Rep. Barbara Flynn Currie

Filed: 5/21/2012

 

 


 

 


 
09700SB3722ham002LRB097 17968 PJG 69821 a

1
AMENDMENT TO SENATE BILL 3722

2    AMENDMENT NO. ______. Amend Senate Bill 3722, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41 as follows:
 
5on page 1, by replacing line 6 with the following:
 
6"9-8.5, 9-8.6, 9-10, 9-15, 9-28.5, 16-6, 18A-5, 18A-15, 19-2.1,
719-3, and 19A-15"; and
 
8on page 1, by replacing lines 9 through 11 with the following:
 
9    "Sec. 1-11. Public university voting. For the 2012 general
10election, each appropriate election authority shall, in
11addition to the early voting conducted at locations otherwise
12required by law, conduct early voting in a"; and
 
13on page 2, by replacing lines 3 through 7 with the following:
 

 

 

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1"University at its campuses in Macomb and Moline. The voting
2required by this Section to be conducted on campus must be
3conducted as otherwise required by Article 19A of this Code. If
4an election authority has voting equipment that can accommodate
5a ballot in every form required in the election authority's
6jurisdiction, then the election authority shall extend early
7voting under this Section to any registered voter in the
8election authority's jurisdiction. However, if the election
9authority does not have voting equipment that can accommodate a
10ballot in every form required in the election authority's
11jurisdiction, then the election authority may limit early
12voting under this Section to registered voters in precincts
13where the public university is located and precincts bordering
14the university. Each public"; and
 
15on page 10, by replacing line 16 with the following:
 
16"group of persons that makes electioneering communications
17that are not made in connection, consultation, or concert with
18or at the request or suggestion of a public official or
19candidate, a public official's or candidate's designated
20political committee or campaign, or an agent or agents of the
21public official, candidate, or political committee or
22campaign"; and
 

 

 

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1on page 14, line 13, immediately after the period, by inserting
2"This subsection does not apply to independent expenditure
3committees."; and
 
4on page 20, by replacing lines 12 and 13 with the following:
 
5    "(e) A ballot initiative committee may accept
6contributions in any amount"; and
 
7on page 20, immediately below line 16, by inserting the
8following:
 
9    "(e-5) An independent expenditure committee may accept
10contributions in any amount from any source, provided that the
11committee files the document required by Section 9-3 of this
12Article and files the disclosure reports required by the
13provisions of this Article."; and
 
14on page 22, by replacing line 4 with the following:
 
15"committee makes independent expenditures in support of or in
16opposition to the"; and
 
17on page 24, by replacing lines 13 and 14 with the following:
 
18"in this subsection within 30 15 days after the Board sends

 

 

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1notification to the political committee of the excess
2contribution by certified mail"; and
 
3on page 30, by replacing line 14 with the following:
 
4"threshold. The Board shall assess a civil penalty against an
5independent expenditure committee for failure to file the
6disclosure required by this subsection not to exceed (i) $500
7for an initial failure to file the required disclosure and (ii)
8$1,000 for each subsequent failure to file the required
9disclosure."; and
 
10on page 32, by replacing lines 6 and 7 with the following:
 
11        "(10) to promptly send, by first class mail directed
12    only to the officers of a political committee, and by
13    certified mail to the address of the political committee,
14    written notice of"; and
 
15on page 32, immediately below line 10, by inserting the
16following:
 
17    "(10 ILCS 5/9-28.5)
18    Sec. 9-28.5. Injunctive relief for electioneering
19communications.
20    (a) Whenever the Attorney General, or a State's Attorney

 

 

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1with jurisdiction over any portion of the relevant electorate,
2believes that any person, as defined in Section 9-1.6, is
3making, producing, publishing, republishing, or broadcasting
4an electioneering communication paid for by any person, as
5defined in Section 9-1.6, who has not first complied with the
6registration and disclosure requirements of this Article, he or
7she may bring an action in the name of the People of the State
8of Illinois or, in the case of a State's Attorney, the People
9of the County, against such person or persons to restrain by
10preliminary or permanent injunction the making, producing,
11publishing, republishing, or broadcasting of such
12electioneering communication until the registration and
13disclosure requirements have been met.
14    (b) Any political committee that believes any person, as
15defined in Section 9-1.6, is making, producing, publishing,
16republishing, or broadcasting an electioneering communication
17paid for by any person, as defined in Section 9-1.6, who has
18not first complied with the registration and disclosure
19requirements of this Article may bring an action in the circuit
20court against such person or persons to restrain by preliminary
21or permanent injunction the making, producing, publishing,
22republishing, or broadcasting of such electioneering
23communication until the registration and disclosure
24requirements have been met.
25    (c) Whenever the Attorney General, or a State's Attorney
26with jurisdiction over any portion of the relevant electorate,

 

 

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1believes that any person, as defined in Section 9-1.6, is
2engaging in independent expenditures, as defined in this
3Article, who has not first complied with the registration and
4disclosure requirements of this Article, he or she may bring an
5action in the name of the People of the State of Illinois or,
6in the case of a State's Attorney, the People of the County,
7against such person or persons to restrain by preliminary or
8permanent injunction the making of such expenditures until the
9registration and disclosure requirements have been met.
10    (d) Any political committee that believes any person, as
11defined in Section 9-1.6, is engaging in independent
12expenditures, as defined in this Article, who has not first
13complied with the registration and disclosure requirements of
14this Article may bring an action in the circuit court against
15such person or persons to restrain by preliminary or permanent
16injunction the making of independent expenditures until the
17registration and disclosure requirements have been met.
18(Source: P.A. 96-832, eff. 7-1-10.)
 
19    (10 ILCS 5/16-6)  (from Ch. 46, par. 16-6)
20    Sec. 16-6. Whenever one or more proposals for amendment of
21the constitution or the calling of a constitutional convention
22or any combination thereof is or are to be voted upon by the
23people, the proposition or propositions for the adoption or
24rejection of such amendment or amendments or convention shall
25be submitted upon a ballot separate from the "Official Ballot"

 

 

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1containing the names of candidates for State and other offices
2to be voted at such election. Such separate ballot shall be
3printed upon paper of a distinctly blue color and shall, as
4near as may be practicable, be of uniform size and blue color,
5but any variation in the size of such ballots or in the
6tincture of blue employed shall not affect or impair the
7validity thereof. Preceding each proposal to amend the
8constitution shall be printed the brief explanation of the
9amendment, prepared by the General Assembly, or in the case of
10a proposed amendment initiated by petition pursuant to Section
113 of Article XIV of the Constitution of the State of Illinois
12by the principal proponents of the amendment as approved by the
13Attorney General, and immediately below the explanation, the
14proposition shall be printed in substantially the following
15form:
16-------------------------------------------------------------
17       YES         For the proposed amendment -
18----------     to Article ______ (or Section
19       NO       _______ of Article ______) of
20                the Constitution.
21-------------------------------------------------------------
22    In the case of a proposition for the calling of a
23constitutional convention, such proposition shall be printed
24in substantially the following form:
25-------------------------------------------------------------
26       YES            For the calling -

 

 

09700SB3722ham002- 8 -LRB097 17968 PJG 69821 a

1----------       of a Constitutional
2       NO         Convention.
3-------------------------------------------------------------
4    On the back or outside of the ballot so as to appear when
5folded, shall be printed the words "CONSTITUTION BALLOT",
6followed by the designation of the polling place for which the
7ballot is prepared, the date of the election and a facsimile of
8the signature of the clerk or other officer who has caused the
9ballots to be printed. Immediately above the words
10"CONSTITUTION BALLOT" in the case of a proposition for the
11calling of a constitutional convention or a proposition to
12amend the Constitution the following legend shall be printed in
13bold face type:
14
"NOTICE
15    THE FAILURE TO VOTE THIS BALLOT MAY BE IS THE EQUIVALENT OF
16A NEGATIVE VOTE, BECAUSE A CONVENTION SHALL BE CALLED OR THE
17AMENDMENT SHALL BECOME EFFECTIVE IF APPROVED BY EITHER
18THREE-FIFTHS OF THOSE VOTING ON THE QUESTION OR A MAJORITY OF
19THOSE VOTING IN THE ELECTION. (THIS IS NOT TO BE CONSTRUED AS A
20DIRECTION THAT YOUR VOTE IS REQUIRED TO BE CAST EITHER IN FAVOR
21OF OR IN OPPOSITION TO THE PROPOSITION HEREIN CONTAINED.)
22    WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO
23THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
24    Immediately above the words "CONSTITUTION BALLOT" in the
25case of a proposition to amend the Constitution the following
26legend shall be printed in bold face type:

 

 

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1
"NOTICE
2    WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO
3THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH."
4    If a proposition for the calling of a constitutional
5convention is submitted at the same election as one or more
6propositions to amend the constitution, the proposition for the
7calling of a constitutional convention shall be printed at the
8top of the ballot. In such case, the back or outside of the
9ballot shall be printed the same as if it were a proposal
10solely to amend the constitution.
11    Where voting machines or electronic voting systems are
12used, the provisions of this Section may be modified as
13required or authorized by Article 24 or Article 24A, whichever
14is applicable.
15(Source: P.A. 81-163.)"; and
 
16by deleting everything from line 11 on page 32 through line 6
17on page 37; and
 
18on page 38, by replacing lines 2 and 3 with the following:
 
19    "either in person or by absentee ballot, but fails to do
20    so; ."; and
 
21on page 38, by replacing line 6 with the following:
 

 

 

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1    "not to have voted during the early voting period; or
2        (6) The voter received an absentee ballot but did not
3    return the absentee ballot to the election authority."; and
 
4on page 39, line 19, by replacing "3" with "6 3"; and
 
5on page 42, immediately below line 22, by inserting the
6following:
 
7    "(10 ILCS 5/18A-15)
8    Sec. 18A-15. Validating and counting provisional ballots.
9    (a) The county clerk or board of election commissioners
10shall complete the validation and counting of provisional
11ballots within 14 calendar days of the day of the election. The
12county clerk or board of election commissioners shall have 7
13calendar days from the completion of the validation and
14counting of provisional ballots to conduct its final canvass.
15The State Board of Elections shall complete within 31 calendar
16days of the election or sooner if all the returns are received,
17its final canvass of the vote for all public offices.
18    (b) If a county clerk or board of election commissioners
19determines that all of the following apply, then a provisional
20ballot is valid and shall be counted as a vote:
21        (1) The provisional voter cast the provisional ballot
22    in the correct precinct based on the address provided by
23    the provisional voter. The provisional voter's affidavit

 

 

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1    shall serve as a change of address request by that voter
2    for registration purposes for the next ensuing election if
3    it bears an address different from that in the records of
4    the election authority;
5        (2) The affidavit executed by the provisional voter
6    pursuant to subsection (b)(2) of Section 18A-5 contains, at
7    a minimum, the provisional voter's first and last name,
8    house number and street name, and signature or mark; and
9        (3) the provisional voter is a registered voter based
10    on information available to the county clerk or board of
11    election commissioners provided by or obtained from any of
12    the following:
13            i. the provisional voter;
14            ii. an election judge;
15            iii. the statewide voter registration database
16        maintained by the State Board of Elections;
17            iv. the records of the county clerk or board of
18        election commissioners' database; or
19            v. the records of the Secretary of State; and .
20        (4) For a provisional ballot cast under item (6) of
21    subsection (a) of Section 18A-5, the voter did not vote by
22    absentee ballot in the election at which the provisional
23    ballot was cast.
24    (c) With respect to subsection (b)(3) of this Section, the
25county clerk or board of election commissioners shall
26investigate and record whether or not the specified information

 

 

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1is available from each of the 5 identified sources. If the
2information is available from one or more of the identified
3sources, then the county clerk or board of election
4commissioners shall seek to obtain the information from each of
5those sources until satisfied, with information from at least
6one of those sources, that the provisional voter is registered
7and entitled to vote. The county clerk or board of election
8commissioners shall use any information it obtains as the basis
9for determining the voter registration status of the
10provisional voter. If a conflict exists among the information
11available to the county clerk or board of election
12commissioners as to the registration status of the provisional
13voter, then the county clerk or board of election commissioners
14shall make a determination based on the totality of the
15circumstances. In a case where the above information equally
16supports or opposes the registration status of the voter, the
17county clerk or board of election commissioners shall decide in
18favor of the provisional voter as being duly registered to
19vote. If the statewide voter registration database maintained
20by the State Board of Elections indicates that the provisional
21voter is registered to vote, but the county clerk's or board of
22election commissioners' voter registration database indicates
23that the provisional voter is not registered to vote, then the
24information found in the statewide voter registration database
25shall control the matter and the provisional voter shall be
26deemed to be registered to vote. If the records of the county

 

 

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1clerk or board of election commissioners indicates that the
2provisional voter is registered to vote, but the statewide
3voter registration database maintained by the State Board of
4Elections indicates that the provisional voter is not
5registered to vote, then the information found in the records
6of the county clerk or board of election commissioners shall
7control the matter and the provisional voter shall be deemed to
8be registered to vote. If the provisional voter's signature on
9his or her provisional ballot request varies from the signature
10on an otherwise valid registration application solely because
11of the substitution of initials for the first or middle name,
12the election authority may not reject the provisional ballot.
13    (d) In validating the registration status of a person
14casting a provisional ballot, the county clerk or board of
15election commissioners shall not require a provisional voter to
16complete any form other than the affidavit executed by the
17provisional voter under subsection (b)(2) of Section 18A-5. In
18addition, the county clerk or board of election commissioners
19shall not require all provisional voters or any particular
20class or group of provisional voters to appear personally
21before the county clerk or board of election commissioners or
22as a matter of policy require provisional voters to submit
23additional information to verify or otherwise support the
24information already submitted by the provisional voter. The
25provisional voter may, within 2 calendar days after the
26election, submit additional information to the county clerk or

 

 

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1board of election commissioners. This information must be
2received by the county clerk or board of election commissioners
3within the 2-calendar-day period.
4    (e) If the county clerk or board of election commissioners
5determines that subsection (b)(1), (b)(2), or (b)(3) does not
6apply, then the provisional ballot is not valid and may not be
7counted. The provisional ballot envelope containing the ballot
8cast by the provisional voter may not be opened. The county
9clerk or board of election commissioners shall write on the
10provisional ballot envelope the following: "Provisional ballot
11determined invalid.".
12    (f) If the county clerk or board of election commissioners
13determines that a provisional ballot is valid under this
14Section, then the provisional ballot envelope shall be opened.
15The outside of each provisional ballot envelope shall also be
16marked to identify the precinct and the date of the election.
17    (g) Provisional ballots determined to be valid shall be
18counted at the election authority's central ballot counting
19location and shall not be counted in precincts. The provisional
20ballots determined to be valid shall be added to the vote
21totals for the precincts from which they were cast in the order
22in which the ballots were opened. The validation and counting
23of provisional ballots shall be subject to the provisions of
24this Code that apply to pollwatchers. If the provisional
25ballots are a ballot of a punch card voting system, then the
26provisional ballot shall be counted in a manner consistent with

 

 

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1Article 24A. If the provisional ballots are a ballot of optical
2scan or other type of approved electronic voting system, then
3the provisional ballots shall be counted in a manner consistent
4with Article 24B.
5    (h) As soon as the ballots have been counted, the election
6judges or election officials shall, in the presence of the
7county clerk or board of election commissioners, place each of
8the following items in a separate envelope or bag: (1) all
9provisional ballots, voted or spoiled; (2) all provisional
10ballot envelopes of provisional ballots voted or spoiled; and
11(3) all executed affidavits of the provisional ballots voted or
12spoiled. All provisional ballot envelopes for provisional
13voters who have been determined not to be registered to vote
14shall remain sealed. The county clerk or board of election
15commissioners shall treat the provisional ballot envelope
16containing the written affidavit as a voter registration
17application for that person for the next election and process
18that application. The election judges or election officials
19shall then securely seal each envelope or bag, initial the
20envelope or bag, and plainly mark on the outside of the
21envelope or bag in ink the precinct in which the provisional
22ballots were cast. The election judges or election officials
23shall then place each sealed envelope or bag into a box, secure
24and seal it in the same manner as described in item (6) of
25subsection (b) of Section 18A-5. Each election judge or
26election official shall take and subscribe an oath before the

 

 

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1county clerk or board of election commissioners that the
2election judge or election official securely kept the ballots
3and papers in the box, did not permit any person to open the
4box or otherwise touch or tamper with the ballots and papers in
5the box, and has no knowledge of any other person opening the
6box. For purposes of this Section, the term "election official"
7means the county clerk, a member of the board of election
8commissioners, as the case may be, and their respective
9employees.
10(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
1194-1000, eff. 7-3-06.)"; and
 
12on page 48, by replacing lines 11 through 23 with the
13following:
 
14    "I understand that this".