Full Text of SB1140 101st General Assembly
SB1140eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 7-10.2, 7-17, 10-5.1, and 16-3 as follows:
| 6 | | (10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
| 7 | | Sec. 7-10.2. In the designation of the name of a candidate | 8 | | on a petition for
nomination or certificate of nomination the | 9 | | candidate's given name or
names, initial or initials, a | 10 | | nickname by which the candidate is
commonly known, or a | 11 | | combination thereof, may be used in addition to the
candidate's | 12 | | surname. If a candidate , except a judicial candidate or a | 13 | | candidate for State's Attorney, has changed his or her name, | 14 | | whether by a statutory or common law procedure in Illinois or | 15 | | any other jurisdiction, within 3 years before the last day for | 16 | | filing the petition or certificate for that office, whichever | 17 | | is applicable, then (i) the candidate's name on the petition or | 18 | | certificate must be followed by "formerly known as (list all | 19 | | prior names during the 3-year period) until name changed on | 20 | | (list date of each such name change)" and (ii) the petition or | 21 | | certificate must be accompanied by the candidate's affidavit | 22 | | stating the candidate's previous names during the period | 23 | | specified in (i) and the date or dates each of those names was |
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| 1 | | changed; failure to meet these requirements shall be grounds | 2 | | for denying certification of the candidate's name for the | 3 | | ballot or removing the candidate's name from the ballot, as | 4 | | appropriate . | 5 | | If a judicial candidate or candidate for State's Attorney | 6 | | has changed his or her name, whether by a statutory or common | 7 | | law procedure in Illinois or any other jurisdiction, at any | 8 | | time after being admitted to practice law in Illinois and | 9 | | before the last day for filing the petition or certificate for | 10 | | that office, whichever is applicable, then (i) the candidate's | 11 | | name on the petition or certificate must be followed by | 12 | | "formerly known as (list prior names, including his or her name | 13 | | at the time he or she was admitted to practice law in Illinois | 14 | | and any subsequent names) until name changed on (list date of | 15 | | each such name change)" and (ii) the petition or certificate | 16 | | must be accompanied by the candidate's affidavit stating the | 17 | | candidate's previous names during the period specified in item | 18 | | (i) and the date or dates each of those names was changed; | 19 | | failure to meet these requirements shall be grounds for denying | 20 | | certification of the candidate's name for the ballot or | 21 | | removing the candidate's name from the ballot, as appropriate. | 22 | | These , but these requirements do not apply to name changes | 23 | | resulting from adoption to assume an adoptive parent's or | 24 | | parents' surname, marriage to assume a spouse's surname, or | 25 | | dissolution of marriage or declaration of invalidity of | 26 | | marriage to assume a former surname. No other designation such |
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| 1 | | as a political slogan, as
defined by Section 7-17, title or | 2 | | degree, or
nickname suggesting or implying possession of a | 3 | | title, degree or professional
status, or similar information | 4 | | may be used in connection with the candidate's
surname.
| 5 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
| 6 | | (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
| 7 | | Sec. 7-17. Candidate ballot name procedures.
| 8 | | (a) Each election authority in each county shall cause to | 9 | | be
printed upon the general primary ballot of each party for | 10 | | each precinct
in his jurisdiction the name of each candidate | 11 | | whose petition for
nomination or for committeeperson has been | 12 | | filed in the office of the
county clerk, as herein provided; | 13 | | and also the name of each candidate
whose name has been | 14 | | certified to his office by the State Board of
Elections, and in | 15 | | the order so certified, except as hereinafter
provided.
| 16 | | It shall be the duty of the election authority to cause to | 17 | | be printed
upon the consolidated primary ballot of each | 18 | | political party for each
precinct in his jurisdiction the name | 19 | | of each candidate whose name has
been certified to him, as | 20 | | herein provided and which is to be voted for
in such precinct.
| 21 | | (b) In the designation of the name of a candidate on the | 22 | | primary ballot
the candidate's given name or names, initial or | 23 | | initials, a nickname by
which the candidate is commonly known, | 24 | | or a combination thereof, may be
used in addition to the | 25 | | candidate's surname. If a candidate , except a judicial |
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| 1 | | candidate or a candidate for State's Attorney, has changed his | 2 | | or her name, whether by a statutory or common law procedure in | 3 | | Illinois or any other jurisdiction, within 3 years before the | 4 | | last day for filing the petition for nomination, nomination | 5 | | papers, or certificate of nomination for that office, whichever | 6 | | is applicable, then (i) the candidate's name on the primary | 7 | | ballot must be followed by "formerly known as (list all prior | 8 | | names during the 3-year period) until name changed on (list | 9 | | date of each such name change)" and (ii) the petition, papers, | 10 | | or certificate must be accompanied by the candidate's affidavit | 11 | | stating the candidate's previous names during the period | 12 | | specified in (i) and the date or dates each of those names was | 13 | | changed; failure to meet these requirements shall be grounds | 14 | | for denying certification of the candidate's name for the | 15 | | ballot or removing the candidate's name from the ballot, as | 16 | | appropriate . | 17 | | If a judicial candidate or candidate for State's Attorney | 18 | | has changed his or her name, whether by a statutory or common | 19 | | law procedure in Illinois or any other jurisdiction, at any | 20 | | time after being admitted to practice law in Illinois and | 21 | | before the last day for filing the petition for nomination, | 22 | | nomination papers, or certificate of nomination for that | 23 | | office, whichever is applicable, then (i) the candidate's name | 24 | | on the primary ballot must be followed by "formerly known as | 25 | | (list prior names, including his or her name at the time he or | 26 | | she was admitted to practice law in Illinois and any subsequent |
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| 1 | | names) until name changed on (list date of each such name | 2 | | change)" and (ii) the petition, papers, or certificate must be | 3 | | accompanied by the candidate's affidavit stating the | 4 | | candidate's previous names during the period specified in item | 5 | | (i) and the date or dates each of those names was changed; | 6 | | failure to meet these requirements shall be grounds for denying | 7 | | certification of the candidate's name for the ballot or | 8 | | removing the candidate's name from the ballot, as appropriate. | 9 | | These , but these requirements do not apply to name changes | 10 | | resulting from adoption to assume an adoptive parent's or | 11 | | parents' surname, marriage to assume a spouse's surname, or | 12 | | dissolution of marriage or declaration of invalidity of | 13 | | marriage to assume a former surname. No other designation such
| 14 | | as a political slogan, title, or degree, or nickname suggesting | 15 | | or
implying possession of
a title, degree or professional | 16 | | status, or similar information may be
used in connection
with | 17 | | the candidate's surname.
For purposes of this Section, a | 18 | | "political slogan" is defined as any
word
or words expressing | 19 | | or connoting a position, opinion, or belief that the
candidate | 20 | | may espouse, including but not limited to, any word or words
| 21 | | conveying any meaning other than that of the personal identity | 22 | | of the
candidate. A
candidate may not use a political slogan as | 23 | | part of his or her name on the
ballot, notwithstanding that the | 24 | | political slogan may be part of the
candidate's name.
| 25 | | (c) The State Board of Elections, a local election | 26 | | official, or an election
authority shall remove any candidate's |
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| 1 | | name designation from a ballot that is
inconsistent with | 2 | | subsection (b) of this Section. In addition, the State Board
of | 3 | | Elections, a local election official, or an election authority | 4 | | shall not
certify to any election authority any candidate name | 5 | | designation that is
inconsistent with subsection (b) of this | 6 | | Section.
| 7 | | (d) If the State Board of Elections, a local election | 8 | | official, or an
election authority removes a candidate's name | 9 | | designation from a ballot
under subsection (c) of this Section, | 10 | | then the aggrieved candidate may
seek appropriate relief in | 11 | | circuit court.
| 12 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 13 | | (10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
| 14 | | Sec. 10-5.1. In the designation of the name of a candidate | 15 | | on a certificate of
nomination or nomination papers the | 16 | | candidate's given name or names,
initial or initials, a | 17 | | nickname by which the candidate is commonly
known, or a | 18 | | combination thereof, may be used in addition to the
candidate's | 19 | | surname. If a candidate , except a judicial candidate or a | 20 | | candidate for State's Attorney, has changed his or her name, | 21 | | whether by a statutory or common law procedure in Illinois or | 22 | | any other jurisdiction, within 3 years before the last day for | 23 | | filing the certificate of nomination or nomination papers for | 24 | | that office, whichever is applicable, then (i) the candidate's | 25 | | name on the certificate or papers must be followed by "formerly |
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| 1 | | known as (list all prior names during the 3-year period) until | 2 | | name changed on (list date of each such name change)" and (ii) | 3 | | the certificate or paper must be accompanied by the candidate's | 4 | | affidavit stating the candidate's previous names during the | 5 | | period specified in (i) and the date or dates each of those | 6 | | names was changed; failure to meet these requirements shall be | 7 | | grounds for denying certification of the candidate's name for | 8 | | the ballot or removing the candidate's name from the ballot, as | 9 | | appropriate . | 10 | | If a judicial candidate or candidate for State's Attorney | 11 | | has changed his or her name, whether by a statutory or common | 12 | | law procedure in Illinois or any other jurisdiction, at any | 13 | | time after being admitted to practice law in Illinois and | 14 | | before the last day for filing the certificate of nomination or | 15 | | nomination papers for that office, whichever is applicable, | 16 | | then (i) the candidate's name on the certificate or papers must | 17 | | be followed by "formerly known as (list prior names, including | 18 | | his or her name at the time he or she was admitted to practice | 19 | | law in Illinois and any subsequent names) until name changed on | 20 | | (list date of each such name change)" and (ii) the certificate | 21 | | or paper must be accompanied by the candidate's affidavit | 22 | | stating the candidate's previous names during the period | 23 | | specified in item (i) and the date or dates each of those names | 24 | | was changed; failure to meet these requirements shall be | 25 | | grounds for denying certification of the candidate's name for | 26 | | the ballot or removing the candidate's name from the ballot, as |
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| 1 | | appropriate. | 2 | | These , but these requirements do not apply to name changes | 3 | | resulting from adoption to assume an adoptive parent's or | 4 | | parents' surname, marriage to assume a spouse's surname, or | 5 | | dissolution of marriage or declaration of invalidity of | 6 | | marriage to assume a former surname. No other designation such | 7 | | as a political slogan,
title, or
degree, or
nickname suggesting | 8 | | or implying possession of a title, degree or professional
| 9 | | status, or
similar information may be used in connection with | 10 | | the candidate's
surname.
| 11 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
| 12 | | (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
| 13 | | Sec. 16-3. (a) The names of all candidates to be voted for | 14 | | in each
election district or precinct shall be printed on one | 15 | | ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of | 16 | | this Act and except as otherwise
provided in this Act with | 17 | | respect to the odd year regular elections and
the emergency | 18 | | referenda; all nominations
of any political party being placed | 19 | | under the party appellation or title
of such party as | 20 | | designated in the certificates of nomination or
petitions. The | 21 | | names of all independent candidates shall be printed upon
the | 22 | | ballot in a column or columns under the heading "independent"
| 23 | | arranged under the names or titles of the respective offices | 24 | | for which
such independent candidates shall have been nominated | 25 | | and so far as
practicable, the name or names of any independent |
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| 1 | | candidate or
candidates for any office shall be printed upon | 2 | | the ballot opposite the
name or names of any candidate or | 3 | | candidates for the same office
contained in any party column or | 4 | | columns upon said ballot. The ballot
shall contain no other | 5 | | names, except that in cases of electors for
President and | 6 | | Vice-President of the United States, the names of the
| 7 | | candidates for President and Vice-President may be added to the | 8 | | party
designation and words calculated to aid the voter in his | 9 | | choice of candidates
may be added, such as "Vote for one," | 10 | | "Vote for not more than three." If no candidate or candidates | 11 | | file for an office and if no person or persons file a | 12 | | declaration as a write-in candidate for that office, then below | 13 | | the title of that office the election authority instead shall | 14 | | print "No Candidate". When an electronic
voting system is used | 15 | | which utilizes a ballot label booklet, the candidates
and | 16 | | questions shall appear on the pages of such booklet in the | 17 | | order
provided by this Code; and, in any case where candidates | 18 | | for an office
appear on a page which does not contain the name | 19 | | of any candidate for
another office, and where less than 50% of | 20 | | the page is utilized, the name of
no candidate shall be printed | 21 | | on the lowest 25% of such page. On the back or
outside of the | 22 | | ballot, so as to appear when folded, shall be printed the words
| 23 | | "Official Ballot", followed by the designation of the polling | 24 | | place for
which the ballot is prepared, the date of the | 25 | | election and a facsimile
of the signature of the election | 26 | | authority who has caused the ballots to
be printed. The ballots |
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| 1 | | shall be of plain white paper, through which the
printing or | 2 | | writing cannot be read. However, ballots for use at the
| 3 | | nonpartisan and consolidated elections may be printed on | 4 | | different color
paper, except blue paper, whenever necessary or | 5 | | desirable to facilitate
distinguishing between ballots for | 6 | | different political subdivisions. In
the case of nonpartisan | 7 | | elections for officers of a political
subdivision, unless the | 8 | | statute or an ordinance adopted pursuant to
Article VII of the | 9 | | Constitution providing the form of government
therefor | 10 | | requires otherwise, the column listing such nonpartisan
| 11 | | candidates shall be printed with no appellation or circle at | 12 | | its head.
The party appellation or title, or the word | 13 | | "independent" at the head of
any column provided for | 14 | | independent candidates, shall be printed in letters not less | 15 | | than one-fourth of an inch in height
and a
circle one-half inch | 16 | | in diameter shall be printed at the beginning of
the line in | 17 | | which such appellation or title is printed, provided,
however, | 18 | | that no such circle shall be printed at the head of any column
| 19 | | or columns provided for such independent candidates. The names | 20 | | of
candidates shall be printed in letters not less than | 21 | | one-eighth
nor more than one-fourth of an inch in height, and | 22 | | at the beginning of
each line in which a name of a candidate is | 23 | | printed a square shall be
printed, the sides of which shall be | 24 | | not less than one-fourth of an inch
in length. However, the | 25 | | names of the candidates for Governor and
Lieutenant Governor on | 26 | | the same ticket shall be printed within a bracket
and a single |
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| 1 | | square shall be printed in front of the bracket. The list
of | 2 | | candidates of the several parties and any such list of | 3 | | independent
candidates shall be placed in separate columns on | 4 | | the ballot in such
order as the election authorities charged | 5 | | with the printing of the
ballots shall decide; provided, that | 6 | | the names of the candidates of the
several political parties, | 7 | | certified by the State Board of Elections to
the several county | 8 | | clerks shall be printed by the county clerk of the
proper | 9 | | county on the official ballot in the order certified by the | 10 | | State
Board of Elections. Any county clerk refusing, neglecting | 11 | | or failing to
print on the official ballot the names of | 12 | | candidates of the several
political parties in the order | 13 | | certified by the State Board of
Elections, and any county clerk | 14 | | who prints or causes to be printed upon
the official ballot the | 15 | | name of a candidate, for an office to be filled
by the Electors | 16 | | of the entire State, whose name has not been duly
certified to | 17 | | him upon a certificate signed by the State Board of
Elections | 18 | | shall be guilty of a Class C misdemeanor.
| 19 | | (b) When an electronic voting system is used which utilizes | 20 | | a ballot
card,
on the inside flap of each ballot card envelope | 21 | | there shall be printed
a form for write-in voting which shall | 22 | | be substantially as follows:
| 23 | | WRITE-IN VOTES
| 24 | | (See card of instructions for specific information. | 25 | | Duplicate form below
by hand for additional write-in votes.)
| 26 | | _____________________________
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| 1 | | Title of Office
| 2 | | ( ) ____________________________
| 3 | | Name of Candidate
| 4 | | Write-in lines equal to the number of candidates for which | 5 | | a voter may vote shall be printed for an office only if one or | 6 | | more persons filed declarations of intent to be write-in | 7 | | candidates or qualify to file declarations to be write-in | 8 | | candidates under Sections 17-16.1 and 18-9.1 when the | 9 | | certification of ballot contains the words "OBJECTION | 10 | | PENDING".
| 11 | | (c) When an electronic voting system is used which uses a | 12 | | ballot sheet,
the
instructions to voters on the ballot sheet | 13 | | shall refer the voter to the
card of instructions for specific | 14 | | information on write-in voting. Below
each office appearing on | 15 | | such ballot sheet there shall be a provision for
the casting of | 16 | | a write-in vote. Write-in lines equal to the number of | 17 | | candidates for which a voter may vote shall be printed for an | 18 | | office only if one or more persons filed declarations of intent | 19 | | to be write-in candidates or qualify to file declarations to be | 20 | | write-in candidates under Sections 17-16.1 and 18-9.1 when the | 21 | | certification of ballot contains the words "OBJECTION | 22 | | PENDING".
| 23 | | (d) When such electronic system is used, there shall be | 24 | | printed on the
back of each ballot card, each ballot card | 25 | | envelope, and
the first page of the ballot label when a ballot | 26 | | label is used, the
words "Official Ballot," followed by the |
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| 1 | | number of the
precinct or other precinct identification, which | 2 | | may be stamped, in lieu
thereof and, as applicable, the number | 3 | | and name of the township, ward
or other election district for | 4 | | which the ballot card, ballot card
envelope, and ballot label | 5 | | are prepared, the date of the election and a
facsimile of the | 6 | | signature of the election authority who has caused the
ballots | 7 | | to be printed. The back of the ballot card shall also include
a | 8 | | method of identifying the ballot configuration such as a | 9 | | listing of the
political subdivisions and districts for which | 10 | | votes may be cast on that
ballot, or a number code identifying | 11 | | the ballot configuration or color coded
ballots, except that | 12 | | where there is only one ballot configuration in a
precinct, the | 13 | | precinct identification, and any applicable ward
| 14 | | identification, shall be sufficient. Ballot card envelopes | 15 | | used in punch
card systems shall be of paper through which no | 16 | | writing or punches may be
discerned and shall be of sufficient | 17 | | length to enclose all voting
positions. However, the election | 18 | | authority may provide
ballot card envelopes on which no | 19 | | precinct number or township, ward or
other election district | 20 | | designation, or election date are preprinted, if
space and a | 21 | | preprinted form are provided below the space provided for
the | 22 | | names of write-in candidates where such information may be | 23 | | entered
by the judges of election. Whenever an election | 24 | | authority utilizes
ballot card envelopes on which the election | 25 | | date and precinct is not
preprinted, a judge of election shall | 26 | | mark such information for the
particular precinct and election |
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| 1 | | on the envelope in ink before tallying
and counting any | 2 | | write-in vote written thereon.
If some method of insuring | 3 | | ballot secrecy other than an envelope is used,
such information | 4 | | must be provided on the ballot itself.
| 5 | | (e) In the designation of the name of a candidate on the | 6 | | ballot, the
candidate's given name or names, initial or | 7 | | initials, a nickname by
which the candidate is commonly known, | 8 | | or a combination thereof, may be
used in addition to the | 9 | | candidate's surname. If a candidate , except a judicial | 10 | | candidate or a candidate for State's Attorney, has changed his | 11 | | or her name, whether by a statutory or common law procedure in | 12 | | Illinois or any other jurisdiction, within 3 years before the | 13 | | last day for filing the petition for nomination, nomination | 14 | | papers, or certificate of nomination for that office, whichever | 15 | | is applicable, then (i) the candidate's name on the ballot must | 16 | | be followed by "formerly known as (list all prior names during | 17 | | the 3-year period) until name changed on (list date of each | 18 | | such name change)" and (ii) the petition, papers, or | 19 | | certificate must be accompanied by the candidate's affidavit | 20 | | stating the candidate's previous names during the period | 21 | | specified in (i) and the date or dates each of those names was | 22 | | changed; failure to meet these requirements shall be grounds | 23 | | for denying certification of the candidate's name for the | 24 | | ballot or removing the candidate's name from the ballot, as | 25 | | appropriate . | 26 | | If a judicial candidate or candidate for State's Attorney |
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| 1 | | has changed his or her name, whether by a statutory or common | 2 | | law procedure in Illinois or any other jurisdiction, at any | 3 | | time after being admitted to practice law in Illinois and | 4 | | before the last day for filing the petition for nomination, | 5 | | nomination papers, or certificate of nomination for that | 6 | | office, whichever is applicable, then (i) the candidate's name | 7 | | on the ballot must be followed by "formerly known as (list | 8 | | prior names, including his or her name at the time he or she | 9 | | was admitted to practice law in Illinois and any subsequent | 10 | | names) until name changed on (list date of each such name | 11 | | change)" and (ii) the petition, papers, or certificate must be | 12 | | accompanied by the candidate's affidavit stating the | 13 | | candidate's previous names during the period specified in item | 14 | | (i) and the date or dates each of those names was changed; | 15 | | failure to meet these requirements shall be grounds for denying | 16 | | certification of the candidate's name for the ballot or | 17 | | removing the candidate's name from the ballot, as appropriate. | 18 | | These , but these requirements do not apply to name changes | 19 | | resulting from adoption to assume an adoptive parent's or | 20 | | parents' surname, marriage to assume a spouse's surname, or | 21 | | dissolution of marriage or declaration of invalidity of | 22 | | marriage to assume a former surname. No other designation such
| 23 | | as a political slogan, title, or degree or nickname suggesting | 24 | | or
implying possession of a
title, degree or professional | 25 | | status, or similar information may be used
in connection with | 26 | | the candidate's surname.
For purposes of this Section, a |
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| 1 | | "political slogan" is defined as any
word or words expressing | 2 | | or connoting a position, opinion, or belief that the
candidate | 3 | | may espouse, including but not limited to, any word or words
| 4 | | conveying any meaning other than that of the personal identity | 5 | | of the
candidate. A
candidate may not use a political slogan as | 6 | | part of his or her name on the
ballot, notwithstanding that the | 7 | | political slogan may be part of the
candidate's name.
| 8 | | (f) The State Board of Elections, a local election | 9 | | official, or an
election
authority shall remove any candidate's | 10 | | name designation from a ballot that is
inconsistent with | 11 | | subsection (e) of this Section. In addition, the State Board
of | 12 | | Elections, a local election official, or an election authority | 13 | | shall not
certify to any election authority any candidate name | 14 | | designation that is
inconsistent with subsection (e) of this | 15 | | Section.
| 16 | | (g) If the State Board of Elections, a local election | 17 | | official, or an
election
authority removes a candidate's name | 18 | | designation from a ballot under
subsection (f) of this Section, | 19 | | then the aggrieved candidate may seek
appropriate relief in | 20 | | circuit court.
| 21 | | Where voting machines or electronic voting systems are | 22 | | used, the
provisions of this Section may be modified as | 23 | | required or authorized by
Article 24 or Article 24A, whichever | 24 | | is applicable.
| 25 | | Nothing in this Section shall prohibit election | 26 | | authorities from using
or reusing ballot card envelopes which |
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| 1 | | were printed before the effective
date of this amendatory Act | 2 | | of 1985.
| 3 | | (Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07; | 4 | | 95-862, eff. 8-19-08.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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