Sen. Don Harmon

Filed: 5/29/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 105

2    AMENDMENT NO. ______. Amend House Bill 105, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Minimum Wage Increase Referendum Act.
 
7    Section 5. Referendum. The State Board of Elections shall
8cause a statewide advisory public question to be submitted to
9the voters at the general election to be held on November 4,
102014. The question shall appear in the following form:
11    "Shall the minimum wage in Illinois for adults over the age
12    of 18 be raised to $10 per hour by January 1, 2015?"
13The votes on the question shall be recorded as "Yes" or "No".
 
14    Section 10. Certification. The State Board of Elections
15shall immediately certify the question to be submitted to the

 

 

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1voters of the entire State under Section 5 to each election
2authority in Illinois.
 
3    Section 15. Conflicts. If any provision of this Act
4conflicts with any other law, this Act controls.
 
5    Section 90. Repeal. This Act is repealed on January 1,
62015.
 
7    Section 900. The Election Code is amended by changing
8Sections 1-12, 4-50, 5-50, 6-100, 9-9.5, 10-6, 10-8, 10-10,
911-6, 13-2.5, 14-4.5, 18A-5, 18A-15, 19-2, 19A-10, 19A-15, and
1019A-35 as follows:
 
11    (10 ILCS 5/1-12)
12    Sec. 1-12. Public university voting.
13    (a) Each appropriate election authority shall, in addition
14to the early voting conducted at locations otherwise required
15by law, conduct early voting in a high traffic location on the
16campus of a public university within the election authority's
17jurisdiction. For the purposes of this Section, "public
18university" means the University of Illinois at its campuses in
19Urbana-Champaign and Springfield, Southern Illinois University
20at its campuses in Carbondale and Edwardsville, Eastern
21Illinois University, Illinois State University, Northern
22Illinois University, and Western Illinois University at its

 

 

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1campuses in Macomb and Moline. The voting required by this
2subsection (a) 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 university shall make the space
15available in a high traffic area for, and cooperate and
16coordinate with the appropriate election authority in, the
17implementation of this subsection (a). Section.
18    (b) Each appropriate election authority shall, in addition
19to the voting conducted at locations otherwise required by law,
20conduct in-person absentee voting on election day in a
21high-traffic location on the campus of a public university
22within the election authority's jurisdiction. The procedures
23for conducting in-person absentee voting at a site established
24pursuant to this subsection (b) shall, to the extent
25practicable, be the same procedures required by Article 19 of
26this Code for in-person absentee ballots. The election

 

 

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1authority may limit in-person absentee voting under this
2subsection (b) to registered voters in precincts where the
3public university is located and precincts bordering the
4university. The election authority shall have voting equipment
5and ballots necessary to accommodate registered voters who may
6cast an in-person absentee ballot at a site established
7pursuant to this subsection (b). Each public university shall
8make the space available in a high-traffic area for, and
9cooperate and coordinate with the appropriate election
10authority in, the implementation of this subsection (b).
11    (c) For the purposes of this Section, "public university"
12means the University of Illinois at its campuses in
13Urbana-Champaign and Springfield, Southern Illinois University
14at its campuses in Carbondale and Edwardsville, Eastern
15Illinois University, Illinois State University, Northern
16Illinois University, and Western Illinois University at its
17campuses in Macomb and Moline.
18(Source: P.A. 98-115, eff. 7-29-13.)
 
19    (10 ILCS 5/4-50)
20    Sec. 4-50. Grace period. Notwithstanding any other
21provision of this Code to the contrary, each election authority
22shall establish procedures for the registration of voters and
23for change of address during the period from the close of
24registration for a primary or election and until the 3rd day
25before the primary or election, except that during the 2014

 

 

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1general election the period shall extend until the polls close
2on election day. During this grace period, an unregistered
3qualified elector may register to vote, and a registered voter
4may submit a change of address form, in person in the office of
5the election authority or at a voter registration location
6specifically designated for this purpose by the election
7authority. During the 2014 general election, an unregistered
8qualified elector may register to vote, and a registered voter
9may submit a change of address form, in person at any permanent
10polling place for early voting established under Section 19A-10
11through election day. The election authority shall register
12that individual, or change a registered voter's address, in the
13same manner as otherwise provided by this Article for
14registration and change of address.
15    If a voter who registers or changes address during this
16grace period wishes to vote at the first election or primary
17occurring after the grace period, he or she must do so by grace
18period voting. The election authority shall offer in-person
19grace period voting at the authority's office and any permanent
20polling place where grace period registration is required by
21this Section; and may offer in-person grace period voting at
22additional locations specifically designated for the purpose
23of grace period voting by the election authority. The election
24authority may allow grace period voting by mail only if the
25election authority has no ballots prepared at the authority's
26office. Grace period voting shall be in a manner substantially

 

 

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1similar to voting under Article 19.
2    Within one day after a voter casts a grace period ballot,
3or within one day after the ballot is received by the election
4authority if the election authority allows grace period voting
5by mail, the election authority shall transmit by electronic
6means pursuant to a process established by the State Board of
7Elections the voter's name, street address, e-mail address, and
8precinct, ward, township, and district numbers, as the case may
9be, to the State Board of Elections, which shall maintain those
10names and that information in an electronic format on its
11website, arranged by county and accessible to State and local
12political committees. The name of each person issued a grace
13period ballot shall also be placed on the appropriate precinct
14list of persons to whom absentee and early ballots have been
15issued, for use as provided in Sections 17-9 and 18-5.
16    A person who casts a grace period ballot shall not be
17permitted to revoke that ballot and vote another ballot with
18respect to that primary or election. Ballots cast by persons
19who register or change address during the grace period must be
20transmitted to and counted at the election authority's central
21ballot counting location and shall not be transmitted to and
22counted at precinct polling places. The grace period ballots
23determined to be valid shall be added to the vote totals for
24the precincts for which they were cast in the order in which
25the ballots were opened.
26(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 

 

 

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1    (10 ILCS 5/5-50)
2    Sec. 5-50. Grace period. Notwithstanding any other
3provision of this Code to the contrary, each election authority
4shall establish procedures for the registration of voters and
5for change of address during the period from the close of
6registration for a primary or election and until the 3rd day
7before the primary or election, except that during the 2014
8general election the period shall extend until the polls close
9on election day. During this grace period, an unregistered
10qualified elector may register to vote, and a registered voter
11may submit a change of address form, in person in the office of
12the election authority or at a voter registration location
13specifically designated for this purpose by the election
14authority. During the 2014 general election, an unregistered
15qualified elector may register to vote, and a registered voter
16may submit a change of address form, in person at any permanent
17polling place for early voting established pursuant to Section
1819A-10 through election day. 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. The election authority shall offer in-person

 

 

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1grace period voting at his or her office and any permanent
2polling place where grace period registration is required by
3this Section; and may offer in-person grace period voting at
4additional locations specifically designated for the purpose
5of grace period voting by the election authority. The election
6authority may allow grace period voting by mail only if the
7election authority has no ballots prepared at the authority's
8office. Grace period voting shall be in a manner substantially
9similar to voting under Article 19.
10    Within one day after a voter casts a grace period ballot,
11or within one day after the ballot is received by the election
12authority if the election authority allows grace period voting
13by mail, the election authority shall transmit by electronic
14means pursuant to a process established by the State Board of
15Elections the voter's name, street address, e-mail address, and
16precinct, ward, township, and district numbers, as the case may
17be, to the State Board of Elections, which shall maintain those
18names and that information in an electronic format on its
19website, arranged by county and accessible to State and local
20political committees. The name of each person issued a grace
21period ballot shall also be placed on the appropriate precinct
22list of persons to whom absentee and early ballots have been
23issued, for use as provided in Sections 17-9 and 18-5.
24    A person who casts a grace period ballot shall not be
25permitted to revoke that ballot and vote another ballot with
26respect to that primary or election. Ballots cast by persons

 

 

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1who register or change address during the grace period must be
2transmitted to and counted at the election authority's central
3ballot counting location and shall not be transmitted to and
4counted at precinct polling places. The grace period ballots
5determined to be valid shall be added to the vote totals for
6the precincts for which they were cast in the order in which
7the ballots were opened.
8(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
9    (10 ILCS 5/6-100)
10    Sec. 6-100. Grace period. Notwithstanding any other
11provision of this Code to the contrary, each election authority
12shall establish procedures for the registration of voters and
13for change of address during the period from the close of
14registration for a primary or election and until the 3rd day
15before the primary or election, except that during the 2014
16general election the period shall extend until the polls close
17on election day. During this grace period, an unregistered
18qualified elector may register to vote, and a registered voter
19may submit a change of address form, in person in the office of
20the election authority or at a voter registration location
21specifically designated for this purpose by the election
22authority. During the 2014 general election, an unregistered
23qualified elector may register to vote, and a registered voter
24may submit a change of address form, in person at any permanent
25polling place for early voting established pursuant to Section

 

 

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119A-10 through election day. The election authority shall
2register that individual, or change a registered voter's
3address, in the same manner as otherwise provided by this
4Article for registration and change of address.
5    If a voter who registers or changes address during this
6grace period wishes to vote at the first election or primary
7occurring after the grace period. The election authority shall
8offer in-person grace period voting at the authority's office
9and any permanent polling place where grace period registration
10is required by this Section; and may offer in-person grace
11period voting at additional locations specifically designated
12for the purpose of grace period voting by the election
13authority. The election authority may allow grace period voting
14by mail only if the election authority has no ballots prepared
15at the authority's office. Grace period voting shall be in a
16manner substantially similar to voting under Article 19.
17    Within one day after a voter casts a grace period ballot,
18or within one day after the ballot is received by the election
19authority if the election authority allows grace period voting
20by mail, the election authority shall transmit by electronic
21means pursuant to a process established by the State Board of
22Elections the voter's name, street address, e-mail address, and
23precinct, ward, township, and district numbers, as the case may
24be, to the State Board of Elections, which shall maintain those
25names and that information in an electronic format on its
26website, arranged by county and accessible to State and local

 

 

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1political committees. The name of each person issued a grace
2period ballot shall also be placed on the appropriate precinct
3list of persons to whom absentee and early ballots have been
4issued, for use as provided in Sections 17-9 and 18-5.
5    A person who casts a grace period ballot shall not be
6permitted to revoke that ballot and vote another ballot with
7respect to that primary or election. Ballots cast by persons
8who register or change address during the grace period must be
9transmitted to and counted at the election authority's central
10ballot counting location and shall not be transmitted to and
11counted at precinct polling places. The grace period ballots
12determined to be valid shall be added to the vote totals for
13the precincts for which they were cast in the order in which
14the ballots were opened.
15(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
16    (10 ILCS 5/9-9.5)
17    Sec. 9-9.5. Disclosures in political communications.
18    (a) Any political committee, organized under the Election
19Code, that makes an expenditure for a pamphlet, circular,
20handbill, Internet or telephone communication, radio,
21television, or print advertisement, or other communication
22directed at voters and mentioning the name of a candidate in
23the next upcoming election shall ensure that the name of the
24political committee paying for any part of the communication,
25including, but not limited to, its preparation and

 

 

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1distribution, is identified clearly within the communication
2as the payor. This subsection does not apply to items that are
3too small to contain the required disclosure. This subsection
4does not apply to an expenditure for the preparation, or
5distribution, or publication of any printed communication
6directed at constituents of a member of the General Assembly if
7the expenditure is made by a political committee in accordance
8with subsection (c) of Section 9-8.10. Nothing in this
9subsection shall require disclosure on any telephone
10communication using random sampling or other scientific survey
11methods to gauge public opinion for or against any candidate or
12question of public policy.
13    Whenever any vendor or other person provides any of the
14services listed in this subsection, other than any telephone
15communication using random sampling or other scientific survey
16methods to gauge public opinion for or against any candidate or
17question of public policy, the vendor or person shall keep and
18maintain records showing the name and address of the person who
19purchased or requested the services and the amount paid for the
20services. The records required by this subsection shall be kept
21for a period of one year after the date upon which payment was
22received for the services.
23    (b) Any political committee, organized under this Code,
24that makes an expenditure for a pamphlet, circular, handbill,
25Internet or telephone communication, radio, television, or
26print advertisement, or other communication directed at voters

 

 

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1and (i) mentioning the name of a candidate in the next upcoming
2election, without that candidate's permission, or (ii)
3advocating for or against a public policy position shall ensure
4that the name of the political committee paying for any part of
5the communication, including, but not limited to, its
6preparation and distribution, is identified clearly within the
7communication. Nothing in this subsection shall require
8disclosure on any telephone communication using random
9sampling or other scientific survey methods to gauge public
10opinion for or against any candidate or question of public
11policy.
12    (c) A political committee organized under this Code shall
13not make an expenditure for any unsolicited telephone call to
14the line of a residential telephone customer in this State
15using any method to block or otherwise circumvent that
16customer's use of a caller identification service.
17(Source: P.A. 98-115, eff. 7-29-13.)
 
18    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
19    Sec. 10-6. Time and manner of filing. Certificates of
20nomination and nomination papers for the nomination of
21candidates for offices to be filled by electors of the entire
22State, or any district not entirely within a county, or for
23congressional, state legislative or judicial offices, shall be
24presented to the principal office of the State Board of
25Elections not more than 141 nor less than 134 days previous to

 

 

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1the day of election for which the candidates are nominated. The
2State Board of Elections shall endorse the certificates of
3nomination or nomination papers, as the case may be, and the
4date and hour of presentment to it. Except as otherwise
5provided in this section, all other certificates for the
6nomination of candidates shall be filed with the county clerk
7of the respective counties not more than 141 but at least 134
8days previous to the day of such election. Certificates of
9nomination and nomination papers for the nomination of
10candidates for school district offices to be filled at
11consolidated elections shall be filed with the election
12authority in which the principal office of the school district
13is located not more than 113 nor less than 106 days before the
14consolidated election. Certificates of nomination and
15nomination papers for the nomination of candidates for the
16other offices of political subdivisions to be filled at regular
17elections other than the general election shall be filed with
18the local election official of such subdivision:
19        (1) (Blank);
20        (2) not more than 113 nor less than 106 days prior to
21    the consolidated election; or
22        (3) not more than 113 nor less than 106 days prior to
23    the general primary in the case of municipal offices to be
24    filled at the general primary election; or
25        (4) not more than 99 nor less than 92 days before the
26    consolidated primary in the case of municipal offices to be

 

 

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1    elected on a nonpartisan basis pursuant to law (including
2    without limitation, those municipal offices subject to
3    Articles 4 and 5 of the Municipal Code); or
4        (5) not more than 113 nor less than 106 days before the
5    municipal primary in even numbered years for such
6    nonpartisan municipal offices where annual elections are
7    provided; or
8        (6) in the case of petitions for the office of
9    multi-township assessor, such petitions shall be filed
10    with the election authority not more than 113 nor less than
11    106 days before the consolidated election.
12    However, where a political subdivision's boundaries are
13co-extensive with or are entirely within the jurisdiction of a
14municipal board of election commissioners, the certificates of
15nomination and nomination papers for candidates for such
16political subdivision offices shall be filed in the office of
17such Board.
18(Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
 
19    (10 ILCS 5/10-8)  (from Ch. 46, par. 10-8)
20    Sec. 10-8. Certificates of nomination and nomination
21papers, and petitions to submit public questions to a
22referendum, being filed as required by this Code, and being in
23apparent conformity with the provisions of this Act, shall be
24deemed to be valid unless objection thereto is duly made in
25writing within 5 business days after the last day for filing

 

 

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1the certificate of nomination or nomination papers or petition
2for a public question, with the following exceptions:
3        A. In the case of petitions to amend Article IV of the
4    Constitution of the State of Illinois, there shall be a
5    period of 35 business days after the last day for the
6    filing of such petitions in which objections can be filed.
7        B. In the case of petitions for advisory questions of
8    public policy to be submitted to the voters of the entire
9    State, there shall be a period of 35 business days after
10    the last day for the filing of such petitions in which
11    objections can be filed.
12    Any legal voter of the political subdivision or district in
13which the candidate or public question is to be voted on, or
14any legal voter in the State in the case of a proposed
15amendment to Article IV of the Constitution or an advisory
16public question to be submitted to the voters of the entire
17State, having objections to any certificate of nomination or
18nomination papers or petitions filed, shall file an objector's
19petition together with 2 copies a copy thereof in the principal
20office or the permanent branch office of the State Board of
21Elections, or in the office of the election authority or local
22election official with whom the certificate of nomination,
23nomination papers or petitions are on file. Objection petitions
24that do not include 2 copies thereof, shall not be accepted. In
25the case of nomination papers or certificates of nomination,
26the State Board of Elections, election authority or local

 

 

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1election official shall note the day and hour upon which such
2objector's petition is filed, and shall, not later than 12:00
3noon on the second business day after receipt of the petition,
4transmit by registered mail or receipted personal delivery the
5certificate of nomination or nomination papers and the original
6objector's petition to the chairman of the proper electoral
7board designated in Section 10-9 hereof, or his authorized
8agent, and shall transmit a copy by registered mail or
9receipted personal delivery of the objector's petition, to the
10candidate whose certificate of nomination or nomination papers
11are objected to, addressed to the place of residence designated
12in said certificate of nomination or nomination papers. In the
13case of objections to a petition for a proposed amendment to
14Article IV of the Constitution or for an advisory public
15question to be submitted to the voters of the entire State, the
16State Board of Elections shall note the day and hour upon which
17such objector's petition is filed and shall transmit a copy of
18the objector's petition by registered mail or receipted
19personal delivery to the person designated on a certificate
20attached to the petition as the principal proponent of such
21proposed amendment or public question, or as the proponents'
22attorney, for the purpose of receiving notice of objections. In
23the case of objections to a petition for a public question, to
24be submitted to the voters of a political subdivision, or
25district thereof, the election authority or local election
26official with whom such petition is filed shall note the day

 

 

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1and hour upon which such objector's petition was filed, and
2shall, not later than 12:00 noon on the second business day
3after receipt of the petition, transmit by registered mail or
4receipted personal delivery the petition for the public
5question and the original objector's petition to the chairman
6of the proper electoral board designated in Section 10-9
7hereof, or his authorized agent, and shall transmit a copy by
8registered mail or receipted personal delivery, of the
9objector's petition to the person designated on a certificate
10attached to the petition as the principal proponent of the
11public question, or as the proponent's attorney, for the
12purposes of receiving notice of objections.
13    The objector's petition shall give the objector's name and
14residence address, and shall state fully the nature of the
15objections to the certificate of nomination or nomination
16papers or petitions in question, and shall state the interest
17of the objector and shall state what relief is requested of the
18electoral board.
19    The provisions of this Section and of Sections 10-9, 10-10
20and 10-10.1 shall also apply to and govern objections to
21petitions for nomination filed under Article 7 or Article 8,
22except as otherwise provided in Section 7-13 for cases to which
23it is applicable, and also apply to and govern petitions for
24the submission of public questions under Article 28.
25(Source: P.A. 86-1348.)
 

 

 

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1    (10 ILCS 5/10-10)  (from Ch. 46, par. 10-10)
2    Sec. 10-10. Within 24 hours after the receipt of the
3certificate of nomination or nomination papers or proposed
4question of public policy, as the case may be, and the
5objector's petition, the chairman of the electoral board other
6than the State Board of Elections shall send a call by
7registered or certified mail to each of the members of the
8electoral board, and to the objector who filed the objector's
9petition, and either to the candidate whose certificate of
10nomination or nomination papers are objected to or to the
11principal proponent or attorney for proponents of a question of
12public policy, as the case may be, whose petitions are objected
13to, and shall also cause the sheriff of the county or counties
14in which such officers and persons reside to serve a copy of
15such call upon each of such officers and persons, which call
16shall set out the fact that the electoral board is required to
17meet to hear and pass upon the objections to nominations made
18for the office, designating it, and shall state the day, hour
19and place at which the electoral board shall meet for the
20purpose, which place shall be in the county court house in the
21county in the case of the County Officers Electoral Board, the
22Municipal Officers Electoral Board, the Township Officers
23Electoral Board or the Education Officers Electoral Board,
24except that the Municipal Officers Electoral Board, the
25Township Officers Electoral Board, and the Education Officers
26Electoral Board may meet at the location where the governing

 

 

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1body of the municipality, township, or community college
2district, respectively, holds its regularly scheduled
3meetings, if that location is available; provided that voter
4records may be removed from the offices of an election
5authority only at the discretion and under the supervision of
6the election authority. In those cases where the State Board of
7Elections is the electoral board designated under Section 10-9,
8the chairman of the State Board of Elections shall, within 24
9hours after the receipt of the certificate of nomination or
10nomination papers or petitions for a proposed amendment to
11Article IV of the Constitution or proposed statewide question
12of public policy, send a call by registered or certified mail
13to the objector who files the objector's petition, and either
14to the candidate whose certificate of nomination or nomination
15papers are objected to or to the principal proponent or
16attorney for proponents of the proposed Constitutional
17amendment or statewide question of public policy and shall
18state the day, hour and place at which the electoral board
19shall meet for the purpose, which place may be in the Capitol
20Building or in the principal or permanent branch office of the
21State Board. The day of the meeting shall not be less than 3
22nor more than 5 days after the receipt of the certificate of
23nomination or nomination papers and the objector's petition by
24the chairman of the electoral board.
25    The electoral board shall have the power to administer
26oaths and to subpoena and examine witnesses and at the request

 

 

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1of either party and only upon a vote by a majority of its
2members, may authorize the chairman to may issue subpoenas
3requiring the attendance of witnesses and subpoenas duces tecum
4requiring the production of such books, papers, records and
5documents as may be evidence of any matter under inquiry before
6the electoral board, in the same manner as witnesses are
7subpoenaed in the Circuit Court.
8    Service of such subpoenas shall be made by any sheriff or
9other person in the same manner as in cases in such court and
10the fees of such sheriff shall be the same as is provided by
11law, and shall be paid by the objector or candidate who causes
12the issuance of the subpoena. In case any person so served
13shall knowingly neglect or refuse to obey any such subpoena, or
14to testify, the electoral board shall at once file a petition
15in the circuit court of the county in which such hearing is to
16be heard, or has been attempted to be heard, setting forth the
17facts, of such knowing refusal or neglect, and accompanying the
18petition with a copy of the citation and the answer, if one has
19been filed, together with a copy of the subpoena and the return
20of service thereon, and shall apply for an order of court
21requiring such person to attend and testify, and forthwith
22produce books and papers, before the electoral board. Any
23circuit court of the state, excluding the judge who is sitting
24on the electoral board, upon such showing shall order such
25person to appear and testify, and to forthwith produce such
26books and papers, before the electoral board at a place to be

 

 

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1fixed by the court. If such person shall knowingly fail or
2refuse to obey such order of the court without lawful excuse,
3the court shall punish him or her by fine and imprisonment, as
4the nature of the case may require and may be lawful in cases
5of contempt of court.
6    The electoral board on the first day of its meeting shall
7adopt rules of procedure for the introduction of evidence and
8the presentation of arguments and may, in its discretion,
9provide for the filing of briefs by the parties to the
10objection or by other interested persons.
11    In the event of a State Electoral Board hearing on
12objections to a petition for an amendment to Article IV of the
13Constitution pursuant to Section 3 of Article XIV of the
14Constitution, or to a petition for a question of public policy
15to be submitted to the voters of the entire State, the
16certificates of the county clerks and boards of election
17commissioners showing the results of the random sample of
18signatures on the petition shall be prima facie valid and
19accurate, and shall be presumed to establish the number of
20valid and invalid signatures on the petition sheets reviewed in
21the random sample, as prescribed in Section 28-11 and 28-12 of
22this Code. Either party, however, may introduce evidence at
23such hearing to dispute the findings as to particular
24signatures. In addition to the foregoing, in the absence of
25competent evidence presented at such hearing by a party
26substantially challenging the results of a random sample, or

 

 

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1showing a different result obtained by an additional sample,
2this certificate of a county clerk or board of election
3commissioners shall be presumed to establish the ratio of valid
4to invalid signatures within the particular election
5jurisdiction.
6    The electoral board shall take up the question as to
7whether or not the certificate of nomination or nomination
8papers or petitions are in proper form, and whether or not they
9were filed within the time and under the conditions required by
10law, and whether or not they are the genuine certificate of
11nomination or nomination papers or petitions which they purport
12to be, and whether or not in the case of the certificate of
13nomination in question it represents accurately the decision of
14the caucus or convention issuing it, and in general shall
15decide whether or not the certificate of nomination or
16nominating papers or petitions on file are valid or whether the
17objections thereto should be sustained and the decision of a
18majority of the electoral board shall be final subject to
19judicial review as provided in Section 10-10.1. The electoral
20board must state its findings in writing and must state in
21writing which objections, if any, it has sustained. A copy of
22the decision shall be served upon the parties to the
23proceedings in open proceedings before the electoral board. If
24a party does not appear for receipt of the decision, the
25decision shall be deemed to have been served on the absent
26party on the date when a copy of the decision is personally

 

 

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1delivered or on the date when a copy of the decision is
2deposited in the Unites States mail, in a sealed envelope or
3package, with postage prepaid, addressed to each party affected
4by the decision or to such party's attorney of record, if any,
5at the address on record for such person in the files of the
6electoral board.
7    Upon the expiration of the period within which a proceeding
8for judicial review must be commenced under Section 10-10.1,
9the electoral board shall, unless a proceeding for judicial
10review has been commenced within such period, transmit, by
11registered or certified mail, a certified copy of its ruling,
12together with the original certificate of nomination or
13nomination papers or petitions and the original objector's
14petition, to the officer or board with whom the certificate of
15nomination or nomination papers or petitions, as objected to,
16were on file, and such officer or board shall abide by and
17comply with the ruling so made to all intents and purposes.
18(Source: P.A. 98-115, eff. 7-29-13.)
 
19    (10 ILCS 5/11-6)  (from Ch. 46, par. 11-6)
20    Sec. 11-6. Within 60 days after the effective date of this
21amendatory Act of the 98th General Assembly, each election
22authority shall transmit to the principal office of the State
23Board of Elections and publish on any website maintained by the
24election authority maps in electronic portable document format
25(.PDF) showing the current boundaries of all the precincts

 

 

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1within its jurisdiction. Whenever election precincts in an
2election jurisdiction have been redivided or readjusted, the
3county board or board of election commissioners shall prepare
4maps in electronic portable document format (.PDF) showing such
5election precinct boundaries no later than 90 days before the
6next scheduled election. The maps shall show the boundaries of
7all political subdivisions and districts. The county board or
8board of election commissioners shall immediately forward
9copies thereof to the chairman of each county central committee
10in the county, to each township, ward, or precinct
11committeeman, and each local election official whose political
12subdivision is wholly or partly in the county and, upon
13request, shall furnish copies thereof to each candidate for
14political or public office in the county and shall transmit
15copies thereof to the principal office of the State Board of
16Elections and publish copies thereof on any website maintained
17by the election authority.
18Within 60 days of the effective date of this amendatory Act of
191983, each election authority shall transmit to the principal
20office of the State Board of Elections maps showing the current
21boundaries of all the precincts within its jurisdiction.
22Whenever election precincts in an election jurisdiction have
23been redivided or readjusted, the county board or board of
24election commissioners shall prepare maps showing such
25election precinct boundaries no later than 45 days before the
26next scheduled election. The maps, or transparent overlays,

 

 

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1shall show the boundaries of all political subdivisions and
2districts. The county board or board of election commissioners
3shall immediately forward copies thereof to the chairman of
4each county central committee in the county, to each township,
5ward or precinct committeeman and each local election official
6whose political subdivision is wholly or partly in the county
7and, upon request, shall furnish copies thereof to each
8candidate for political or public office in the county and
9shall transmit copies thereof to the principal office of the
10State Board of Elections.
11(Source: P.A. 84-861.)
 
12    (10 ILCS 5/13-2.5)
13    Sec. 13-2.5. Time off from work to serve as election judge.
14Any person who is appointed as an election judge under Section
1513-1 or 13-2 may, after giving his or her employer at least 20
16days' written notice, be absent from his or her place of work
17for the purpose of serving as an election judge. An employer
18may not penalize an employee for that absence other than a
19deduction in salary for the time the employee was absent from
20his or her place of employment. An employer may not require an
21employee to use earned vacation time or any form of paid leave
22time to serve as an election judge.
23    This Section does not apply to an employer with fewer than
2425 employees. An employer with more than 25 employees shall not
25be required to permit more than 10% of the employees to be

 

 

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1absent under this Section on the same election day.
2(Source: P.A. 94-645, eff. 8-22-05.)
 
3    (10 ILCS 5/14-4.5)
4    Sec. 14-4.5. Time off from work to serve as election judge.
5Any person who is appointed as an election judge under Section
613-1 or 13-2 may, after giving his or her employer at least 20
7days' written notice, be absent from his or her place of work
8for the purpose of serving as an election judge. An employer
9may not penalize an employee for that absence other than a
10deduction in salary for the time the employee was absent from
11his or her place of employment. An employer may not require an
12employee to use earned vacation time or any form of paid leave
13time to serve as an election judge.
14    This Section does not apply to an employer with fewer than
1525 employees. An employer with more than 25 employees shall not
16be required to permit more than 10% of the employees to be
17absent under this Section on the same election day.
18(Source: P.A. 94-645, eff. 8-22-05.)
 
19    (10 ILCS 5/18A-5)
20    Sec. 18A-5. Provisional voting; general provisions.
21    (a) A person who claims to be a registered voter is
22entitled to cast a provisional ballot under the following
23circumstances:
24        (1) The person's name does not appear on the official

 

 

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1    list of eligible voters for the precinct in which the
2    person seeks to vote. The official list is the centralized
3    statewide voter registration list established and
4    maintained in accordance with Section 1A-25;
5        (2) The person's voting status has been challenged by
6    an election judge, a pollwatcher, or any legal voter and
7    that challenge has been sustained by a majority of the
8    election judges;
9        (3) A federal or State court order extends the time for
10    closing the polls beyond the time period established by
11    State law and the person votes during the extended time
12    period;
13        (4) The voter registered to vote by mail and is
14    required by law to present identification when voting
15    either in person or by absentee ballot, but fails to do so;
16        (5) The voter's name appears on the list of voters who
17    voted during the early voting period, but the voter claims
18    not to have voted during the early voting period; or
19        (6) The voter received an absentee ballot but did not
20    return the absentee ballot to the election authority; or .
21        (7) The voter registered to vote during the grace
22    period on the day before election day or on election day
23    during the 2014 general election.
24    (b) The procedure for obtaining and casting a provisional
25ballot at the polling place shall be as follows:
26        (1) After first verifying through an examination of the

 

 

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1    precinct register that the person's address is within the
2    precinct boundaries, an election judge at the polling place
3    shall notify a person who is entitled to cast a provisional
4    ballot pursuant to subsection (a) that he or she may cast a
5    provisional ballot in that election. An election judge must
6    accept any information provided by a person who casts a
7    provisional ballot that the person believes supports his or
8    her claim that he or she is a duly registered voter and
9    qualified to vote in the election. However, if the person's
10    residence address is outside the precinct boundaries, the
11    election judge shall inform the person of that fact, give
12    the person the appropriate telephone number of the election
13    authority in order to locate the polling place assigned to
14    serve that address, and instruct the person to go to the
15    proper polling place to vote.
16        (2) The person shall execute a written form provided by
17    the election judge that shall state or contain all of the
18    following that is available:
19             (i) an affidavit stating the following:
20                State of Illinois, County of ................,
21            Township ............., Precinct ........, Ward
22            ........, I, ......................., do solemnly
23            swear (or affirm) that: I am a citizen of the
24            United States; I am 18 years of age or older; I
25            have resided in this State and in this precinct for
26            30 days preceding this election; I have not voted

 

 

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1            in this election; I am a duly registered voter in
2            every respect; and I am eligible to vote in this
3            election. Signature ...... Printed Name of Voter
4            ....... Printed Residence Address of Voter ......
5            City ...... State .... Zip Code ..... Telephone
6            Number ...... Date of Birth ....... and Illinois
7            Driver's License Number ....... or Last 4 digits of
8            Social Security Number ...... or State
9            Identification Card Number issued to you by the
10            Illinois Secretary of State........
11            (ii) A box for the election judge to check one of
12        the 6 reasons why the person was given a provisional
13        ballot under subsection (a) of Section 18A-5.
14            (iii) An area for the election judge to affix his
15        or her signature and to set forth any facts that
16        support or oppose the allegation that the person is not
17        qualified to vote in the precinct in which the person
18        is seeking to vote.
19        The written affidavit form described in this
20    subsection (b)(2) must be printed on a multi-part form
21    prescribed by the county clerk or board of election
22    commissioners, as the case may be.
23        (3) After the person executes the portion of the
24    written affidavit described in subsection (b)(2)(i) of
25    this Section, the election judge shall complete the portion
26    of the written affidavit described in subsection

 

 

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1    (b)(2)(iii) and (b)(2)(iv).
2        (4) The election judge shall give a copy of the
3    completed written affidavit to the person. The election
4    judge shall place the original written affidavit in a
5    self-adhesive clear plastic packing list envelope that
6    must be attached to a separate envelope marked as a
7    "provisional ballot envelope". The election judge shall
8    also place any information provided by the person who casts
9    a provisional ballot in the clear plastic packing list
10    envelope. Each county clerk or board of election
11    commissioners, as the case may be, must design, obtain or
12    procure self-adhesive clear plastic packing list envelopes
13    and provisional ballot envelopes that are suitable for
14    implementing this subsection (b)(4) of this Section.
15        (5) The election judge shall provide the person with a
16    provisional ballot, written instructions for casting a
17    provisional ballot, and the provisional ballot envelope
18    with the clear plastic packing list envelope affixed to it,
19    which contains the person's original written affidavit
20    and, if any, information provided by the provisional voter
21    to support his or her claim that he or she is a duly
22    registered voter. An election judge must also give the
23    person written information that states that any person who
24    casts a provisional ballot shall be able to ascertain,
25    pursuant to guidelines established by the State Board of
26    Elections, whether the provisional vote was counted in the

 

 

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

 

 

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1accepting any information the provisional voter has supplied to
2the election judge to support his or her claim that he or she
3is a duly registered voter. In all other respects, a county
4clerk or board of election commissioners shall establish
5procedures consistent with subsection (b).
6    (d) The county clerk or board of election commissioners, as
7the case may be, shall use the completed affidavit form
8described in subsection (b) to update the person's voter
9registration information in the State voter registration
10database and voter registration database of the county clerk or
11board of election commissioners, as the case may be. If a
12person is later determined not to be a registered voter based
13on Section 18A-15 of this Code, then the affidavit shall be
14processed by the county clerk or board of election
15commissioners, as the case may be, as a voter registration
16application.
17(Source: P.A. 97-766, eff. 7-6-12.)
 
18    (10 ILCS 5/18A-15)
19    Sec. 18A-15. Validating and counting provisional ballots.
20    (a) The county clerk or board of election commissioners
21shall complete the validation and counting of provisional
22ballots within 14 calendar days of the day of the election. The
23county clerk or board of election commissioners shall have 7
24calendar days from the completion of the validation and
25counting of provisional ballots to conduct its final canvass.

 

 

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1The State Board of Elections shall complete within 31 calendar
2days of the election or sooner if all the returns are received,
3its final canvass of the vote for all public offices.
4    (b) If a county clerk or board of election commissioners
5determines that all of the following apply, then a provisional
6ballot is valid and shall be counted as a vote:
7        (1) the provisional voter cast the provisional ballot
8    in the correct precinct based on the address provided by
9    the provisional voter unless the provisional voter cast a
10    ballot pursuant to paragraph (7) of subsection (a) of
11    Section 18A-5, in which case the provisional ballot must
12    have been cast in the correct election jurisdiction based
13    on the address provided. The provisional voter's affidavit
14    shall serve as a change of address request by that voter
15    for registration purposes for the next ensuing election if
16    it bears an address different from that in the records of
17    the election authority. Votes for federal and statewide
18    offices on a provisional ballot cast in the incorrect
19    precinct that meet the other requirements of this
20    subsection shall be valid and counted in accordance with
21    rules adopted by the State Board of Elections. As used in
22    this item, "federal office" is defined as provided in
23    Section 20-1 and "statewide office" means the Governor,
24    Attorney General, Secretary of State, Comptroller, and
25    Treasurer. Votes for General Assembly, countywide,
26    citywide, or township office on a provisional ballot cast

 

 

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1    in the incorrect precinct but in the correct legislative
2    district, representative district, county, municipality,
3    or township, as the case may be, shall be valid and counted
4    in accordance with rules adopted by the State Board of
5    Elections. As used in this item, "citywide office" means an
6    office elected by the electors of an entire municipality.
7    As used in this item, "township office" means an office
8    elected by the electors of an entire township;
9        (2) the affidavit executed by the provisional voter
10    pursuant to subsection (b)(2) of Section 18A-5 contains, at
11    a minimum, the provisional voter's first and last name,
12    house number and street name, and signature or mark;
13        (3) the provisional voter is a registered voter based
14    on information available to the county clerk or board of
15    election commissioners provided by or obtained from any of
16    the following:
17            i. the provisional voter;
18            ii. an election judge;
19            iii. the statewide voter registration database
20        maintained by the State Board of Elections;
21            iv. the records of the county clerk or board of
22        election commissioners' database; or
23            v. the records of the Secretary of State; and
24        (4) for a provisional ballot cast under item (6) of
25    subsection (a) of Section 18A-5, the voter did not vote by
26    absentee ballot in the election at which the provisional

 

 

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

 

 

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

 

 

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1additional information to verify or otherwise support the
2information already submitted by the provisional voter. Within
32 calendar days after the election, the election authority
4shall transmit by electronic means pursuant to a process
5established by the State Board of Elections the name, street
6address, e-mail address, and precinct, ward, township, and
7district numbers, as the case may be, of each person casting a
8provisional ballot to the State Board of Elections, which shall
9maintain those names and that information in an electronic
10format on its website, arranged by county and accessible to
11State and local political committees. The provisional voter
12may, within 7 calendar days after the election, submit
13additional information to the county clerk or board of election
14commissioners. This information must be received by the county
15clerk or board of election commissioners within the
167-calendar-day period.
17    (e) If the county clerk or board of election commissioners
18determines that subsection (b)(1), (b)(2), or (b)(3) does not
19apply, then the provisional ballot is not valid and may not be
20counted. The provisional ballot envelope containing the ballot
21cast by the provisional voter may not be opened. The county
22clerk or board of election commissioners shall write on the
23provisional ballot envelope the following: "Provisional ballot
24determined invalid.".
25    (f) If the county clerk or board of election commissioners
26determines that a provisional ballot is valid under this

 

 

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1Section, then the provisional ballot envelope shall be opened.
2The outside of each provisional ballot envelope shall also be
3marked to identify the precinct and the date of the election.
4    (g) Provisional ballots determined to be valid shall be
5counted at the election authority's central ballot counting
6location and shall not be counted in precincts. The provisional
7ballots determined to be valid shall be added to the vote
8totals for the precincts from which they were cast in the order
9in which the ballots were opened. The validation and counting
10of provisional ballots shall be subject to the provisions of
11this Code that apply to pollwatchers. If the provisional
12ballots are a ballot of a punch card voting system, then the
13provisional ballot shall be counted in a manner consistent with
14Article 24A. If the provisional ballots are a ballot of optical
15scan or other type of approved electronic voting system, then
16the provisional ballots shall be counted in a manner consistent
17with Article 24B.
18    (h) As soon as the ballots have been counted, the election
19judges or election officials shall, in the presence of the
20county clerk or board of election commissioners, place each of
21the following items in a separate envelope or bag: (1) all
22provisional ballots, voted or spoiled; (2) all provisional
23ballot envelopes of provisional ballots voted or spoiled; and
24(3) all executed affidavits of the provisional ballots voted or
25spoiled. All provisional ballot envelopes for provisional
26voters who have been determined not to be registered to vote

 

 

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1shall remain sealed. The county clerk or board of election
2commissioners shall treat the provisional ballot envelope
3containing the written affidavit as a voter registration
4application for that person for the next election and process
5that application. The election judges or election officials
6shall then securely seal each envelope or bag, initial the
7envelope or bag, and plainly mark on the outside of the
8envelope or bag in ink the precinct in which the provisional
9ballots were cast. The election judges or election officials
10shall then place each sealed envelope or bag into a box, secure
11and seal it in the same manner as described in item (6) of
12subsection (b) of Section 18A-5. Each election judge or
13election official shall take and subscribe an oath before the
14county clerk or board of election commissioners that the
15election judge or election official securely kept the ballots
16and papers in the box, did not permit any person to open the
17box or otherwise touch or tamper with the ballots and papers in
18the box, and has no knowledge of any other person opening the
19box. For purposes of this Section, the term "election official"
20means the county clerk, a member of the board of election
21commissioners, as the case may be, and their respective
22employees.
23(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
24    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
25    Sec. 19-2. Any elector as defined in Section 19-1 may by

 

 

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1mail or electronically on the website of the appropriate
2election authority, not more than 90 40 nor less than 5 days
3prior to the date of such election, or by personal delivery not
4more than 90 40 nor less than one day prior to the date of such
5election, make application to the county clerk or to the Board
6of Election Commissioners for an official ballot for the
7voter's precinct to be voted at such election. The URL address
8at which voters may electronically request an absentee ballot
9shall be fixed no later than 90 calendar days before an
10election and shall not be changed until after the election.
11Such a ballot shall be delivered to the elector only upon
12separate application by the elector for each election.
13(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13.)
 
14    (10 ILCS 5/19A-10)
15    Sec. 19A-10. Permanent polling places for early voting.
16    (a) An election authority may establish permanent polling
17places for early voting by personal appearance at locations
18throughout the election authority's jurisdiction, including
19but not limited to a municipal clerk's office, a township
20clerk's office, a road district clerk's office, or a county or
21local public agency office. Except as otherwise provided in
22subsection (b), any person entitled to vote early by personal
23appearance may do so at any polling place established for early
24voting.
25    (b) If it is impractical for the election authority to

 

 

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1provide at each polling place for early voting a ballot in
2every form required in the election authority's jurisdiction,
3the election authority may:
4        (1) provide appropriate forms of ballots to the office
5    of the municipal clerk in a municipality not having a board
6    of election commissioners; the township clerk; or in
7    counties not under township organization, the road
8    district clerk; and
9        (2) limit voting at that polling place to registered
10    voters in that municipality, ward or group of wards,
11    township, or road district.
12    If the early voting polling place does not have the correct
13ballot form for a person seeking to vote early, the election
14judge or election official conducting early voting at that
15polling place shall inform the person of that fact, give the
16person the appropriate telephone number of the election
17authority in order to locate an early voting polling place with
18the correct ballot form for use in that person's assigned
19precinct, and instruct the person to go to the proper early
20voting polling place to vote early.
21    (c) During each general primary and general election, each
22election authority in a county with a population over 250,000
23shall establish at least one permanent polling place for early
24voting by personal appearance at a location within each of the
253 largest municipalities within its jurisdiction. If any of the
263 largest municipalities is over 80,000, the election authority

 

 

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1shall establish at least 2 permanent polling places within the
2municipality. All population figures shall be determined by the
3federal census.
4    (d) During each general primary and general election, each
5board of election commissioners established under Article 6 of
6this Code in any city, village, or incorporated town with a
7population over 100,000 shall establish at least 2 permanent
8polling places for early voting by personal appearance. All
9population figures shall be determined by the federal census.
10    (e) During each general primary and general election, each
11election authority in a county with a population of over
12100,000 but under 250,000 persons shall establish at least one
13polling place for early voting by personal appearance. The
14location for early voting may be the election authority's main
15office or another location designated by the election
16authority. The election authority may designate additional
17sites for early voting by personal appearance. All population
18figures shall be determined by the federal census.
19(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
 
20    (10 ILCS 5/19A-15)
21    Sec. 19A-15. Period for early voting; hours.
22    (a) The period for early voting by personal appearance
23begins the 15th day preceding a general primary, consolidated
24primary, consolidated, or general election and extends through
25the 3rd day before election day, except that for the 2014

 

 

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1general election the period for early voting by personal
2appearance shall extend through the 2nd day before election
3day.
4    (b) Except as otherwise provided by this Section, a A
5permanent polling place for early voting must remain open
6during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. to
75:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on Saturdays
8and holidays, and 12:00 p.m. to 3:00 p.m. on Sundays; except
9that, in addition to the hours required by this subsection, a
10permanent early voting polling place designated by an election
11authority under subsection (c) of Section 19A-10 must remain
12open for a total of at least 8 hours on any holiday during the
13early voting period and a total of at least 14 hours on the
14final weekend during the early voting period. For the 2014
15general election, a permanent polling place for early voting
16must remain open during the hours of 8:30 a.m. to 4:30 p.m. or
179:00 a.m. to 5:00 p.m. on weekdays, except that beginning 8
18days before election day, a permanent polling place for early
19voting must remain open during the hours of 8:30 a.m. to 7:00
20p.m., or 9:00 a.m. to 7:00 p.m.. For the 2014 general election,
21a permanent polling place for early voting shall remain open
22during the hours of 9:00 a.m. to 12:00 p.m. on Saturdays and
2310:00 a.m. to 4:00 p.m. on Sundays; except that, in addition to
24the hours required by this subsection (b), a permanent early
25voting place designated by an election authority under
26subsection (c) of Section 19A-10 must remain open for a total

 

 

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1of at least 14 hours on the final weekend during the early
2voting period.
3    (c) Notwithstanding subsections (a) and (b), an election
4authority may close an early voting polling place if the
5building in which the polling place is located has been closed
6by the State or unit of local government in response to a
7severe weather emergency. In the event of a closure, the
8election authority shall conduct early voting on the 2nd day
9before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to
105:00 p.m. The election authority shall notify the State Board
11of Elections of any closure and shall make reasonable efforts
12to provide notice to the public of the extended early voting
13period.
14    (d) Notwithstanding subsections (a) and (b), in 2013 only,
15an election authority may close an early voting place on Good
16Friday, Holy Saturday, and Easter Sunday, provided that the
17early voting place remains open 2 hours later on April 3, 4,
18and 5 of 2013. The election authority shall notify the State
19Board of Elections of any closure and shall provide notice to
20the public of the closure and the extended hours during the
21final week.
22(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4,
23eff. 3-12-13; 98-115, eff. 7-29-13.)
 
24    (10 ILCS 5/19A-35)
25    Sec. 19A-35. Procedure for voting.

 

 

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1    (a) Not more than 23 days before the start of the election,
2the county clerk shall make available to the election official
3conducting early voting by personal appearance a sufficient
4number of early ballots, envelopes, and printed voting
5instruction slips for the use of early voters. The election
6official shall receipt for all ballots received and shall
7return unused or spoiled ballots at the close of the early
8voting period to the county clerk and must strictly account for
9all ballots received. The ballots delivered to the election
10official must include early ballots for each precinct in the
11election authority's jurisdiction and must include separate
12ballots for each political subdivision conducting an election
13of officers or a referendum at that election.
14    (b) In conducting early voting under this Article, the
15election judge or official is required to verify the signature
16of the early voter by comparison with the signature on the
17official registration card, and the judge or official must
18verify (i) the identity of the applicant, (ii) that the
19applicant is a registered voter, (iii) the precinct in which
20the applicant is registered, and (iv) the proper ballots of the
21political subdivision in which the applicant resides and is
22entitled to vote before providing an early ballot to the
23applicant. Except for during the 2014 general election, the The
24applicant's identity must be verified by the applicant's
25presentation of an Illinois driver's license, a non-driver
26identification card issued by the Illinois Secretary of State,

 

 

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1a photo identification card issued by a university or college,
2or another government-issued identification document
3containing the applicant's photograph. The election judge or
4official must verify the applicant's registration from the most
5recent poll list provided by the election authority, and if the
6applicant is not listed on that poll list, by telephoning the
7office of the election authority.
8    (b-5) A person requesting an early voting ballot to whom an
9absentee ballot was issued may vote early if the person submits
10that absentee ballot to the judges of election or official
11conducting early voting for cancellation. If the voter is
12unable to submit the absentee ballot, it shall be sufficient
13for the voter to submit to the judges or official (i) a portion
14of the absentee ballot if the absentee ballot was torn or
15mutilated or (ii) an affidavit executed before the judges or
16official specifying that (A) the voter never received an
17absentee ballot or (B) the voter completed and returned an
18absentee ballot and was informed that the election authority
19did not receive that absentee ballot.
20    (b-10) Within one day after a voter casts an early voting
21ballot, the election authority shall transmit the voter's name,
22street address, and precinct, ward, township, and district
23numbers, as the case may be, to the State Board of Elections,
24which shall maintain those names and that information in an
25electronic format on its website, arranged by county and
26accessible to State and local political committees.

 

 

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1    (b-15) Immediately after voting an early ballot, the voter
2shall be instructed whether the voting equipment accepted or
3rejected the ballot or identified that ballot as under-voted
4for a statewide constitutional office. A voter whose ballot is
5identified as under-voted may return to the voting booth and
6complete the voting of that ballot. A voter whose early voting
7ballot is not accepted by the voting equipment may, upon
8surrendering the ballot, request and vote another early voting
9ballot. The voter's surrendered ballot shall be initialed by
10the election judge or official conducting the early voting and
11handled as provided in the appropriate Article governing the
12voting equipment used.
13    (c) The sealed early ballots in their carrier envelope
14shall be delivered by the election authority to the central
15ballot counting location before the close of the polls on the
16day of the election.
17(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
18    Section 905. The School Code is amended by changing Section
199-11.1 as follows:
 
20    (105 ILCS 5/9-11.1)  (from Ch. 122, par. 9-11.1)
21    Sec. 9-11.1. The county clerk or the board of election
22commissioners, as the case may be, of the jurisdiction in which
23the principal office of the school district is located local
24election official shall conduct a lottery to determine the

 

 

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1ballot order of candidates for full terms in the event of any
2simultaneous petition filings. Such candidate lottery shall be
3conducted as follows:
4    All petitions filed by persons waiting in line as of 8:00
5a.m. on the first day for filing, or as of the normal opening
6hour of the office involved on such day, shall be deemed
7simultaneously filed as of 8:00 a.m. or the normal opening
8hour, as the case may be. Petitions filed by mail and received
9after midnight of the first day for filing and in the first
10mail delivery or pickup of that day shall be deemed
11simultaneously filed as of 8:00 a.m. of that day or as of the
12normal opening hour of such day, as the case may be. All
13petitions received thereafter shall be deemed filed in the
14order of actual receipt. However, 2 or more petitions filed
15within the last hour of the filing deadline shall be deemed
16filed simultaneously.
17    Where 2 or more petitions are received simultaneously for
18the same office as of 8:00 a.m. on the first day for petition
19filing, or as of the normal opening hour of the office of the
20county clerk or the board of election commissioners, as the
21case may be, the county clerk or the board of election
22commissioners local election official, the local election
23official with whom such petitions are filed shall break ties
24and determine the order of filing by means of a lottery or
25other fair and impartial method of random selection. Such
26lottery shall be conducted within 9 days following the last day

 

 

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1for petition filing and shall be open to the public. Seven days
2written notice of the time and place of conducting such random
3selection shall be given by the county clerk or the board of
4election commissioners local election official to all
5candidates who filed their petitions simultaneously and to each
6organization of citizens within the election jurisdiction
7which was entitled, under the general election law, at the next
8preceding election, to have pollwatchers present on the day of
9election. The county clerk or the board of election
10commissioners local election official shall post in a
11conspicuous, open and public place, at the entrance of his or
12her office, notice of the time and place of such lottery.
13    All candidates shall be certified in the order in which
14their petitions have been filed and in the manner prescribed by
15Section 10-15 of the general election law. Where candidates
16have filed simultaneously, they shall be certified in the order
17prescribed by this Section and prior to candidates who filed
18for the same office at a later time.
19    Where elections are conducted for unexpired terms, a second
20lottery to determine ballot order shall be conducted for
21candidates who simultaneously file petitions for such
22unexpired terms. Such lottery shall be conducted in the same
23manner as prescribed by this Section for full term candidates.
24(Source: P.A. 84-1338.)
 
25    Section 997. Severability. If any provision of this Act or

 

 

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1its application to any person or circumstance is held invalid,
2the invalidity of that provision or application does not affect
3other provisions or applications of this Act that can be given
4effect without the invalid provision or application.
 
5    Section 999. Effective date. This Act takes effect upon
6becoming law.".