
| ||||||
20 | D. For United States Senators and Representatives to | ||||||
21 | Congress;
| ||||||
22 | E. For judges of the Supreme Court;
| ||||||
23 | F. For judges of the Appellate Court;
| ||||||
24 | G. For judges of the circuit court;
| ||||||
25 | H. For Senators and Representatives to the General | ||||||
26 | Assembly;
| ||||||
27 | I. For State's Attorneys elected from 2 or more counties;
| ||||||
28 | J. For amendments to the Constitution, and for other | ||||||
29 | propositions
submitted to the electors of the entire State;
| ||||||
30 | K. For county officers and for propositions submitted to | ||||||
31 | the
electors of the county only;
| ||||||
32 | L. For Regional Superintendent of Schools;
| ||||||
33 | M. For trustees of Sanitary Districts; and
|
| |||||||
| |||||||
1 | N. For Trustee of a Regional Board of School Trustees.
| ||||||
2 | Each sheet shall report the returns by precinct or ward.
| ||||||
3 | Multiple originals of each of the sheets shall be prepared | ||||||
4 | and one of
each shall be turned over to the chairman of the | ||||||
5 | county central
committee of each of the then existing | ||||||
6 | established political parties, as
defined in Section 10-2, or | ||||||
7 | his duly authorized representative
immediately after the | ||||||
8 | completion of the entries on the sheets and before
the totals | ||||||
9 | have been compiled.
| ||||||
10 | The foregoing abstracts shall be preserved by the county | ||||||
11 | clerk in his office.
| ||||||
12 | Whenever any county chairman is also county clerk or | ||||||
13 | whenever any
county chairman is unable to serve as a member of | ||||||
14 | such canvassing board
the vice-chairman or secretary of his | ||||||
15 | county central committee, in that
order, shall serve in his | ||||||
16 | place as member of such canvassing board;
provided, that if | ||||||
17 | none of these persons is able to serve, the county
chairman may | ||||||
18 | appoint a member of his county central committee to serve
as a | ||||||
19 | member of such canvassing board.
| ||||||
20 | The powers and duties of the county canvassing board are | ||||||
21 | limited to
those specified in this Section. In no event shall | ||||||
22 | such canvassing board
open any package in which the ballots | ||||||
23 | have been wrapped or any envelope
containing "defective" or | ||||||
24 | "objected to" ballots, or in any manner
undertake to examine | ||||||
25 | the ballots used in the election, except as
provided in Section | ||||||
26 | 22-9.1 or when directed by a court in an election
contest. Nor | ||||||
27 | shall such canvassing board call in the precinct judges of
| ||||||
28 | election or any other persons to open or recount the ballots.
| ||||||
29 | No person who is shown by the canvassing board's | ||||||
30 | proclamation to have been elected at the consolidated election | ||||||
31 | or general election as a write-in candidate shall take office | ||||||
32 | unless that person has first filed with the certifying office | ||||||
33 | or board a statement of candidacy pursuant to Section 7-10 or | ||||||
34 | Section 10-5, a statement pursuant to Section 7-10.1, and a |
| |||||||
| |||||||
1 | receipt for filing a statement of economic interests in | ||||||
2 | relation to the unit of government to which he or she has been | ||||||
3 | elected. For officers elected at the consolidated election, the | ||||||
4 | certifying officer shall notify the election authority of the | ||||||
5 | receipt of those documents, and the county clerk shall issue | ||||||
6 | the certification of election under the provisions of Section | ||||||
7 | 22-18.
| ||||||
8 | (Source: P.A. 93-847, eff. 7-30-04.)
| ||||||
9 | (10 ILCS 5/22-5) (from Ch. 46, par. 22-5)
| ||||||
10 | Sec. 22-5. Immediately after the completion of the | ||||||
11 | abstracts of votes by precinct or ward , the county
clerk shall | ||||||
12 | make 2 correct copies of the abstracts of votes for Governor,
| ||||||
13 | Lieutenant Governor, Secretary of State, State Comptroller, | ||||||
14 | Treasurer,
Attorney General, both of which said copies he shall | ||||||
15 | envelope and seal up,
and endorse upon the envelopes in | ||||||
16 | substance, "Abstracts of votes for State
Officers from .... | ||||||
17 | County"; and shall seal up a copy of each of the
abstracts of | ||||||
18 | votes for other officers and amendments to the Constitution
and | ||||||
19 | other propositions voted on, and endorse the same so as to show | ||||||
20 | the
contents of the package, and address the same to the State | ||||||
21 | Board of
Elections. The several packages shall then be placed | ||||||
22 | in one envelope and
addressed to the State Board of Elections.
| ||||||
23 | The county clerk shall send the sealed envelope addressed to | ||||||
24 | the State Board
of Elections
via overnight mail so it arrives | ||||||
25 | at the address the following calendar day.
| ||||||
26 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
27 | (10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
| ||||||
28 | Sec. 22-7. Canvass of votes; declaration and proclamation | ||||||
29 | of result. The State Board of Elections, shall proceed within | ||||||
30 | 31 days
after the election,
and sooner if all the returns are | ||||||
31 | received, to canvass the votes given
for United States Senators | ||||||
32 | and Representatives to Congress, State
executive officers, |
| |||||||
| |||||||
1 | judges of the Supreme Court, judges of the Appellate
Court, | ||||||
2 | judges of the Circuit Court, Senators, Representatives to the
| ||||||
3 | General Assembly, State's Attorneys and Regional | ||||||
4 | Superintendents of Schools
elected from 2 or more counties, | ||||||
5 | respectively, and the persons
having the highest number of | ||||||
6 | votes for the respective offices shall be
declared duly | ||||||
7 | elected, but if it appears that more than the number of
persons | ||||||
8 | to be elected have the highest and an equal number of votes for
| ||||||
9 | the same office, the electoral board shall decide by lot which | ||||||
10 | of such
persons shall be elected; and to each person duly | ||||||
11 | elected, the Governor
shall give a certificate of election or | ||||||
12 | commission, as the case may
require, and shall cause | ||||||
13 | proclamation to be made of the result of the
canvass, and they | ||||||
14 | shall at the same time and in the same manner, canvass
the vote | ||||||
15 | cast upon amendments to the Constitution, and upon other
| ||||||
16 | propositions submitted to the electors of the entire State; and | ||||||
17 | the
Governor shall cause to be made such proclamation of the | ||||||
18 | result of the
canvass as the statutes elsewhere provide. The | ||||||
19 | State Board of Elections
shall transmit to the State | ||||||
20 | Comptroller a list of the persons elected to
the various | ||||||
21 | offices. The State Board of Elections shall also transmit to
| ||||||
22 | the Supreme Court the names of persons elected to judgeships in
| ||||||
23 | adversary elections and the names of judges who fail to win | ||||||
24 | retention in
office.
| ||||||
25 | No person who is shown by the canvassing board's | ||||||
26 | proclamation to have been elected at the consolidated election | ||||||
27 | or general election as a write-in candidate shall take office | ||||||
28 | unless that person has first filed with the certifying office | ||||||
29 | or board a statement of candidacy pursuant to Section 7-10 or | ||||||
30 | Section 10-5, a statement pursuant to Section 7-10.1, and a | ||||||
31 | receipt for filing a statement of economic interests in | ||||||
32 | relation to the unit of government to which he or she has been | ||||||
33 | elected. For officers elected at the consolidated election, the | ||||||
34 | certifying officer shall notify the election authority of the |
| |||||||
| |||||||
1 | receipt of those documents, and the county clerk shall issue | ||||||
2 | the certification of election under the provisions of Section | ||||||
3 | 22-18.
| ||||||
4 | (Source: P.A. 93-847, eff. 7-30-04.)
| ||||||
5 | (10 ILCS 5/22-8)
(from Ch. 46, par. 22-8)
| ||||||
6 | Sec. 22-8. In municipalities operating under Article 6 of | ||||||
7 | this Act,
within 21 days after the close of such election, a | ||||||
8 | judge of
the circuit
court, with the assistance of the city | ||||||
9 | attorney and the board of election
commissioners, who are | ||||||
10 | hereby declared a canvassing board for such city,
shall open | ||||||
11 | all returns left respectively, with the election | ||||||
12 | commissioners,
the county clerk, and city comptroller, and | ||||||
13 | shall make abstracts or
statements of the votes in the | ||||||
14 | following manner, as the case may require,
viz: All votes for | ||||||
15 | Governor and Lieutenant Governor on one sheet; all votes
for | ||||||
16 | other State officers on another sheet; all votes for | ||||||
17 | presidential
electors on another sheet; all votes for United | ||||||
18 | States Senators and
Representatives to Congress on another | ||||||
19 | sheet; all votes for judges of the
Supreme Court on another | ||||||
20 | sheet; all votes for judges of the Appellate Court
on another | ||||||
21 | sheet; all votes for Judges of the Circuit Court on another
| ||||||
22 | sheet; all votes for Senators and Representatives to the | ||||||
23 | General Assembly
on another sheet; all votes for State's | ||||||
24 | Attorneys where elected from 2 or
more counties on another | ||||||
25 | sheet; all votes for County Officers on another
sheet; all | ||||||
26 | votes for City Officers on another sheet; all votes for Town
| ||||||
27 | Officers on another sheet; and all votes for any other office | ||||||
28 | on a separate
and appropriate sheet; all votes for any | ||||||
29 | proposition, which may be
submitted to a vote of the people, on | ||||||
30 | another sheet, and all votes against
any proposition, submitted | ||||||
31 | to a vote of the people, on another sheet.
| ||||||
32 | Each sheet shall report the returns by precinct or ward.
| ||||||
33 | Multiple originals of each of the sheets shall be prepared |
| |||||||
| |||||||
1 | and one of
each shall be turned over to the chairman of the | ||||||
2 | county central committee
of each of the then existing | ||||||
3 | established political parties, as defined in
Section 10-2, or | ||||||
4 | his duly authorized representative immediately after the
| ||||||
5 | completion of the entries on the sheets and before the totals | ||||||
6 | have been
compiled.
| ||||||
7 | (Source: P.A. 93-847, eff. 7-30-04.)
| ||||||
8 | (10 ILCS 5/22-9) (from Ch. 46, par. 22-9)
| ||||||
9 | Sec. 22-9. It shall be the duty of such Board of Canvassers | ||||||
10 | to canvass, and add up
and declare the result of every election | ||||||
11 | hereafter held within the
boundaries of such city, village or | ||||||
12 | incorporated town, operating under
Article 6 of this Act, and | ||||||
13 | the judge of the circuit court shall thereupon
enter of record | ||||||
14 | such abstract and result by precinct or ward , and a certified | ||||||
15 | copy of such
record shall thereupon be filed with the County | ||||||
16 | Clerk of the county; and
such abstracts or results shall be | ||||||
17 | treated, by the County Clerk in all
respects, as if made by the | ||||||
18 | Canvassing Board now provided by the foregoing
sections of this | ||||||
19 | law, and he shall transmit the same to the State Board of
| ||||||
20 | Elections, or other proper officer, as required hereinabove.
| ||||||
21 | The county clerk or board of election commissioners, as the | ||||||
22 | case may be,
shall send the
abstract by precinct or ward and | ||||||
23 | result in a sealed envelope addressed to the State Board of
| ||||||
24 | Elections via
overnight mail so it arrives at the address the | ||||||
25 | following calendar day.
And such
abstracts or results so | ||||||
26 | entered and declared by such judge, and a certified
copy | ||||||
27 | thereof, shall be treated everywhere within the state, and by | ||||||
28 | all
public officers, with the same binding force and effect as | ||||||
29 | the abstract of
votes now authorized by the foregoing | ||||||
30 | provisions of this Act.
| ||||||
31 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
32 | (10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
|
| |||||||
| |||||||
1 | Sec. 22-15. The county clerk or board of election | ||||||
2 | commissioners shall, upon request,
and by mail if so requested, | ||||||
3 | furnish free of charge to any candidate for
State office, | ||||||
4 | including State Senator and Representative in the General
| ||||||
5 | Assembly, and any candidate for congressional office, whose | ||||||
6 | name appeared
upon the ballot within the jurisdiction of
the | ||||||
7 | county clerk or board of election commissioners, a copy of the | ||||||
8 | abstract
of votes by precinct or ward for all candidates for | ||||||
9 | the office for which such
person was a candidate. Such abstract | ||||||
10 | shall be furnished no later than 2
days after the receipt of | ||||||
11 | the request or 8 days after the completing of the
canvass, | ||||||
12 | whichever is later.
| ||||||
13 | Within one calendar day following the canvass and
| ||||||
14 | proclamation of each general
primary election and general | ||||||
15 | election, each election authority shall transmit
to the | ||||||
16 | principal office of the State Board of Elections copies of the | ||||||
17 | abstracts
of votes by precinct or ward
for the above-named | ||||||
18 | offices and for the offices of
ward, township, and precinct | ||||||
19 | committeeman via overnight mail so that the
abstract of votes | ||||||
20 | arrives at the address the following calendar day. Each
| ||||||
21 | election authority shall
also transmit to the principal office | ||||||
22 | of the State Board of Elections copies
of current precinct poll | ||||||
23 | lists.
| ||||||
24 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
25 | (10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
| ||||||
26 | Sec. 22-15.1. (a) Within 60 days following the canvass
of | ||||||
27 | the general election within each election jurisdiction, the | ||||||
28 | election
authority shall
prepare, in typewritten or legible | ||||||
29 | computer-generated form, a report of the
abstracts of votes by | ||||||
30 | precinct for all offices and
questions of public policy in | ||||||
31 | connection with which votes were cast within
the election | ||||||
32 | jurisdiction at the general election. The report shall
include | ||||||
33 | the total number of ballots cast within each precinct or ward |
| |||||||
| |||||||
1 | and the
total
number of registered voters within each precinct | ||||||
2 | or ward . The election
authority shall provide a copy of the | ||||||
3 | report to the chairman of the county
central committee of each | ||||||
4 | established political party in the county within
which the | ||||||
5 | election jurisdiction is contained, and shall make a reasonable
| ||||||
6 | number of copies of the report available for distribution to | ||||||
7 | the public.
| ||||||
8 | (b) Within 60 days after the effective date of this | ||||||
9 | amendatory Act of
1985, each election authority shall prepare, | ||||||
10 | in typewritten or legible
computer-generated form, a report of | ||||||
11 | the type required
by subsection (a) concerning the general | ||||||
12 | election of 1984. The election
authority shall provide a copy | ||||||
13 | of the report to the chairman of the county
central committee | ||||||
14 | of each established political party in the county in
which the | ||||||
15 | election jurisdiction is contained, and shall make a reasonable
| ||||||
16 | number of copies of the report available for distribution to | ||||||
17 | the public.
| ||||||
18 | (c) An election authority may charge a fee to reimburse the | ||||||
19 | actual cost
of duplicating each copy of a report provided | ||||||
20 | pursuant to subsection (a) or
(b).
| ||||||
21 | (Source: P.A. 89-700, eff. 1-17-97.)
| ||||||
22 | (10 ILCS 5/22-17)
(from Ch. 46, par. 22-17)
| ||||||
23 | Sec. 22-17. (a) Except as provided in subsection (b),
the | ||||||
24 | canvass of votes cast at the nonpartisan and consolidated | ||||||
25 | election
elections
shall be conducted by the following | ||||||
26 | canvassing boards within 21 days
after the close of such | ||||||
27 | elections:
| ||||||
28 | 1. For city offices, by the mayor, the city attorney | ||||||
29 | and the city
clerk.
| ||||||
30 | 2. For village and incorporated town offices, by the | ||||||
31 | president of
the board of trustees, one member of the board | ||||||
32 | of trustees, and the
village or incorporated town clerk.
| ||||||
33 | 3. For township offices, by the township supervisor, |
| |||||||
| |||||||
1 | the eligible town
trustee elected in the township who has | ||||||
2 | the longest term of continuous
service as town trustee, and | ||||||
3 | the township clerk.
| ||||||
4 | 4. For road district offices, by the highway | ||||||
5 | commissioner and the
road district clerk.
| ||||||
6 | 5. For school district or community college district | ||||||
7 | offices, by the
school or community college district board.
| ||||||
8 | 6. For special district elected offices, by the board | ||||||
9 | of the special
district.
| ||||||
10 | 7. For multi-county educational service region | ||||||
11 | offices, by the
regional board of school trustees.
| ||||||
12 | 8. For township trustee of schools or land | ||||||
13 | commissioner, by the
township trustees of schools or land | ||||||
14 | commissioners.
| ||||||
15 | 9. For park district offices, by the president of the | ||||||
16 | park board, one
member of the board of park commissioners | ||||||
17 | and the secretary of the park
district.
| ||||||
18 | 10. For multi-township assessment districts, by the | ||||||
19 | chairman,
clerk, and assessor of the multi-township | ||||||
20 | assessment district.
| ||||||
21 | (b) The city canvassing board provided in Section 22-8 | ||||||
22 | shall canvass
the votes cast at the nonpartisan and | ||||||
23 | consolidated election
elections for offices
of any political | ||||||
24 | subdivision entirely within the jurisdiction of a
municipal | ||||||
25 | board of election commissioners.
| ||||||
26 | (c) The canvass of votes cast upon any public questions | ||||||
27 | submitted to
the voters of any political subdivision, or any | ||||||
28 | precinct or combination of
precincts within a political | ||||||
29 | subdivision, at any regular election or at
any emergency | ||||||
30 | referendum election, including votes cast by voters
outside of | ||||||
31 | the political subdivision where the question is for
annexation | ||||||
32 | thereto, shall be canvassed by the same board provided for in
| ||||||
33 | this Section for the canvass of votes of the officers of such | ||||||
34 | political
subdivision. However, referenda conducted throughout |
| |||||||
| |||||||
1 | a county and
referenda of sanitary districts whose officers are | ||||||
2 | elected at general
elections shall be canvassed by the county | ||||||
3 | canvassing board. The votes
cast on a public question for the | ||||||
4 | formation of a political subdivision
shall be canvassed by the | ||||||
5 | circuit court that ordered the question
submitted, or by such | ||||||
6 | officers of the court as may be appointed for such
purpose, | ||||||
7 | except where in the formation or reorganization of a school
| ||||||
8 | district or districts the regional superintendent of schools is
| ||||||
9 | designated by law as the canvassing official.
| ||||||
10 | (c-5) No person who is shown by the canvassing board's | ||||||
11 | proclamation to have been elected at the consolidated election | ||||||
12 | or general election as a write-in candidate shall take office | ||||||
13 | unless that person has first filed with the certifying office | ||||||
14 | or board a statement of candidacy pursuant to Section 7-10 or | ||||||
15 | Section 10-5, a statement pursuant to Section 7-10.1, and a | ||||||
16 | receipt for filing a statement of economic interests in | ||||||
17 | relation to the unit of government to which he or she has been | ||||||
18 | elected. For officers elected at the consolidated election, the | ||||||
19 | certifying officer shall notify the election authority of the | ||||||
20 | receipt of those documents, and the county clerk shall issue | ||||||
21 | the certification of election under the provisions of Section | ||||||
22 | 22-18.
| ||||||
23 | (d) The canvass of votes for offices of political | ||||||
24 | subdivisions cast
at special elections to fill vacancies held | ||||||
25 | on the day of any regular
election shall be conducted by the | ||||||
26 | canvassing board which is responsible
for canvassing the votes | ||||||
27 | at the regularly scheduled election for such office.
| ||||||
28 | (e) Abstracts of votes prepared pursuant to canvasses under | ||||||
29 | this Section shall report returns by precinct or ward.
| ||||||
30 | (Source: P.A. 93-847, eff. 7-30-04.)
| ||||||
31 | (10 ILCS 5/23-15.1)
| ||||||
32 | Sec. 23-15.1. Production of ballot counting code and | ||||||
33 | attendance of
witnesses. All voting-system vendors shall, |
| |||||||
| |||||||
1 | within 90 days after the adoption
of rules or upon application | ||||||
2 | for voting-system approval, place in escrow all
computer code | ||||||
3 | for its voting system with the State Board of Elections. The
| ||||||
4 | State Board of Elections shall promulgate rules to implement | ||||||
5 | this Section. For
purposes of this Section, the term "computer | ||||||
6 | code" includes, but is not limited
to, ballot counting source | ||||||
7 | code, table structures, modules, program narratives,
and other | ||||||
8 | human readable computer instructions used to count ballots.
Any | ||||||
9 | computer code submitted by vendors to the State Board of | ||||||
10 | Elections shall be
considered strictly confidential and the | ||||||
11 | intellectual property of the vendors
and shall not be subject | ||||||
12 | to public disclosure under the Freedom of
Information Act.
| ||||||
13 | The State Board of Elections shall determine which software | ||||||
14 | components of a
voting system it deems necessary to enable the | ||||||
15 | review and verification of the
computer. The State Board of | ||||||
16 | Elections shall secure and
maintain all
proprietary computer | ||||||
17 | codes in strict confidence and shall make a
computer code | ||||||
18 | available to authorized persons in
connection with an election | ||||||
19 | contest or pursuant to any State or federal court
order.
| ||||||
20 | In an election contest, each party to the contest may | ||||||
21 | designate one or more
persons who are authorized to receive the | ||||||
22 | computer code of the
relevant voting systems. The person or | ||||||
23 | persons authorized to receive the
relevant computer code shall | ||||||
24 | enter into a confidentiality
agreement with the State Board of | ||||||
25 | Elections and must exercise the highest
degree of reasonable | ||||||
26 | care to maintain the confidentiality of all proprietary
| ||||||
27 | information.
| ||||||
28 | The State Board of Elections shall promulgate rules to | ||||||
29 | provide for the
security, review, and verification of computer | ||||||
30 | codes.
Verification
includes, but is not limited to, | ||||||
31 | determining that the computer
code corresponds to computer | ||||||
32 | instructions actually in use to count ballots.
The State Board | ||||||
33 | of Elections shall hire, contract with, or otherwise provide | ||||||
34 | sufficiently qualified resources, both human and capital, to |
| |||||||
| |||||||
1 | conduct the reviews with the greatest possible expectation of | ||||||
2 | thoroughness, completeness, and effectiveness. The resources | ||||||
3 | shall be independent of and have no business, personal, | ||||||
4 | professional, or other affiliation with any of the system | ||||||
5 | vendors currently or prospectively supplying voting systems to | ||||||
6 | any county in the State of Illinois. Nothing in this Section | ||||||
7 | shall impair the obligation of any contract between a
| ||||||
8 | voting-systems vendor and an election authority that provides | ||||||
9 | access to
computer code that is equal to or greater than that | ||||||
10 | provided by
this Section.
| ||||||
11 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
12 | (10 ILCS 5/23-50 new)
| ||||||
13 | Sec. 23-50. Definition of a vote. For the purpose of any | ||||||
14 | recount of votes under this Code, a vote is defined as provided | ||||||
15 | in Sections 7-100, 17-100, 18-100, 24A-22, 24B-9.1, or 24C-10, | ||||||
16 | depending upon the type of voting equipment or system used to | ||||||
17 | cast the vote. | ||||||
18 | (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
| ||||||
19 | Sec. 24A-10. (1) In an election jurisdiction which has | ||||||
20 | adopted an
electronic voting system, the election official in | ||||||
21 | charge of the
election shall select one of the 3 following | ||||||
22 | procedures for receiving,
counting, tallying, and return of the | ||||||
23 | ballots:
| ||||||
24 | (a) Two ballot boxes shall be provided for each polling | ||||||
25 | place. The
first ballot box is for the depositing of votes cast | ||||||
26 | on the electronic
voting system; and the second ballot box is | ||||||
27 | for all votes cast on paper
ballots, including absentee paper | ||||||
28 | and early paper ballots and any other
paper ballots
required to | ||||||
29 | be voted other than on the electronic voting system.
Ballots, | ||||||
30 | except absentee and early ballots for candidates and | ||||||
31 | propositions
which
are listed on the electronic voting system, | ||||||
32 | deposited in the second
ballot box shall be counted, tallied, |
| |||||||
| |||||||
1 | and returned as is elsewhere
provided in "The Election Code," | ||||||
2 | as amended, for the counting and
handling of paper ballots. | ||||||
3 | Immediately after the closing of the polls
the absentee and | ||||||
4 | early ballots delivered to the precinct judges of election
by | ||||||
5 | the
election official in charge of the election shall be | ||||||
6 | examined to
determine that such ballots comply with Sections | ||||||
7 | 19-9 , 19A-55, and 20-9 of
"The
Election Code," as amended, and | ||||||
8 | are entitled to be deposited in the
ballot box provided | ||||||
9 | therefor; those entitled to be deposited in this
ballot box | ||||||
10 | shall be initialed by the precinct judges of election and
| ||||||
11 | deposited therein. Those not entitled to be deposited in this | ||||||
12 | ballot box
shall be marked "Rejected" and disposed of as | ||||||
13 | provided in Sections
19-9 , 19A-55, and 20-9. The precinct | ||||||
14 | judges of election shall then open the
second ballot box and | ||||||
15 | examine all paper absentee and early ballots which
are in
the | ||||||
16 | ballot box to determine whether the absentee and early ballots | ||||||
17 | bear the
initials of a precinct judge of election. If any | ||||||
18 | absentee or early ballot
is not
so initialed, it shall be | ||||||
19 | marked on the back "Defective," initialed as
to such label by | ||||||
20 | all judges immediately under such word "Defective," and
not | ||||||
21 | counted, but placed in the envelope provided for that purpose
| ||||||
22 | labeled "Defective Ballots Envelope." The judges of election, | ||||||
23 | consisting
in each case of at least one judge of election of | ||||||
24 | each of the two major
political parties, shall examine the | ||||||
25 | paper absentee and early ballots which
were
in such ballot box | ||||||
26 | and properly initialed so as to determine whether the
same | ||||||
27 | contain write-in votes. Write-in votes, not causing an overvote | ||||||
28 | for
an office otherwise voted for on the paper absentee or | ||||||
29 | early ballot, and
otherwise properly voted, shall be counted, | ||||||
30 | tallied and recorded on the
tally sheet provided for such | ||||||
31 | record. A write-in vote causing an
overvote for an office shall | ||||||
32 | not be counted for that office, but the
precinct judges shall | ||||||
33 | mark such paper or early absentee ballot "Objected
To" on
the | ||||||
34 | back thereof and write on its back the manner in which such |
| |||||||
| |||||||
1 | ballot
is counted and initial the same. An overvote for one | ||||||
2 | office shall
invalidate only the vote or count of that | ||||||
3 | particular office. After
counting, tallying and recording the | ||||||
4 | write-in votes on absentee and early
ballots,
the judges of | ||||||
5 | election, consisting in each case of at least one judge of
| ||||||
6 | election of each of the two major political parties, shall make | ||||||
7 | a true
duplicate ballot of the remaining valid votes on each | ||||||
8 | paper absentee or
early
ballot which was in the ballot box and | ||||||
9 | properly initialed, by using the
electronic voting system used | ||||||
10 | in the precinct and one of the marking
devices of the precinct | ||||||
11 | so as to transfer the remaining valid votes of
the voter on the | ||||||
12 | paper absentee ballot to an official ballot or a ballot
card of | ||||||
13 | that kind used in the precinct at that election. The original
| ||||||
14 | paper absentee or early ballot shall be clearly labeled | ||||||
15 | "Absentee Ballot"
or "Early Ballot", as the case may be, and | ||||||
16 | the
ballot card so produced "Duplicate Absentee Ballot , " or | ||||||
17 | "Duplicate Early
Ballot", as the case may be, and each shall | ||||||
18 | bear
the same serial number which shall be placed thereon by | ||||||
19 | the judges of
election, commencing with number 1 and continuing | ||||||
20 | consecutively for the
ballots of that kind in that precinct. | ||||||
21 | The judges of election shall
initial the "Duplicate Absentee | ||||||
22 | Ballot" and "Duplicate Early Ballot"
ballots or ballot cards | ||||||
23 | and
shall place them in the first ballot box provided for | ||||||
24 | return of the
ballots to be counted at the central counting | ||||||
25 | location in lieu of the
paper absentee and early ballots. The | ||||||
26 | paper absentee and early ballots
shall be
placed in an
envelope | ||||||
27 | provided for that purpose labeled "Duplicate Ballots."
| ||||||
28 | As soon as the absentee and early ballots have been | ||||||
29 | deposited in the
first
ballot box, the judges of election shall | ||||||
30 | make out a slip indicating the
number of persons who voted in | ||||||
31 | the precinct at the election. Such slip
shall be signed by all | ||||||
32 | the judges of election and shall be inserted by
them in the | ||||||
33 | first ballot box. The judges of election shall thereupon
| ||||||
34 | immediately lock the first ballot box; provided, that if
such |
| |||||||
| |||||||
1 | box is not of a type which may be securely locked, such box | ||||||
2 | shall be
sealed with filament tape provided for such purpose
| ||||||
3 | which shall be wrapped around the box lengthwise and crosswise, | ||||||
4 | at least
twice each way, and in such manner that the seal | ||||||
5 | completely covers the
slot in the ballot box, and each of the | ||||||
6 | judges shall sign such seal. Thereupon
two of the judges of | ||||||
7 | election, of different political parties, shall
forthwith and | ||||||
8 | by the most direct route transport both ballot boxes to
the | ||||||
9 | counting location designated by the county clerk or board of
| ||||||
10 | election commissioners.
| ||||||
11 | Before the ballots of a precinct are fed to the electronic | ||||||
12 | tabulating
equipment, the first ballot box shall be opened at | ||||||
13 | the central counting
station by the two precinct transport | ||||||
14 | judges. Upon opening a ballot box,
such team shall first count | ||||||
15 | the number of ballots in the box. If 2 or
more are folded | ||||||
16 | together so as to appear to have been cast by the same
person, | ||||||
17 | all of the ballots so folded together shall be marked and
| ||||||
18 | returned with the other ballots in the same condition, as near | ||||||
19 | as may
be, in which they were found when first opened, but | ||||||
20 | shall not be
counted. If the remaining ballots are found to | ||||||
21 | exceed the number of
persons voting in the precinct as shown by | ||||||
22 | the slip signed by the judges
of election, the ballots shall be | ||||||
23 | replaced in the box, and the box
closed and well shaken and | ||||||
24 | again opened and one of the precinct
transport judges shall | ||||||
25 | publicly draw out so many ballots unopened as are
equal to such | ||||||
26 | excess.
| ||||||
27 | Such excess ballots shall be marked "Excess-Not Counted" | ||||||
28 | and signed
by the two precinct transport judges and shall be | ||||||
29 | placed in the "After
7:00 p.m. Defective Ballots Envelope". The | ||||||
30 | number of excess ballots
shall be noted in the remarks section | ||||||
31 | of the Certificate of Results.
"Excess" ballots shall not be | ||||||
32 | counted in the total of "defective"
ballots.
| ||||||
33 | The precinct transport judges shall then examine the | ||||||
34 | remaining
ballots for write-in votes and shall count and |
| |||||||
| |||||||
1 | tabulate the write-in
vote; or
| ||||||
2 | (b) A single ballot box, for the deposit of all votes cast, | ||||||
3 | shall be
used. All ballots which are not to be tabulated on the | ||||||
4 | electronic voting
system shall be counted, tallied, and | ||||||
5 | returned as elsewhere provided in
"The Election Code," as | ||||||
6 | amended, for the counting and handling of paper
ballots.
| ||||||
7 | All ballots to be processed and tabulated with the | ||||||
8 | electronic voting
system shall be processed as follows:
| ||||||
9 | Immediately after the closing of the polls the absentee and | ||||||
10 | early ballots
delivered to the precinct judges of election by | ||||||
11 | the election official in
charge of the election shall be | ||||||
12 | examined to determine that such ballots
comply with Sections | ||||||
13 | 19-9 , 19A-55, and 20-9 of "The Election Code," as
amended,
and | ||||||
14 | are entitled to be deposited in the ballot box; those entitled | ||||||
15 | to be
deposited in the ballot box shall be initialed by the | ||||||
16 | precinct judges of
election and deposited in the ballot box. | ||||||
17 | Those not entitled to be
deposited in the ballot box shall be | ||||||
18 | marked "Rejected" and disposed of
as provided in said Sections | ||||||
19 | 19-9 , 19A-55, and 20-9. The precinct judges of
election then | ||||||
20 | shall open the ballot box and canvass the votes polled to
| ||||||
21 | determine that the number of ballots therein agree with the | ||||||
22 | number of
voters voting as shown by the applications for ballot | ||||||
23 | or if the same do
not agree the judges of election shall make | ||||||
24 | such ballots agree with the
applications for ballot in the | ||||||
25 | manner provided by Section 17-18 of "The
Election Code." The | ||||||
26 | judges of election shall then examine all paper
absentee and | ||||||
27 | early ballots, ballot cards and ballot card envelopes which
are | ||||||
28 | in
the ballot box to determine whether the paper ballots, | ||||||
29 | ballot cards and
ballot card envelopes bear the initials of a | ||||||
30 | precinct judge of election.
If any paper ballot, ballot card or | ||||||
31 | ballot card envelope is not
initialed, it shall be marked on | ||||||
32 | the back "Defective," initialed as to
such label by all judges | ||||||
33 | immediately under such word "Defective," and
not counted, but | ||||||
34 | placed in the envelope provided for that purpose
labeled |
| |||||||
| |||||||
1 | "Defective Ballots Envelope." The judges of election, | ||||||
2 | consisting
in each case of at least one judge of election of | ||||||
3 | each of the two major
political parties, shall examine the | ||||||
4 | paper absentee and early ballots which
were
in the ballot box | ||||||
5 | and properly initialed so as to determine whether the
same | ||||||
6 | contain write-in votes. Write-in votes, not causing an overvote | ||||||
7 | for
an office otherwise voted for on the paper absentee or | ||||||
8 | early ballot, and
otherwise properly voted, shall be counted, | ||||||
9 | tallied and recorded on the
tally sheet provided for such | ||||||
10 | record. A write-in vote causing an
overvote for an office shall | ||||||
11 | not be counted for that office, but the
precinct judges shall | ||||||
12 | mark such paper absentee or early ballot "Objected
To" on
the | ||||||
13 | back thereof and write on its back the manner in which such | ||||||
14 | ballot
is counted and initial the same. An overvote for one | ||||||
15 | office shall
invalidate only the vote or count of that | ||||||
16 | particular office. After
counting, tallying and recording the | ||||||
17 | write-in votes on absentee and early
ballots,
the judges of | ||||||
18 | election, consisting in each case of at least one judge of
| ||||||
19 | election of each of the two major political parties, shall make | ||||||
20 | a true
duplicate ballot of the remaining valid votes on each | ||||||
21 | paper absentee
and early ballot which was in the ballot box and | ||||||
22 | properly initialed, by
using the
electronic voting system used | ||||||
23 | in the precinct and one of the marking
devices of the precinct | ||||||
24 | so as to transfer the remaining valid votes of
the voter on the | ||||||
25 | paper absentee or early ballot to an official ballot or a
| ||||||
26 | ballot
card of that kind used in the precinct at that election. | ||||||
27 | The original
paper absentee ballot shall be clearly labeled | ||||||
28 | "Absentee Ballot" or "Early
Ballot", as the case may be, and | ||||||
29 | the
ballot card so produced "Duplicate Absentee Ballot , " or | ||||||
30 | "Duplicate Early
Ballot", as the case may be, and each shall | ||||||
31 | bear
the same serial number which shall be placed thereon by | ||||||
32 | the judges of
election, commencing with number 1 and continuing | ||||||
33 | consecutively for the
ballots of that kind in that precinct. | ||||||
34 | The judges of election shall
initial the "Duplicate Absentee |
| |||||||
| |||||||
1 | Ballot" and "Duplicate Early Ballot"
ballots or ballot cards, | ||||||
2 | and
shall place them in the box for return of the ballots with | ||||||
3 | all other
ballots or ballot cards to be counted at the central | ||||||
4 | counting location
in lieu of the paper absentee and early
| ||||||
5 | ballots. The paper absentee and
early ballots
shall
be placed | ||||||
6 | in an envelope provided for that purpose labeled "Duplicate
| ||||||
7 | Ballots."
| ||||||
8 | When an electronic voting system is used which utilizes a | ||||||
9 | ballot
card, before separating the remaining ballot cards from | ||||||
10 | their respective
covering envelopes, the judges of election | ||||||
11 | shall examine the ballot card
envelopes for write-in votes. | ||||||
12 | When the voter has voted a write-in vote,
the judges of | ||||||
13 | election shall compare the write-in vote with the votes on
the | ||||||
14 | ballot card to determine whether such write-in results in an
| ||||||
15 | overvote for any office. In case of an overvote for any office, | ||||||
16 | the
judges of election, consisting in each case of at least one | ||||||
17 | judge of
election of each of the two major political parties, | ||||||
18 | shall make a true
duplicate ballot of all votes on such ballot | ||||||
19 | card except for the office
which is overvoted, by using the | ||||||
20 | ballot label booklet of the precinct
and one of the marking | ||||||
21 | devices of the precinct so as to transfer all
votes of the | ||||||
22 | voter except for the office overvoted, to an official
ballot | ||||||
23 | card of that kind used in the precinct at that election. The
| ||||||
24 | original ballot card and envelope upon which there is an | ||||||
25 | overvote shall
be clearly labeled "Overvoted Ballot", and each | ||||||
26 | shall bear the same
serial number which shall be placed thereon | ||||||
27 | by the judges of election,
commencing with number 1 and | ||||||
28 | continuing consecutively for the ballots of
that kind in that | ||||||
29 | precinct. The judges of election shall initial the
"Duplicate | ||||||
30 | Overvoted Ballot" ballot cards and shall place them in the
box | ||||||
31 | for return of the ballots. The "Overvoted Ballot" ballots and | ||||||
32 | their
envelopes shall be placed in the "Duplicate Ballots" | ||||||
33 | envelope. Envelopes
bearing write-in votes marked in the place | ||||||
34 | designated therefor and
bearing the initials of a precinct |
| |||||||
| |||||||
1 | judge of election and not resulting
in an overvote and | ||||||
2 | otherwise complying with the election laws as to
marking shall | ||||||
3 | be counted, tallied, and their votes recorded on a tally
sheet | ||||||
4 | provided by the election official in charge of the election. | ||||||
5 | The
ballot cards and ballot card envelopes shall be separated | ||||||
6 | and all except
any defective or overvoted shall be placed | ||||||
7 | separately in the box for
return of the ballots, along with all | ||||||
8 | "Duplicate Absentee
Ballots , " ,"Duplicate Early Ballots", and
| ||||||
9 | "Duplicate Overvoted Ballots." The judges of election shall | ||||||
10 | examine the
ballots and ballot cards to determine if any is | ||||||
11 | damaged or defective so
that it cannot be counted by the | ||||||
12 | automatic tabulating equipment. If any
ballot or ballot card is | ||||||
13 | damaged or defective so that it cannot properly
be counted by | ||||||
14 | the automatic tabulating equipment, the judges of
election, | ||||||
15 | consisting in each case of at least one judge of election of
| ||||||
16 | each of the two major political parties, shall make a true | ||||||
17 | duplicate
ballot of all votes on such ballot card by using the | ||||||
18 | ballot label
booklet of the precinct and one of the marking | ||||||
19 | devices of the precinct.
The original ballot or ballot card and | ||||||
20 | envelope shall be clearly labeled
"Damaged Ballot" and the | ||||||
21 | ballot or ballot card so produced "Duplicate
Damaged Ballot," | ||||||
22 | and each shall bear the same number which shall be
placed | ||||||
23 | thereon by the judges of election, commencing with number 1 and
| ||||||
24 | continuing consecutively for the ballots of that kind in the | ||||||
25 | precinct.
The judges of election shall initial the "Duplicate | ||||||
26 | Damaged Ballot"
ballot or ballot cards, and shall place them in | ||||||
27 | the box for return of
the ballots. The "Damaged Ballot" ballots | ||||||
28 | or ballot cards and their
envelopes shall be placed in the | ||||||
29 | "Duplicated Ballots" envelope. A slip
indicating the number of | ||||||
30 | voters voting in person, number of absentee
votes deposited in | ||||||
31 | the ballot box, and the total number of voters of the
precinct | ||||||
32 | who voted at the election shall be made out, signed by all
| ||||||
33 | judges of election, and inserted in the box for return of the | ||||||
34 | ballots.
The tally sheets recording the write-in votes shall be |
| |||||||
| |||||||
1 | placed in this
box. The judges of election thereupon | ||||||
2 | immediately shall securely lock the
ballot box or other | ||||||
3 | suitable
box furnished for return of the ballots by the | ||||||
4 | election official in
charge of the election; provided that if | ||||||
5 | such box is not of a type which
may be securely locked, such | ||||||
6 | box shall be sealed with filament tape provided
for such | ||||||
7 | purpose which shall be wrapped around the box lengthwise and | ||||||
8 | crosswise,
at least twice each way. A separate adhesive seal | ||||||
9 | label signed by each of
the judges of election of the precinct | ||||||
10 | shall be affixed to the box so as
to cover any slot therein and | ||||||
11 | to identify the box of the precinct; and
if such box is sealed | ||||||
12 | with filament tape as provided herein rather than
locked, such | ||||||
13 | tape shall be wrapped around the box as provided herein, but
in | ||||||
14 | such manner that the separate adhesive seal label affixed to | ||||||
15 | the box
and signed by the judges may not be removed without | ||||||
16 | breaking the filament
tape and disturbing the signature of the | ||||||
17 | judges. Thereupon, 2 of the
judges of election, of different | ||||||
18 | major political parties, forthwith shall
by the most direct | ||||||
19 | route transport the box for
return of the ballots and enclosed | ||||||
20 | ballots and returns to the central
counting location designated | ||||||
21 | by the election official in charge of the
election. If, | ||||||
22 | however, because of the lack of adequate parking
facilities at | ||||||
23 | the central counting location or for any other reason, it
is | ||||||
24 | impossible or impracticable for the boxes from all the polling | ||||||
25 | places
to be delivered directly to the central counting | ||||||
26 | location, the election
official in charge of the election may | ||||||
27 | designate some other location to
which the boxes shall be | ||||||
28 | delivered by the 2 precinct judges. While at
such other | ||||||
29 | location the boxes shall be in the care and custody of one or
| ||||||
30 | more teams, each consisting of 4 persons, 2 from each of the | ||||||
31 | two major
political parties, designated for such purpose by the | ||||||
32 | election official
in charge of elections from recommendations | ||||||
33 | by the appropriate political
party organizations. As soon as | ||||||
34 | possible, the boxes shall be transported
from such other |
| |||||||
| |||||||
1 | location to the central counting location by one or more
teams, | ||||||
2 | each consisting of 4 persons, 2 from each of the 2 major
| ||||||
3 | political parties, designated for such purpose by the election | ||||||
4 | official
in charge of elections from recommendations by the | ||||||
5 | appropriate political
party organizations.
| ||||||
6 | The "Defective Ballots" envelope, and "Duplicated Ballots" | ||||||
7 | envelope
each shall be securely sealed and the flap or end | ||||||
8 | thereof of each signed
by the precinct judges of election and | ||||||
9 | returned to the central counting
location with the box for | ||||||
10 | return of the ballots, enclosed ballots and
returns.
| ||||||
11 | At the central counting location, a team of tally judges | ||||||
12 | designated
by the election official in charge of the election | ||||||
13 | shall check the box
returned containing the ballots to | ||||||
14 | determine that all seals are intact,
and thereupon shall open | ||||||
15 | the box, check the voters' slip and compare the
number of | ||||||
16 | ballots so delivered against the total number of voters of the
| ||||||
17 | precinct who voted, remove the ballots or ballot cards and | ||||||
18 | deliver them
to the technicians operating the automatic | ||||||
19 | tabulating equipment. Any
discrepancies between the number of | ||||||
20 | ballots and total number of voters
shall be noted on a sheet | ||||||
21 | furnished for that purpose and signed by the
tally judges; or
| ||||||
22 | (c) A single ballot box, for the deposit of all votes cast, | ||||||
23 | shall be used.
Immediately after the closing of the polls the | ||||||
24 | judges of election
shall examine the absentee and early ballots | ||||||
25 | received by the precinct
judges of election
from the election | ||||||
26 | authority of voters in that precinct to determine that
they | ||||||
27 | comply with the provisions of Sections 19-9, 19A-55, 20-8 , and
| ||||||
28 | 20-9 of the Election
Code, as amended, and are entitled to be | ||||||
29 | deposited in the ballot box; those
entitled to be deposited in | ||||||
30 | the ballot box shall be initialed by the precinct
judges and | ||||||
31 | deposited in the ballot box. Those not entitled to be deposited
| ||||||
32 | in the ballot box, in accordance with Sections 19-9, 19A-55,
| ||||||
33 | 20-8 , and
20-9 of the
Election Code, as amended, shall be | ||||||
34 | marked "Rejected" and preserved in the
manner provided in The |
| |||||||
| |||||||
1 | Election Code for the retention and preservation
of official | ||||||
2 | ballots rejected at such election. Immediately upon the | ||||||
3 | completion
of the absentee and early balloting, the precinct | ||||||
4 | judges of election shall
securely
lock the ballot box; provided | ||||||
5 | that if such box is not of a
type which may be securely locked, | ||||||
6 | such box shall be sealed with filament
tape provided for such | ||||||
7 | purpose which shall be wrapped around the box lengthwise
and | ||||||
8 | crosswise, at least twice each way.
A separate adhesive seal | ||||||
9 | label signed by each of the judges of election
of the precinct | ||||||
10 | shall be affixed to the box so as to cover any slot therein
and | ||||||
11 | to identify the box of the precinct; and if such box is sealed | ||||||
12 | with
filament tape as provided herein rather than locked, such | ||||||
13 | tape shall be
wrapped around the box as provided herein, but in | ||||||
14 | such manner that the separate
adhesive seal label affixed to | ||||||
15 | the box and signed by the judges may not
be removed without | ||||||
16 | breaking the filament tape and disturbing the signature
of the | ||||||
17 | judges. Thereupon, 2 of the judges
of election, of different
| ||||||
18 | major political parties, shall forthwith by the most direct | ||||||
19 | route transport
the box for return of the ballots and enclosed | ||||||
20 | absentee and early ballots
and returns
to the central counting | ||||||
21 | location designated by the election official
in charge of the | ||||||
22 | election. If however, because of the lack of adequate
parking | ||||||
23 | facilities at the central counting location or for some other | ||||||
24 | reason,
it is impossible or impracticable for the boxes from | ||||||
25 | all the polling places
to be delivered directly to the central | ||||||
26 | counting location, the election
official in charge of the | ||||||
27 | election may designate some other location to
which the boxes | ||||||
28 | shall be delivered by the 2 precinct judges. While at
such | ||||||
29 | other location the boxes shall be in the care and custody of | ||||||
30 | one or
more teams, each consisting of 4 persons, 2 from each of | ||||||
31 | the two major
political
parties, designated for such purpose by | ||||||
32 | the election official in charge
of elections from | ||||||
33 | recommendations by the appropriate political party
| ||||||
34 | organizations.
As soon as possible, the boxes shall be |
| |||||||
| |||||||
1 | transported from such other location
to the central counting | ||||||
2 | location by one or more teams, each consisting of
4 persons, 2 | ||||||
3 | from each of the 2 major political parties, designated for
such | ||||||
4 | purpose by the election official in charge of the election from
| ||||||
5 | recommendations
by the appropriate political party | ||||||
6 | organizations.
| ||||||
7 | At the central counting location there shall be one or more | ||||||
8 | teams of tally
judges who possess the same qualifications as | ||||||
9 | tally judges in election
jurisdictions
using paper ballots. The | ||||||
10 | number of such teams shall be determined by the
election | ||||||
11 | authority. Each team shall consist of 5 tally judges, 3 | ||||||
12 | selected
and approved by the county board from a certified list | ||||||
13 | furnished by the
chairman of the county central committee of | ||||||
14 | the party with the majority
of members on the county board and | ||||||
15 | 2 selected and approved by the county
board from a certified | ||||||
16 | list furnished by the chairman of the county central
committee | ||||||
17 | of the party with the second largest number of members
on the | ||||||
18 | county board. At the central counting location a team of tally | ||||||
19 | judges
shall open the ballot box and canvass the votes polled | ||||||
20 | to determine that
the number of ballot sheets
therein agree | ||||||
21 | with the number of voters voting as shown by the applications
| ||||||
22 | for ballot and for absentee and early
ballot; and, if the same | ||||||
23 | do not agree, the tally judges shall make such
ballots agree | ||||||
24 | with the number of applications for ballot in the manner | ||||||
25 | provided
by Section 17-18 of the Election Code. The tally | ||||||
26 | judges shall then examine
all ballot sheets which are in the | ||||||
27 | ballot box to determine whether they
bear the initials of the | ||||||
28 | precinct judge of election. If any ballot is not
initialed, it | ||||||
29 | shall be marked on the back "Defective", initialed as to such
| ||||||
30 | label by all tally judges immediately under such word | ||||||
31 | "Defective", and not
counted, but placed in the envelope | ||||||
32 | provided for that purpose labeled
"Defective
Ballots | ||||||
33 | Envelope". Write-in votes, not causing an overvote for an
| ||||||
34 | office otherwise voted for on the absentee and early ballot |
| |||||||
| |||||||
1 | sheet, and
otherwise properly
voted, shall be counted, tallied | ||||||
2 | and recorded by the central counting location
judges on the | ||||||
3 | tally sheet provided for such record. A write-in vote causing
| ||||||
4 | an overvote for an office shall not be counted for that office, | ||||||
5 | but the
tally judges shall mark such absentee ballot sheet | ||||||
6 | "Objected
To" on the back thereof and write on its back the | ||||||
7 | manner in which such ballot
is counted and initial the same. An | ||||||
8 | overvote for one office shall invalidate
only the vote or count | ||||||
9 | of that particular office.
| ||||||
10 | At the central counting location, a team of tally judges | ||||||
11 | designated
by the election official in charge of the election | ||||||
12 | shall deliver the ballot
sheets to the technicians operating | ||||||
13 | the automatic tabulating equipment.
Any discrepancies between | ||||||
14 | the number of ballots and total number of voters
shall be noted | ||||||
15 | on a sheet furnished for that purpose and signed by the tally
| ||||||
16 | judges.
| ||||||
17 | (2) Regardless of which procedure described in subsection | ||||||
18 | (1) of this
Section is used,
the judges of election designated | ||||||
19 | to transport the ballots, properly signed
and sealed as | ||||||
20 | provided herein, shall ensure that the ballots are delivered
to | ||||||
21 | the central counting station no later than 12 hours after the | ||||||
22 | polls close.
At the central counting station a team of tally | ||||||
23 | judges designated by the
election official in charge of the | ||||||
24 | election shall examine the ballots so
transported and shall not | ||||||
25 | accept ballots for tabulating which are not signed
and sealed | ||||||
26 | as provided in subsection (1) of this Section until the
judges | ||||||
27 | transporting the
same make and sign the necessary corrections. | ||||||
28 | Upon acceptance of the ballots
by a team of tally judges at the | ||||||
29 | central counting station, the election
judges transporting the | ||||||
30 | same shall take a receipt signed by the election
official in | ||||||
31 | charge of the election and stamped with the date and time of
| ||||||
32 | acceptance. The election judges whose duty it is to transport | ||||||
33 | any ballots
shall, in the event
such ballots cannot be found | ||||||
34 | when needed, on proper request, produce the
receipt which they |
| |||||||
| |||||||
1 | are to take as above provided.
| ||||||
2 | (Source: P.A. 83-1362.)
| ||||||
3 | (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
| ||||||
4 | Sec. 24A-10.1. In an election jurisdiction where | ||||||
5 | in-precinct counting
equipment is utilized, the following | ||||||
6 | procedures for counting and
tallying the ballots shall apply:
| ||||||
7 | Immediately after the closing of the polls, the absentee | ||||||
8 | and early ballots delivered
to the precinct judges of election | ||||||
9 | by the election authority shall be examined
to determine that | ||||||
10 | such ballots comply with
Sections 19-9 and 20-9 of this Act and | ||||||
11 | are entitled to be deposited in the
ballot box; those entitled | ||||||
12 | to be deposited in the ballot box shall be initialed
by the | ||||||
13 | precinct judges of election and deposited
in the ballot box. | ||||||
14 | Those not entitled to be deposited in the ballot box
shall be | ||||||
15 | marked "Rejected" and disposed of as provided in said Sections | ||||||
16 | 19-9 , 19A-55,
and 20-9.
| ||||||
17 | The precinct judges of election shall open the ballot box | ||||||
18 | and count the
number of ballots therein
to determine if such | ||||||
19 | number agrees with the number of voters voting as shown
by the | ||||||
20 | applications for ballot or, if the same do not agree, the | ||||||
21 | judges
of election shall make such ballots agree with the | ||||||
22 | applications for ballot
in the manner provided by Section 17-18 | ||||||
23 | of this Act.
The judges of election shall then examine all | ||||||
24 | ballot cards and ballot card
envelopes which are in the ballot | ||||||
25 | box to determine whether the ballot cards
and ballot card | ||||||
26 | envelopes contain the initials of a precinct judge of
election. | ||||||
27 | If any ballot card or ballot card envelope is not initialed, it
| ||||||
28 | shall be marked on the back "Defective", initialed as to such | ||||||
29 | label by all
judges immediately under the word "Defective" and | ||||||
30 | not counted. The judges of
election shall place an initialed | ||||||
31 | blank official ballot card in the place of
the defective ballot | ||||||
32 | card, so that the count of the ballot cards to be counted
on | ||||||
33 | the automatic tabulating equipment will be the same, and each |
| |||||||
| |||||||
1 | "Defective
Ballot" card and "Replacement" card shall contain | ||||||
2 | the same serial number
which shall be placed thereon by the | ||||||
3 | judges of election, commencing with
number 1 and continuing | ||||||
4 | consecutively for the ballots of that kind in that
precinct. | ||||||
5 | The original "Defective" card shall be placed in the "Defective
| ||||||
6 | Ballot Envelope" provided for that purpose.
| ||||||
7 | When an electronic voting system is used which utilizes a | ||||||
8 | ballot card,
before separating the remaining ballot cards from | ||||||
9 | their respective covering
envelopes, the judges of election | ||||||
10 | shall examine the ballot card envelopes
for write-in votes. | ||||||
11 | When the voter has cast a write-in vote, the judges
of election | ||||||
12 | shall compare the write-in vote with the votes on the ballot
| ||||||
13 | card to determine whether such write-in results in an overvote | ||||||
14 | for any office.
In case of an overvote for any office, the | ||||||
15 | judges of election, consisting
in each case of at least
one | ||||||
16 | judge of election of each of the 2 major political parties, | ||||||
17 | shall make
a true duplicate ballot of all votes on such ballot | ||||||
18 | card except for the
office which is overvoted, by using the | ||||||
19 | ballot label booklet of the precinct
and one of the marking | ||||||
20 | devices of the precinct so as to transfer all votes
of the | ||||||
21 | voter, except for the office overvoted, to a duplicate card. | ||||||
22 | The
original ballot card and envelope upon which there is an | ||||||
23 | overvote shall
be clearly labeled
"Overvoted Ballot", and each | ||||||
24 | such "Overvoted Ballot" as well as its
"Replacement" shall | ||||||
25 | contain the same serial number which shall be placed thereon by | ||||||
26 | the
judges of election, commencing with number 1 and continuing | ||||||
27 | consecutively
for the ballots of that kind in that precinct.
| ||||||
28 | The "Overvoted Ballot" card and ballot envelope shall be placed | ||||||
29 | in an envelope
provided for that purpose labeled "Duplicate | ||||||
30 | Ballot" envelope, and the judges
of election shall initial the | ||||||
31 | "Replacement" ballot
cards and shall place them with the other | ||||||
32 | ballot cards to be counted on
the automatic tabulating
| ||||||
33 | equipment. Envelopes containing write-in votes marked in the | ||||||
34 | place designated
therefor and containing the initials of a |
| |||||||
| |||||||
1 | precinct judge of election and
not resulting in an overvote and | ||||||
2 | otherwise complying with the election laws
as to marking shall | ||||||
3 | be counted and tallied and their votes recorded on a
tally | ||||||
4 | sheet provided by the election authority.
| ||||||
5 | The ballot cards and ballot card envelopes shall be | ||||||
6 | separated in preparation
for counting by the automatic | ||||||
7 | tabulating equipment provided for that
purpose by the election | ||||||
8 | authority.
| ||||||
9 | Before the ballots are entered into the automatic | ||||||
10 | tabulating
equipment, a precinct identification card provided | ||||||
11 | by the election authority
shall be entered into the device to | ||||||
12 | ensure that the totals are all zeroes
in the count column on | ||||||
13 | the printing unit. A precinct judge of election
shall then | ||||||
14 | count the ballots
by entering each ballot card into the | ||||||
15 | automatic tabulating
equipment, and if any ballot or ballot | ||||||
16 | card is damaged or defective so that
it cannot properly be | ||||||
17 | counted by the automatic tabulating equipment, the
judges of | ||||||
18 | election, consisting in each case of at least one judge of | ||||||
19 | election
of each of the
2 major political parties, shall make a | ||||||
20 | true duplicate ballot of all votes
on such ballot card by using | ||||||
21 | the ballot label booklet of the precinct and
one of the marking | ||||||
22 | devices of the precinct. The original ballot or ballot
card and | ||||||
23 | envelope shall be clearly labeled "Damaged Ballot" and the | ||||||
24 | ballot
or ballot card so produced shall be clearly labeled | ||||||
25 | "Duplicate Damaged Ballot",
and each shall contain the same | ||||||
26 | serial number which shall be placed
thereon by the judges of | ||||||
27 | election, commencing with number 1 and continuing
| ||||||
28 | consecutively for the ballots of
that kind in the precinct. The | ||||||
29 | judges of election shall initial the "Duplicate
Damaged Ballot" | ||||||
30 | ballot or ballot cards and shall enter the
duplicate damaged | ||||||
31 | cards into the automatic tabulating equipment. The "Damaged
| ||||||
32 | Ballot" cards
shall be placed in the "Duplicated Ballots" | ||||||
33 | envelope; after all ballot cards
have been successfully read, | ||||||
34 | the judges of election shall check to make certain that
the |
| |||||||
| |||||||
1 | last number printed by the printing unit is the same as the | ||||||
2 | number of
voters making application for ballot in that | ||||||
3 | precinct.
The number shall be listed on the "Statement of | ||||||
4 | Ballots" form provided by
the election authority.
| ||||||
5 | The totals for all candidates and propositions shall be | ||||||
6 | tabulated; 4 sets
shall be attached to the 4 sets of | ||||||
7 | "Certificate of Results" provided by
the election authority; | ||||||
8 | one set shall be posted in a conspicuous place inside
the | ||||||
9 | polling place; and every effort shall be made by the judges of | ||||||
10 | election
to provide a set for each authorized pollwatcher or | ||||||
11 | other official authorized
to be present in the polling place to | ||||||
12 | observe the counting of ballots; but
in no case shall the | ||||||
13 | number of sets to be made available to pollwatchers
be fewer | ||||||
14 | than 4, chosen by lot by the judges of election. In addition,
| ||||||
15 | sufficient
time shall be provided by the judges of election to | ||||||
16 | the pollwatchers to
allow them to copy information from the set | ||||||
17 | which has been posted.
| ||||||
18 | The judges of election shall count all unused ballot cards | ||||||
19 | and enter the
number on the "Statement of Ballots". All | ||||||
20 | "Spoiled", "Defective" and
"Duplicated" ballot cards shall be | ||||||
21 | counted and the number entered on the
"Statement of Ballots".
| ||||||
22 | The precinct judges of election shall select a bi-partisan | ||||||
23 | team of 2 judges,
who shall immediately return the ballots in a | ||||||
24 | sealed container, along with
all other election materials as | ||||||
25 | instructed by the election authority;
provided, however, that | ||||||
26 | such container must first be sealed by the election
judges with | ||||||
27 | filament tape provided for such purpose which shall be wrapped
| ||||||
28 | around the container lengthwise and crosswise, at least twice | ||||||
29 | each way, in
such manner that the ballots cannot be removed | ||||||
30 | from such container without
breaking the seal and filament tape | ||||||
31 | and disturbing any signatures affixed
by the election judges to | ||||||
32 | the container. The election authority shall keep
the office of | ||||||
33 | the election authority, or any receiving stations designated
by | ||||||
34 | such authority, open for at least 12 consecutive hours after |
| |||||||
| |||||||
1 | the polls
close or until the ballots from all precincts with | ||||||
2 | in-precinct counting
equipment within the jurisdiction of the | ||||||
3 | election authority have been
returned to the election | ||||||
4 | authority. Ballots returned to the office of the
election | ||||||
5 | authority which are not signed and sealed as required by law | ||||||
6 | shall
not be accepted by the election authority until the | ||||||
7 | judges returning the
same make and sign the necessary | ||||||
8 | corrections. Upon acceptance of the ballots
by the election | ||||||
9 | authority, the judges returning the same shall take a
receipt | ||||||
10 | signed by the election authority and stamped with the time and | ||||||
11 | date
of such return. The election judges whose duty it is to | ||||||
12 | return any ballots
as herein provided shall, in the event such | ||||||
13 | ballots cannot be found when
needed, on proper request, produce | ||||||
14 | the receipt which they are to take as above provided.
| ||||||
15 | (Source: P.A. 83-1362.)
| ||||||
16 | (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
| ||||||
17 | Sec. 24A-15.1. Except as herein provided, discovery | ||||||
18 | recounts and election
contests shall be conducted as otherwise | ||||||
19 | provided for in "The Election Code",
as amended. The automatic | ||||||
20 | tabulating equipment shall be tested prior to the
discovery | ||||||
21 | recount or election contest as provided in Section 24A-9, and
| ||||||
22 | then the official ballots or ballot cards shall be recounted on | ||||||
23 | the
automatic tabulating equipment. In addition, (1) the ballot | ||||||
24 | or ballot cards
shall be checked for the presence or absence of | ||||||
25 | judges' initials and other
distinguishing marks, and (2) the | ||||||
26 | ballots marked "Rejected", "Defective",
Objected to", and
| ||||||
27 | "Absentee Ballot" , and "Early Ballot" shall be
examined
to | ||||||
28 | determine the
propriety of the such labels, and (3) the | ||||||
29 | "Duplicate Absentee Ballots",
"Duplicate Early Ballots",
| ||||||
30 | "Duplicate Overvoted Ballots" and "Duplicate
Damaged Ballots" | ||||||
31 | shall be
compared with their respective originals to determine | ||||||
32 | the correctness of
the duplicates.
| ||||||
33 | Any person who has filed a petition for discovery recount |
| |||||||
| |||||||
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 such a redundant count
shall be borne | ||||||
4 | by the 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. 82-1014.)
| ||||||
10 | (10 ILCS 5/24A-22)
| ||||||
11 | Sec. 24A-22. Definition of a vote.
| ||||||
12 | (a) Notwithstanding any law to the contrary, for the | ||||||
13 | purpose of this
Article, a person casts a valid vote on a punch | ||||||
14 | card ballot when:
| ||||||
15 | (1) A chad on the card has at least one corner detached | ||||||
16 | from the card;
| ||||||
17 | (2) The fibers of paper on at least one edge of the | ||||||
18 | chad are broken in a
way that permits unimpeded light to be | ||||||
19 | seen through the card; or
| ||||||
20 | (3) An indentation on the chad from the stylus or other | ||||||
21 | object is present
and indicates a clearly ascertainable | ||||||
22 | intent of the voter to vote based on the
totality of the | ||||||
23 | circumstances, including but not limited to any pattern or
| ||||||
24 | frequency of indentations on other ballot positions from | ||||||
25 | the same ballot
card.
| ||||||
26 | (b) Write-in votes shall be counted in a manner consistent | ||||||
27 | with the existing
provisions of this Code.
| ||||||
28 | (c) For purposes of this Section, a "chad" is that portion | ||||||
29 | of a ballot card
that a voter punches or perforates with a | ||||||
30 | stylus or other designated marking
device to manifest his or | ||||||
31 | her vote for a particular ballot position on a ballot
card as | ||||||
32 | defined in subsection (a). Chads shall be removed from ballot | ||||||
33 | cards
prior to their processing and tabulation in election |
| |||||||
| |||||||
1 | jurisdictions that
utilize a ballot card as a means of | ||||||
2 | recording votes at an election. Election
jurisdictions that | ||||||
3 | utilize a mechanical means or device for chad removal as a
| ||||||
4 | component of their tabulation shall use that means or device | ||||||
5 | for chad
removal.
| ||||||
6 | (d) Prior to the original counting of any punch card | ||||||
7 | ballots, an election judge may not alter a punch card ballot in | ||||||
8 | any manner, including, but not limited to, the removal or | ||||||
9 | manipulation of chads.
| ||||||
10 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
11 | (10 ILCS 5/24B-10)
| ||||||
12 | Sec. 24B-10. Receiving, Counting, Tallying and Return of
| ||||||
13 | Ballots; Acceptance of Ballots by Election Authority.
| ||||||
14 | (a) In an election jurisdiction which has adopted an | ||||||
15 | electronic Precinct
Tabulation Optical Scan Technology voting | ||||||
16 | system, the election
official in charge of the election shall | ||||||
17 | select one of the 3
following procedures for receiving, | ||||||
18 | counting, tallying, and
return of the ballots:
| ||||||
19 | (1) Two ballot boxes shall be provided for each polling
| ||||||
20 | place. The first ballot box is for the depositing of votes | ||||||
21 | cast
on the electronic voting system; and the second ballot | ||||||
22 | box is for
all votes cast on other ballots, including | ||||||
23 | absentee paper and early paper ballots
and any other paper | ||||||
24 | ballots required to be voted other than on
the Precinct | ||||||
25 | Tabulation Optical Scan Technology electronic voting
| ||||||
26 | system. Ballots, except absentee and early ballots for | ||||||
27 | candidates and
propositions which are listed on the | ||||||
28 | Precinct Tabulation Optical
Scan Technology electronic | ||||||
29 | voting system, deposited in the second
ballot box shall be | ||||||
30 | counted, tallied, and returned as is
elsewhere provided in | ||||||
31 | this Code for the
counting and handling of paper ballots. | ||||||
32 | Immediately after the
closing of the polls the absentee and | ||||||
33 | early ballots delivered to the
precinct judges of election |
| |||||||
| |||||||
1 | by the election official in charge of
the election shall be | ||||||
2 | examined to determine that the ballots
comply with Sections | ||||||
3 | 19-9 , 19A-55, and 20-9 of this Code and are entitled to be | ||||||
4 | inserted
into the counting
equipment and deposited into the | ||||||
5 | ballot box provided;
those entitled to be deposited in this | ||||||
6 | ballot box shall be
initialed by the precinct judges of | ||||||
7 | election and deposited.
Those not entitled to be deposited | ||||||
8 | in this ballot box
shall be marked "Rejected" and disposed | ||||||
9 | of as provided in
Sections 19-9 , 19A-55, and 20-9. The | ||||||
10 | precinct judges of election shall
then open the second | ||||||
11 | ballot box and examine all paper absentee and early
ballots | ||||||
12 | which are in the ballot box to determine whether the
| ||||||
13 | absentee or early ballots bear the initials of a precinct | ||||||
14 | judge of
election. If any absentee or early ballot is not | ||||||
15 | so initialed, it shall
be marked on the back "Defective", | ||||||
16 | initialed as to the label by
all judges immediately under | ||||||
17 | the word "Defective", and not
counted, but placed in the | ||||||
18 | envelope provided for that purpose
labeled "Defective | ||||||
19 | Ballots Envelope". The judges of election,
consisting in | ||||||
20 | each case of at least one judge of election of each
of the | ||||||
21 | 2 major political parties, shall examine the paper
absentee | ||||||
22 | and early ballots which were in such ballot box and | ||||||
23 | properly
initialed to determine whether the same contain | ||||||
24 | write-in
votes. Write-in votes, not causing an overvote for | ||||||
25 | an office
otherwise voted for on the paper absentee or | ||||||
26 | early ballot, and otherwise
properly voted, shall be | ||||||
27 | counted, tallied and recorded on the
tally sheet provided | ||||||
28 | for the record. A write-in vote causing an
overvote for an | ||||||
29 | office shall not be counted for that office, but
the | ||||||
30 | precinct judges shall mark such paper absentee or early
| ||||||
31 | ballot
"Objected To" on the back and write on its back the
| ||||||
32 | manner in which the ballot is counted and initial the same. | ||||||
33 | An
overvote for one office shall invalidate only the vote | ||||||
34 | or count
of that particular office. After counting, |
| |||||||
| |||||||
1 | tallying and
recording the write-in votes on absentee and | ||||||
2 | early ballots, the judges of
election, consisting in each | ||||||
3 | case of at least one judge of
election of each of the 2 | ||||||
4 | major political parties, shall make a
true duplicate ballot | ||||||
5 | of the remaining valid votes on each paper
absentee and | ||||||
6 | early ballot which was in the ballot box and properly
| ||||||
7 | initialed, by using the electronic Precinct Tabulation | ||||||
8 | Optical
Scan Technology voting system used in the precinct | ||||||
9 | and one of the
marking devices, or equivalent marking | ||||||
10 | device or equivalent ballot, of the
precinct to transfer | ||||||
11 | the remaining
valid votes of the voter on the paper | ||||||
12 | absentee or early ballot to an
official ballot or a ballot | ||||||
13 | card of that kind used in the
precinct at that election. | ||||||
14 | The original paper absentee ballot
shall be clearly labeled | ||||||
15 | "Absentee Ballot" or "Early Ballot", as the case may be,
| ||||||
16 | and the ballot card so
produced "Duplicate Absentee Ballot" | ||||||
17 | or "Duplicate Early Ballot", as the case may be , and each | ||||||
18 | shall bear the
same serial number which shall be placed | ||||||
19 | thereon by the judges of
election, beginning with number 1 | ||||||
20 | and continuing consecutively
for the ballots of that kind | ||||||
21 | in that precinct. The judges of
election shall initial the | ||||||
22 | "Duplicate Absentee Ballot" and "Duplicate Early Ballot"
| ||||||
23 | ballots
and shall place them in the first ballot box | ||||||
24 | provided for return
of the ballots to be counted at the | ||||||
25 | central counting location in
lieu of the paper absentee and | ||||||
26 | early ballots. The paper absentee and early ballots
shall | ||||||
27 | be placed in an envelope provided for that purpose labeled
| ||||||
28 | "Duplicate Ballots".
| ||||||
29 | As soon as the absentee and early ballots have been | ||||||
30 | deposited in the
first ballot box, the judges of election | ||||||
31 | shall make out a slip
indicating the number of persons who | ||||||
32 | voted in the precinct at the
election. The slip shall be | ||||||
33 | signed by all the judges of
election and shall be inserted | ||||||
34 | by them in the first ballot box.
The judges of election |
| |||||||
| |||||||
1 | shall thereupon immediately lock the first
ballot box; | ||||||
2 | provided, that if the box is not of a type which may
be | ||||||
3 | securely locked, the box shall be sealed with filament tape
| ||||||
4 | provided for the purpose that shall be wrapped around the | ||||||
5 | box
lengthwise and crosswise, at least twice each way, and | ||||||
6 | in a
manner that the seal completely covers the slot in the | ||||||
7 | ballot
box, and each of the judges shall sign the seal. Two
| ||||||
8 | of the judges of election, of different political parties, | ||||||
9 | shall
by the most direct route transport both ballot
boxes | ||||||
10 | to the counting location designated by the county clerk or
| ||||||
11 | board of election commissioners.
| ||||||
12 | Before the ballots of a precinct are fed to the | ||||||
13 | electronic
Precinct Tabulation Optical Scan Technology | ||||||
14 | tabulating equipment,
the first ballot box shall be opened | ||||||
15 | at the central counting
station by the 2 precinct transport | ||||||
16 | judges. Upon opening a
ballot box, the team shall first | ||||||
17 | count the number of ballots in
the box. If 2 or more are | ||||||
18 | folded together to appear to
have been cast by the same | ||||||
19 | person, all of the ballots folded
together shall be marked | ||||||
20 | and returned with the other ballots in
the same condition, | ||||||
21 | as near as may be, in which they were found
when first | ||||||
22 | opened, but shall not be counted. If the remaining
ballots | ||||||
23 | are found to exceed the number of persons voting in the
| ||||||
24 | precinct as shown by the slip signed by the judges of | ||||||
25 | election,
the ballots shall be replaced in the box, and the | ||||||
26 | box closed and
well shaken and again opened and one of the | ||||||
27 | precinct transport
judges shall publicly draw out so many | ||||||
28 | ballots unopened as are
equal to the excess.
| ||||||
29 | The excess ballots shall be marked "Excess-Not | ||||||
30 | Counted" and
signed by the 2 precinct transport judges and | ||||||
31 | shall be placed
in the "After 7:00 p.m. Defective Ballots | ||||||
32 | Envelope". The number
of excess ballots shall be noted in | ||||||
33 | the remarks section of the
Certificate of Results. "Excess" | ||||||
34 | ballots shall not be counted in
the total of "defective" |
| |||||||
| |||||||
1 | ballots.
| ||||||
2 | The precinct transport judges shall then examine the
| ||||||
3 | remaining ballots for write-in votes and shall count and | ||||||
4 | tabulate
the write-in vote.
| ||||||
5 | (2) A single ballot box, for the deposit of all votes | ||||||
6 | cast,
shall be used. All ballots which are not to be | ||||||
7 | tabulated on the
electronic voting system shall be counted, | ||||||
8 | tallied, and returned
as elsewhere provided in this Code | ||||||
9 | for the
counting and handling of paper ballots.
| ||||||
10 | All ballots to be processed and tabulated with the | ||||||
11 | electronic
Precinct Tabulation Optical Scan Technology | ||||||
12 | voting system shall
be processed as follows:
| ||||||
13 | Immediately after the closing of the polls the absentee | ||||||
14 | and early
ballots delivered to the precinct judges of | ||||||
15 | election by the
election official in charge of the election | ||||||
16 | shall be examined to
determine that such ballots comply | ||||||
17 | with Sections 19-9 , 19A-55, and 20-9 of
this Code and are | ||||||
18 | entitled to be deposited
in the ballot box; those entitled | ||||||
19 | to be deposited in the ballot
box shall be initialed by the | ||||||
20 | precinct judges of election and
deposited in the ballot | ||||||
21 | box. Those not entitled to be deposited
in the ballot box | ||||||
22 | shall be marked "Rejected" and disposed of as
provided in | ||||||
23 | Sections 19-9 , 19A-55, and 20-9. The precinct judges of
| ||||||
24 | election then shall open the ballot box and canvass the | ||||||
25 | votes
polled to determine that the number of ballots agree | ||||||
26 | with
the number of voters voting as shown by the | ||||||
27 | applications for
ballot, or if the same do not agree the | ||||||
28 | judges of election shall
make such ballots agree with the | ||||||
29 | applications for ballot in the
manner provided by Section | ||||||
30 | 17-18 of this Code. The
judges of election shall then | ||||||
31 | examine all paper absentee and early ballots and ballot
| ||||||
32 | envelopes which are in the ballot
box to determine whether | ||||||
33 | the ballots and ballot envelopes bear the initials of
a | ||||||
34 | precinct judge of election. If any ballot or ballot
|
| |||||||
| |||||||
1 | envelope is not initialed, it shall be marked on the back
| ||||||
2 | "Defective", initialed as to the label by all judges | ||||||
3 | immediately
under the word "Defective", and not counted, | ||||||
4 | but placed in the
envelope provided for that purpose | ||||||
5 | labeled "Defective Ballots
Envelope". The judges of | ||||||
6 | election, consisting in each case of at
least one judge of | ||||||
7 | election of each of the 2 major political
parties, shall | ||||||
8 | examine the paper absentee and early ballots which were in
| ||||||
9 | the ballot box and properly initialed to determine whether
| ||||||
10 | the same contain write-in votes. Write-in votes, not | ||||||
11 | causing an
overvote for an office otherwise voted for on | ||||||
12 | the paper absentee or early
ballot, and otherwise properly | ||||||
13 | voted, shall be counted, tallied
and recorded on the tally | ||||||
14 | sheet provided for the record. A
write-in vote causing an | ||||||
15 | overvote for an office shall not be
counted for that | ||||||
16 | office, but the precinct judges shall mark the
paper | ||||||
17 | absentee or early ballot "Objected To" on the back and | ||||||
18 | write
on its back the manner the ballot is counted and
| ||||||
19 | initial the same. An overvote for one office shall | ||||||
20 | invalidate
only the vote or count of that particular | ||||||
21 | office. After
counting, tallying and recording the | ||||||
22 | write-in votes on absentee and early
ballots, the judges of | ||||||
23 | election, consisting in each case of at
least one judge of | ||||||
24 | election of each of the 2 major political
parties, shall | ||||||
25 | make a true duplicate ballot of the remaining
valid votes | ||||||
26 | on each paper absentee and early ballot which was in the | ||||||
27 | ballot
box and properly initialed, by using the electronic | ||||||
28 | voting system
used in the precinct and one of the marking | ||||||
29 | devices of the
precinct to transfer the remaining valid | ||||||
30 | votes of the voter
on the paper absentee or early ballot to | ||||||
31 | an official ballot of that kind used in the
precinct at | ||||||
32 | that election. The
original paper absentee or early ballot | ||||||
33 | shall be clearly labeled "Absentee
Ballot" or "Early | ||||||
34 | Ballot", as the case may be, and the ballot so produced |
| |||||||
| |||||||
1 | "Duplicate Absentee
Ballot" or "Duplicate Early Ballot", as | ||||||
2 | the case may be , and each shall bear the same serial number | ||||||
3 | which shall
be placed thereon by the judges of election, | ||||||
4 | commencing with
number 1 and continuing consecutively for | ||||||
5 | the ballots of that
kind in that precinct. The judges of | ||||||
6 | election shall initial the
"Duplicate Absentee Ballot" and | ||||||
7 | "Duplicate Early Ballot" ballots and shall
place them in | ||||||
8 | the box for return of the ballots with all other
ballots to | ||||||
9 | be counted at the central counting
location in lieu of the | ||||||
10 | paper absentee and early ballots. The paper
absentee | ||||||
11 | ballots shall be placed in an envelope provided for that
| ||||||
12 | purpose labeled "Duplicate Ballots".
| ||||||
13 | In case of an overvote for any office, the judges of
| ||||||
14 | election, consisting in each case of at least one judge of
| ||||||
15 | election of each of the 2 major political parties, shall | ||||||
16 | make a
true duplicate ballot of all votes on the ballot | ||||||
17 | except for
the office which is overvoted, by using the | ||||||
18 | ballot of the
precinct and one of the marking devices, or | ||||||
19 | equivalent ballot, of the
precinct to
transfer all votes of | ||||||
20 | the voter except for the office overvoted,
to an official | ||||||
21 | ballot of that kind used in the precinct at
that election. | ||||||
22 | The original ballot upon which there is an
overvote shall | ||||||
23 | be clearly labeled "Overvoted Ballot", and each
shall bear | ||||||
24 | the same serial number which shall be placed thereon
by the | ||||||
25 | judges of election, beginning with number 1 and
continuing | ||||||
26 | consecutively for the ballots of that kind in that
| ||||||
27 | precinct. The judges of election shall initial the | ||||||
28 | "Duplicate
Overvoted Ballot" ballots and shall place them | ||||||
29 | in the box for
return of the ballots. The "Overvoted | ||||||
30 | Ballot" ballots shall be
placed in the "Duplicate Ballots" | ||||||
31 | envelope. The ballots except
any defective or overvoted | ||||||
32 | ballot shall be placed separately in
the box for return of | ||||||
33 | the ballots, along with all "Duplicate
Absentee Ballots" , | ||||||
34 | "Duplicate Early Ballots" , and "Duplicate Overvoted |
| |||||||
| |||||||
1 | Ballots". The judges
of election shall examine the ballots | ||||||
2 | to determine if any is
damaged or defective so that it | ||||||
3 | cannot be counted by the
automatic tabulating equipment. If | ||||||
4 | any ballot is
damaged or defective so that it cannot | ||||||
5 | properly be counted by the
automatic tabulating equipment, | ||||||
6 | the judges of election,
consisting in each case of at least | ||||||
7 | one judge of election of each
of the 2 major political | ||||||
8 | parties, shall make a true duplicate
ballot of all votes on | ||||||
9 | such ballot by using the ballot of
the precinct and one of | ||||||
10 | the marking devices, or equivalent ballot, of the
precinct. | ||||||
11 | The
original ballot and ballot envelope shall be clearly
| ||||||
12 | labeled "Damaged Ballot" and the ballot so
produced | ||||||
13 | "Duplicate Damaged Ballot", and each shall bear the same
| ||||||
14 | number which shall be placed thereon by the judges of | ||||||
15 | election,
commencing with number 1 and continuing | ||||||
16 | consecutively for the
ballots of that kind in the precinct. | ||||||
17 | The judges of election
shall initial the "Duplicate Damaged | ||||||
18 | Ballot" ballot and shall place them in
the box for return | ||||||
19 | of the ballots.
The "Damaged Ballot" ballots
shall be | ||||||
20 | placed in the "Duplicated Ballots" envelope. A slip
| ||||||
21 | indicating the number of voters voting in person, number of
| ||||||
22 | absentee and early votes deposited in the ballot box, and | ||||||
23 | the total number
of voters of the precinct who voted at the | ||||||
24 | election shall be made
out, signed by all judges of | ||||||
25 | election, and inserted in the box
for return of the | ||||||
26 | ballots. The tally sheets recording the write-in votes | ||||||
27 | shall
be placed in this box. The judges of election | ||||||
28 | immediately shall
securely lock the ballot box or other | ||||||
29 | suitable box furnished for return of the
ballots by the | ||||||
30 | election official in charge of the election; provided that | ||||||
31 | if
the box is not of a type which may be securely locked, | ||||||
32 | the box shall be
sealed with filament tape provided for the | ||||||
33 | purpose which shall
be wrapped around the box lengthwise | ||||||
34 | and crosswise, at least
twice each way. A separate adhesive |
| |||||||
| |||||||
1 | seal label signed by each of
the judges of election of the | ||||||
2 | precinct shall be affixed to the
box to cover any slot | ||||||
3 | therein and to identify the box of
the precinct; and if the | ||||||
4 | box is sealed with filament tape as
provided rather than | ||||||
5 | locked, such tape shall be wrapped
around the box as | ||||||
6 | provided, but in such manner that the
separate adhesive | ||||||
7 | seal label affixed to the box and signed by the
judges may | ||||||
8 | not be removed without breaking the filament tape and
| ||||||
9 | disturbing the signature of the judges. Two of the
judges | ||||||
10 | of election, of different major political parties,
shall by | ||||||
11 | the most direct route transport the box for
return of the | ||||||
12 | ballots and enclosed ballots and returns to the
central | ||||||
13 | counting location designated by the election official in
| ||||||
14 | charge of the election. If, however, because of the lack of
| ||||||
15 | adequate parking facilities at the central counting | ||||||
16 | location or
for any other reason, it is impossible or | ||||||
17 | impracticable for the
boxes from all the polling places to | ||||||
18 | be delivered directly to the
central counting location, the | ||||||
19 | election official in charge of the
election may designate | ||||||
20 | some other location to which the boxes
shall be delivered | ||||||
21 | by the 2 precinct judges. While at the other
location the | ||||||
22 | boxes shall be in the care and custody of one or
more | ||||||
23 | teams, each consisting of 4 persons, 2 from each of the 2
| ||||||
24 | major political parties, designated for such purpose by the
| ||||||
25 | election official in charge of elections from | ||||||
26 | recommendations by
the appropriate political party | ||||||
27 | organizations. As soon as
possible, the boxes shall be | ||||||
28 | transported from the other location
to the central counting | ||||||
29 | location by one or more teams, each
consisting of 4 | ||||||
30 | persons, 2 from each of the 2 major political
parties, | ||||||
31 | designated for the purpose by the election official in
| ||||||
32 | charge of elections from recommendations by the | ||||||
33 | appropriate
political party organizations.
| ||||||
34 | The "Defective Ballots" envelope, and "Duplicated |
| |||||||
| |||||||
1 | Ballots"
envelope each shall be securely sealed and the | ||||||
2 | flap or end
of each envelope signed by the precinct judges | ||||||
3 | of election and
returned to the central counting location | ||||||
4 | with the box for return
of the ballots, enclosed ballots | ||||||
5 | and returns.
| ||||||
6 | At the central counting location, a team of tally | ||||||
7 | judges
designated by the election official in charge of the | ||||||
8 | election
shall check the box returned containing the | ||||||
9 | ballots to determine
that all seals are intact, and shall | ||||||
10 | open the box,
check the voters' slip and compare the number | ||||||
11 | of ballots so
delivered against the total number of voters | ||||||
12 | of the precinct who
voted, remove the ballots and deliver | ||||||
13 | them to the
technicians operating the automatic tabulating | ||||||
14 | equipment. Any
discrepancies between the number of ballots | ||||||
15 | and total number of
voters shall be noted on a sheet | ||||||
16 | furnished for that purpose and
signed by the tally judges.
| ||||||
17 | (3) A single ballot box, for the deposit of all votes | ||||||
18 | cast,
shall be used. Immediately after the closing of the | ||||||
19 | polls the
judges of election shall examine the absentee and | ||||||
20 | early ballots received by
the precinct judges of election | ||||||
21 | from the election authority of
voters in that precinct to | ||||||
22 | determine that they comply with the
provisions of Sections | ||||||
23 | 19-9, 19A-55, 20-8 , and 20-9 of this Code and are entitled | ||||||
24 | to be
deposited in the ballot box;
those entitled to be | ||||||
25 | deposited in the ballot box shall be
initialed by the | ||||||
26 | precinct judges and deposited in the ballot box.
Those not | ||||||
27 | entitled to be deposited in the ballot box, in
accordance | ||||||
28 | with Sections 19-9, 19A-55, 20-8 , and 20-9 of this Code
| ||||||
29 | shall be marked "Rejected" and preserved in the
manner | ||||||
30 | provided in this Code for the retention and
preservation of | ||||||
31 | official ballots rejected at such election.
Immediately | ||||||
32 | upon the completion of the absentee and early balloting, | ||||||
33 | the
precinct judges of election shall securely lock the | ||||||
34 | ballot box;
provided that if such box is not of a type |
| |||||||
| |||||||
1 | which may be securely
locked, the box shall be sealed with | ||||||
2 | filament tape provided for
the purpose which shall be | ||||||
3 | wrapped around the box lengthwise and
crosswise, at least | ||||||
4 | twice each way. A separate adhesive seal
label signed by | ||||||
5 | each of the judges of election of the precinct
shall be | ||||||
6 | affixed to the box to cover any slot therein and
to | ||||||
7 | identify the box of the precinct; and if the box is sealed
| ||||||
8 | with filament tape as provided rather than locked, such
| ||||||
9 | tape shall be wrapped around the box as provided, but in
a | ||||||
10 | manner that the separate adhesive seal label affixed to the
| ||||||
11 | box and signed by the judges may not be removed without | ||||||
12 | breaking
the filament tape and disturbing the signature of | ||||||
13 | the judges.
Two of the judges of election, of different | ||||||
14 | major
political parties, shall by the most direct route
| ||||||
15 | transport the box for return of the ballots and enclosed | ||||||
16 | absentee and early
ballots and returns to the central | ||||||
17 | counting location designated
by the election official in | ||||||
18 | charge of the election. If however,
because of the lack of | ||||||
19 | adequate parking facilities at the central
counting | ||||||
20 | location or for some other reason, it is impossible or
| ||||||
21 | impracticable for the boxes from all the polling places to | ||||||
22 | be
delivered directly to the central counting location, the | ||||||
23 | election
official in charge of the election may designate | ||||||
24 | some other
location to which the boxes shall be delivered | ||||||
25 | by the 2 precinct
judges. While at the other location the | ||||||
26 | boxes shall be in the
care and custody of one or more | ||||||
27 | teams, each consisting of 4
persons, 2 from each of the 2 | ||||||
28 | major political parties,
designated for the purpose by the | ||||||
29 | election official in charge of
elections from | ||||||
30 | recommendations by the appropriate political party
| ||||||
31 | organizations. As soon as possible, the boxes shall be
| ||||||
32 | transported from the other location to the central counting
| ||||||
33 | location by one or more teams, each consisting of 4 | ||||||
34 | persons, 2
from each of the 2 major political parties, |
| |||||||
| |||||||
1 | designated for the
purpose by the election official in | ||||||
2 | charge of the election from
recommendations by the | ||||||
3 | appropriate political party organizations.
| ||||||
4 | At the central counting location there shall be one or | ||||||
5 | more
teams of tally judges who possess the same | ||||||
6 | qualifications as
tally judges in election jurisdictions | ||||||
7 | using paper ballots. The
number of the teams shall be | ||||||
8 | determined by the election
authority. Each team shall | ||||||
9 | consist of 5 tally judges, 3 selected
and approved by the | ||||||
10 | county board from a certified list furnished
by the | ||||||
11 | chairman of the county central committee of the party with
| ||||||
12 | the majority of members on the county board and 2 selected | ||||||
13 | and
approved by the county board from a certified list | ||||||
14 | furnished by
the chairman of the county central committee | ||||||
15 | of the party with
the second largest number of members on | ||||||
16 | the county board. At the
central counting location a team | ||||||
17 | of tally judges shall open the
ballot box and canvass the | ||||||
18 | votes polled to determine that the
number of ballot sheets | ||||||
19 | therein agree with the number of voters
voting as shown by | ||||||
20 | the applications for ballot and for absentee and early
| ||||||
21 | ballot; and, if the same do not agree, the tally judges | ||||||
22 | shall
make such ballots agree with the number of | ||||||
23 | applications for
ballot in the manner provided by Section | ||||||
24 | 17-18 of this
Code. The tally judges shall then examine all | ||||||
25 | ballot sheets
that are in the ballot box to determine | ||||||
26 | whether they bear the
initials of the precinct judge of | ||||||
27 | election. If any ballot is not
initialed, it shall be | ||||||
28 | marked on the back "Defective", initialed
as to that label | ||||||
29 | by all tally judges immediately under the word
"Defective", | ||||||
30 | and not counted, but placed in the envelope provided
for | ||||||
31 | that purpose labeled "Defective Ballots Envelope". | ||||||
32 | Write-in
votes, not causing an overvote for an office | ||||||
33 | otherwise voted for
on the absentee or early ballot sheet, | ||||||
34 | and otherwise properly voted, shall
be counted, tallied, |
| |||||||
| |||||||
1 | and recorded by the central counting location
judges on the | ||||||
2 | tally sheet provided for the record. A write-in
vote | ||||||
3 | causing an overvote for an office shall not be counted for
| ||||||
4 | that office, but the tally judges shall mark the absentee | ||||||
5 | or early ballot
sheet "Objected To" and write the
manner in | ||||||
6 | which the ballot is counted on its back and initial the | ||||||
7 | sheet. An
overvote for one office shall invalidate only the | ||||||
8 | vote or count
for that particular office.
| ||||||
9 | At the central counting location, a team of tally | ||||||
10 | judges
designated by the election official in charge of the | ||||||
11 | election
shall deliver the ballot sheets to the technicians | ||||||
12 | operating the
automatic Precinct Tabulation Optical Scan | ||||||
13 | Technology tabulating
equipment. Any discrepancies between | ||||||
14 | the number of ballots and
total number of voters shall be | ||||||
15 | noted on a sheet furnished for
that purpose and signed by | ||||||
16 | the tally judges.
| ||||||
17 | (b) Regardless of which procedure described in subsection
| ||||||
18 | (a) of this Section is used, the judges of election designated | ||||||
19 | to
transport the ballots properly signed and sealed,
shall | ||||||
20 | ensure that the ballots are delivered to the
central counting | ||||||
21 | station no later than 12 hours after the polls
close. At the | ||||||
22 | central counting station, a team of tally judges
designated by | ||||||
23 | the election official in charge of the election
shall examine | ||||||
24 | the ballots so transported and shall not accept
ballots for | ||||||
25 | tabulating which are not signed and sealed as
provided in | ||||||
26 | subsection (a) of this Section until the judges
transporting | ||||||
27 | the ballots make and sign the necessary corrections.
Upon | ||||||
28 | acceptance of the ballots by a team of tally judges at the
| ||||||
29 | central counting station, the election judges transporting the
| ||||||
30 | ballots shall take a receipt signed by the election official in
| ||||||
31 | charge of the election and stamped with the date and time of
| ||||||
32 | acceptance. The election judges whose duty it is to transport
| ||||||
33 | any ballots shall, in the event the ballots cannot be found | ||||||
34 | when
needed, on proper request, produce the receipt which they |
| |||||||
| |||||||
1 | are to
take as above provided.
| ||||||
2 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
3 | (10 ILCS 5/24B-10.1)
| ||||||
4 | Sec. 24B-10.1. In-Precinct Counting Equipment; Procedures | ||||||
5 | for Counting and
Tallying Ballots. In an election
jurisdiction | ||||||
6 | where Precinct Tabulation Optical Scan Technology
counting | ||||||
7 | equipment is used, the following procedures for
counting and | ||||||
8 | tallying the ballots shall apply:
| ||||||
9 | Before the opening of the polls, and before the ballots are
| ||||||
10 | entered into the automatic tabulating equipment, the judges of
| ||||||
11 | election shall be sure that the totals are all zeros in the
| ||||||
12 | counting column. Ballots may then be counted by entering or | ||||||
13 | scanning
each ballot into the automatic tabulating equipment.
| ||||||
14 | Throughout the election day and before the closing of the | ||||||
15 | polls, no person
may check any vote totals for any candidate or | ||||||
16 | proposition on the automatic
tabulating equipment. Such | ||||||
17 | automatic tabulating equipment shall be programmed
so that no | ||||||
18 | person may reset the equipment for refeeding of ballots unless
| ||||||
19 | provided a code from an authorized representative of the | ||||||
20 | election
authority.
At the option of the election authority, | ||||||
21 | the ballots may be fed into the
Precinct Tabulation Optical | ||||||
22 | Scan Technology
equipment by the voters under the direct
| ||||||
23 | supervision of the judges of elections.
| ||||||
24 | Immediately after the closing of the polls, the absentee or | ||||||
25 | early
ballots delivered to the precinct judges of election by | ||||||
26 | the
election authority shall be examined to determine that the
| ||||||
27 | ballots comply with Sections 19-9 , 19A-55, and 20-9 of this | ||||||
28 | Code and are
entitled to be scanned by the Precinct Tabulation | ||||||
29 | Optical Scan
Technology equipment and then deposited in the | ||||||
30 | ballot box;
those entitled to be scanned and deposited in the | ||||||
31 | ballot box
shall be initialed by the precinct judges of | ||||||
32 | election and
then scanned and deposited in the ballot box. | ||||||
33 | Those not
entitled to be deposited in the ballot box shall be |
| |||||||
| |||||||
1 | marked
"Rejected" and disposed of as provided in said Sections | ||||||
2 | 19-9 , 19A-55, and
20-9.
| ||||||
3 | The precinct judges of election shall open the ballot box
| ||||||
4 | and count the number of ballots to determine if the
number | ||||||
5 | agrees with the number of voters voting as shown on the
| ||||||
6 | Precinct Tabulation Optical Scan Technology equipment and by | ||||||
7 | the
applications for ballot or, if the same do not agree, the | ||||||
8 | judges
of election shall make the ballots agree with the | ||||||
9 | applications
for ballot in the manner provided by Section 17-18 | ||||||
10 | of this Code.
The judges of election shall then examine all | ||||||
11 | ballots which are
in the ballot box to determine whether the | ||||||
12 | ballots contain the
initials of a precinct judge of election. | ||||||
13 | If any ballot is not
initialed, it shall be marked on the back | ||||||
14 | "Defective", initialed
as to such label by all judges | ||||||
15 | immediately under the word
"Defective" and not counted. The | ||||||
16 | judges of election shall place
an initialed blank official | ||||||
17 | ballot in the place of the defective
ballot, so that the count | ||||||
18 | of the ballots to be counted
on the automatic tabulating | ||||||
19 | equipment will be the same, and each
"Defective Ballot" and | ||||||
20 | "Replacement" ballot shall contain the
same serial number which | ||||||
21 | shall be placed thereon by the judges of
election, beginning | ||||||
22 | with number 1 and continuing consecutively
for the ballots of | ||||||
23 | that kind in that precinct. The original
"Defective" ballot | ||||||
24 | shall be placed in the "Defective Ballot
Envelope" provided for | ||||||
25 | that purpose.
| ||||||
26 | If the judges of election have removed a ballot pursuant to | ||||||
27 | Section 17-18,
have labeled "Defective" a ballot which is not | ||||||
28 | initialed, or have otherwise
determined under this Code to not | ||||||
29 | count a ballot originally deposited into a
ballot box, the | ||||||
30 | judges of election shall be sure that the totals on the
| ||||||
31 | automatic tabulating equipment are reset to all zeros in the | ||||||
32 | counting column.
Thereafter the judges of election shall enter | ||||||
33 | or otherwise scan each ballot
to be counted in the
automatic | ||||||
34 | tabulating equipment. Resetting the automatic tabulating |
| |||||||
| |||||||
1 | equipment
to all zeros and re-entering of ballots to be counted | ||||||
2 | may occur at the precinct
polling place, the office of the | ||||||
3 | election authority, or any receiving station
designated by the | ||||||
4 | election authority. The election authority shall designate
the | ||||||
5 | place for resetting and re-entering or re-scanning.
| ||||||
6 | When a Precinct Tabulation Optical Scan Technology
| ||||||
7 | electronic voting system is used which uses a paper ballot,
the | ||||||
8 | judges of election shall examine the ballot for write-in
votes. | ||||||
9 | When the voter has cast a write-in vote, the judges of
election | ||||||
10 | shall compare the write-in vote with the votes on the
ballot to | ||||||
11 | determine whether the write-in results in an overvote
for any | ||||||
12 | office, unless the Precinct Tabulation Optical Scan
Technology | ||||||
13 | equipment has already done so. In case of an overvote
for any | ||||||
14 | office, the judges of election, consisting in each case
of at | ||||||
15 | least one judge of election of each of the 2 major
political | ||||||
16 | parties, shall make a true duplicate ballot of all
votes on | ||||||
17 | such ballot except for the office which is
overvoted, by using | ||||||
18 | the ballot of the precinct and one of the
marking devices, or | ||||||
19 | equivalent ballot, of the precinct so as to transfer
all votes
| ||||||
20 | of
the voter, except for the office overvoted, to a duplicate
| ||||||
21 | ballot. The original ballot upon which there is an overvote
| ||||||
22 | shall be clearly labeled "Overvoted Ballot", and each such
| ||||||
23 | "Overvoted Ballot" as well as its "Replacement" shall contain | ||||||
24 | the
same serial number which shall be placed thereon by the | ||||||
25 | judges of
election, beginning with number 1 and continuing | ||||||
26 | consecutively
for the ballots of that kind in that precinct. | ||||||
27 | The "Overvoted
Ballot" shall be placed in an envelope provided | ||||||
28 | for that purpose
labeled "Duplicate Ballot" envelope, and the | ||||||
29 | judges of election
shall initial the "Replacement" ballots and | ||||||
30 | shall place them with
the other ballots to be counted on the | ||||||
31 | automatic tabulating
equipment.
| ||||||
32 | If any ballot is damaged or defective, or if any ballot
| ||||||
33 | contains a Voting Defect, so that it cannot properly be counted
| ||||||
34 | by the automatic tabulating equipment, the voter or the judges |
| |||||||
| |||||||
1 | of
election, consisting in each case of at least one judge of
| ||||||
2 | election of each of the 2 major political parties, shall make a
| ||||||
3 | true duplicate ballot of all votes on such ballot by using the
| ||||||
4 | ballot of the precinct and one of the marking devices of the
| ||||||
5 | precinct, or equivalent. If a damaged ballot, the original | ||||||
6 | ballot shall be
clearly labeled "Damaged Ballot" and the ballot | ||||||
7 | so produced shall
be clearly labeled "Damaged Ballot" and the | ||||||
8 | ballot
so produced shall be clearly labeled "Duplicate Damaged | ||||||
9 | Ballot", and each
shall contain the same serial number which | ||||||
10 | shall be placed
by the judges of election, beginning with | ||||||
11 | number 1 and
continuing consecutively for the ballots of that | ||||||
12 | kind in the
precinct. The judges of election shall initial the | ||||||
13 | "Duplicate
Damaged Ballot" ballot and shall enter or otherwise | ||||||
14 | scan the duplicate
damaged
ballot into the automatic tabulating | ||||||
15 | equipment. The "Damaged
Ballots" shall be placed in the | ||||||
16 | "Duplicated Ballots" envelope;
after all ballots have been | ||||||
17 | successfully read, the judges of
election shall check to make | ||||||
18 | certain that the Precinct Tabulation
Optical Scan Technology | ||||||
19 | equipment readout agrees with the number
of voters making | ||||||
20 | application for ballot in that precinct. The
number shall be | ||||||
21 | listed on the "Statement of Ballots" form
provided by the | ||||||
22 | election authority.
| ||||||
23 | The totals for all candidates and propositions shall be
| ||||||
24 | tabulated; and 4 copies of a "Certificate of Results" shall be
| ||||||
25 | generated by the automatic tabulating equipment; one copy shall | ||||||
26 | be
posted in a conspicuous place inside the polling place; and | ||||||
27 | every
effort shall be made by the judges of election to provide | ||||||
28 | a copy
for each authorized pollwatcher or other official | ||||||
29 | authorized to
be present in the polling place to observe the | ||||||
30 | counting of
ballots; but in no case shall the number of copies | ||||||
31 | to be made
available to pollwatchers be fewer than 4, chosen by | ||||||
32 | lot by the
judges of election. In addition, sufficient time | ||||||
33 | shall be
provided by the judges of election to the pollwatchers | ||||||
34 | to allow
them to copy information from the copy which has been |
| |||||||
| |||||||
1 | posted.
| ||||||
2 | The judges of election shall count all unused ballots and
| ||||||
3 | enter the number on the "Statement of Ballots". All "Spoiled",
| ||||||
4 | "Defective" and "Duplicated" ballots shall be counted and the
| ||||||
5 | number entered on the "Statement of Ballots".
| ||||||
6 | The precinct judges of election shall select a bi-partisan
| ||||||
7 | team of 2 judges, who shall immediately return the ballots in a
| ||||||
8 | sealed container, along with all other election materials as
| ||||||
9 | instructed by the election authority; provided, however, that
| ||||||
10 | such container must first be sealed by the election judges with
| ||||||
11 | filament tape or other approved sealing devices provided for | ||||||
12 | the
purpose which shall be wrapped around the container | ||||||
13 | lengthwise
and crosswise, at least twice each way, in a manner | ||||||
14 | that the
ballots cannot be removed from the container without | ||||||
15 | breaking
the seal and filament tape and disturbing any | ||||||
16 | signatures affixed
by the election judges to the container, or | ||||||
17 | which other approved
sealing devices are affixed in a manner | ||||||
18 | approved by the election
authority. The election authority | ||||||
19 | shall keep the office of the
election authority or any | ||||||
20 | receiving stations designated by the
authority, open for at | ||||||
21 | least 12 consecutive hours after the polls
close or until the | ||||||
22 | ballots from all precincts with in-precinct
counting equipment | ||||||
23 | within the jurisdiction of the election
authority have been | ||||||
24 | returned to the election authority. Ballots
returned to the | ||||||
25 | office of the election authority which are not
signed and | ||||||
26 | sealed as required by law shall not be accepted by the
election | ||||||
27 | authority until the judges returning the ballots make and
sign | ||||||
28 | the necessary corrections. Upon acceptance of the ballots
by | ||||||
29 | the election authority, the judges returning the ballots shall
| ||||||
30 | take a receipt signed by the election authority and stamped | ||||||
31 | with
the time and date of the return. The election judges whose | ||||||
32 | duty
it is to return any ballots as provided shall, in the
| ||||||
33 | event the ballots cannot be found when needed, on proper
| ||||||
34 | request, produce the receipt which they are to take as above
|
| |||||||
| |||||||
1 | provided. The precinct judges of election shall also deliver
| ||||||
2 | the Precinct Tabulation Optical Scan Technology equipment to | ||||||
3 | the
election authority.
| ||||||
4 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
5 | (10 ILCS 5/24B-15.1)
| ||||||
6 | Sec. 24B-15.1. Discovery , recounts and election contests.
| ||||||
7 | Except as provided, discovery recounts and election
contests | ||||||
8 | shall be conducted as otherwise provided for in
this Code. The | ||||||
9 | automatic Precinct Tabulation
Optical Scan Technology | ||||||
10 | tabulating equipment shall be tested
prior to the discovery | ||||||
11 | recount or election contest as provided in
Section 24B-9, and | ||||||
12 | then the official ballots shall be recounted
on the automatic | ||||||
13 | tabulating equipment. In addition, (a) the
ballots shall be | ||||||
14 | checked for the presence or absence of judges'
initials and | ||||||
15 | other distinguishing marks, and (b) the ballots
marked | ||||||
16 | "Rejected", "Defective", "Objected To" , "Early Ballot", and | ||||||
17 | "Absentee
Ballot" shall be examined to determine the propriety | ||||||
18 | of the
labels, and (c) the "Duplicate Absentee Ballots", | ||||||
19 | "Duplicate
Overvoted Ballots" , "Duplicate Early Ballot", and | ||||||
20 | "Duplicate Damaged Ballots" shall be
compared with their | ||||||
21 | respective originals to determine the
correctness of the | ||||||
22 | duplicates.
| ||||||
23 | Any person who has filed a petition for discovery recount
| ||||||
24 | may request that a redundant count be conducted in those
| ||||||
25 | precincts in which the discovery recount is being conducted. | ||||||
26 | The
additional costs of a redundant count shall be borne by the
| ||||||
27 | requesting party.
| ||||||
28 | The log of the computer operator and all materials retained
| ||||||
29 | by the election authority in relation to vote tabulation and
| ||||||
30 | canvass shall be made available for any discovery recount or
| ||||||
31 | election contest.
| ||||||
32 | (Source: P.A. 89-394, eff. 1-1-97.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/24C-2)
| ||||||
2 | Sec. 24C-2. Definitions. As used in this Article:
| ||||||
3 | "Audit trail" or "audit capacity" means a continuous trail
| ||||||
4 | of evidence linking individual transactions related to the
| ||||||
5 | casting of a vote, the vote count and the summary record of | ||||||
6 | vote
totals, but which shall not allow for the identification | ||||||
7 | of the
voter. It shall permit verification of the accuracy of | ||||||
8 | the
count and detection and correction of problems and shall | ||||||
9 | provide
a record of each step taken in: defining and producing | ||||||
10 | ballots
and generating related software for specific | ||||||
11 | elections;
installing ballots and software; testing system | ||||||
12 | readiness;
casting and tabulating ballots; and producing | ||||||
13 | images of votes
cast and reports of vote totals. The record | ||||||
14 | shall incorporate
system status and error messages generated | ||||||
15 | during election
processing, including a log of machine | ||||||
16 | activities and routine
and unusual intervention by authorized | ||||||
17 | and unauthorized
individuals. Also part of an audit trail is | ||||||
18 | the documentation
of such items as ballots delivered and | ||||||
19 | collected, administrative
procedures for system security, | ||||||
20 | pre-election testing of voting
systems, and maintenance | ||||||
21 | performed on voting equipment. All test plans, test results, | ||||||
22 | documentation, and other records used to plan, execute, and | ||||||
23 | record the results of the testing and verification, including | ||||||
24 | all material prepared or used by independent testing | ||||||
25 | authorities or other third parties, shall be made part of the | ||||||
26 | public record and shall be freely available via the Internet | ||||||
27 | and paper copy to anyone. "Audit trail" or "audit capacity"
It | ||||||
28 | also
means that the voting system is capable of producing and | ||||||
29 | shall
produce immediately after a ballot is cast a permanent | ||||||
30 | paper
record of each ballot cast that shall be available as an
| ||||||
31 | official record for any recount, redundant count, or
| ||||||
32 | verification or retabulation of the vote count conducted with
| ||||||
33 | respect to any election in which the voting system is used.
| ||||||
34 | "Ballot" means an electronic audio or video display or any
|
| |||||||
| |||||||
1 | other medium, including paper, used to record a voter's choices
| ||||||
2 | for the candidates of their preference and for or against | ||||||
3 | public
questions.
| ||||||
4 | "Ballot configuration" means the particular combination of
| ||||||
5 | political subdivision or district ballots including, for each
| ||||||
6 | political subdivision or district, the particular combination | ||||||
7 | of
offices, candidate names and public questions as it appears | ||||||
8 | for
each group of voters who may cast the same ballot.
| ||||||
9 | "Ballot image" means a corresponding representation in
| ||||||
10 | electronic or paper form of the mark or vote position of a
| ||||||
11 | ballot.
| ||||||
12 | "Ballot label" or "ballot screen" means the display of
| ||||||
13 | material containing the names of offices and candidates and
| ||||||
14 | public questions to be voted on.
| ||||||
15 | "Central counting" means the counting of ballots in one or
| ||||||
16 | more locations selected by the election authority for the
| ||||||
17 | processing or counting, or both, of ballots. A location for
| ||||||
18 | central counting shall be within the territorial jurisdiction | ||||||
19 | of
the election authority unless there is no suitable | ||||||
20 | tabulating
equipment available within his territorial | ||||||
21 | jurisdiction.
However, in any event a counting location shall | ||||||
22 | be within this
State.
| ||||||
23 | "Computer", "automatic tabulating equipment" or | ||||||
24 | "equipment"
includes apparatus necessary to automatically | ||||||
25 | examine and count
votes as designated on ballots, and data | ||||||
26 | processing machines
which can be used for counting ballots and | ||||||
27 | tabulating results.
| ||||||
28 | "Computer operator" means any person or persons designated
| ||||||
29 | by the election authority to operate the automatic tabulating
| ||||||
30 | equipment during any portion of the vote tallying process in an
| ||||||
31 | election, but shall not include judges of election operating
| ||||||
32 | vote tabulating equipment in the precinct.
| ||||||
33 | "Computer program" or "program" means the set of operating
| ||||||
34 | instructions for the automatic tabulating equipment that
|
| |||||||
| |||||||
1 | examines, records, displays, counts, tabulates, canvasses , or
| ||||||
2 | and prints votes
recorded by a voter on a ballot or that | ||||||
3 | displays any and all information, graphics, or other visual or | ||||||
4 | audio information or images used in presenting voting | ||||||
5 | information, instructions, or voter choices .
| ||||||
6 | "Direct recording electronic voting system", "voting
| ||||||
7 | system" or "system" means the total combination of mechanical,
| ||||||
8 | electromechanical or electronic equipment, programs and
| ||||||
9 | practices used to define ballots, cast and count votes, report
| ||||||
10 | or display election results, maintain or produce any audit | ||||||
11 | trail
information, identify all system components, test the | ||||||
12 | system
during development, maintenance and operation, maintain | ||||||
13 | records
of system errors and defects, determine specific system | ||||||
14 | changes
to be made to a system after initial qualification, and | ||||||
15 | make
available any materials to the voter such as notices,
| ||||||
16 | instructions, forms or paper ballots.
| ||||||
17 | "Edit listing" means a computer generated listing of the
| ||||||
18 | names of each candidate and public question as they appear in
| ||||||
19 | the program for each precinct.
| ||||||
20 | "In-precinct counting" means the recording and counting of
| ||||||
21 | ballots on automatic tabulating equipment provided by the
| ||||||
22 | election authority in the same precinct polling place in which
| ||||||
23 | those ballots have been cast.
| ||||||
24 | "Marking device" means any device approved by the State
| ||||||
25 | Board of Elections for marking a ballot so as to enable the
| ||||||
26 | ballot to be recorded, counted and tabulated by automatic
| ||||||
27 | tabulating equipment.
| ||||||
28 | "Permanent paper record" means a paper record upon which
| ||||||
29 | shall be printed in human readable form the votes cast for each
| ||||||
30 | candidate and for or against each public question on each | ||||||
31 | ballot
recorded in the voting system. Each permanent paper | ||||||
32 | record
shall be printed by the voting device upon activation of | ||||||
33 | the
marking device by the voter and shall contain a unique, | ||||||
34 | randomly
assigned identifying number that shall correspond to |
| |||||||
| |||||||
1 | the number
randomly assigned by the voting system to each | ||||||
2 | ballot as it is
electronically recorded.
| ||||||
3 | "Redundant count" means a verification of the original
| ||||||
4 | computer count of ballots by another count using compatible
| ||||||
5 | equipment or other means as part of a discovery recount,
| ||||||
6 | including a count of the permanent paper record of each ballot
| ||||||
7 | cast by using compatible equipment, different equipment | ||||||
8 | approved
by the State Board of Elections for that purpose, or | ||||||
9 | by hand.
| ||||||
10 | "Separate ballot" means a separate page or display screen
| ||||||
11 | of the ballot that is clearly defined and distinguishable from
| ||||||
12 | other portions of the ballot.
| ||||||
13 | "Voting device" or "voting machine" means an apparatus that
| ||||||
14 | contains the ballot label or ballot screen and allows the voter
| ||||||
15 | to record his or her vote.
| ||||||
16 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
17 | (10 ILCS 5/24C-12)
| ||||||
18 | Sec. 24C-12. Procedures for Counting and Tallying of
| ||||||
19 | Ballots.
| ||||||
20 | In an election jurisdiction where a Direct Recording
| ||||||
21 | Electronic Voting System is used, the following procedures for
| ||||||
22 | counting and tallying the ballots shall apply:
| ||||||
23 | Before the opening of the polls, the judges of elections
| ||||||
24 | shall assemble the voting equipment and devices and turn the
| ||||||
25 | equipment on. The judges shall, if necessary, take steps to
| ||||||
26 | activate the voting devices and counting equipment by inserting
| ||||||
27 | into the equipment and voting devices appropriate data cards
| ||||||
28 | containing passwords and data codes that will select the proper
| ||||||
29 | ballot formats selected for that polling place and that will
| ||||||
30 | prevent inadvertent or unauthorized activation of the | ||||||
31 | poll-opening function.
Before voting begins and before ballots | ||||||
32 | are
entered into the voting devices, the judges of election | ||||||
33 | shall
cause to be printed a record of the following: the |
| |||||||
| |||||||
1 | election's
identification data, the device's unit | ||||||
2 | identification, the
ballot's format identification, the | ||||||
3 | contents of each active
candidate register by office and of | ||||||
4 | each active public question
register showing that they contain | ||||||
5 | all zero votes, all ballot
fields that can be used to invoke | ||||||
6 | special voting options, and
other information needed to ensure | ||||||
7 | the readiness of the
equipment and to accommodate | ||||||
8 | administrative reporting
requirements. The judges must also | ||||||
9 | check to be sure that the
totals are all zeros in the counting | ||||||
10 | columns and in the public
counter affixed to the voting | ||||||
11 | devices.
| ||||||
12 | After the judges have determined that a person is qualified
| ||||||
13 | to vote, a voting device with the proper ballot to which the
| ||||||
14 | voter is entitled shall be enabled to be used by the voter. The
| ||||||
15 | ballot may then be cast by the voter by marking by appropriate
| ||||||
16 | means the designated area of the ballot for the casting of a
| ||||||
17 | vote for any candidate or for or against any public question.
| ||||||
18 | The voter shall be able to vote for any and all candidates and
| ||||||
19 | public measures appearing on the ballot in any legal number and
| ||||||
20 | combination and the voter shall be able to delete, change or
| ||||||
21 | correct his or her selections before the ballot is cast. The
| ||||||
22 | voter shall be able to select candidates whose names do not
| ||||||
23 | appear upon the ballot for any office by entering | ||||||
24 | electronically
as many names of candidates as the voter is | ||||||
25 | entitled to select
for each office.
| ||||||
26 | Upon completing his or her selection of candidates or
| ||||||
27 | public questions, the voter shall signify that voting has been
| ||||||
28 | completed by activating the appropriate button, switch or | ||||||
29 | active
area of the ballot screen associated with end of voting. | ||||||
30 | Upon
activation, the voting system shall record an image of the
| ||||||
31 | completed ballot, increment the proper ballot position
| ||||||
32 | registers, and shall signify to the voter that the ballot has
| ||||||
33 | been cast. Upon activation, the voting system shall also print
| ||||||
34 | a permanent paper record of each ballot cast as defined in
|
| |||||||
| |||||||
1 | Section 24C-2 of this Code. This permanent paper record shall
| ||||||
2 | (i) be printed in a clear, readily readable format that can be | ||||||
3 | easily reviewed by the voter for completeness and accuracy and | ||||||
4 | (ii) either be self-contained within the voting device or shall | ||||||
5 | be
deposited by the voter into a secure ballot box. No | ||||||
6 | permanent
paper record shall be removed from the polling place | ||||||
7 | except by
election officials as authorized by this Article. All | ||||||
8 | permanent
paper records shall be preserved and secured by | ||||||
9 | election
officials in the same manner as paper ballots and | ||||||
10 | shall be
available as an official record for any recount, | ||||||
11 | redundant
count, or verification or retabulation of the vote | ||||||
12 | count
conducted with respect to any election in which the | ||||||
13 | voting
system is used. The voter shall exit the voting station | ||||||
14 | and
the voting system shall prevent any further attempt to vote
| ||||||
15 | until it has been properly re-activated. If a voting device has
| ||||||
16 | been enabled for voting but the voter leaves the polling place
| ||||||
17 | without casting a ballot, 2 judges of election, one from each | ||||||
18 | of
the 2 major political parties, shall spoil the ballot.
| ||||||
19 | Throughout the election day and before the closing of the
| ||||||
20 | polls, no person may check any vote totals for any candidate or
| ||||||
21 | public question on the voting or counting equipment. Such
| ||||||
22 | equipment shall be programmed so that no person may reset the
| ||||||
23 | equipment for reentry of ballots unless provided the proper | ||||||
24 | code
from an authorized representative of the election | ||||||
25 | authority.
| ||||||
26 | The precinct judges of election shall check the public
| ||||||
27 | register to determine whether the number of ballots counted by
| ||||||
28 | the voting equipment agrees with the number of voters voting as
| ||||||
29 | shown by the applications for ballot. If the same do not agree,
| ||||||
30 | the judges of election shall immediately contact the offices of
| ||||||
31 | the election authority in charge of the election for further
| ||||||
32 | instructions. If the number of ballots counted by the voting
| ||||||
33 | equipment agrees with the number of voters voting as shown by
| ||||||
34 | the application for ballot, the number shall be listed on the
|
| |||||||
| |||||||
1 | "Statement of Ballots" form provided by the election authority.
| ||||||
2 | The totals for all candidates and propositions shall be
| ||||||
3 | tabulated; and 4 copies of a "Certificate of Results" shall be
| ||||||
4 | printed by the automatic tabulating equipment; one copy shall | ||||||
5 | be
posted in a conspicuous place inside the polling place; and
| ||||||
6 | every effort shall be made by the judges of election to provide
| ||||||
7 | a copy for each authorized pollwatcher or other official
| ||||||
8 | authorized to be present in the polling place to observe the
| ||||||
9 | counting of ballots; but in no case shall the number of copies
| ||||||
10 | to be made available to pollwatchers be fewer than 4, chosen by
| ||||||
11 | lot by the judges of election. In addition, sufficient time
| ||||||
12 | shall be provided by the judges of election to the pollwatchers
| ||||||
13 | to allow them to copy information from the copy which has been
| ||||||
14 | posted.
| ||||||
15 | If instructed by the election authority, the judges of
| ||||||
16 | election shall cause the tabulated returns to be transmitted
| ||||||
17 | electronically to the offices of the election authority via
| ||||||
18 | modem or other electronic medium.
| ||||||
19 | The precinct judges of election shall select a bi-partisan
| ||||||
20 | team of 2 judges, who shall immediately return the ballots in a
| ||||||
21 | sealed container, along with all other election materials and
| ||||||
22 | equipment as instructed by the election authority; provided,
| ||||||
23 | however, that such container must first be sealed by the
| ||||||
24 | election judges with filament tape or other approved sealing
| ||||||
25 | devices provided for the purpose in a manner that the ballots
| ||||||
26 | cannot be removed from the container without breaking the seal
| ||||||
27 | or filament tape and disturbing any signatures affixed by the
| ||||||
28 | election judges to the container. The election authority shall
| ||||||
29 | keep the office of the election authority, or any receiving
| ||||||
30 | stations designated by the authority, open for at least 12
| ||||||
31 | consecutive hours after the polls close or until the ballots | ||||||
32 | and
election material and equipment from all precincts within | ||||||
33 | the
jurisdiction of the election authority have been returned | ||||||
34 | to the
election authority. Ballots and election materials and
|
| |||||||
| |||||||
1 | equipment returned to the office of the election authority | ||||||
2 | which
are not signed and sealed as required by law shall not be
| ||||||
3 | accepted by the election authority until the judges returning
| ||||||
4 | the ballots make and sign the necessary corrections. Upon
| ||||||
5 | acceptance of the ballots and election materials and equipment
| ||||||
6 | by the election authority, the judges returning the ballots
| ||||||
7 | shall take a receipt signed by the election authority and
| ||||||
8 | stamped with the time and date of the return. The election
| ||||||
9 | judges whose duty it is to return any ballots and election
| ||||||
10 | materials and equipment as provided shall, in the event the
| ||||||
11 | ballots, materials or equipment cannot be found when needed, on
| ||||||
12 | proper request, produce the receipt which they are to take as
| ||||||
13 | above provided.
| ||||||
14 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
15 | (10 ILCS 5/24C-13)
| ||||||
16 | Sec. 24C-13. Absentee ballots; Early voting ballots; | ||||||
17 | Proceedings at Location for
Central Counting; Employees; | ||||||
18 | Approval of List.
| ||||||
19 | (a) All jurisdictions using Direct Recording Electronic
| ||||||
20 | Voting Systems shall use paper ballots or paper ballot sheets
| ||||||
21 | approved for use under Articles 16, 24A or 24B of this Code | ||||||
22 | when
conducting absentee voting except that Direct Recording
| ||||||
23 | Electronic Voting Systems may be used for in-person absentee
| ||||||
24 | voting conducted pursuant to Section 19-2.1 of this Code. All
| ||||||
25 | absentee ballots shall be counted at the office of the election
| ||||||
26 | authority. The provisions of Section 24A-9, 24B-9 and 24C-9 of
| ||||||
27 | this Code shall apply to the testing and notice requirements | ||||||
28 | for
central count tabulation equipment, including comparing | ||||||
29 | the
signature on the ballot envelope with the signature of the | ||||||
30 | voter
on the permanent voter registration record card taken | ||||||
31 | from the
master file. Absentee ballots other than absentee | ||||||
32 | ballots voted
in person pursuant to Section 19-2.1 of this Code | ||||||
33 | shall be
examined and processed pursuant to Sections 19-9 and |
| |||||||
| |||||||
1 | 20-9 of
this Code. Vote results shall be recorded by precinct | ||||||
2 | and shall
be added to the vote results for the precinct in | ||||||
3 | which the
absent voter was eligible to vote prior to completion | ||||||
4 | of the
official canvass.
| ||||||
5 | (a-5) Early voting ballots cast in accordance with Article | ||||||
6 | 19A shall be counted in precincts as provided in that Article. | ||||||
7 | Early votes cast through the use of Direct Recording Electronic | ||||||
8 | Voting System devices shall be counted using the procedures of | ||||||
9 | this Article. Early votes cast by a method other than the use | ||||||
10 | of Direct Recording Electronic Voting System devices shall be | ||||||
11 | counted using the procedures of this Code for that method.
| ||||||
12 | (b) All proceedings at the location for central counting
| ||||||
13 | shall be under the direction of the county clerk or board of
| ||||||
14 | election commissioners. Except for any specially trained
| ||||||
15 | technicians required for the operation of the Direct Recording
| ||||||
16 | Electronic Voting System, the employees at the counting station
| ||||||
17 | shall be equally divided between members of the 2 leading
| ||||||
18 | political parties and all duties performed by the employees
| ||||||
19 | shall be by teams consisting of an equal number of members of
| ||||||
20 | each political party. Thirty days before an election the county
| ||||||
21 | clerk or board of election commissioners shall submit to the
| ||||||
22 | chairman of each political party, for his or her approval or
| ||||||
23 | disapproval, a list of persons of his or her party proposed to
| ||||||
24 | be employed. If a chairman fails to notify the election
| ||||||
25 | authority of his or her disapproval of any proposed employee
| ||||||
26 | within a period of 10 days thereafter the list shall be deemed
| ||||||
27 | approved.
| ||||||
28 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
29 | (10 ILCS 5/24C-15)
| ||||||
30 | Sec. 24C-15. Official Return of Precinct; Check of Totals;
| ||||||
31 | Audit. The precinct return printed by the Direct Recording
| ||||||
32 | Electronic Voting System tabulating equipment shall include | ||||||
33 | the
number of ballots cast and votes cast for each candidate |
| |||||||
| |||||||
1 | and
public question and shall constitute the official return of | ||||||
2 | each
precinct. In addition to the precinct return, the election
| ||||||
3 | authority shall provide the number of applications for ballots
| ||||||
4 | in each precinct, the total number of ballots and absentee
| ||||||
5 | ballots counted in each precinct for each political subdivision
| ||||||
6 | and district and the number of registered voters in each
| ||||||
7 | precinct. However, the election authority shall check the
| ||||||
8 | totals shown by the precinct return and, if there is an obvious
| ||||||
9 | discrepancy regarding the total number of votes cast in any
| ||||||
10 | precinct, shall have the ballots for that precinct audited to
| ||||||
11 | correct the return. The procedures for this audit shall apply
| ||||||
12 | prior to and after the proclamation is completed; however, | ||||||
13 | after
the proclamation of results, the election authority must | ||||||
14 | obtain
a court order to unseal voted ballots or voting devices | ||||||
15 | except
for election contests and discovery recounts. The | ||||||
16 | certificate
of results, which has been prepared and signed by | ||||||
17 | the judges of
election in the polling place after the ballots | ||||||
18 | have been
tabulated, shall be the document used for the canvass | ||||||
19 | of votes
for such precinct. Whenever a discrepancy exists | ||||||
20 | during the
canvass of votes between the unofficial results and | ||||||
21 | the
certificate of results, or whenever a discrepancy exists | ||||||
22 | during
the canvass of votes between the certificate of results | ||||||
23 | and the
set of totals reflected on the certificate of results, | ||||||
24 | the
ballots for that precinct shall be audited to correct the
| ||||||
25 | return.
| ||||||
26 | Prior to the proclamation, the election authority shall
| ||||||
27 | test the voting devices and equipment in 5%
1% of the precincts
| ||||||
28 | within the election jurisdiction. The precincts to be tested
| ||||||
29 | shall be selected after election day on a random basis by the
| ||||||
30 | election authority, so that every precinct in the election
| ||||||
31 | jurisdiction has an equal mathematical chance of being | ||||||
32 | selected.
The State Board of Elections shall design a standard | ||||||
33 | and
scientific random method of selecting the precincts that | ||||||
34 | are to
be tested, and the election authority shall be required |
| |||||||
| |||||||
1 | to use
that method. The State Board of Elections, the State's | ||||||
2 | Attorney
and other appropriate law enforcement agencies, the | ||||||
3 | county
chairman of each established political party and | ||||||
4 | qualified civic
organizations shall be given prior written | ||||||
5 | notice of the time
and place of the random selection procedure | ||||||
6 | and may be
represented at the procedure.
| ||||||
7 | The test shall be conducted by counting the votes marked on
| ||||||
8 | the permanent paper record of each ballot cast in the tested
| ||||||
9 | precinct printed by the voting system at the time that each
| ||||||
10 | ballot was cast and comparing the results of this count with | ||||||
11 | the
results shown by the certificate of results prepared by the
| ||||||
12 | Direct Recording Electronic Voting System in the test precinct.
| ||||||
13 | The election authority shall test count these votes either by
| ||||||
14 | hand or by using an automatic tabulating device other than a
| ||||||
15 | Direct Recording Electronic voting device that has been | ||||||
16 | approved
by the State Board of Elections for that purpose and | ||||||
17 | tested
before use to ensure accuracy. The election authority | ||||||
18 | shall
print the results of each test count. If any error is | ||||||
19 | detected,
the cause shall be determined and corrected, and an | ||||||
20 | errorless
count shall be made prior to the official canvass and
| ||||||
21 | proclamation of election results. If an errorless count cannot
| ||||||
22 | be conducted and there continues to be difference in vote
| ||||||
23 | results between the certificate of results produced by the
| ||||||
24 | Direct Recording Electronic Voting System and the count of the
| ||||||
25 | permanent paper records or if an error was detected and
| ||||||
26 | corrected, the election authority shall immediately prepare | ||||||
27 | and
forward to the appropriate canvassing board a written | ||||||
28 | report
explaining the results of the test and any errors | ||||||
29 | encountered
and the report shall be made available for public | ||||||
30 | inspection.
| ||||||
31 | The State Board of Elections, the State's Attorney and
| ||||||
32 | other appropriate law enforcement agencies, the county | ||||||
33 | chairman
of each established political party and qualified | ||||||
34 | civic
organizations shall be given prior written notice of the |
| |||||||
| |||||||
1 | time
and place of the test and may be represented at the test.
| ||||||
2 | The results of this post-election test shall be treated in
| ||||||
3 | the same manner and have the same effect as the results of the
| ||||||
4 | discovery procedures set forth in Section 22-9.1 of this Code.
| ||||||
5 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
6 | Section 10. The State Finance Act is amended by adding | ||||||
7 | Section 5.700 and by changing Section 8h as follows: | ||||||
8 | (30 ILCS 105/5.700 new)
| ||||||
9 | Sec. 5.700. The Voters' Guide Fund. | ||||||
10 | (30 ILCS 105/8h)
| ||||||
11 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
12 | (a) Except as provided in subsection (b), notwithstanding | ||||||
13 | any other
State law to the contrary, the Governor
may, through | ||||||
14 | June 30, 2007, from time to time direct the State Treasurer and | ||||||
15 | Comptroller to transfer
a specified sum from any fund held by | ||||||
16 | the State Treasurer to the General
Revenue Fund in order to | ||||||
17 | help defray the State's operating costs for the
fiscal year. | ||||||
18 | The total transfer under this Section from any fund in any
| ||||||
19 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
20 | revenues to be deposited
into the fund during that fiscal year | ||||||
21 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
22 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
23 | 2005 only, prior to calculating the July 1, 2004 final | ||||||
24 | balances, the Governor may calculate and direct the State | ||||||
25 | Treasurer with the Comptroller to transfer additional amounts | ||||||
26 | determined by applying the formula authorized in Public Act | ||||||
27 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
28 | be made from a fund under this Section that would have the
| ||||||
29 | effect of reducing the available balance in the fund to an | ||||||
30 | amount less than
the amount remaining unexpended and unreserved | ||||||
31 | from the total appropriation
from that fund estimated to be |
| |||||||
| |||||||
1 | expended for that fiscal year. This Section does not apply to | ||||||
2 | any
funds that are restricted by federal law to a specific use, | ||||||
3 | to any funds in
the Motor Fuel Tax Fund, the Hospital Provider | ||||||
4 | Fund, the Medicaid Provider Relief Fund, or the Reviewing Court | ||||||
5 | Alternative Dispute Resolution Fund , or the Voters' Guide Fund , | ||||||
6 | or to any
funds to which subsection (f) of Section 20-40 of the | ||||||
7 | Nursing and Advanced Practice Nursing Act applies. | ||||||
8 | Notwithstanding any
other provision of this Section, for fiscal | ||||||
9 | year 2004,
the total transfer under this Section from the Road | ||||||
10 | Fund or the State
Construction Account Fund shall not exceed | ||||||
11 | the lesser of (i) 5% of the revenues to be deposited
into the | ||||||
12 | fund during that fiscal year or (ii) 25% of the beginning | ||||||
13 | balance in the fund.
For fiscal year 2005 through fiscal year | ||||||
14 | 2007, no amounts may be transferred under this Section from the | ||||||
15 | Road Fund, the State Construction Account Fund, the Criminal | ||||||
16 | Justice Information Systems Trust Fund, the Wireless Service | ||||||
17 | Emergency Fund, or the Mandatory Arbitration Fund.
| ||||||
18 | In determining the available balance in a fund, the | ||||||
19 | Governor
may include receipts, transfers into the fund, and | ||||||
20 | other
resources anticipated to be available in the fund in that | ||||||
21 | fiscal year.
| ||||||
22 | The State Treasurer and Comptroller shall transfer the | ||||||
23 | amounts designated
under this Section as soon as may be | ||||||
24 | practicable after receiving the direction
to transfer from the | ||||||
25 | Governor.
| ||||||
26 | (b) This Section does not apply to any fund established | ||||||
27 | under the Community Senior Services and Resources Act.
| ||||||
28 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
29 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
30 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
31 | 1-15-05.)".
| ||||||
32 | Section 15. The Illinois Municipal Code is amended by | ||||||
33 | changing Sections 3.1-10-50 and 5-5-1 as follows:
|
| |||||||
| |||||||
1 | (65 ILCS 5/3.1-10-50)
| ||||||
2 | Sec. 3.1-10-50. Vacancies.
| ||||||
3 | (a) A municipal officer may resign from office. A vacancy | ||||||
4 | occurs in an
office by reason of resignation, failure to elect | ||||||
5 | or qualify (in which case
the incumbent shall remain in office | ||||||
6 | until the vacancy is filled),
death, permanent physical or | ||||||
7 | mental disability rendering the person
incapable of performing | ||||||
8 | the duties of his or her office, conviction of a
disqualifying | ||||||
9 | crime, abandonment of office, removal from office,
or removal | ||||||
10 | of residence from the municipality or, in the case of aldermen
| ||||||
11 | of a ward or trustees of a district, removal of residence from | ||||||
12 | the ward or
district, as the case may be.
An admission of guilt | ||||||
13 | of a criminal offense that would, upon conviction,
disqualify | ||||||
14 | the municipal officer from holding that office, in the form of | ||||||
15 | a
written agreement with State or federal prosecutors to plead | ||||||
16 | guilty to
a felony, bribery, perjury, or other infamous crime | ||||||
17 | under State or federal
law, shall constitute a resignation from | ||||||
18 | that office, effective at the time the
plea agreement is made. | ||||||
19 | For purposes of this Section, a conviction for an
offense that | ||||||
20 | disqualifies the municipal officer from holding that office | ||||||
21 | shall
occur on the date of the return of a guilty verdict or, | ||||||
22 | in the case of a trial
by the court, the entry of a finding of | ||||||
23 | guilt.
| ||||||
24 | (b) If a vacancy occurs in an elective municipal office | ||||||
25 | with
a 4-year term and there remains an unexpired portion of | ||||||
26 | the term of at
least 28 months, and the vacancy occurs at least | ||||||
27 | 130 days before the general
municipal election next scheduled | ||||||
28 | under the general election law, the vacancy
shall be filled for | ||||||
29 | the remainder of the term at that general municipal
election. | ||||||
30 | Whenever an election is held for this purpose, the municipal
| ||||||
31 | clerk shall certify the office to be filled and the candidates | ||||||
32 | for the
office to the proper election authorities as provided | ||||||
33 | in the general
election law. If the vacancy is in the office of |
| |||||||
| |||||||
1 | mayor, the city council
shall elect one of their members acting | ||||||
2 | mayor; if the vacancy is in the
office of president, the | ||||||
3 | vacancy shall be filled by the appointment by the trustees of | ||||||
4 | an acting president from the members of
the board of trustees.
| ||||||
5 | In villages with a population of less than 5,000, if each of | ||||||
6 | the members of
the board of trustees either declines the | ||||||
7 | appointment as acting
president or is not approved for the | ||||||
8 | appointment by a majority vote of the
trustees presently | ||||||
9 | holding office, then the
board of trustees may appoint as | ||||||
10 | acting president any other
village resident who is qualified to | ||||||
11 | hold municipal office.
The acting mayor or acting president
| ||||||
12 | shall perform the duties and possess all the rights and powers | ||||||
13 | of the mayor
or president until a successor to fill the vacancy | ||||||
14 | has been elected and has
qualified. If the vacancy is in any | ||||||
15 | other elective municipal office, then until
the office is | ||||||
16 | filled by election, the mayor or president shall appoint a
| ||||||
17 | qualified person to the office subject to the advice and | ||||||
18 | consent of the
city council or trustees.
| ||||||
19 | (c) In a 2 year term, or if the vacancy occurs later than | ||||||
20 | the time provided
in subsection (b) in a 4 year term, a vacancy | ||||||
21 | in the office of mayor shall be
filled by the corporate | ||||||
22 | authorities electing one of their members acting mayor;
if the | ||||||
23 | vacancy is in the office of president, the vacancy shall be | ||||||
24 | filled by
the appointment by the trustees of an acting
| ||||||
25 | president from the members of the board of trustees.
In | ||||||
26 | villages with a population of less than 5,000, if each of the | ||||||
27 | members of
the board of trustees either declines the | ||||||
28 | appointment as acting
president or is not approved for the | ||||||
29 | appointment by a majority vote of the
trustees presently | ||||||
30 | holding office, then the
board of trustees may appoint as | ||||||
31 | acting president any other
village resident who is qualified to | ||||||
32 | hold municipal office.
The acting mayor or
acting president | ||||||
33 | shall perform the duties and possess all the rights and powers
| ||||||
34 | of the mayor or president until a mayor or president is elected |
| |||||||
| |||||||
1 | at the next
general municipal election and has qualified. A | ||||||
2 | vacancy in any elective office
other than mayor or president | ||||||
3 | shall be filled by appointment by the mayor or
president, with | ||||||
4 | the advice and consent of the corporate authorities.
| ||||||
5 | (d) This subsection applies on and after January 1, 2006. | ||||||
6 | The election of an acting mayor or acting president in a | ||||||
7 | municipality with a population under 500,000 does not create a | ||||||
8 | vacancy in the original office of the person on the city | ||||||
9 | council or as a trustee, as the case may be, unless the person | ||||||
10 | resigns from the original office following election as acting | ||||||
11 | mayor
or acting president. If the person resigns from the | ||||||
12 | original office following
election as acting mayor or acting | ||||||
13 | president, then the original office must be filled pursuant to | ||||||
14 | the terms of this Section and the acting mayor or acting | ||||||
15 | president shall
exercise the powers of the mayor or president | ||||||
16 | and shall vote and have veto power in the manner provided by | ||||||
17 | law for a mayor or president. If the person does not resign | ||||||
18 | from
the original office following election as acting mayor or | ||||||
19 | acting president, then the
acting mayor or acting president | ||||||
20 | shall exercise the powers of the mayor or president but shall | ||||||
21 | be entitled to vote only in the manner provided for as the | ||||||
22 | holder of the original office and shall not have the power to | ||||||
23 | veto. If the person does not resign from the
original office | ||||||
24 | following election as acting mayor or acting president, and if | ||||||
25 | that person's original term of office has not expired when a | ||||||
26 | mayor or president is elected and has
qualified for office, the | ||||||
27 | acting mayor or acting president shall return to the original | ||||||
28 | office for the remainder of the term thereof.
| ||||||
29 | (e)
(d) Municipal officers appointed or elected under this | ||||||
30 | Section shall
hold office until their successors are elected | ||||||
31 | and have qualified.
| ||||||
32 | (f)
(e) An appointment to fill a vacancy in the office of | ||||||
33 | alderman shall be
made within 60 days after the vacancy occurs. | ||||||
34 | The requirement that an
appointment be made within 60 days is |
| |||||||
| |||||||
1 | an exclusive power and function of the
State and is a denial | ||||||
2 | and limitation under Article VII, Section 6, subsection
(h) of | ||||||
3 | the Illinois Constitution of the power of a home rule | ||||||
4 | municipality to
require that an appointment be made within a | ||||||
5 | different period after the vacancy
occurs.
| ||||||
6 | (Source: P.A. 90-429, eff. 8-15-97; 90-707, eff. 8-7-98; | ||||||
7 | 91-357, eff.
7-29-99.)
| ||||||
8 | (65 ILCS 5/5-5-1) (from Ch. 24, par. 5-5-1)
| ||||||
9 | Sec. 5-5-1. Petition for abandonment of managerial form; | ||||||
10 | referendum;
succeeding elections of officers and aldermen or | ||||||
11 | trustees.
| ||||||
12 | (a) A city or village that has operated for 4
years or more | ||||||
13 | under the
managerial form of municipal government may abandon | ||||||
14 | that
organization as provided in this Section. For the purposes | ||||||
15 | of this
Article, the
operation of the managerial form of | ||||||
16 | municipal government shall be deemed
to begin on the date of | ||||||
17 | the appointment of the first manager in
the city or village. | ||||||
18 | When a petition for abandonment
signed by electors of the
| ||||||
19 | municipality equal in number to at least 10% of the number of | ||||||
20 | votes cast
for candidates for mayor at the preceding general | ||||||
21 | quadrennial municipal
election is filed with the circuit court | ||||||
22 | for the county in which that
city or village is located, the | ||||||
23 | court shall set a date not less than 10
nor more than 30 days | ||||||
24 | thereafter for a hearing on the sufficiency of the
petition. | ||||||
25 | Notice of the filing of the petition and of the date of the
| ||||||
26 | hearing shall be given in writing to the city or village clerk | ||||||
27 | and to
the mayor or village president at least 7 days before | ||||||
28 | the date of the
hearing. If the petition is found sufficient, | ||||||
29 | the court shall enter an
order directing that the
proposition | ||||||
30 | be submitted at an election other than a primary election for
| ||||||
31 | the municipality. The clerk of the court shall certify the | ||||||
32 | proposition to
the proper election authorities for submission.
| ||||||
33 | The proposition shall be in substantially the following form:
|
| |||||||
| |||||||
1 | Shall (name of city or village) retain the managerial | ||||||
2 | form of municipal government?
| ||||||
3 | (b) If the majority of the votes at the
election are "yes", | ||||||
4 | then the
proposition to abandon is rejected and the | ||||||
5 | municipality shall continue
operating under this Article 5. If | ||||||
6 | the majority of the votes are "no",
then the proposition to | ||||||
7 | abandon operation under this Article 5 is
approved.
| ||||||
8 | (c) If the proposition for abandonment is approved, the | ||||||
9 | city or village
shall become subject to Article 3.1 or Article | ||||||
10 | 4,
whichever Article was in force in the city or village
| ||||||
11 | immediately before the adoption of the plan authorized by this | ||||||
12 | Article 5, upon the
election and qualification of officers to | ||||||
13 | be elected at the next
succeeding general municipal election. | ||||||
14 | Those officers shall be those
prescribed by Article 3.1 or | ||||||
15 | Article 4, as the case may be, but the
change shall not in any | ||||||
16 | manner or degree affect the property rights or
liabilities of | ||||||
17 | the city or village. The mayor, clerk, and treasurer and
all | ||||||
18 | other elected officers of a city or village in office at the | ||||||
19 | time
the proposition for abandonment is approved shall continue | ||||||
20 | in office
until the expiration of the term for which they were | ||||||
21 | elected.
| ||||||
22 | (d) If a city or village operating under this Article 5 has | ||||||
23 | aldermen or
trustees elected from wards or districts and a | ||||||
24 | proposition to abandon operation under this Article 5 is | ||||||
25 | approved, then the officers
to be elected at the next
| ||||||
26 | succeeding general municipal election shall be elected from the | ||||||
27 | same
wards or districts as exist immediately before the | ||||||
28 | abandonment.
| ||||||
29 | (e) If a city or village operating under this Article 5 has | ||||||
30 | a council or
village board elected from the municipality at | ||||||
31 | large and a proposition
to abandon operation under this Article | ||||||
32 | 5 is approved, then
the first group of aldermen,
board of | ||||||
33 | trustees, or commissioners so elected shall be of the same
| ||||||
34 | number as was provided for in the municipality at the time of |
| |||||||
| |||||||
1 | the
adoption of a plan under this Article 5, with the same ward | ||||||
2 | or district
boundaries in cities or villages that immediately | ||||||
3 | before the adoption
of this Article 5 had wards or districts, | ||||||
4 | unless the municipal
boundaries have been changed. If there has | ||||||
5 | been such a change,
the council or village board shall so alter | ||||||
6 | the former ward or district
boundaries so as to conform as | ||||||
7 | nearly as possible to the former
division. If the plan | ||||||
8 | authorized by this Article 5 is
abandoned, the next general | ||||||
9 | municipal election for officers shall be
held at the time | ||||||
10 | specified in Section 3.1-10-75 or
3.1-25-15 for that
election. | ||||||
11 | The aldermen or trustees elected at that election shall, if
the | ||||||
12 | city or village was operating under Article 3 at the time of
| ||||||
13 | adoption of this Article 5 and had at that time staggered 4 | ||||||
14 | year terms
of office for the aldermen or trustees, choose by | ||||||
15 | lot which shall serve
initial 2 year terms as provided by | ||||||
16 | Section 3.1-20-35 or
3.1-15-5, whichever
may be applicable, in | ||||||
17 | the case of election of those officers at
the first
election | ||||||
18 | after a municipality is incorporated.
| ||||||
19 | (f) The proposition to abandon the managerial form of | ||||||
20 | municipal
government shall not be submitted in any city or | ||||||
21 | village oftener than
once in 46
12 months.
| ||||||
22 | (Source: P.A. 93-847, eff. 7-30-04.)
| ||||||
23 | Section 20. The Revised Cities and Villages Act of 1941 is | ||||||
24 | amended by changing Section 21-28 as follows:
| ||||||
25 | (65 ILCS 20/21-28) (from Ch. 24, par. 21-28)
| ||||||
26 | Sec. 21-28. Nomination by petition. | ||||||
27 | (a) All nominations for alderman of any ward in the city | ||||||
28 | shall be by
petition. All petitions for nominations of | ||||||
29 | candidates shall be signed by
such a number of legal voters of | ||||||
30 | the ward as will aggregate not less
than two per cent
of all | ||||||
31 | the votes cast for alderman in such ward at the last preceding
| ||||||
32 | general election. For the election following the redistricting |
| |||||||
| |||||||
1 | of wards
petitions for nominations of candidates shall be | ||||||
2 | signed by the number of
legal voters of the ward as will | ||||||
3 | aggregate not less than 2% of the total
number of votes cast | ||||||
4 | for mayor at the last preceding municipal election
divided by | ||||||
5 | the number of wards. | ||||||
6 | (b) All nominations for mayor, city clerk, and city | ||||||
7 | treasurer in the city shall be by petition. Each petition for | ||||||
8 | nomination of a candidate must be signed by at least 12,500 | ||||||
9 | legal voters of the city.
| ||||||
10 | (c) All such petitions, and procedure with
respect thereto,
| ||||||
11 | shall conform in other respects to the provisions of the | ||||||
12 | election and
ballot laws then in force in the city of Chicago | ||||||
13 | concerning the nomination
of independent candidates for public | ||||||
14 | office by petition. The method of
nomination herein provided is | ||||||
15 | exclusive of and replaces all other methods
heretofore provided | ||||||
16 | by law.
| ||||||
17 | (Source: P.A. 81-1535.)
| ||||||
18 | Section 25. The Illinois Highway Code is amended by | ||||||
19 | changing Section 6-116 as follows:
| ||||||
20 | (605 ILCS 5/6-116) (from Ch. 121, par. 6-116)
| ||||||
21 | Sec. 6-116. Except as otherwise provided in this Section | ||||||
22 | with respect
to highway commissioners of township and | ||||||
23 | consolidated township road districts,
at the election provided | ||||||
24 | by the general election law in 1985 and every 4
years | ||||||
25 | thereafter in all counties, other than counties in which a | ||||||
26 | county
unit road district has been established and other than | ||||||
27 | in Cook County, the
highway commissioner of each road district | ||||||
28 | and the district clerk of each
road district having an elected | ||||||
29 | clerk, shall be elected to hold office for
a term of 4 years, | ||||||
30 | and until his successor is elected and qualified. The
highway | ||||||
31 | commissioner of each road district and the district clerk of | ||||||
32 | each
road district elected in 1979 shall hold office for an |
| |||||||
| |||||||
1 | additional 2 years
and until his successor is elected and has | ||||||
2 | qualified.
| ||||||
3 | In each township and consolidated township road district | ||||||
4 | outside Cook County,
highway commissioners shall be elected at | ||||||
5 | the election provided for such commissioners
by the general | ||||||
6 | election law in 1981 and
every 4 years thereafter to hold | ||||||
7 | office for a term of 4 years and until
his successor is elected | ||||||
8 | and qualified. The highway commissioner of each
road district | ||||||
9 | in Cook County shall be elected at the election provided for
| ||||||
10 | said commissioner by the general election law in 1981 and every | ||||||
11 | 4 years
thereafter for a term of 4 years, and until his | ||||||
12 | successor is elected and qualified.
| ||||||
13 | Each highway commissioner
shall enter upon the duties of | ||||||
14 | his office on the third
first Monday in May
after his election.
| ||||||
15 | In road districts comprised of a single township, the | ||||||
16 | highway commissioner
shall be elected at the election provided | ||||||
17 | for said commissioner by the general
election law. All | ||||||
18 | elections as are provided in this Section shall be conducted
in | ||||||
19 | accordance with the general election law.
| ||||||
20 | (Source: P.A. 83-108.)
| ||||||
21 | Section 30. The Illinois Vehicle Code is amended by | ||||||
22 | changing Section 2-105 as follows:
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23 | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
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24 | Sec. 2-105. Offices of Secretary of State. The Secretary of | ||||||
25 | State shall maintain offices in the State capital and
in such | ||||||
26 | other places in the State as he may deem necessary to properly
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27 | carry out the powers and duties vested in him.
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28 | The Secretary of State may construct and equip one or more | ||||||
29 | buildings in
the State of Illinois outside of the County of | ||||||
30 | Sangamon as he deems
necessary to properly carry out the powers | ||||||
31 | and duties vested in him. The
Secretary of State may, on behalf | ||||||
32 | of the State of Illinois, acquire public
or private property |
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1 | needed therefor by lease, purchase or eminent domain.
The care, | ||||||
2 | custody and control of such sites and buildings constructed
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3 | thereon shall be vested in the Secretary of State. Expenditures | ||||||
4 | for the
construction and equipping of any of such buildings | ||||||
5 | upon premises owned by
another public entity shall not be | ||||||
6 | subject to the provisions of any State
law requiring that the | ||||||
7 | State be vested with absolute fee title to the
premises. The | ||||||
8 | exercise of the authority vested in the Secretary of State by
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9 | this Section is subject to the appropriation of the necessary | ||||||
10 | funds.
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11 | Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of The | ||||||
12 | Election Code,
the Secretary of State shall make driver | ||||||
13 | services facilities available for use as temporary places of | ||||||
14 | registration. Registration
within the offices shall be in the | ||||||
15 | most public, orderly and convenient portions
thereof, and | ||||||
16 | Section 4-3, 5-3, and 11-4 of The Election Code relative
to the | ||||||
17 | attendance of police officers during the conduct of | ||||||
18 | registration
shall apply. Registration under this Section | ||||||
19 | shall be made in the manner
provided by Sections 4-8, 4-10, | ||||||
20 | 5-7, 5-9, 6-34, 6-35, and 6-37 of The
Election Code.
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21 | Within 30 days after the effective date of this amendatory | ||||||
22 | Act of 1990,
and no later than November 1 of each even-numbered | ||||||
23 | year thereafter, the
Secretary of State, to the extent | ||||||
24 | practicable, shall designate to each
election authority in the | ||||||
25 | State a reasonable number of employees at each
driver services | ||||||
26 | facility
registered
to vote
within the
jurisdiction of such | ||||||
27 | election authority and within adjacent election
jurisdictions | ||||||
28 | for appointment as deputy registrars by the election
authority | ||||||
29 | located within the election jurisdiction where the employees
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30 | maintain their residences. Such designation shall be in writing | ||||||
31 | and
certified by the Secretary of State.
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32 | Each person applying at a driver services facility for a | ||||||
33 | driver's
license or permit, a corrected driver's license or | ||||||
34 | permit, an Illinois
identification card or a corrected Illinois |
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1 | identification card
shall be notified that the person may | ||||||
2 | register at such station to vote in
the State
election | ||||||
3 | jurisdiction in which the station is located or in an election
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4 | jurisdiction adjacent to the location of the station and may | ||||||
5 | also
transfer his voter registration at such station to a | ||||||
6 | different
an address in the
State
election jurisdiction within | ||||||
7 | which the station is located or to an address
in an adjacent | ||||||
8 | election jurisdiction . Such notification may be made in
writing | ||||||
9 | or verbally issued by an employee or the Secretary of State.
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10 | The Secretary of State shall promulgate such rules as may | ||||||
11 | be necessary
for the efficient execution of his duties and the | ||||||
12 | duties of his employees
under this amendatory Act of 1990.
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13 | (Source: P.A. 90-89, eff. 1-1-98.)
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14 | Section 90. The State Mandates Act is amended by adding | ||||||
15 | Section 8.29 as
follows:
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16 | (30 ILCS 805/8.29 new)
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17 | Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
18 | of this
Act, no reimbursement by the State is required for the | ||||||
19 | implementation of
any mandate created by this amendatory Act of | ||||||
20 | the 94th General Assembly. | ||||||
21 | Section 95. Severability. The provisions of this | ||||||
22 | amendatory Act of the 94th General Assembly are severable under | ||||||
23 | Section 1.31 of the Statute on Statutes.
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24 | Section 97. No acceleration or delay. Where this Act makes | ||||||
25 | changes in a
statute that is represented in this Act by text | ||||||
26 | that is not yet or no longer in
effect (for example, a Section | ||||||
27 | represented by multiple versions), the use of
that text does | ||||||
28 | not accelerate or delay the taking effect of (i) the changes
| ||||||
29 | made by this Act or (ii) provisions derived from any other | ||||||
30 | Public Act.
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1 | Section 999. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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