Rep. Barbara Flynn Currie

Filed: 5/15/2012

 

 


 

 


 
09700SB3722ham001LRB097 17968 PJG 69512 a

1
AMENDMENT TO SENATE BILL 3722

2    AMENDMENT NO. ______. Amend Senate Bill 3722 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 4-50, 5-50, 6-100, 9-1.8, 9-1.9, 9-1.15, 9-2, 9-7,
69-8.5, 9-8.6, 9-10, 9-15, 17-9, 18A-5, 19-2.1, 19-3, and 19A-15
7and by adding Section 1-11 as follows:
 
8    (10 ILCS 5/1-11 new)
9    Sec. 1-11. Public university registration and voting. For
10the 2012 general election, each appropriate election authority
11shall conduct grace period registration and early voting in a
12high traffic location on the campus of a public university
13within the election authority's jurisdiction. For the purposes
14of this Section, "public university" means the University of
15Illinois at its campuses in Urbana-Champaign and Springfield,
16Southern Illinois University at its campuses in Carbondale and

 

 

09700SB3722ham001- 2 -LRB097 17968 PJG 69512 a

1Edwardsville, Eastern Illinois University, Illinois State
2University, Northern Illinois University, and Western Illinois
3University at its campuses in Macomb and Moline. The
4registration conducted under this Section shall be available to
5any qualified resident of this State. The registration and
6voting required by this Section to be conducted on campus must
7be conducted as otherwise required by this Code. Each public
8university shall make the space available in a high traffic
9area for, and cooperate and coordinate with the appropriate
10election authority in, the implementation of this Section. This
11Section is repealed on May 31, 2013.
 
12    (10 ILCS 5/4-50)
13    Sec. 4-50. Grace period. Notwithstanding any other
14provision of this Code to the contrary, each election authority
15shall establish procedures for the registration of voters and
16for change of address during the period from the close of
17registration for a primary or election and until the 3rd 7th
18day before the primary or election. During this grace period,
19an unregistered qualified elector may register to vote, and a
20registered voter may submit a change of address form, in person
21in the office of the election authority or at a voter
22registration location specifically designated for this purpose
23by the election authority. The election authority shall
24register that individual, or change a registered voter's
25address, in the same manner as otherwise provided by this

 

 

09700SB3722ham001- 3 -LRB097 17968 PJG 69512 a

1Article for registration and change of address.
2    If a voter who registers or changes address during this
3grace period wishes to vote at the first election or primary
4occurring after the grace period, he or she must do so by grace
5period voting, either in person in the office of the election
6authority or at a location specifically designated for this
7purpose by the election authority, or by mail, at the
8discretion of the election authority. Grace period voting shall
9be in a manner substantially similar to voting under Article
1019.
11    Within one day after a voter casts a grace period ballot,
12the election authority shall transmit the voter's name, street
13address, and precinct, ward, township, and district numbers, as
14the case may be, to the State Board of Elections, which shall
15maintain those names and that information in an electronic
16format on its website, arranged by county and accessible to
17State and local political committees. The name of each person
18issued a grace period ballot shall also be placed on the
19appropriate precinct list of persons to whom absentee and early
20ballots have been issued, for use as provided in Sections 17-9
21and 18-5.
22    A person who casts a grace period ballot shall not be
23permitted to revoke that ballot and vote another ballot with
24respect to that primary or election. Ballots cast by persons
25who register or change address during the grace period must be
26transmitted to and counted at the election authority's central

 

 

09700SB3722ham001- 4 -LRB097 17968 PJG 69512 a

1ballot counting location and shall not be transmitted to and
2counted at precinct polling places. The grace period ballots
3determined to be valid shall be added to the vote totals for
4the precincts for which they were cast in the order in which
5the ballots were opened.
6(Source: P.A. 96-441, eff. 1-1-10.)
 
7    (10 ILCS 5/5-50)
8    Sec. 5-50. Grace period. Notwithstanding any other
9provision of this Code to the contrary, each election authority
10shall establish procedures for the registration of voters and
11for change of address during the period from the close of
12registration for a primary or election and until the 3rd 7th
13day before the primary or election. During this grace period,
14an unregistered qualified elector may register to vote, and a
15registered voter may submit a change of address form, in person
16in the office of the election authority or at a voter
17registration location specifically designated for this purpose
18by the election authority. The election authority shall
19register that individual, or change a registered voter's
20address, in the same manner as otherwise provided by this
21Article for registration and change of address.
22     If a voter who registers or changes address during this
23grace period wishes to vote at the first election or primary
24occurring after the grace period, he or she must do so by grace
25period voting, either in person in the office of the election

 

 

09700SB3722ham001- 5 -LRB097 17968 PJG 69512 a

1authority or at a location specifically designated for this
2purpose by the election authority, or by mail, at the
3discretion of the election authority. Grace period voting shall
4be in a manner substantially similar to voting under Article
519.
6    Within one day after a voter casts a grace period ballot,
7the election authority shall transmit the voter's name, street
8address, and precinct, ward, township, and district numbers, as
9the case may be, to the State Board of Elections, which shall
10maintain those names and that information in an electronic
11format on its website, arranged by county and accessible to
12State and local political committees. The name of each person
13issued a grace period ballot shall also be placed on the
14appropriate precinct list of persons to whom absentee and early
15ballots have been issued, for use as provided in Sections 17-9
16and 18-5.
17    A person who casts a grace period ballot shall not be
18permitted to revoke that ballot and vote another ballot with
19respect to that primary or election. Ballots cast by persons
20who register or change address during the grace period must be
21transmitted to and counted at the election authority's central
22ballot counting location and shall not be transmitted to and
23counted at precinct polling places. The grace period ballots
24determined to be valid shall be added to the vote totals for
25the precincts for which they were cast in the order in which
26the ballots were opened.

 

 

09700SB3722ham001- 6 -LRB097 17968 PJG 69512 a

1(Source: P.A. 96-441, eff. 1-1-10.)
 
2    (10 ILCS 5/6-100)
3    Sec. 6-100. Grace period. Notwithstanding any other
4provision of this Code to the contrary, each election authority
5shall establish procedures for the registration of voters and
6for change of address during the period from the close of
7registration for a primary or election and until the 3rd 7th
8day before the primary or election. During this grace period,
9an unregistered qualified elector may register to vote, and a
10registered voter may submit a change of address form, in person
11in the office of the election authority or at a voter
12registration location specifically designated for this purpose
13by the election authority. The election authority shall
14register that individual, or change a registered voter's
15address, in the same manner as otherwise provided by this
16Article for registration and change of address.
17    If a voter who registers or changes address during this
18grace period wishes to vote at the first election or primary
19occurring after the grace period, he or she must do so by grace
20period voting, either in person in the office of the election
21authority or at a location specifically designated for this
22purpose by the election authority, or by mail, at the
23discretion of the election authority. Grace period voting shall
24be in a manner substantially similar to voting under Article
2519.

 

 

09700SB3722ham001- 7 -LRB097 17968 PJG 69512 a

1    Within one day after a voter casts a grace period ballot,
2the election authority shall transmit the voter's name, street
3address, and precinct, ward, township, and district numbers, as
4the case may be, to the State Board of Elections, which shall
5maintain those names and that information in an electronic
6format on its website, arranged by county and accessible to
7State and local political committees. The name of each person
8issued a grace period ballot shall also be placed on the
9appropriate precinct list of persons to whom absentee and early
10ballots have been issued, for use as provided in Sections 17-9
11and 18-5.
12    A person who casts a grace period ballot shall not be
13permitted to revoke that ballot and vote another ballot with
14respect to that primary or election. Ballots cast by persons
15who register or change address during the grace period must be
16transmitted to and counted at the election authority's central
17ballot counting location and shall not be transmitted to and
18counted at precinct polling places. The grace period ballots
19determined to be valid shall be added to the vote totals for
20the precincts for which they were cast in the order in which
21the ballots were opened.
22(Source: P.A. 96-441, eff. 1-1-10.)
 
23    (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)
24    Sec. 9-1.8. Political committees.
25    (a) "Political committee" includes a candidate political

 

 

09700SB3722ham001- 8 -LRB097 17968 PJG 69512 a

1committee, a political party committee, a political action
2committee, and a ballot initiative committee, and an
3independent expenditure committee.
4    (b) "Candidate political committee" means the candidate
5himself or herself or any natural person, trust, partnership,
6corporation, or other organization or group of persons
7designated by the candidate that accepts contributions or makes
8expenditures during any 12-month period in an aggregate amount
9exceeding $3,000 on behalf of the candidate.
10    (c) "Political party committee" means the State central
11committee of a political party, a county central committee of a
12political party, a legislative caucus committee, or a committee
13formed by a ward or township committeeman of a political party.
14For purposes of this Article, a "legislative caucus committee"
15means a committee established for the purpose of electing
16candidates to the General Assembly by the person elected
17President of the Senate, Minority Leader of the Senate, Speaker
18of the House of Representatives, Minority Leader of the House
19of Representatives, or a committee established by 5 or more
20members of the same caucus of the Senate or 10 or more members
21of the same caucus of the House of Representatives.
22    (d) "Political action committee" means any natural person,
23trust, partnership, committee, association, corporation, or
24other organization or group of persons, other than a candidate,
25political party, candidate political committee, or political
26party committee, that accepts contributions or makes

 

 

09700SB3722ham001- 9 -LRB097 17968 PJG 69512 a

1expenditures during any 12-month period in an aggregate amount
2exceeding $3,000 on behalf of or in opposition to a candidate
3or candidates for public office. "Political action committee"
4includes any natural person, trust, partnership, committee,
5association, corporation, or other organization or group of
6persons, other than a candidate, political party, candidate
7political committee, or political party committee, that makes
8electioneering communications during any 12-month period in an
9aggregate amount exceeding $3,000 related to any candidate or
10candidates for public office.
11    (e) "Ballot initiative committee" means any natural
12person, trust, partnership, committee, association,
13corporation, or other organization or group of persons that
14accepts contributions or makes expenditures during any
1512-month period in an aggregate amount exceeding $3,000 in
16support of or in opposition to any question of public policy to
17be submitted to the electors. "Ballot initiative committee"
18includes any natural person, trust, partnership, committee,
19association, corporation, or other organization or group of
20persons that makes electioneering communications during any
2112-month period in an aggregate amount exceeding $3,000 related
22to any question of public policy to be submitted to the voters.
23The $3,000 threshold applies to any contributions or
24expenditures received or made with the purpose of securing a
25place on the ballot for, advocating the defeat or passage of,
26or engaging in electioneering communication regarding the

 

 

09700SB3722ham001- 10 -LRB097 17968 PJG 69512 a

1question of public policy, regardless of the method of
2initiation of the question of public policy and regardless of
3whether petitions have been circulated or filed with the
4appropriate office or whether the question has been adopted and
5certified by the governing body.
6    (f) "Independent expenditure committee" means any trust,
7partnership, committee, association, corporation, or other
8organization or group of persons that makes independent
9expenditures during any 12-month period in an aggregate amount
10exceeding $3,000 in support of or in opposition to (i) the
11nomination for election, election, retention, or defeat of any
12public official or candidate or (ii) any question of public
13policy to be submitted to the electors. "Independent
14expenditure committee" also includes any trust, partnership,
15committee, association, corporation, or other organization or
16group of persons that makes electioneering communications
17during any 12-month period in an aggregate amount exceeding
18$3,000 related to (i) the nomination for election, election,
19retention, or defeat of any public official or candidate or
20(ii) any question of public policy to be submitted to the
21voters.
22(Source: P.A. 95-963, eff. 1-1-09; 96-832, eff. 1-1-11.)
 
23    (10 ILCS 5/9-1.9)   (from Ch. 46, par. 9-1.9)
24    Sec. 9-1.9. Election cycle. "Election cycle" means any of
25the following:

 

 

09700SB3722ham001- 11 -LRB097 17968 PJG 69512 a

1    (1) For a candidate political committee organized to
2support a candidate to be elected at a general primary election
3or general election, (i) the period beginning January 1
4following the general election for the office to which a
5candidate seeks nomination or election and ending on the day of
6the general primary election for that office or (ii) the period
7beginning the day after a general primary election for the
8office to which the candidate seeks nomination or election and
9through December 31 following the general election.
10    (2) Notwithstanding paragraph (1), for a candidate
11political committee organized to support a candidate for the
12General Assembly, (i) the period beginning January 1 following
13a general election and ending on the day of the next general
14primary election or (ii) the period beginning the day after the
15general primary election and ending on December 31 following a
16general election.
17    (3) For a candidate political committee organized to
18support a candidate for a retention election, (i) the period
19beginning January 1 following the general election at which the
20candidate was elected through the day the candidate files a
21declaration of intent to seek retention or (ii) the period
22beginning the day after the candidate files a declaration of
23intent to seek retention through December 31 following the
24retention election.
25    (4) For a candidate political committee organized to
26support a candidate to be elected at a consolidated primary

 

 

09700SB3722ham001- 12 -LRB097 17968 PJG 69512 a

1election or consolidated election, (i) the period beginning
2July 1 following a consolidated election and ending on the day
3of the consolidated primary election or (ii) the period
4beginning the day after the consolidated primary election and
5ending on June 30 following a consolidated election.
6    (5) For a political party committee, political action
7committee, or ballot initiative committee, or independent
8expenditure committee, the period beginning on January 1 and
9ending on December 31 of each calendar year.
10(Source: P.A. 96-832, eff. 1-1-11.)
 
11    (10 ILCS 5/9-1.15)
12    Sec. 9-1.15. Independent expenditure. "Independent
13expenditure" means any payment, gift, donation, or expenditure
14of funds (i) by a natural person or political committee for the
15purpose of making electioneering communications or of
16expressly advocating for or against the nomination for
17election, election, retention, or defeat of a clearly
18identifiable public official or candidate or for or against any
19question of public policy to be submitted to the voters and
20(ii) that is not made in connection, consultation, or concert
21with or at the request or suggestion of the public official or
22candidate, the public official's or candidate's designated
23political committee or campaign, or the agent or agents of the
24public official, candidate, or political committee or
25campaign.

 

 

09700SB3722ham001- 13 -LRB097 17968 PJG 69512 a

1(Source: P.A. 96-832, eff. 7-1-10.)
 
2    (10 ILCS 5/9-2)  (from Ch. 46, par. 9-2)
3    Sec. 9-2. Political committee designations.
4    (a) Every political committee shall be designated as a (i)
5candidate political committee, (ii) political party committee,
6(iii) political action committee, or (iv) ballot initiative
7committee, or (v) independent expenditure committee.
8    (b) Beginning January 1, 2011, no public official or
9candidate for public office may maintain or establish more than
10one candidate political committee for each office that public
11official or candidate holds or is seeking. The name of each
12candidate political committee shall identify the name of the
13public official or candidate supported by the candidate
14political committee. If a candidate establishes separate
15candidate political committees for each public office, the name
16of each candidate political committee shall also include the
17public office to which the candidate seeks nomination for
18election, election, or retention. If a candidate establishes
19one candidate political committee for multiple offices elected
20at different elections, then the candidate shall designate an
21election cycle, as defined in Section 9-1.9, for purposes of
22contribution limitations and reporting requirements set forth
23in this Article. No political committee, other than a candidate
24political committee, may include the name of a candidate in its
25name.

 

 

09700SB3722ham001- 14 -LRB097 17968 PJG 69512 a

1    (c) Beginning January 1, 2011, no State central committee
2of a political party, county central committee of a political
3party, committee formed by a ward or township committeeman, or
4committee established for the purpose of electing candidates to
5the General Assembly may maintain or establish more than one
6political party committee. The name of the committee must
7include the name of the political party.
8    (d) Beginning January 1, 2011, no natural person, trust,
9partnership, committee, association, corporation, or other
10organization or group of persons forming a political action
11committee shall maintain or establish more than one political
12action committee. The name of a political action committee must
13include the name of the entity forming the committee.
14    (e) Beginning January 1, 2011, the name of a ballot
15initiative committee must include words describing the
16question of public policy and whether the group supports or
17opposes the question.
18    (f) Every political committee shall designate a chairman
19and a treasurer. The same person may serve as both chairman and
20treasurer of any political committee. A candidate who
21administers his own campaign contributions and expenditures
22shall be deemed a political committee for purposes of this
23Article and shall designate himself as chairman, treasurer, or
24both chairman and treasurer of such political committee. The
25treasurer of a political committee shall be responsible for
26keeping the records and filing the statements and reports

 

 

09700SB3722ham001- 15 -LRB097 17968 PJG 69512 a

1required by this Article.
2    (g) No contribution and no expenditure shall be accepted or
3made by or on behalf of a political committee at a time when
4there is a vacancy in the office of chairman or treasurer
5thereof. No expenditure shall be made for or on behalf of a
6political committee without the authorization of its chairman
7or treasurer, or their designated agents.
8    (h) For purposes of implementing the changes made by this
9amendatory Act of the 96th General Assembly, every political
10committee in existence on the effective date of this amendatory
11Act of the 96th General Assembly shall make the designation
12required by this Section by December 31, 2010.
13(Source: P.A. 96-832, eff. 7-1-10.)
 
14    (10 ILCS 5/9-7)  (from Ch. 46, par. 9-7)
15    Sec. 9-7. Records and accounts.
16    (1) Except as provided in subsection (2), the The treasurer
17of a political committee shall keep a detailed and exact
18account of-
19        (a) the total of all contributions made to or for the
20    committee;
21        (b) the full name and mailing address of every person
22    making a contribution and the date and amount thereof;
23        (c) the total of all expenditures made by or on behalf
24    of the committee;
25        (d) the full name and mailing address of every person

 

 

09700SB3722ham001- 16 -LRB097 17968 PJG 69512 a

1    to whom any expenditure is made, and the date and amount
2    thereof;
3        (e) proof of payment, stating the particulars, for
4    every expenditure made by or on behalf of the committee.
5    The treasurer shall preserve all records and accounts
6required by this section for a period of 2 years.
7    (2) The treasurer of a political committee shall keep a
8detailed and exact account of the total amount of contributions
9made to or for a committee at an event licensed under Section
108.1 of the Raffles Act. For an event licensed under Section
118.1, the treasurer is not required to keep a detailed and exact
12account of the full name and mailing address of a person who
13purchases tickets at the event in an amount that does not
14exceed $150.
15(Source: P.A. 96-832, eff. 1-1-11.)
 
16    (10 ILCS 5/9-8.5)
17    Sec. 9-8.5. Limitations on campaign contributions.
18    (a) It is unlawful for a political committee to accept
19contributions except as provided in this Section.
20    (b) During an election cycle, a candidate political
21committee may not accept contributions with an aggregate value
22over the following: (i) $5,000 from any individual, (ii)
23$10,000 from any corporation, labor organization, or
24association, or (iii) $50,000 from a candidate political
25committee or political action committee. A candidate political

 

 

09700SB3722ham001- 17 -LRB097 17968 PJG 69512 a

1committee may accept contributions in any amount from a
2political party committee except during an election cycle in
3which the candidate seeks nomination at a primary election.
4During an election cycle in which the candidate seeks
5nomination at a primary election, a candidate political
6committee may not accept contributions from political party
7committees with an aggregate value over the following: (i)
8$200,000 for a candidate political committee established to
9support a candidate seeking nomination to statewide office,
10(ii) $125,000 for a candidate political committee established
11to support a candidate seeking nomination to the Senate, the
12Supreme Court or Appellate Court in the First Judicial
13District, or an office elected by all voters in a county with
141,000,000 or more residents, (iii) $75,000 for a candidate
15political committee established to support a candidate seeking
16nomination to the House of Representatives, the Supreme Court
17or Appellate Court for a Judicial District other than the First
18Judicial District, an office elected by all voters of a county
19of fewer than 1,000,000 residents, and municipal and county
20offices in Cook County other than those elected by all voters
21of Cook County, and (iv) $50,000 for a candidate political
22committee established to support the nomination of a candidate
23to any other office. A candidate political committee
24established to elect a candidate to the General Assembly may
25accept contributions from only one legislative caucus
26committee. A candidate political committee may not accept

 

 

09700SB3722ham001- 18 -LRB097 17968 PJG 69512 a

1contributions from a ballot initiative committee.
2    (c) During an election cycle, a political party committee
3may not accept contributions with an aggregate value over the
4following: (i) $10,000 from any individual, (ii) $20,000 from
5any corporation, labor organization, or association, or (iii)
6$50,000 from a political action committee. A political party
7committee may accept contributions in any amount from another
8political party committee or a candidate political committee,
9except as provided in subsection (c-5). Nothing in this Section
10shall limit the amounts that may be transferred between a State
11political party committee established under subsection (a) of
12Section 7-8 of this Code and an affiliated federal political
13committee established under the Federal Election Code by the
14same political party. A political party committee may not
15accept contributions from a ballot initiative committee. A
16political party committee established by a legislative caucus
17may not accept contributions from another political party
18committee established by a legislative caucus.
19    (c-5) During the period beginning on the date candidates
20may begin circulating petitions for a primary election and
21ending on the day of the primary election, a political party
22committee may not accept contributions with an aggregate value
23over $50,000 from a candidate political committee or political
24party committee. A political party committee may accept
25contributions in any amount from a candidate political
26committee or political party committee if the political party

 

 

09700SB3722ham001- 19 -LRB097 17968 PJG 69512 a

1committee receiving the contribution filed a statement of
2nonparticipation in the primary as provided in subsection
3(c-10). The Task Force on Campaign Finance Reform shall study
4and make recommendations on the provisions of this subsection
5to the Governor and General Assembly by September 30, 2012.
6This subsection becomes inoperative on July 1, 2013 and
7thereafter no longer applies.
8    (c-10) A political party committee that does not intend to
9make contributions to candidates to be nominated at a general
10primary election or consolidated primary election may file a
11Statement of Nonparticipation in a Primary Election with the
12Board. The Statement of Nonparticipation shall include a
13verification signed by the chairperson and treasurer of the
14committee that (i) the committee will not make contributions or
15coordinated expenditures in support of or opposition to a
16candidate or candidates to be nominated at the general primary
17election or consolidated primary election (select one) to be
18held on (insert date), (ii) the political party committee may
19accept unlimited contributions from candidate political
20committees and political party committees, provided that the
21political party committee does not make contributions to a
22candidate or candidates to be nominated at the primary
23election, and (iii) failure to abide by these requirements
24shall deem the political party committee in violation of this
25Article and subject the committee to a fine of no more than
26150% of the total contributions or coordinated expenditures

 

 

09700SB3722ham001- 20 -LRB097 17968 PJG 69512 a

1made by the committee in violation of this Article. This
2subsection becomes inoperative on July 1, 2013 and thereafter
3no longer applies.
4    (d) During an election cycle, a political action committee
5may not accept contributions with an aggregate value over the
6following: (i) $10,000 from any individual, (ii) $20,000 from
7any corporation, labor organization, political party
8committee, or association, or (iii) $50,000 from a political
9action committee or candidate political committee. A political
10action committee may not accept contributions from a ballot
11initiative committee.
12    (e) A ballot initiative committee or independent
13expenditure committee may accept contributions in any amount
14from any source, provided that the committee files the document
15required by Section 9-3 of this Article and files the
16disclosure reports required by the provisions of this Article.
17    (f) Nothing in this Section shall prohibit a political
18committee from dividing the proceeds of joint fundraising
19efforts; provided that no political committee may receive more
20than the limit from any one contributor.
21    (g) On January 1 of each odd-numbered year, the State Board
22of Elections shall adjust the amounts of the contribution
23limitations established in this Section for inflation as
24determined by the Consumer Price Index for All Urban Consumers
25as issued by the United States Department of Labor and rounded
26to the nearest $100. The State Board shall publish this

 

 

09700SB3722ham001- 21 -LRB097 17968 PJG 69512 a

1information on its official website.
2    (h) Self-funding candidates. If a public official, a
3candidate, or the public official's or candidate's immediate
4family contributes or loans to the public official's or
5candidate's political committee or to other political
6committees that transfer funds to the public official's or
7candidate's political committee or makes independent
8expenditures for the benefit of the public official's or
9candidate's campaign during the 12 months prior to an election
10in an aggregate amount of more than (i) $250,000 for statewide
11office or (ii) $100,000 for all other elective offices, then
12the public official or candidate shall file with the State
13Board of Elections, within one day, a Notification of
14Self-funding that shall detail each contribution or loan made
15by the public official, the candidate, or the public official's
16or candidate's immediate family. Within 2 business days after
17the filing of a Notification of Self-funding, the notification
18shall be posted on the Board's website and the Board shall give
19official notice of the filing to each candidate for the same
20office as the public official or candidate making the filing,
21including the public official or candidate filing the
22Notification of Self-funding. Upon receiving notice from the
23Board, all candidates for that office, including the public
24official or candidate who filed a Notification of Self-funding,
25shall be permitted to accept contributions in excess of any
26contribution limits imposed by subsection (b). For the purposes

 

 

09700SB3722ham001- 22 -LRB097 17968 PJG 69512 a

1of this subsection, "immediate family" means the spouse,
2parent, or child of a public official or candidate.
3    (h-5) If a natural person or independent expenditure
4committee makes independent expenditures for the benefit of the
5campaign of a particular public official or candidate in an
6aggregate amount of more than (i) $250,000 for statewide office
7or (ii) $100,000 for all other elective offices in an election
8cycle, as reported in a written disclosure filed under
9subsection (a) of Section 9-8.6 or subsection (e-5) of Section
109-10, then the State Board of Elections shall, within 2
11business days after the filing of the disclosure, post the
12disclosure on the Board's website and give official notice of
13the disclosure to each candidate for the same office as the
14public official or candidate for whose benefit the natural
15person or independent expenditure committee made independent
16expenditures. Upon receiving notice from the Board, all
17candidates for that office in that election, including the
18public official or candidate for whose benefit the natural
19person or independent expenditure committee made independent
20expenditures, shall be permitted to accept contributions in
21excess of any contribution limits imposed by subsection (b).
22    (i) For the purposes of this Section, a corporation, labor
23organization, association, or a political action committee
24established by a corporation, labor organization, or
25association may act as a conduit in facilitating the delivery
26to a political action committee of contributions made through

 

 

09700SB3722ham001- 23 -LRB097 17968 PJG 69512 a

1dues, levies, or similar assessments and the political action
2committee may report the contributions in the aggregate,
3provided that: (i) contributions made through the dues, levies,
4or similar assessments paid by any natural person, corporation,
5labor organization, or association in a calendar year may not
6exceed the limits set forth in this Section; and (ii) the
7corporation, labor organization, association, or a political
8action committee established by a corporation, labor
9organization, or association facilitating the delivery of
10contributions maintains a list of natural persons,
11corporations, labor organizations, and associations that paid
12the dues, levies, or similar assessments from which the
13contributions comprising the aggregate amount derive; and
14(iii) contributions made through dues, levies, or similar
15assessments paid by any natural person, corporation, labor
16organization, or association that exceed $500 in a quarterly
17reporting period shall be itemized on the committee's quarterly
18report and may not be reported in the aggregate. A political
19action committee facilitating the delivery of contributions or
20receiving contributions shall disclose the amount of
21contributions made through dues delivered or received and the
22name of the corporation, labor organization, association, or
23political action committee delivering the contributions, if
24applicable. On January 1 of each odd-numbered year, the State
25Board of Elections shall adjust the amounts of the contribution
26limitations established in this subsection for inflation as

 

 

09700SB3722ham001- 24 -LRB097 17968 PJG 69512 a

1determined by the Consumer Price Index for All Urban Consumers
2as issued by the United States Department of Labor and rounded
3to the nearest $100. The State Board shall publish this
4information on its official website.
5    (j) A political committee that receives a contribution or
6transfer in violation of this Section shall dispose of the
7contribution or transfer by returning the contribution or
8transfer, or an amount equal to the contribution or transfer,
9to the contributor or transferor or donating the contribution
10or transfer, or an amount equal to the contribution or
11transfer, to a charity. A contribution or transfer received in
12violation of this Section that is not disposed of as provided
13in this subsection within 15 days after the political committee
14receives notification of the excess contribution from the Board
15its receipt shall escheat to the General Revenue Fund and the
16political committee shall be deemed in violation of this
17Section and subject to a civil penalty not to exceed 150% of
18the total amount of the contribution.
19    (k) For the purposes of this Section, "statewide office"
20means the Governor, Lieutenant Governor, Attorney General,
21Secretary of State, Comptroller, and Treasurer.
22    (l) This Section is repealed if and when the United States
23Supreme Court invalidates contribution limits on committees
24formed to assist candidates, political parties, corporations,
25associations, or labor organizations established by or
26pursuant to federal law.

 

 

09700SB3722ham001- 25 -LRB097 17968 PJG 69512 a

1(Source: P.A. 96-832, eff. 1-1-11.)
 
2    (10 ILCS 5/9-8.6)
3    Sec. 9-8.6. Independent expenditures.
4    (a) An independent expenditure is not considered a
5contribution to a political committee. An expenditure made by a
6natural person or political committee for an electioneering
7communication in connection, consultation, or concert with or
8at the request or suggestion of the public official or
9candidate, the public official's or candidate's candidate
10political committee, or the agent or agents of the public
11official, candidate, or political committee or campaign shall
12not be considered an independent expenditure but rather shall
13be considered a contribution to the public official's or
14candidate's candidate political committee.
15    A natural person who makes an independent expenditure
16supporting or opposing a public official or candidate that,
17alone or in combination with any other independent expenditure
18made by that natural person supporting or opposing that public
19official or candidate during any 12-month period, equals an
20aggregate value of at least $3,000 must file a written
21disclosure with the State Board of Elections within 2 business
22days after making any expenditure that results in the natural
23person meeting or exceeding the $3,000 threshold. A natural
24person who makes an independent expenditure supporting or
25opposing a public official or candidate that, alone or in

 

 

09700SB3722ham001- 26 -LRB097 17968 PJG 69512 a

1combination with any other independent expenditure made by that
2natural person supporting or opposing that public official or
3candidate during the election cycle, equals an aggregate value
4of more than (i) $250,000 for statewide office or (ii) $100,000
5for all other elective offices must file a written disclosure
6with the State Board of Elections within 2 business days after
7making any expenditure that results in the natural person
8exceeding the applicable threshold. Each disclosure must
9identify the natural person, the public official or candidate
10supported or opposed, the date, amount, and nature of each
11independent expenditure, and the natural person's occupation
12and employer.
13    (b) Any entity other than a natural person that makes
14expenditures of any kind in an aggregate amount exceeding
15$3,000 during any 12-month period supporting or opposing a
16public official or candidate must organize as a political
17committee in accordance with this Article.
18    (c) Every political committee that makes independent
19expenditures must report all such independent expenditures as
20required under Section 9-10 of this Article.
21(Source: P.A. 96-832, eff. 7-1-10.)
 
22    (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
23    Sec. 9-10. Disclosure of contributions and expenditures.
24    (a) The treasurer of every political committee shall file
25with the Board reports of campaign contributions and

 

 

09700SB3722ham001- 27 -LRB097 17968 PJG 69512 a

1expenditures as required by this Section on forms to be
2prescribed or approved by the Board.
3    (b) Every political committee shall file quarterly reports
4of campaign contributions, expenditures, and independent
5expenditures. The reports shall cover the period January 1
6through March 31, April 1 through June 30, July 1 through
7September 30, and October 1 through December 31 of each year. A
8political committee shall file quarterly reports no later than
9the 15th day of the month following each period. Reports of
10contributions and expenditures must be filed to cover the
11prescribed time periods even though no contributions or
12expenditures may have been received or made during the period.
13The Board shall assess a civil penalty not to exceed $5,000 for
14failure to file a report required by this subsection. The fine,
15however, shall not exceed $1,000 for a first violation if the
16committee files less than 10 days after the deadline. There
17shall be no fine if the report is mailed and postmarked at
18least 72 hours prior to the filing deadline. When considering
19the amount of the fine to be imposed, the Board shall consider
20whether the violation was committed inadvertently,
21negligently, knowingly, or intentionally and any past
22violations of this Section.
23    (c) A political committee shall file a report of any
24contribution of $1,000 or more electronically with the Board
25within 5 business days after receipt of the contribution,
26except that the report shall be filed within 2 business days

 

 

09700SB3722ham001- 28 -LRB097 17968 PJG 69512 a

1after receipt if (i) the contribution is received 30 or fewer
2days before the date of an election and (ii) the political
3committee supports or opposes a candidate or public question on
4the ballot at that election or makes expenditures in excess of
5$500 on behalf of or in opposition to a candidate, candidates,
6a public question, or public questions on the ballot at that
7election. The State Board shall allow filings of reports of
8contributions of $1,000 or more by political committees that
9are not required to file electronically to be made by facsimile
10transmission. The Board shall assess a civil penalty for
11failure to file a report required by this subsection. Failure
12to report each contribution is a separate violation of this
13subsection. The Board shall impose fines for willful or wanton
14violations of this subsection (c) not to exceed 150% of the
15total amount of the contributions that were untimely reported,
16but in no case shall it be less than 10% of the total amount of
17the contributions that were untimely reported. When
18considering the amount of the fine to be imposed for willful or
19wanton violations, the Board shall consider the number of days
20the contribution was reported late and past violations of this
21Section and Section 9-3. The Board may impose a fine for
22negligent or inadvertent violations of this subsection not to
23exceed 50% of the total amount of the contributions that were
24untimely reported, or the Board may waive the fine. When
25considering whether to impose a fine and the amount of the
26fine, the Board shall consider the following factors: (1)

 

 

09700SB3722ham001- 29 -LRB097 17968 PJG 69512 a

1whether the political committee made an attempt to disclose the
2contribution and any attempts made to correct the violation,
3(2) whether the violation is attributed to a clerical or
4computer error, (3) the amount of the contribution, (4) whether
5the violation arose from a discrepancy between the date the
6contribution was reported transferred by a political committee
7and the date the contribution was received by a political
8committee, (5) the number of days the contribution was reported
9late, and (6) past violations of this Section and Section 9-3
10by the political committee.
11    (d) For the purpose of this Section, a contribution is
12considered received on the date (i) a monetary contribution was
13deposited in a bank, financial institution, or other repository
14of funds for the committee, (ii) the date a committee receives
15notice a monetary contribution was deposited by an entity used
16to process financial transactions by credit card or other
17entity used for processing a monetary contribution that was
18deposited in a bank, financial institution, or other repository
19of funds for the committee, or (iii) the public official,
20candidate, or political committee receives the notification of
21contribution of goods or services as required under subsection
22(b) of Section 9-6.
23    (e) A political committee that makes independent
24expenditures of $1,000 or more during the period 30 days or
25fewer before an election shall electronically file a report
26with the Board within 5 business days after making the

 

 

09700SB3722ham001- 30 -LRB097 17968 PJG 69512 a

1independent expenditure. The report shall contain the
2information required in Section 9-11(c) of this Article.
3    (e-5) An independent expenditure committee that makes an
4independent expenditure supporting or opposing a public
5official or candidate that, alone or in combination with any
6other independent expenditure made by that independent
7expenditure committee supporting or opposing that public
8official or candidate during the election cycle, equals an
9aggregate value of more than (i) $250,000 for statewide office
10or (ii) $100,000 for all other elective offices must file a
11written disclosure with the State Board of Elections within 2
12business days after making any expenditure that results in the
13independent expenditure committee exceeding the applicable
14threshold.
15    (f) A copy of each report or statement filed under this
16Article shall be preserved by the person filing it for a period
17of two years from the date of filing.
18(Source: P.A. 95-6, eff. 6-20-07; 95-957, eff. 1-1-09; 96-832,
19eff. 1-1-11.)
 
20    (10 ILCS 5/9-15)  (from Ch. 46, par. 9-15)
21    Sec. 9-15. It shall be the duty of the Board-
22        (1) to develop prescribed forms for filing statements
23    of organization and required reports;
24        (2) to prepare, publish, and furnish to the appropriate
25    persons a manual of instructions setting forth recommended

 

 

09700SB3722ham001- 31 -LRB097 17968 PJG 69512 a

1    uniform methods of bookkeeping and reporting under this
2    Article;
3        (3) to prescribe suitable rules and regulations to
4    carry out the provisions of this Article. Such rules and
5    regulations shall be published and made available to the
6    public;
7        (4) to send by first class mail, after the general
8    primary election in even numbered years, to the chairman of
9    each regularly constituted State central committee, county
10    central committee and, in counties with a population of
11    more than 3,000,000, to the committeemen of each township
12    and ward organization of each political party notice of
13    their obligations under this Article, along with a form for
14    filing the statement of organization;
15        (5) to promptly make all reports and statements filed
16    under this Article available for public inspection and
17    copying no later than 2 business days after their receipt
18    and to permit copying of any such report or statement at
19    the expense of the person requesting the copy;
20        (6) to develop a filing, coding, and cross-indexing
21    system consistent with the purposes of this Article;
22        (7) to compile and maintain a list of all statements or
23    parts of statements pertaining to each candidate;
24        (8) to prepare and publish such reports as the Board
25    may deem appropriate; and
26        (9) to annually notify each political committee that

 

 

09700SB3722ham001- 32 -LRB097 17968 PJG 69512 a

1    has filed a statement of organization with the Board of the
2    filing dates for each quarterly report, provided that such
3    notification shall be made by first-class mail unless the
4    political committee opts to receive notification
5    electronically via email; and .
6        (10) to promptly send, by certified mail directed only
7    to the officers of a political committee, written notice of
8    any fine or penalty assessed or imposed against the
9    political committee under this Article.
10(Source: P.A. 96-1263, eff. 1-1-11.)
 
11    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)
12    Sec. 17-9. Any person desiring to vote shall give his name
13and, if required to do so, his residence to the judges of
14election, one of whom shall thereupon announce the same in a
15loud and distinct tone of voice, clear, and audible; the judges
16of elections shall check each application for ballot against
17the list of voters registered in that precinct to whom grace
18period, absentee, or early ballots have been issued for that
19election, which shall be provided by the election authority and
20which list shall be available for inspection by pollwatchers. A
21voter applying to vote in the precinct on election day whose
22name appears on the list as having been issued a grace period,
23absentee, or early ballot shall not be permitted to vote in the
24precinct, except that a voter to whom an absentee ballot was
25issued may vote in the precinct if the voter submits to the

 

 

09700SB3722ham001- 33 -LRB097 17968 PJG 69512 a

1election judges that absentee ballot for cancellation. If the
2voter is unable to submit the absentee ballot, it shall be
3sufficient for the voter to submit to the election judges (i) a
4portion of the absentee ballot if the absentee ballot was torn
5or mutilated or (ii) an affidavit executed before the election
6judges specifying that (A) the voter never received an absentee
7ballot, or (B) the voter completed and returned an absentee
8ballot and was informed that the election authority did not
9receive that absentee ballot, or (C) the voter received the
10absentee ballot but did not return the absentee ballot to the
11election authority. All applicable provisions of Articles 4, 5
12or 6 shall be complied with and if such name is found on the
13register of voters by the officer having charge thereof, he
14shall likewise repeat said name, and the voter shall be allowed
15to enter within the proximity of the voting booths, as above
16provided. One of the judges shall give the voter one, and only
17one of each ballot to be voted at the election, on the back of
18which ballots such judge shall indorse his initials in such
19manner that they may be seen when each such ballot is properly
20folded, and the voter's name shall be immediately checked on
21the register list. In those election jurisdictions where
22perforated ballot cards are utilized of the type on which
23write-in votes can be cast above the perforation, the election
24authority shall provide a space both above and below the
25perforation for the judge's initials, and the judge shall
26endorse his or her initials in both spaces. Whenever a proposal

 

 

09700SB3722ham001- 34 -LRB097 17968 PJG 69512 a

1for a constitutional amendment or for the calling of a
2constitutional convention is to be voted upon at the election,
3the separate blue ballot or ballots pertaining thereto shall,
4when being handed to the voter, be placed on top of the other
5ballots to be voted at the election in such manner that the
6legend appearing on the back thereof, as prescribed in Section
716-6 of this Act, shall be plainly visible to the voter. At all
8elections, when a registry may be required, if the name of any
9person so desiring to vote at such election is not found on the
10register of voters, he or she shall not receive a ballot until
11he or she shall have complied with the law prescribing the
12manner and conditions of voting by unregistered voters. If any
13person desiring to vote at any election shall be challenged, he
14or she shall not receive a ballot until he or she shall have
15established his right to vote in the manner provided
16hereinafter; and if he or she shall be challenged after he has
17received his ballot, he shall not be permitted to vote until he
18or she has fully complied with such requirements of the law
19upon being challenged. Besides the election officer, not more
20than 2 voters in excess of the whole number of voting booths
21provided shall be allowed within the proximity of the voting
22booths at one time. The provisions of this Act, so far as they
23require the registration of voters as a condition to their
24being allowed to vote shall not apply to persons otherwise
25entitled to vote, who are, at the time of the election, or at
26any time within 60 days prior to such election have been

 

 

09700SB3722ham001- 35 -LRB097 17968 PJG 69512 a

1engaged in the military or naval service of the United States,
2and who appear personally at the polling place on election day
3and produce to the judges of election satisfactory evidence
4thereof, but such persons, if otherwise qualified to vote,
5shall be permitted to vote at such election without previous
6registration.
7    All such persons shall also make an affidavit which shall
8be in substantially the following form:
9State of Illinois,)
10                  ) ss.
11County of ........)
12............... Precinct   .......... Ward
13    I, ...., do solemnly swear (or affirm) that I am a citizen
14of the United States, of the age of 18 years or over, and that
15within the past 60 days prior to the date of this election at
16which I am applying to vote, I have been engaged in the ....
17(military or naval) service of the United States; and I am
18qualified to vote under and by virtue of the Constitution and
19laws of the State of Illinois, and that I am a legally
20qualified voter of this precinct and ward except that I have,
21because of such service, been unable to register as a voter;
22that I now reside at .... (insert street and number, if any) in
23this precinct and ward; that I have maintained a legal
24residence in this precinct and ward for 30 days and in this
25State 30 days next preceding this election.
26
.........................

 

 

09700SB3722ham001- 36 -LRB097 17968 PJG 69512 a

1    Subscribed and sworn to before me on (insert date).
2
.........................
3
Judge of Election.

 
4    The affidavit of any such person shall be supported by the
5affidavit of a resident and qualified voter of any such
6precinct and ward, which affidavit shall be in substantially
7the following form:
8State of Illinois,)
9                  ) ss.
10County of ........)
11........... Precinct   ........... Ward
12    I, ...., do solemnly swear (or affirm), that I am a
13resident of this precinct and ward and entitled to vote at this
14election; that I am acquainted with .... (name of the
15applicant); that I verily believe him to be an actual bona fide
16resident of this precinct and ward and that I verily believe
17that he or she has maintained a legal residence therein 30 days
18and in this State 30 days next preceding this election.
19
.........................
20    Subscribed and sworn to before me on (insert date).
21
.........................
22
Judge of Election.

 
23    All affidavits made under the provisions of this Section
24shall be enclosed in a separate envelope securely sealed, and

 

 

09700SB3722ham001- 37 -LRB097 17968 PJG 69512 a

1shall be transmitted with the returns of the elections to the
2county clerk or to the board of election commissioners, who
3shall preserve the said affidavits for the period of 6 months,
4during which period such affidavits shall be deemed public
5records and shall be freely open to examination as such.
6(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
7    (10 ILCS 5/18A-5)
8    Sec. 18A-5. Provisional voting; general provisions.
9    (a) A person who claims to be a registered voter is
10entitled to cast a provisional ballot under the following
11circumstances:
12        (1) The person's name does not appear on the official
13    list of eligible voters for the precinct in which the
14    person seeks to vote. The official list is the centralized
15    statewide voter registration list established and
16    maintained in accordance with Section 1A-25;
17        (2) The person's voting status has been challenged by
18    an election judge, a pollwatcher, or any legal voter and
19    that challenge has been sustained by a majority of the
20    election judges;
21        (3) A federal or State court order extends the time for
22    closing the polls beyond the time period established by
23    State law and the person votes during the extended time
24    period; or
25        (4) The voter registered to vote by mail and is

 

 

09700SB3722ham001- 38 -LRB097 17968 PJG 69512 a

1    required by law to present identification when voting
2    either in person or by absentee ballot, but fails to do so;
3    or .
4        (5) The voter's name appears on the list of voters who
5    voted during the early voting period, but the voter claims
6    not to have voted during the early voting period.
7    (b) The procedure for obtaining and casting a provisional
8ballot at the polling place shall be as follows:
9        (1) After first verifying through an examination of the
10    precinct register that the person's address is within the
11    precinct boundaries, an election judge at the polling place
12    shall notify a person who is entitled to cast a provisional
13    ballot pursuant to subsection (a) that he or she may cast a
14    provisional ballot in that election. An election judge must
15    accept any information provided by a person who casts a
16    provisional ballot that the person believes supports his or
17    her claim that he or she is a duly registered voter and
18    qualified to vote in the election. However, if the person's
19    residence address is outside the precinct boundaries, the
20    election judge shall inform the person of that fact, give
21    the person the appropriate telephone number of the election
22    authority in order to locate the polling place assigned to
23    serve that address, and instruct the person to go to the
24    proper polling place to vote.
25        (2) The person shall execute a written form provided by
26    the election judge that shall state or contain all of the

 

 

09700SB3722ham001- 39 -LRB097 17968 PJG 69512 a

1    following that is available:
2        (i) an affidavit stating the following:
3            State of Illinois, County of ................,
4        Township ............., Precinct ........, Ward
5        ........, I, ......................., do solemnly
6        swear (or affirm) that: I am a citizen of the United
7        States; I am 18 years of age or older; I have resided
8        in this State and in this precinct for 30 days
9        preceding this election; I have not voted in this
10        election; I am a duly registered voter in every
11        respect; and I am eligible to vote in this election.
12        Signature ...... Printed Name of Voter ....... Printed
13        Residence Address of Voter ...... City ...... State
14        .... Zip Code ..... Telephone Number ...... Date of
15        Birth ....... and Illinois Driver's License Number
16        ....... or Last 4 digits of Social Security Number
17        ...... or State Identification Card Number issued to
18        you by the Illinois Secretary of State........
19        (ii) A box for the election judge to check one of the 3
20    reasons why the person was given a provisional ballot under
21    subsection (a) of Section 18A-5.
22        (iii) An area for the election judge to affix his or
23    her signature and to set forth any facts that support or
24    oppose the allegation that the person is not qualified to
25    vote in the precinct in which the person is seeking to
26    vote.

 

 

09700SB3722ham001- 40 -LRB097 17968 PJG 69512 a

1    The written affidavit form described in this subsection
2(b)(2) must be printed on a multi-part form prescribed by the
3county clerk or board of election commissioners, as the case
4may be.
5    (3) After the person executes the portion of the written
6affidavit described in subsection (b)(2)(i) of this Section,
7the election judge shall complete the portion of the written
8affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
9    (4) The election judge shall give a copy of the completed
10written affidavit to the person. The election judge shall place
11the original written affidavit in a self-adhesive clear plastic
12packing list envelope that must be attached to a separate
13envelope marked as a "provisional ballot envelope". The
14election judge shall also place any information provided by the
15person who casts a provisional ballot in the clear plastic
16packing list envelope. Each county clerk or board of election
17commissioners, as the case may be, must design, obtain or
18procure self-adhesive clear plastic packing list envelopes and
19provisional ballot envelopes that are suitable for
20implementing this subsection (b)(4) of this Section.
21    (5) The election judge shall provide the person with a
22provisional ballot, written instructions for casting a
23provisional ballot, and the provisional ballot envelope with
24the clear plastic packing list envelope affixed to it, which
25contains the person's original written affidavit and, if any,
26information provided by the provisional voter to support his or

 

 

09700SB3722ham001- 41 -LRB097 17968 PJG 69512 a

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

 

 

09700SB3722ham001- 42 -LRB097 17968 PJG 69512 a

1envelope described in subsection (b). If a county clerk or
2board of election commissioners elects to design and use its
3own multi-part affidavit form, then the county clerk or board
4of election commissioners shall establish a mechanism for
5accepting any information the provisional voter has supplied to
6the election judge to support his or her claim that he or she
7is a duly registered voter. In all other respects, a county
8clerk or board of election commissioners shall establish
9procedures consistent with subsection (b).
10    (d) The county clerk or board of election commissioners, as
11the case may be, shall use the completed affidavit form
12described in subsection (b) to update the person's voter
13registration information in the State voter registration
14database and voter registration database of the county clerk or
15board of election commissioners, as the case may be. If a
16person is later determined not to be a registered voter based
17on Section 18A-15 of this Code, then the affidavit shall be
18processed by the county clerk or board of election
19commissioners, as the case may be, as a voter registration
20application.
21(Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 1-18-05;
2294-645, eff. 8-22-05.)
 
23    (10 ILCS 5/19-2.1)  (from Ch. 46, par. 19-2.1)
24    Sec. 19-2.1. At the consolidated primary, general primary,
25consolidated, and general elections, electors entitled to vote

 

 

09700SB3722ham001- 43 -LRB097 17968 PJG 69512 a

1by absentee ballot under the provisions of Section 19-1 may
2vote in person at the office of the municipal clerk, if the
3elector is a resident of a municipality not having a board of
4election commissioners, or at the office of the township clerk
5or, in counties not under township organization, at the office
6of the road district clerk if the elector is not a resident of
7a municipality; provided, in each case that the municipal,
8township or road district clerk, as the case may be, is
9authorized to conduct in-person absentee voting pursuant to
10this Section. Absentee voting in such municipal and township
11clerk's offices under this Section shall be conducted from the
1222nd day through the day before the election.
13    Municipal and township clerks (or road district clerks) who
14have regularly scheduled working hours at regularly designated
15offices other than a place of residence and whose offices are
16open for business during the same hours as the office of the
17election authority shall conduct in-person absentee voting for
18said elections. Municipal and township clerks (or road district
19clerks) who have no regularly scheduled working hours but who
20have regularly designated offices other than a place of
21residence shall conduct in-person absentee voting for said
22elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00
23a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on
24Saturdays, but not during such hours as the office of the
25election authority is closed, unless the clerk files a written
26waiver with the election authority not later than July 1 of

 

 

09700SB3722ham001- 44 -LRB097 17968 PJG 69512 a

1each year stating that he or she is unable to conduct such
2voting and the reasons therefor. Such clerks who conduct
3in-person absentee voting may extend their hours for that
4purpose to include any hours in which the election authority's
5office is open. Municipal and township clerks (or road district
6clerks) who have no regularly scheduled office hours and no
7regularly designated offices other than a place of residence
8may not conduct in-person absentee voting for said elections.
9The election authority may devise alternative methods for
10in-person absentee voting before said elections for those
11precincts located within the territorial area of a municipality
12or township (or road district) wherein the clerk of such
13municipality or township (or road district) has waived or is
14not entitled to conduct such voting. In addition, electors may
15vote by absentee ballot under the provisions of Section 19-1 at
16the office of the election authority having jurisdiction over
17their residence. Unless specifically authorized by the
18election authority, municipal, township, and road district
19clerks shall not conduct in-person absentee voting. No less
20than 45 days before the date of an election, the election
21authority shall notify the municipal, township, and road
22district clerks within its jurisdiction if they are to conduct
23in-person absentee voting. Election authorities, however, may
24conduct in-person absentee voting in one or more designated
25appropriate public buildings from the fourth day before the
26election through the day before the election.

 

 

09700SB3722ham001- 45 -LRB097 17968 PJG 69512 a

1    In conducting in-person absentee voting under this
2Section, the respective clerks shall be required to verify the
3signature of the absentee voter by comparison with the
4signature on the official registration record card. The clerk
5also shall reasonably ascertain the identity of such applicant,
6shall verify that each such applicant is a registered voter,
7and shall verify the precinct in which he or she is registered
8and the proper ballots of the political subdivisions in which
9the applicant resides and is entitled to vote, prior to
10providing any absentee ballot to such applicant. The clerk
11shall verify the applicant's registration and from the most
12recent poll list provided by the county clerk, and if the
13applicant is not listed on that poll list then by telephoning
14the office of the county clerk.
15    Absentee voting procedures in the office of the municipal,
16township and road district clerks shall be subject to all of
17the applicable provisions of this Article 19. Pollwatchers may
18be appointed to observe in-person absentee voting procedures
19and view all reasonably requested records relating to the
20conduct of the election, provided the secrecy of the ballot is
21not impinged, at the office of the municipal, township or road
22district clerks' offices where such absentee voting is
23conducted. Such pollwatchers shall qualify and be appointed in
24the same manner as provided in Sections 7-34 and 17-23, except
25each candidate, political party or organization of citizens may
26appoint only one pollwatcher for each location where in-person

 

 

09700SB3722ham001- 46 -LRB097 17968 PJG 69512 a

1absentee voting is conducted. Pollwatchers must be registered
2to vote in Illinois and possess valid pollwatcher credentials.
3All requirements in this Article applicable to election
4authorities shall apply to the respective local clerks, except
5where inconsistent with this Section.
6    The sealed absentee ballots in their carrier envelope shall
7be delivered by the respective clerks, or by the election
8authority on behalf of a clerk if the clerk and the election
9authority agree, to the election authority's central ballot
10counting location before the close of the polls on the day of
11the general primary, consolidated primary, consolidated, or
12general election.
13    Not more than 23 days before the general and consolidated
14elections, the county clerk shall make available to those
15municipal, township and road district clerks conducting
16in-person absentee voting within such county, a sufficient
17number of applications, absentee ballots, envelopes, and
18printed voting instruction slips for use by absentee voters in
19the offices of such clerks. The respective clerks shall receipt
20for all ballots received, shall return all unused or spoiled
21ballots to the county clerk on the day of the election and
22shall strictly account for all ballots received.
23    The ballots delivered to the respective clerks shall
24include absentee ballots for each precinct in the municipality,
25township or road district, or shall include such separate
26ballots for each political subdivision conducting an election

 

 

09700SB3722ham001- 47 -LRB097 17968 PJG 69512 a

1of officers or a referendum on that election day as will permit
2any resident of the municipality, township or road district to
3vote absentee in the office of the proper clerk.
4    The clerks of all municipalities, townships and road
5districts may distribute applications for absentee ballot for
6the use of voters who wish to mail such applications to the
7appropriate election authority. Any person may produce,
8reproduce, distribute, or return to an election authority the
9application for absentee ballot. Upon receipt, the appropriate
10election authority shall accept and promptly process any
11application for absentee ballot.
12(Source: P.A. 96-1008, eff. 7-6-10.)
 
13    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
14    Sec. 19-3. The application for absentee ballot shall be
15substantially in the following form:
16
APPLICATION FOR ABSENTEE BALLOT
17    To be voted at the .... election in the County of .... and
18State of Illinois, in the .... precinct of the (1) *township of
19.... (2) *City of .... or (3) *.... ward in the City of ....
20    I state that I am a resident of the .... precinct of the
21(1) *township of .... (2) *City of .... or (3) *.... ward in
22the city of .... residing at .... in such city or town in the
23county of .... and State of Illinois; that I have lived at such
24address for .... month(s) last past; that I am lawfully
25entitled to vote in such precinct at the .... election to be

 

 

09700SB3722ham001- 48 -LRB097 17968 PJG 69512 a

1held therein on ....; and that I wish to vote by absentee
2ballot.
3    I hereby make application for an official ballot or ballots
4to be voted by me at such election, and I agree that I shall
5return such ballot or ballots to the official issuing the same
6prior to the closing of the polls on the date of the election
7or, if returned by mail, postmarked no later than midnight
8preceding election day, for counting no later than during the
9period for counting provisional ballots, the last day of which
10is the 14th day following election day.
11    I understand that I must return or mail my absentee ballot
12personally and that I am not allowed to give the absentee
13ballot to anyone for delivery or mailing except a family member
14with an affidavit. I understand that should I choose to mail my
15application or my absentee ballot I will need to provide
16postage. I understand that allowing anyone to observe me vote
17or to provide the ballot to any other person to vote for me is
18illegal. I understand that by receiving an absentee ballot and
19voting it I am unable to vote on election day and that I cannot
20vote in any other election jurisdiction this election. I
21understand that if I apply for an absentee ballot and do not
22vote it, I will have to complete a provisional voting affidavit
23if I want to vote on election day. I understand that this
24application is made for an official absentee ballot or ballots
25to be voted by me at the election specified in this application
26and that I must submit a separate application for an official

 

 

09700SB3722ham001- 49 -LRB097 17968 PJG 69512 a

1absentee ballot or ballots to be voted by me at any subsequent
2election.
3    Under penalties as provided by law pursuant to Section
429-10 of The Election Code, the undersigned certifies that the
5statements set forth in this application are true and correct.
6
....
7
*fill in either (1), (2) or (3).
8
Post office address to which ballot is mailed:
9...............
10    However, if application is made for a primary election
11ballot, such application shall require the applicant to
12designate the name of the political party with which the
13applicant is affiliated.
14    Any person may produce, reproduce, distribute, or return to
15an election authority the application for absentee ballot. Upon
16receipt, the appropriate election authority shall accept and
17promptly process any application for absentee ballot submitted
18in a form substantially similar to that required by this
19Section, including any substantially similar production or
20reproduction generated by the applicant.
21(Source: P.A. 95-440, eff. 8-27-07; 96-312, eff. 1-1-10;
2296-553, eff. 8-17-09; 96-1000, eff. 7-2-10; 96-1008, eff.
237-6-10.)
 
24    (10 ILCS 5/19A-15)
25    Sec. 19A-15. Period for early voting; hours.

 

 

09700SB3722ham001- 50 -LRB097 17968 PJG 69512 a

1    (a) The period for early voting by personal appearance
2begins the 15th 22nd day preceding a general primary,
3consolidated primary, consolidated, or general election and
4extends through the 3rd 5th day before election day.
5    (b) A permanent polling place for early voting must remain
6open during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m.
7to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on
8Saturdays, Sundays, and holidays; except that, in addition to
9the hours required by this subsection, a permanent early voting
10polling place designated by an election authority under
11subsection (c) of Section 19A-10 must remain open for a total
12of at least 8 hours on any holiday during the early voting
13period and a total of at least 14 hours on the final weekend
14during the early voting period.
15    (c) Notwithstanding subsections (a) and (b), an election
16authority may close an early voting polling place if the
17building in which the polling place is located has been closed
18by the State or unit of local government in response to a
19severe weather emergency. In the event of a closure, the
20election authority shall conduct early voting on the 2nd day
21before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to
225:00 p.m. The election authority shall notify the State Board
23of Elections of any closure and shall make reasonable efforts
24to provide notice to the public of the extended early voting
25period.
26(Source: P.A. 96-637, eff. 1-1-10; 97-81, eff. 7-5-11.)
 

 

 

09700SB3722ham001- 51 -LRB097 17968 PJG 69512 a

1    Section 99. Effective date. This Act takes effect July 1,
22012.".