|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning elections.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Election Code is amended by changing | ||||||
5 | Sections 4-105, 5-105, 6-105, 12A-10, and 12A-35 as follows: | ||||||
6 | (10 ILCS 5/4-105)
| ||||||
7 | Sec. 4-105. First time voting. A person must vote for the | ||||||
8 | first time in person and not by a mailed absentee ballot if the | ||||||
9 | person registered to vote by mail, unless the person first | ||||||
10 | provides the appropriate election authority with sufficient | ||||||
11 | proof of identity and the election authority verifies the | ||||||
12 | person's proof of identity. Sufficient proof of identity shall | ||||||
13 | be demonstrated by submission of the person's driver's license | ||||||
14 | number or State identification card number or, if the person | ||||||
15 | does not have either of those, verification by the last 4 | ||||||
16 | digits of the person's social security number, a copy of a | ||||||
17 | current and valid photo identification, or a copy of a current | ||||||
18 | utility bill, bank statement, paycheck, government check, or | ||||||
19 | other government document that shows the person's name and | ||||||
20 | address. Persons who apply to register to vote by mail but | ||||||
21 | provide inadequate proof of identity to the election authority | ||||||
22 | shall be notified by the election authority that the | ||||||
23 | registration has not been fully completed and that the person |
| |||||||
| |||||||
1 | remains ineligible to vote by mail or in person until such | ||||||
2 | proof is presented.
If a person registered to vote by mail, the | ||||||
3 | person must vote for the first time in person and not by an | ||||||
4 | absentee ballot, except that the person may vote by absentee | ||||||
5 | ballot in person if the person first provides the appropriate | ||||||
6 | election authority with sufficient proof of identity by the | ||||||
7 | person's driver's license number or State identification card | ||||||
8 | number or, if the person does not have either of those, by the | ||||||
9 | last 4 digits of the person's social security number, a copy of | ||||||
10 | a current and valid photo identification, or a copy of any of | ||||||
11 | the following current documents that show the person's name and | ||||||
12 | address: utility bill, bank statement, paycheck, government | ||||||
13 | check, or other government document.
| ||||||
14 | (Source: P.A. 94-645, eff. 8-22-05.) | ||||||
15 | (10 ILCS 5/5-105)
| ||||||
16 | Sec. 5-105. First time voting. A person must vote for the | ||||||
17 | first time in person and not by a mailed absentee ballot if the | ||||||
18 | person registered to vote by mail, unless the person first | ||||||
19 | provides the appropriate election authority with sufficient | ||||||
20 | proof of identity and the election authority verifies the | ||||||
21 | person's proof of identity. Sufficient proof of identity shall | ||||||
22 | be demonstrated by submission of the person's driver's license | ||||||
23 | number or State identification card number or, if the person | ||||||
24 | does not have either of those, verification by the last 4 | ||||||
25 | digits of the person's social security number, a copy of a |
| |||||||
| |||||||
1 | current and valid photo identification, or a copy of a current | ||||||
2 | utility bill, bank statement, paycheck, government check, or | ||||||
3 | other government document that shows the person's name and | ||||||
4 | address. Persons who apply to register to vote by mail but | ||||||
5 | provide inadequate proof of identity to the election authority | ||||||
6 | shall be notified by the election authority that the | ||||||
7 | registration has not been fully completed and that the person | ||||||
8 | remains ineligible to vote by mail or in person until such | ||||||
9 | proof is presented.
If a person registered to vote by mail, the | ||||||
10 | person must vote for the first time in person and not by an | ||||||
11 | absentee ballot, except that the person may vote by absentee | ||||||
12 | ballot in person if the person first provides the appropriate | ||||||
13 | election authority with sufficient proof of identity by the | ||||||
14 | person's driver's license number or State identification card | ||||||
15 | number or, if the person does not have either of those, by the | ||||||
16 | last 4 digits of the person's social security number, a copy of | ||||||
17 | a current and valid photo identification, or a copy of any of | ||||||
18 | the following current documents that show the person's name and | ||||||
19 | address: utility bill, bank statement, paycheck, government | ||||||
20 | check, or other government document.
| ||||||
21 | (Source: P.A. 94-645, eff. 8-22-05.) | ||||||
22 | (10 ILCS 5/6-105)
| ||||||
23 | Sec. 6-105. First time voting. A person must vote for the | ||||||
24 | first time in person and not by a mailed absentee ballot if the | ||||||
25 | person registered to vote by mail, unless the person first |
| |||||||
| |||||||
1 | provides the appropriate election authority with sufficient | ||||||
2 | proof of identity and the election authority verifies the | ||||||
3 | person's proof of identity. Sufficient proof of identity shall | ||||||
4 | be demonstrated by submission of the person's driver's license | ||||||
5 | number or State identification card number or, if the person | ||||||
6 | does not have either of those, verification by the last 4 | ||||||
7 | digits of the person's social security number, a copy of a | ||||||
8 | current and valid photo identification, or a copy of a current | ||||||
9 | utility bill, bank statement, paycheck, government check, or | ||||||
10 | other government document that shows the person's name and | ||||||
11 | address. Persons who apply to register to vote by mail but | ||||||
12 | provide inadequate proof of identity to the election authority | ||||||
13 | shall be notified by the election authority that the | ||||||
14 | registration has not been fully completed and that the person | ||||||
15 | remains ineligible to vote by mail or in person until such | ||||||
16 | proof is presented.
If a person registered to vote by mail, the | ||||||
17 | person must vote for the first time in person and not by an | ||||||
18 | absentee ballot, except that the person may vote by absentee | ||||||
19 | ballot in person if the person first provides the appropriate | ||||||
20 | election authority with sufficient proof of identity by the | ||||||
21 | person's driver's license number or State identification card | ||||||
22 | number or, if the person does not have either of those, by the | ||||||
23 | last 4 digits of the person's social security number, a copy of | ||||||
24 | a current and valid photo identification, or a copy of any of | ||||||
25 | the following current documents that show the person's name and | ||||||
26 | address: utility bill, bank statement, paycheck, government |
| |||||||
| |||||||
1 | check, or other government document.
| ||||||
2 | (Source: P.A. 94-645, eff. 8-22-05.) | ||||||
3 | (10 ILCS 5/12A-10)
| ||||||
4 | Sec. 12A-10. Candidate statements and photographs in the | ||||||
5 | Internet Guide.
| ||||||
6 | (a) Any candidate whose name appears in the Internet Guide | ||||||
7 | may submit a
written
statement and a photograph to appear in | ||||||
8 | the Internet Guide, provided that:
| ||||||
9 | (1) No personal statement may exceed a brief biography | ||||||
10 | (name, age, education, and current employment) and an | ||||||
11 | additional 400 words.
| ||||||
12 | (2) Personal statements may include contact | ||||||
13 | information for the candidate,
including the address and | ||||||
14 | phone number of the campaign headquarters, and the
| ||||||
15 | candidate's website.
| ||||||
16 | (3) Personal statements may not mention a candidate's | ||||||
17 | opponents by name.
| ||||||
18 | (4) No personal statement may include language that may | ||||||
19 | not be legally
sent
through the mail.
| ||||||
20 | (5) The photograph shall be a conventional photograph | ||||||
21 | with a plain
background
and show only the face, or the | ||||||
22 | head, neck, and shoulders, of the candidate.
| ||||||
23 | (6) The photograph shall not (i) show the candidate's | ||||||
24 | hands, anything in
the
candidate's hands, or the candidate | ||||||
25 | wearing a
judicial robe, a
hat, or a military, police, or |
| |||||||
| |||||||
1 | fraternal uniform or (ii)
include the
uniform or insignia | ||||||
2 | of any organization.
| ||||||
3 | (b) The Board must note in the text of the Internet Guide | ||||||
4 | that personal
statements were
submitted by the candidate or his | ||||||
5 | or her designee and were not edited by the
Board.
| ||||||
6 | (c) Where a candidate declines to submit a statement, the | ||||||
7 | Board may note
that
the
candidate declined to submit a | ||||||
8 | statement.
| ||||||
9 | (d) (Blank.)
The candidate must pay $600 for inclusion of | ||||||
10 | his or her personal
statement
and
photograph, and the Board | ||||||
11 | shall not include photographs or statements from
candidates
who | ||||||
12 | do not pay the fee. The Board may adopt rules for refunding | ||||||
13 | that fee at the
candidate's
request, provided that the Board | ||||||
14 | may not include a statement or photograph from
a
candidate who | ||||||
15 | has requested a refund of a fee. Fees collected pursuant to | ||||||
16 | this subsection shall be deposited into the Voters' Guide Fund, | ||||||
17 | a special fund created in the State treasury. Moneys in the | ||||||
18 | Voters' Guide Fund shall be appropriated solely to the State | ||||||
19 | Board of Elections for use in the implementation and | ||||||
20 | administration of this Article 12A.
| ||||||
21 | (e) Anyone other than the candidate submitting a statement | ||||||
22 | or photograph
from a
candidate must attest that he or she is | ||||||
23 | doing so on behalf and at the direction
of
the
candidate. The | ||||||
24 | Board may assess a civil fine of no more than $1,000 against a
| ||||||
25 | person or entity who falsely
submits a statement or photograph | ||||||
26 | not authorized by the
candidate.
|
| |||||||
| |||||||
1 | (f) Nothing in this Article makes the author of any | ||||||
2 | statement exempt from
any
civil
or
criminal action because of | ||||||
3 | any defamatory statements offered for posting or
contained in
| ||||||
4 | the Internet Guide. The persons writing, signing, or offering a | ||||||
5 | statement for
inclusion in
the Internet Guide are deemed to be | ||||||
6 | its authors and publishers, and the
Board shall not
be liable | ||||||
7 | in any case or action relating to the content of any material
| ||||||
8 | submitted by any
candidate.
| ||||||
9 | (g) The Board may set reasonable deadlines for the | ||||||
10 | submission of personal
statements and
photographs , provided | ||||||
11 | that a deadline may not be less than 5 business
days after
the | ||||||
12 | last day for filing new party petitions .
| ||||||
13 | (h) The Board may set formats for the submission of | ||||||
14 | statements and
photographs. The
Board may require that | ||||||
15 | statements and photographs are submitted in an
electronic | ||||||
16 | format.
| ||||||
17 | (i) Fines
Fees and fines collected pursuant to subsection
| ||||||
18 | subsections (d) and (e) , respectively, of this Section shall be | ||||||
19 | deposited into the Voters' Guide Fund, a special fund created | ||||||
20 | in the State treasury. Moneys in the Voters' Guide Fund shall | ||||||
21 | be appropriated solely to the State Board of Elections for use | ||||||
22 | in the implementation and administration of this Article 12A.
| ||||||
23 | (Source: P.A. 94-645, eff. 8-22-05.) | ||||||
24 | (10 ILCS 5/12A-35)
| ||||||
25 | Sec. 12A-35. Board's review of candidate photograph and |
| |||||||
| |||||||
1 | statement;
procedure
for
revision.
| ||||||
2 | (a) If a candidate files a photograph and statement
under | ||||||
3 | item (8) of Section 12A-5 in a voters' guide, the Board shall | ||||||
4 | review the
photograph and
statement to ensure that they comply | ||||||
5 | with the requirements of Section 12A-10. Review by the Board | ||||||
6 | under this Section shall be limited
to
determining whether the | ||||||
7 | photograph and statement comply with the requirements
of
| ||||||
8 | Section 12A-10 and may not include any determination relating
| ||||||
9 | to the
accuracy or truthfulness of the substance or contents of | ||||||
10 | the materials filed.
| ||||||
11 | (b) The Board shall review each photograph and statement | ||||||
12 | not later than 3
business days
following the deadline for | ||||||
13 | filing a photograph and statement . If the Board
determines
that | ||||||
14 | the photograph or statement of a candidate must be revised in | ||||||
15 | order to
comply with
the requirements of Section 12A-10, the | ||||||
16 | Board
shall
attempt to contact the candidate not later than the | ||||||
17 | 5th day after the deadline
for filing a
photograph and | ||||||
18 | statement . A candidate contacted by the Board under this | ||||||
19 | Section
may
file a revised photograph or statement no later | ||||||
20 | than the 5th
7th business day
following notification
the
| ||||||
21 | deadline for filing a photograph and statement .
| ||||||
22 | (c) If the Board is required to attempt to contact a | ||||||
23 | candidate under
subsection (b) of this
Section, the Board shall | ||||||
24 | attempt to contact the candidate by telephone or by
using an
| ||||||
25 | electronic transmission facsimile machine, if such contact | ||||||
26 | information is
provided by the
candidate.
|
| |||||||
| |||||||
1 | (d) If the Board is unable to contact a candidate, if the | ||||||
2 | candidate does
not file a
revised photograph or statement, or | ||||||
3 | if the revised filing under subsection (b)
again
fails to meet | ||||||
4 | the standards of review set by the Board:
| ||||||
5 | (1) If a photograph does not comply with Section | ||||||
6 | 12A-10, the Board may modify the photograph. The candidate | ||||||
7 | shall pay the
expense
of any modification before | ||||||
8 | publication of the photograph in the voters' guide.
If the
| ||||||
9 | photograph cannot be modified to comply with Section | ||||||
10 | 12A-10,
the photograph shall not be printed in the guide.
| ||||||
11 | (2) If a statement does not comply with Section 12A-10, | ||||||
12 | the statement shall not be published in the voters' guide.
| ||||||
13 | (e) If the photograph or statement of a candidate filed | ||||||
14 | under item (8)
of Section
12A-5 does not comply with a | ||||||
15 | requirement
of Section 12A-10 and the Board does not attempt to | ||||||
16 | contact the
candidate by
the deadline
specified in subsection | ||||||
17 | (b) of this Section, then, for purposes of this Section
only, | ||||||
18 | the
photograph or statement shall be published as filed.
| ||||||
19 | (f) A candidate revising a photograph or statement under | ||||||
20 | this Section shall
make only
those revisions necessary to | ||||||
21 | comply with Section 12A-10.
| ||||||
22 | (g) The Board may by rule define the term "contact" as used | ||||||
23 | in this
Section.
| ||||||
24 | (Source: P.A. 94-645, eff. 8-22-05.)
|